Press Releases

WASHINGTON - U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Elizabeth Warren (D-Mass.), Patty Murray (D-Wash.), Gary C. Peters (D-Mich.) and  18 of their Senate colleagues in writing to the Office of Management and Budget (OMB) and Office of Personnel Management (OPM) regarding the safety of federal workers during the coronavirus (COVID-19) pandemic. The senators are requesting information on the agencies’ efforts to ensure that agencies maximize telework across their workforce, collect and provide data on current teleworking practices at federal agencies, standardize the procedures by which positive cases of COVID-19 are handled and disclosed, and on how OMB and OPM are evaluating when it is safe for federal employees to return to work at their physical job sites.

Joining Sens. Warner, Warren, Murray, and Peters sending the letter are Edward J. Markey (D-Mass.), Richard Blumenthal (D-Conn.), Chris Van Hollen (D-Md.), Robert Menendez (D-N.J.), Benjamin L. Cardin (D-Md.), Sherrod Brown (D-Ohio), Bernard Sanders (I-Vt.), Mazie K. Hirono (D-Hawaii), Debbie Stabenow (D-Mich.), Tim Kaine (D-Va.), Angus S. King, Jr. (I-Maine), Kirsten E. Gillibrand (D-N.Y.), Ron Wyden (D-Ore.), Richard J. Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Kamala D. Harris (D-Calif.), Amy Klobuchar (D-Minn.), and Jeanne Shaheen (D-N.H.)

“As the number of coronavirus cases and the number of deaths—including deaths of federal employees—continue to rise, it is imperative that all federal employees are appropriately protected, and have assurance that their safety will take precedence and be the highest priority in decisions about when and how they return to their job sites,” the senators wrote.

As the two agencies tasked with managing human resources across the federal government, OMB and OPM have the authority and responsibility to protect federal employees and prevent them from contracting and unwittingly spreading COVID-19 during this pandemic. Last week, OMB and OPMissued a memo directing federal agencies to “incorporate” President Trump’s Opening Up America Again guidelines “into agency workplace protocols,” and encouraging federal agencies “to allow Federal employees and contractors to return to the office in low-risk areas.” Public health experts have expressed serious concerns about these guidelines and warned that there is still not sufficient testing, tracing, or personal protective equipment to know where, and when it is safe to relax social distancing and quarantine guidelines.

In their letter, the senators noted that, although thousands of federal employees have reportedly been infected with COVID-19, teleworking has been implemented inconsistently across the federal government. The senators cited reports that some employees’ requests to work remotely are being denied, even though their jobs can be done remotely, and that in some offices, senior staff are able to telework while lower-level administrative staff are required to come to work in close quarters. They highlighted a recent report that some workers might be hiding their symptoms out of fear of retaliations, because of pressure to return to work. The senators also noted that there appears to be no uniform guidance for federal agencies to handle and report positive COVID-19 cases among their workforce.

“In the face of this pandemic, your agencies should take aggressive and ongoing measures, as recommended by public health experts, to protect federal workers and prevent the deadly spread of COVID-19,” the senators continued. “Additionally, this crisis has demonstrated the clear ability of a great many federal workers to work remotely via telework and has therefore renewed questions regarding why this Administration has restricted effective, efficient, and—as this moment demonstrates—beneficial telework for federal workers.”

The senators raised concerns that the recently-issued OMB and OPM guidance may be taken as a signal that there is no need to make telework more widely available because further direction to reopen the government may be forthcoming. 

To address their concerns, the senators asked that OPM and OMB answer a series of questions about ensuring that agencies maximize telework, procedures among agencies for reporting and handling COVID-19 cases, how they are determining when to roll back telework guidance, and more. They requested answers to their questions by May 8, 2020.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sens. Amy Klobuchar (D-MN) and Richard Durbin (D-IL) and Representatives Marcia Fudge (D-OH) and Anna Eshoo (D-CA), along with 139 House and Senate colleagues in urging Federal Communications Commission (FCC) Chairman Ajit Pai to work directly with the U.S. Department of Agriculture (USDA) and U.S. Department of Health and Human Services (HHS) to ensure that the millions of Americans who are now eligible for the Supplemental Nutritional Assistance Program (SNAP) or Medicaid due to job loss or reduction in income are informed that they are also eligible for the FCC’s Lifeline program. The Lifeline program is the primary federal program charged with helping low-income families obtain broadband and telephone services.

“Non-essential businesses and schools have closed across the country to limit the spread of the coronavirus, leaving families to rely on the internet now more than ever to access public benefits, search for employment, learn from home, or access telehealth services. The need is greatest among low-income households forced to stretch limited resources to try to keep up with monthly expenses and put food on the table during the public health crisis.  For these vulnerable populations, the FCC’s Lifeline program can help struggling families afford basic internet and telephone connectivity at a time when they need it most – but only if they know about it,” the lawmakers wrote. 

“While we understand that the FCC has traditionally issued guidelines for states and telecommunications providers to advertise the Lifeline program, given the critical role of internet connectivity during the coronavirus pandemic, we urge the FCC to coordinate directly with USDA and HHS as well as states and stakeholders to help ensure people in need are informed about their eligibility for the Lifeline program.”

The letter is supported by Public Knowledge, the National Consumers Law Center, United Church of Christ, OC Inc., and Third Way. 

“The COVID-19 pandemic has shown us that connectivity is more important than ever. I’ve called for the FCC to coordinate with agencies that administer services that determine eligibility for the Lifeline program to ensure low-income communities learn about the critical Lifeline program. Americans cannot afford for the government to work in silos, and I’m thankful for the leadership of Senator Klobuchar, Senator Durbin, Congresswoman Fudge, and Congresswoman Eshoo to make sure more Americans know about this essential program in our social safety net,” FCC Commissioner Geoffrey Starks said. 

“The Lifeline program provides critical connectivity for those who need it most. Informing consumers about their Lifeline eligibility is a necessary step to help close the digital divide and is clearly something we should continue doing even after the pandemic ends. We are grateful for the leadership of Senators Klobuchar and Durbin and Representatives Fudge and Eshoo on this issue,” said Chris Lewis, President and CEO, Public Knowledge.

In addition to Warner, Klobuchar, and Durbin, the letter was signed by Senators Chuck Schumer (D-NY), Doug Jones (D-AL), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Bernie Sanders (I-VT), Tammy Duckworth (D-IL), Ed Markey (D-MA), Bob Menendez (D-NJ), Jacky Rosen (D-NV), Maggie Hassan (D-NH), Ben Cardin (D-MD), Brian Schatz (D-HI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH),  Ron Wyden (D-OR), Tammy Baldwin (D-WI), Tina Smith (D-MN), Kamala Harris (D-CA), Chris Van Hollen (D-MD), Jeff Merkley (D-OR), Cory Booker (D-NJ), Tim Kaine (D-VA), Jack Reed (D-RI), Bob Casey (D-PA), Patrick Leahy (D-VT), Chris Coons (D-DE), Dianne Feinstein (D-CA), Catherine Cortez Masto (D-NV), Jeanne Shaheen (D-NH), Kyrsten Sinema (D-AZ), Elizabeth Warren (D-MA), Tom Carper (D-DE), Tom Udall (D-NM), Martin Heinrich (D-NM), Sheldon Whitehouse (D-RI), and Patty Murray (D-WA).

In addition to Fudge and Eshoo, the letter was signed by Representatives Alma Adams (D-NC), Cindy Axne (D-IA),Nanette Barragán (D-CA), Joyce Beatty (D-OH), Sanford Bishop (D-GA), Lisa Blunt Rochester (D-DE), Suzanne Bonamici (D-OR), Cheri Bustos (D-IL), G.K. Butterfield (D-NC), André Carson (D-IN), Ed Case (D-HI), Kathy Castor (D-FL), Joaquin Castro (D-TX), David Cicilline (D-RI), Katherine Clark (D-MA), Yvette Clarke (D-NY), Emanuel Cleaver (D-MO), Steve Cohen (D-TN), Anthony Brown (D-MD), TJ Cox (D-CA), Henry Cuellar (D-TX), Danny K. Davis (D-IL), Peter DeFazio (D-OR), Diana DeGette (D-CO), Ted Deutch (D-FL), Eliot Engel (D-NY), Adriano Espaillat (D-NY), Dwight Evans (D-PA), Bill Foster (D-IL), Jesús “Chuy” García (D-IL), Vicente Gonzalez (D-TX), Al Green (D-TX), Raúl Grijalva (D-AZ), Deb Haaland (D-NM), Alcee Hastings (D-FL), Jahana Hayes (D-CT), Brian Higgins (D-NY), Steven Horsford (D-NV), Jared Huffman (D-CA), Sheila Jackson Lee (D-TX), Hakeem Jeffries (D-NY), Eddie Bernice Johnson (D-TX), Hank Johnson (D-GA), Marcy Kaptur (D-OH), Robin Kelly (D-IL), Joe Kennedy (D-MA), Daniel Kildee (D-MI), Ann McLane Kuster (D-NH), Brenda Lawrence (D-MI), Barbara Lee (D-CA), Susie Lee (D-NV), John Lewis (D-GA), Zoe Lofgren (D-CA), Alan Lowenthal (D-CA), Ben Ray Luján (D-NM), Stephen Lynch (D-MA), Doris Matsui (D-CA), Betty McCollum (D-MN), Donald McEachin (D-VA), Jim McGovern (D-MA), Jerry McNerney (D-CA), Gregory Meeks (D-NY), Gwen Moore (D-WI), Joe Morelle (D-NY), Seth Moulton (D-MA), Grace Napolitano (D-CA), Joe Neguse (D-CO), Eleanor Holmes Norton (D-DC), Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), Chris Pappas (D-NH), Donald Payne (D-NJ), Chellie Pingree (D-ME), Stacey Plaskett (D-VI), Mark Pocan (D-WI), Ayanna Pressley (D-MA), David Price (D-NC), Mike Quigley (D-IL), Jamie Raskin (D-MD), Cedric Richmond (D-LA), Bobby Rush (D-IL), Tim Ryan (D-OH), Gregorio Kilili Camacho Sablan (D-MP), Linda Sánchez (D-CA), Jan Schakowsky (D-IL), Kim Schrier (D-WA), David Scott (D-GA), Bobby Scott (D-VA), José Serrano (D-NY), Terri Sewell (D-AL), Darren Soto (D-FL), Abigail Spanberger (D-VA), Jackie Speier (D-CA), Tom Suozzi (D-NY), Bennie Thompson (D-MS), Rashida Tlaib (D-MI), David Trone (D-MD), Marc Veasey (D-TX), Bonnie Watson Coleman (D-NJ), Peter Welch (D-VT), Frederica Wilson (D-FL), and John Yarmuth (D-KY).

Full text of the letter can be found HERE and below:

Dear Chairman Pai: 

We write to urge the Federal Communications Commission (FCC) to work directly with the U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) to help ensure the millions of people in the U.S. who are newly eligible for the Supplemental Nutritional Assistance Program (SNAP) or Medicaid, due to job loss or reductions in income, are informed of their eligibility for the FCC’s Lifeline program. The Lifeline program is the primary federal program charged with providing financial assistance to help low-income families obtain broadband and telephone services. 

The ongoing pandemic has led to financial hardships for millions of Americans. At least 26 million Americans filed for unemployment benefits in the past month alone, and states are seeing a surge in applications for SNAP benefits. Medicaid enrollment is also expected to increase significantly as a result of these unprecedented job losses and health coverage. Non-essential businesses and schools have closed across the country to limit the spread of the coronavirus, leaving families to rely on the internet now more than ever to access public benefits, search for employment, learn from home, or access telehealth services. The need is greatest among low-income households forced to stretch limited resources to try to keep up with monthly expenses and put food on the table during the public health crisis. For these vulnerable populations, the FCC’s Lifeline program can help struggling families afford basic internet and telephone connectivity at a time when they need it most – but only if they know about it.

Congress recently passed legislation to provide states additional funding and flexibility to streamline access to SNAP for people adversely effected by the economic impact of the coronavirus. Many of the at least 26 million Americans who have lost their jobs through no fault of their own in the last five weeks may also soon turn to the food assistance programs to feed their families and enroll in Medicaid to access necessary health care. This will likely lead to a significant increase in the number of individuals eligible for the Lifeline program.  

Even before the pandemic, only 7 million out of the 38 million people who were eligible for the Lifeline program were enrolled. While we understand that the FCC has traditionally issued guidelines for states and telecommunications providers to advertise the Lifeline program, given the critical role of internet connectivity during the coronavirus pandemic, we urge the FCC to coordinate directly with USDA and HHS as well as states and stakeholders to help ensure people in need are informed about their eligibility for the Lifeline program. We also respectfully request responses to the following questions: 

  1. What is the FCC currently doing to work with the USDA and HHS to help ensure that people in the U.S. who are newly eligible for the Lifeline program are aware that they can receive subsidized communications services? 
  2. What data has the FCC collected on the number of people in the U.S. who are newly eligible for the Lifeline program since the onset of the coronavirus pandemic and how many of those newly eligible have enrolled in the program? 
  3. Please detail the additional resources and authorities the FCC needs to ensure qualifying people in the U.S. know that they are eligible for the Lifeline program. 

Thank you for prompt attention to this matter. We look forward to your response. 

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Tom Udall (D-N.M.) and a group of 24 Democratic senators in calling for the Department of Homeland Security (DHS) Inspector General (IG) to conduct a full assessment, including site inspections, of Immigration and Customs Enforcement (ICE) detention facilities nationwide to evaluate whether the facilities’ operations, management, standards, and conditions have adapted to address the threat of COVID-19 to both the staff and detainees. 

Joining Sens. Warner and Udall on the letter to the DHS IG were U.S. Senators Chuck Schumer (D-N.Y.), Richard Blumenthal (D-Conn.), Tim Kaine (D-Va.), Mazie Hirono (D-Hawaii), Kyrsten Sinema (D-Ariz.), Sherrod Brown (D-Ohio), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), Jeff Merkley (D-Ore.), Tammy Baldwin (D-Wisc.), Dick Durbin (D-Il.), Bob Menendez (D-N.J.), Ben Cardin (D-Md.), Amy Klobuchar (D-Minn.), Kamala Harris (D-Calif.), Catherine Cortez Masto (D-Nev.), Patrick Leahy (D-Vt.), Patty Murray (D-Wash.), Ron Wyden (D-Ore.), Jacky Rosen (D-Nev.), Dianne Feinstein (D-Calif.), Martin Heinrich (D-N.M.), and Kirsten Gillibrand (D-N.Y.).

The letter to U.S. Department of Homeland Security Inspector General Joseph Cuffari cites reports from across the country that staff at ICE’s detention facilities with confirmed cases of COVID-19 are working without masks or gloves, detainees are not provided adequate access to hygiene products like soap and sanitizer, and facilities are doing little to accommodate social distancing practices. 

“As the numbers of detainees and detention facility staff infected with COVID-19 continue to climb, we share the unease that public health experts have expressed about the spread of the coronavirus pandemic in congregate settings, like detention facilities,” wrote the senators. “Not only are detainees at higher risk because they are in such close proximity to others, people in detention and incarceration are more likely to have other preexisting health conditions, which places them at even higher risk for mortality from the virus. Further, outbreaks inside congregate settings often affect employees who then can spread the disease into their broader communities.” 

In the letter, the senators request that “In order to mitigate the spread of this virus in its congregate settings, we request that, similar to the Justice Department Inspector General’s remote inspections of BOP facilities, you expeditiously conduct site inspections of ICE facilities that have identified positive cases among staff or detainees, and at facilities in geographic areas that have emerged as hot spots. Second, we ask that you immediately examine and assess the sufficiency of policies and practices in place at each facility to mitigate the spread of COVID-19.”

The full text of the letter can be found here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) was joined by Senate Democratic Leader Chuck Schumer (D-NY), Sen. Sherrod Brown (D-OH), Ranking Member of the Banking Committee, and fellow Committee members Sens. Jack Reed (D-RI), Bob Menendez (D-NJ), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), and Doug Jones (D-AL) in pushing Treasury Secretary Steven Mnuchin and Federal Reserve Chairman Jerome Powell to make sure that minority and low- and moderate-income (LMI) communities get proper access to the critical assistance made available under the CARES Act and the recently enacted Paycheck Protection Program and Health Care Enhancement Act (PPP Enhancement Act).

“As you know, the public health and economic effects of the COVID-19 outbreak have been particularly disproportionate and severe for LMI and minority communities. Congress took important first steps to help address the acute impact being felt in these communities by passing the PPP Enhancement Act. This legislation includes important set-asides for community and mission oriented lenders,” the Senators wrote in a letter today, urging Mnuchin and Powell to take several steps to make funds available to minority depository institutions (MDIs) and mission-oriented leaders like community development financial institutions (CDFIs).

“MDIs and CDFIs are effective gateways to serving LMI communities and minority households and communities with high concentrations of minority populations. Data indicates that MDIs tend to serve communities in which a higher share of the population lives in LMI census tracts and a higher share of residents are minorities, compared with non-MDI banks,” the Senators noted. “In addition, MDIs tend to originate a greater share of their mortgages for properties in LMI census tracts and to minority borrowers when compared with non-MDI community banks. Compared with non-MDIs, MDIs also originate a greater share of SBA 7(a) loans to borrowers in LMI census tracts and to borrowers in census tracts with higher shares of minority residents. Similarly, CDFIs have demonstrated a strong track record of success in reaching LMI and minority communities. Getting critical dollars into these communities quickly can mean all the difference for these hard-hit communities.”

The full text of today’s letter is available below, and a copy of the letter is available here.

 

April 27, 2020

The Honorable Jerome H. Powell

Chairman

Board of Governors of the Federal Reserve System

20th Street and Constitution Avenue NW

Washington, D.C. 20551 

The Honorable Steven Mnuchin

Secretary of the Treasury

U.S. Department of the Treasury

1500 Pennsylvania Avenue NW

Washington, D.C. 20220

Dear Chairman Powell and Secretary Mnuchin:

Thank you for your ongoing work to help stabilize the U.S. economy and provide assistance to businesses and workers during the unprecedented health emergency caused by the onset of the novel coronavirus (COVID-19).  We appreciate your continued efforts to implement the various economic support programs Congress enacted as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.  As the Federal Reserve and Treasury move forward with these efforts, we believe it is critical to ensure that minority and low- and moderate-income (LMI) communities get proper access to the critical assistance made available under the CARES Act and the recently enacted Paycheck Protection Program and Health Care Enhancement Act (PPP Enhancement Act).

As you know, the public health and economic effects of the COVID-19 outbreak have been particularly disproportionate and severe for LMI and minority communities.  Congress took important first steps to help address the acute impact being felt in these communities by passing the PPP Enhancement Act.  This legislation includes important set-asides for community and mission oriented lenders.  In order to help better achieve the goals of the PPP Enhancement Act and increase the flow of credit directly into minority and LMI communities, we urge you to take the following steps:

(1)         allocate a significant portion of the $30 billion in new funds made available under the PPP Enhancement Act for minority depository institutions (MDIs) and mission-oriented lenders like community development financial institutions (CDFIs); 

(2)         provide these institutions with direct access to the Federal Reserve’s Paycheck Protection Program Lending (PPPL) Facility;

(3)         to the extent practicable, modify the settlement timeline for the PPPL Facility from T+1 to T+0 (or same day settlement) to ensure adequate liquidity for these institutions; and

(4)         indemnify these institutions from any put-backs or invalidation of guarantee from the SBA absent lender fraud.

In addition, we strongly urge you to work through the regional Federal Reserve Banks in order to conduct advance outreach to these institutions with the goal of facilitating uptake of the PPPL Facility.  This includes providing the training and tools necessary to quickly access and utilize these important programs. 

MDIs and CDFIs are effective gateways to serving LMI communities and minority households and communities with high concentrations of minority populations.  Data indicates that MDIs tend to serve communities in which a higher share of the population lives in LMI census tracts and a higher share of residents are minorities, compared with non-MDI banks.  In addition, MDIs tend to originate a greater share of their mortgages for properties in LMI census tracts and to minority borrowers when compared with non-MDI community banks.  Compared with non-MDIs, MDIs also originate a greater share of SBA 7(a) loans to borrowers in LMI census tracts and to borrowers in census tracts with higher shares of minority residents.   Similarly, CDFIs have demonstrated a strong track record of success in reaching LMI and minority communities. 

Getting critical dollars into these communities quickly can mean all the difference for these hard-hit communities.  We appreciate your continued efforts to help sustain the American economy during these challenging times and look forward to working together to help minority and LMI communities during the COVID-19 pandemic. 

Thank you for your consideration.   

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WASHINGTON, DC – Today, Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sen. Jack Reed (D-RI) and fellow Senate Democrats in responding to the Trump Administration’s needless bureaucratic restrictions on how Governors can distribute Coronavirus Relief Funds to their states. In a letter to Treasury Secretary Steven Mnuchin, the Senators called on the Secretary to revise initial guidelines so that they can provide essential public services amidst the COVID-19 global pandemic, as the law intends.

Congress unanimously passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law No. 116-136), including a $150 billion Coronavirus Relief Fund for states, to help provide a measure of certainty and economic stability to all fifty states. But one month later, President Trump has reignited feuds with governors and is now trying to impose overly restrictive regulations that were not part of the bipartisan CARES Act. This could cripple each state’s ability to respond and recover. 

The Coronavirus Relief Funds may be utilized by states and local governments to help with urgent needs and cope with the public health and economic impact of the novel coronavirus (COVID-19).  Under the law, states may use the federal funding for costs related to the COVID-19 public health emergency incurred between March 1 and December 30, 2020.  This federal funding is provided to relieve pressure on state budgets and meant to ensure they can maintain public services.

But when U.S. Treasury issued its initial Coronavirus Relief Fund guidance for State, Territorial, Local, and Tribal Governments, it included limiting language not found in the law.

Now, forty-six United States Senators are calling on the Trump Administration to reverse course and revise the overly restrictive guidance.  In their letter to Secretary Mnuchin, the Senators urged the Trump Administration: “to follow the law as written instead of creating more bureaucratic red tape in the middle of a public health emergency and ensuing economic crisis.  Of all the regulations that this Administration seeks to cut, it should start with this one.”

State and local governments are being pushed to the financial brink by skyrocketing costs and plunging revenue, and they need stability in order to have a chance at recovery.  Senate Democrats resoundingly reject Senate Republican Majority Leader McConnell’s (R-KY) suggestion that states go into bankruptcy as a preferable alternative to additional flexible federal assistance.  The Democratic Senators say this pandemic is a truly national emergency that requires a bipartisan national response and strong support from the federal government.

The Democratic Senators note that the new limits the Trump Administration is seeking to impose on states is counterproductive and creates needless obstacles:  “In the midst of an economic collapse, the intent of the entire CARES Act is to provide flexible help to a wide range of Americans.  To prevent the flexible use of these relief funds is a choice that is neither required nor intended by law,” the Senators wrote.

The Senators also write “that the Treasury Department should publicly confirm that states, Tribes and localities may use these funds to maintain their essential services as the CARES Act clearly permits.” 

If the Trump Administration insists on imposing its overly restrictive interpretation of the law, it could severely limit states’ abilities to respond and recover, forcing states and communities to cut public services, and lead to layoffs of public employees on the front lines of COVID-19 response.

In addition to Sens. Warner, Kaine, and Reed, the letter was signed by Senators Baldwin (D-WI), Bennet (D-CO), Blumenthal (D-CT), Booker (D-NJ), Brown (D-OH), Cardin (D-MD), Carper (D-DE), Casey (D-PA), Coons (D-DE), Cortez Masto (D-NV), Duckworth (D-IL), Durbin (D-IL), Feinstein (D-CA), Gillibrand (D-NY), Harris (D-CA), Hassan (D-NH), Heinrich (D-NM), Hirono (D-HI), Jones (D-AL), King (I-ME), Klobuchar (D-MN), Leahy (D-VT), Manchin (D-WV), Markey (D-MA), Menendez (D-NJ), Merkley (D-OR), Murphy (D-CT), Murray (D-WA), Peters (D-MI), Rosen (D-NV), Sanders (I-VT), Schatz (D-HI), Schumer (D-NY), Shaheen (D-NH), Sinema (D-AZ), Smith (D-MN), Stabenow (D-MI), Tester (D-MT), Udall (D-NM), Van Hollen (D-MD), Warren (D-MA), Whitehouse (D-RI), and Wyden (D-OR).

 

Full text of the letter follows:

 

April 26, 2020

 

The Honorable Steven T. Mnuchin

Secretary

Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

 

Dear Secretary Mnuchin:

We write regarding the Treasury Department’s Coronavirus Relief Fund Guidance to urge you to promptly revise your interpretation so states, Tribal, and local governments can use these funds to prevent further economic damage. 

While the term “lost revenue” does not appear specifically in Title V of the Coronavirus Aid, Relief and Economic Security (CARES) Act, a plain text reading of the law leads to the logical conclusion that lost or delayed revenues are a direct cost created by the coronavirus that were never accounted for in any budget.  Therefore, we believe it is fully within your authority and the intent of the CARES Act that these funds may be used to replace lost or delayed tax revenues and maintain public services.  In the midst of an economic collapse, the intent of the entire CARES Act is to provide flexible help to a wide range of Americans.  To prevent the flexible use of these relief funds is a choice that is neither required nor intended by law. 

We are not alone in this view.  Governors and Senators from both sides of the aisle have set aside ideology and urged you to follow the law as written instead of creating more bureaucratic red tape in the middle of a public health emergency and ensuing economic crisis. Of all the regulations that this Administration seeks to cut, it should start with this one.

We all have a common interest in preserving as much of our economy as possible so that we are well positioned for a robust recovery.  A critical component of our economy is our state, Tribal, and local governments as they not only serve as customers for our local businesses, but also provide the essential services, such as effective law enforcement, public infrastructure, a strong education system, and other necessary conditions that provide the business certainty that make our country attractive to businesses and investors throughout the world.  We should preserve and maintain this critical comparative advantage.  

To avoid distracting states, Tribes, and localities from meeting the crisis at hand, the Treasury Department should publicly confirm that states, Tribes and localities may use these funds to maintain their essential services as the CARES Act clearly permits. 

We thank you for your consideration and urge you to act promptly.

 

Sincerely,

 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $14,857,347 in federal funding to strengthen the Commonwealth’s response to the novel coronavirus (COVID-19) outbreak. The funding, awarded through the Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases (ELC) cooperative agreement, was made possible by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was supported by Sens. Warner and Kaine. 

“We are glad to know that the Virginia Department of Health will be able to count on this federal funding to help assess the effects of COVID-19 in the Commonwealth and strengthen the fight against this virus,” said the Senators. 

Specifically, the funding may be used by the Virginia Department of Health to establish or enhance the ability to aggressively identify cases, conduct contact tracing and follow up, as well as implement appropriate containment measures. It can also be used to improve morbidity and mortality surveillance, enhance testing capacity, control COVID-19 in high-risk settings and protect vulnerable or high-risk populations, as well as help healthcare systems manage and monitor system capacity.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged Senate leaders to ensure that nonprofit organizations like regional chambers of commerce, state restaurant associations, and groups representing law enforcement are able to receive the financial relief they need during the novel coronavirus (COVID-19) crisis. In a letter, the Senators asked Senate leaders and leaders on the Committee on Small Business and Entrepreneurship to expand eligibility for the Paycheck Protection Program (PPP), which currently excludes worthy non-profits that are listed under section 501(c)(6) of the Internal Revenue Code.

“We’ve heard from many 501(c)(6)s that have been impacted by COVID-19 and are concerned that they will be unable to carry out their missions,” wrote the Senators. “Many 501(c)(6)s are struggling because of significant declines or uncertainty in their membership dues resulting from COVID-19, and many have had to cancel major events that they rely on for funding. 

They continued, “Throughout this pandemic, Congress has recognized that a whole of society effort is needed to combat COVID-19 and to mitigate its devastating economic impacts. Local chambers, for example, have been valuable partners in helping small business owners get up-to-date information about the assistance programs passed under the CARES Act. Law enforcement associations here in Virginia have provided vital information and training for their members related to COVID-19 as they keep our fellow citizens safe. Education associations have supported teachers and school leaders with webinars and other professional development resources as they abruptly transitioned to serving students through remote instruction.”

Virginia’s significant number of 501(c)(6) organizations include regional chambers of commerce, tourism and hospitality associations, medical associations, certified public accountant societies, state legal societies, state restaurant associations, groups representing law enforcement, among many others. According to some estimates, the Commonwealth has the third highest number of 501(c)(6) employees across the nation.

In their letter, the Senators also highlighted the essential role that many of these organizations are fulfilling during this challenging crisis. Specifically, the Senators requested that this PPP expansion be eligible for 501(c)(6) organizations that do not engage in substantial federal campaign or lobbying activities and can demonstrate economic hardship.

Text of the letter is available here or below.

 

Dear Majority Leader McConnell, Minority Leader Schumer, Chairman Rubio, and Ranking Member Cardin:

With your leadership, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) to create the Paycheck Protection Program (PPP), a powerful program to support small businesses and some non-profits as they deal with the impacts of the COVID-19 pandemic. However, we have concerns that PPP’s eligibility criteria have shut out some worthy non-profits that are listed under section 501(c)(6) of the Internal Revenue Code. 

We’ve heard from many 501(c)(6)s that have been impacted by COVID-19 and are concerned that they will be unable to carry out their missions. Many 501(c)(6)s are struggling because of significant declines or uncertainty in their membership dues resulting from COVID-19, and many have had to cancel major events that they rely on for funding. We’re hopeful that as you consider modifications to the PPP, you will expand the program to include 501(c)(6) non-profits that do not engage in substantial federal campaign or lobbying activities and can demonstrate economic hardship. 

501(c)(6) organizations include regional chambers of commerce, tourism and hospitality associations, medical associations, certified public accountant societies, state legal societies, state restaurant associations, groups representing law enforcement, among many others. Many of these 501(c)(6) organizations are filling an essential role on the front lines of our nation’s COVID-19 response, providing their members with services and guidance necessary to help them through this challenging time. 

The Commonwealth of Virginia has a significant number of 501(c)(6) organizations and Virginians employed by them. According to some estimates, Virginia has the third most 501(c)(6) employees in the country. We’re proud of the work these Virginians do to support their communities and local businesses and do not believe they should be excluded from the PPP, which might be the deciding factor in whether their organization can keep its doors open. 

Throughout this pandemic, Congress has recognized that a whole of society effort is needed to combat COVID-19 and to mitigate its devastating economic impacts. Local chambers, for example, have been valuable partners in helping small business owners get up-to-date information about the assistance programs passed under the CARES Act. Law enforcement associations here in Virginia have provided vital information and training for their members related to COVID-19 as they keep our fellow citizens safe. Education associations have supported teachers and school leaders with webinars and other professional development resources as they abruptly transitioned to serving students through remote instruction.

Thank you for taking this important consideration into account as you work to help our economy and communities cope with the economic impacts of COVID-19. We look forward to continuing our work together as we pursue bipartisan approaches to managing and overcoming this crisis. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $200,000 in federal funding to support a project by the Molecular Sciences Software Institute (MolSSI) at Virginia Tech that seeks to help the global computational molecular sciences community quickly provide their scientific data and expertise to address the COVID-19 crisis. The funding, awarded through the National Science Foundation (NSF), was made possible by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was supported by Sens. Warner and Kaine. 

“Virginia Tech has been a longstanding leader in the fields of research and innovation. That’s why we are glad to announce this federal funding, which will support the scientific community in addressing the COVID-19 outbreak that has devastated our nation,” said the Senators.

The project, titled ‘RAPID: MolSSI COVID-19 Biomolecular Simulation Data and Algorithm Consortium,’ will help speed up the identification and development of leads for antiviral drugs by allowing the biomolecular simulation community to share and utilize key data and resources to help analyze structural effects of genetic variation in the SARS-CoV-2 virus, and inhibitors that can disrupt protein-protein interactions to viral entry into cells and adherence to surfaces that cause disease spread.

Specifically, the funding will help support a centralized repository for simulation-related data targeting the virus, host proteins, and potential pharmaceuticals. The federal dollars will also help fund a select set of MolSSI Software Seed Fellowships for Ph.D. students and postdoctoral researchers targeting COVID-19-related software tools that operate on the data developed in the repository. 

More information about the project is available here.

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WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined Sens. Maggie Hassan (D-NH), Sherrod Brown (D-OH), Michael Bennet (D-CO), Cory Booker (D-NJ) and 34 of their Senate colleagues calling on the U.S. Treasury Department to ensure that families who are not normally required to file taxes – and who will automatically receive their COVID-19 stimulus payment – do not need to wait until next year to receive the additional $500 payment per dependent child that they were promised if they miss the deadline to fill out information in the Internal Revenue Service’s (IRS) non-filer portal. 

“We write to express our concern that without additional action from your agencies, many families who receive Social Security benefits and have young children may not receive the full cash assistance that Congress provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act until 2021,” wrote the Senators. “We urge your agencies to ensure that economically vulnerable non-filers receiving Social Security retirement, Social Security disability, Supplemental Security Income (SSI), and Veterans Affairs (VA) benefits receive stimulus payments for themselves and their dependent children as quickly as possible – before next year.”

The letter comes after Treasury announced on Monday that families on Social Security, who do not normally file tax returns, needed to enter additional information on the IRS website within 48 hours in order to receive thier $500 payment per dependent child, as outlined in the CARES Act. Treasury stated that if families missed the deadline, they would not receive the additional payment until they file in 2021. The Treasury’s announcement also indicated that it would soon set a similar deadline for recipients of Supplemental Security Income and certain Department of Veterans Affairs benefits whose beneficiaries also do not usually file taxes.

They continued, “We request that Treasury find another way forward that – without delaying any automatic $1,200 payments – ensures that these Social Security beneficiaries and their children quickly receive the full amount of cash assistance for which they are eligible. We urge your agencies to continue providing access to the Non-Filers tool after non-filers have received their initial automatic stimulus payments, so that these economically vulnerable individuals can request and receive additional payments for dependent children prior to 2021.”

Throughout this crisis, Sens. Warner and Kaine have fought to make sure that families get the assistance they need as quickly and easily as possible. Earlier this month, the Senators successfully pushed Treasury to walk back a decision that would have forced file tax returns in order to receive direct cash payments – a move by Treasury that would have directly contradicted Congressional intent in drafting the CARES Act. Earlier today, Sen. Warner also joined a group of Senators in pushing the Treasury Department to increase its efforts to make Economic Impact Payments available to Americans who are the most vulnerable, including those without access to the internet who cannot file a tax return electronically.

In addition to Senators Warner, Kaine, Hassan, Brown, Bennet, and Booker, the letter was signed by Senators Charles E. Schumer (D-NY), Ron Wyden (D-OR), Debbie Stabenow (D-MI), Maria Cantwell (D-WA), Robert Menendez (D-NJ), Thomas R. Carper (D-DE), Ben Cardin (D-MD), Robert P. Casey, Jr. (D-PA), Sheldon Whitehouse (D-RI), Catherine Cortez Masto (D-NV), Richard J. Durbin (D-IL), Patty Murray (D-WA), Jeanne Shaheen (D-NH), Edward J. Markey (D-MA), Doug Jones (D-AL), Richard Blumenthal (D-CT), Tom Udall (D-NM), Martin Heinrich (D-NM), Kamala D. Harris (D-CA), Jack Reed (D-RI), Mazie K. Hirono (D-HI), Kirsten Gillibrand (D-NY), Bernard Sanders (I-VT), Chris Van Hollen (D-MD), Amy Klobuchar (D-MN), Angus S. King, Jr. (I-ME), Gary C. Peters (D-MI), Tina Smith (D-MN), Kyrsten Sinema (D-AZ), Dianne Feinstein (D-CA), Christopher S. Murphy (D-CT), Jacky Rosen (D-NV), Elizabeth Warren (D-MA), and Tammy Baldwin (D-WI).

Text of the letter is available here or below:

 

Dear Secretary Mnuchin and Commissioner Saul: 

We write to express our concern that without additional action from your agencies, many families who receive Social Security benefits and have young children may not receive the full cash assistance that Congress provided in the Coronavirus Aid, Relief, and Economic Security (CARES) Act until 2021. Based on Internal Revenue Service (IRS) guidance from Monday afternoon, it appears that many Social Security beneficiaries will need to have submitted information about their dependents by yesterday at noon in order to receive their $500 additional stimulus payment per child before next year. Many eligible families will not have been able to meet this short, 48-hour deadline. We urge your agencies to ensure that economically vulnerable non-filers receiving Social Security retirement, Social Security disability, Supplemental Security Income (SSI), and Veterans Affairs (VA) benefits receive stimulus payments for themselves and their dependent children as quickly as possible – before next year.

The bipartisan CARES Act recently signed by the President provides direct cash assistance to individuals amidst the COVID-19 public health and economic crisis. The Act provides $1,200 per eligible adult and an additional $500 in cash assistance per dependent child. Three weeks ago, Treasury indicated that Social Security recipients who do not typically file taxes would have to file this year in order to receive these cash payments. The Treasury then reversed course two days later, after we urged the Department to do so, with Secretary Mnuchin saying that “Social Security recipients who are not typically required to file a tax return do not need to take an action,” and would receive direct deposits to their bank accounts.

However, on Monday, April 20, the Treasury announced that many Social Security beneficiaries would need to fill out a simplified tax form within 48 hours in order to receive their families’ full stimulus payments this year. The special alert published by the IRS indicated that Social Security beneficiaries who will automatically receive stimulus payments because they do not typically file tax returns would be required to submit information through the IRS Non-Filers online tool in order to claim $500 payments for their dependent children. According to the IRS, Social Security beneficiaries who failed to claim these dependent payments by noon yesterday, April 22, will no longer be able to use the Non-Filers tool to claim payments for their dependents. The IRS also indicated that recipients of SSI and certain VA benefits who do not usually file taxes will face a similar deadline soon. Any of these non-filers who miss these deadlines to claim their dependents will not be able to receive any payments for dependent children until filing a 2020 tax return in 2021. Estimates indicate this could impact the families of about 1 million child dependents.

We request that Treasury find another way forward that – without delaying any automatic $1,200 payments – ensures that these Social Security beneficiaries and their children quickly receive the full amount of cash assistance for which they are eligible. We urge your agencies to continue providing access to the Non-Filers tool after non-filers have received their initial automatic stimulus payments, so that these economically vulnerable individuals can request and receive additional payments for dependent children prior to 2021. We do not believe that the IRS needs to delay – nor would we support delaying – any automatic $1,200 payments to non-filers in order to achieve this goal.

We greatly appreciate your agencies’ efforts to automatically provide stimulus payments to Social Security retirement, Social Security disability, SSI, and VA beneficiaries who do not file tax returns. We also appreciate Treasury’s efforts to assist non-filers with claiming stimulus payments through the Non-Filers tool. Without these efforts, many non-filers would have missed out on their stimulus payments altogether because they were unable to file a tax return or were unaware they needed to. To continue assisting struggling families during the COVID-19 crisis, we strongly urge your agencies to ensure that non-filers receive their stimulus payments – including additional payments for dependent children – as quickly as possible.

Sincerely,

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WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded $1,854,974 in federal funding through the U.S. Department of Health and Human Services (HHS) to assist the Virginia Department of Health (VDH) in supporting rural hospitals across the Commonwealth as they combat the COVID-19 crisis. The federal funding was made possible through the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which allocated $150 million to assist hospitals funded through the Small Rural Hospital Improvement Program (SHIP) respond to this public health emergency. 

“Hospitals everywhere are being squeezed during this pandemic, but those in rural areas face an additional set of challenges as they strive to make the most of limited resources to treat patients and fight this crisis,” said the Senators. “We are very pleased to see this funding go towards helping rural hospitals in Virginia keep their doors open to the community and respond to the COVID-19 pandemic.” 

Per the CARES Act, this flexible funding can be used to expand testing and laboratory services as well as to purchase of personal protective equipment to minimize COVID-19 exposure. 

The funding was awarded through the Small Rural Hospital Improvement Program (SHIP) which helps states support rural hospitals with 49 beds or fewer. SHIP allows small rural hospitals to become or join accountable care organizations (ACOs), participate in shared savings programs, and purchase health information technology (hardware and software), equipment, and/or training to comply with quality improvement activities such as advancing patient care information, promoting interoperability, and payment bundling.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Dick Durbin (D-IL) and 22 of his Senate colleagues in urging the Department of Treasury to increase its efforts to make Economic Impact Payments available to the most vulnerable populations—including those without access to the internet who cannot file a tax return electronically.  In a letter to Treasury Secretary Steven Mnuchin, Durbin and the Senators highlighted that at least 21 million Americans are without high-speed internet access and they face a significant barrier in their ability to file a simple tax return online if they are not eligible to receive an automatic payment.  

“We request that you leverage the resources and information at your disposal or partner with the necessary federal agencies to get this relief into the hands of those who need it the most, including Americans who do not have internet access.  Time is of the essence and we hope that you will act quickly and decisively in addressing our concerns,” the Senators wrote. 

Joining Sens. Warner and Durbin on the letter included Sens. Chris Van Hollen (D-MD), Doug Jones (D-AL), Michael Bennet (D-CO), Cory Booker (D-NJ), Ron Wyden (D-OR), Bob Casey (D-PA), Tammy Duckworth (D-IL), Catherine Cortez Masto (D-NV), Angus King (I-ME), Edward J. Markey (D-MA), Mazie Hirono (D-HI), Kirsten Gillibrand (D-NY), Chuck Schumer (D-NY), Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), Dianne Feinstein (D-CA), Bernie Sanders (I-VT), Elizabeth Warren (D-MA), Tom Carper (D-DE), Amy Klobuchar (D-MN), and Jack Reed (D-RI).  

Full text of the letter is available here and below:

April 22, 2020
 
Dear Secretary Mnuchin:
We write today urging the Department of Treasury (Treasury) to redouble its efforts to make Economic Impact Payments available to the most vulnerable populations—including those without access to the internet who cannot file a tax return electronically.  We appreciate your decision to ensure that Social Security retirement and disability beneficiaries, as well as Supplemental Security Income recipients, can receive these payments automatically without filing a tax return.  These course corrections were the right move. 
The coronavirus public health emergency has come at a great cost to many Americans, but undoubtedly has had a disproportionate impact on low-income families, seniors, rural communities, and communities of color.  To bring much needed economic relief to these populations, on a bipartisan basis, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which authorized direct cash assistance to be sent to most Americans.
To the credit of both the Treasury and the Internal Revenue Service (IRS), in just a matter of a few short weeks, American taxpayers are already receiving their Economic Impact Payments in their checking accounts.  While these efforts deserve recognition, the CARES Act also requires that Treasury coordinate with other federal agencies to conduct a public awareness campaign to ensure individuals who did not file a tax return for 2018 or 2019 are aware of their eligibility for the payment.  As you conduct this public awareness campaign, we urge you to consider the unique challenges that low-income and rural Americans may face in filing a tax return online. 
The Federal Communications Commission’s 2019 annual Broadband Deployment Report found that more than 21 million Americans are without access to high-speed internet.  Due to gaps in our nation’s broadband maps, the number of Americans who lack adequate broadband coverage may be much higher.  Furthermore, a 2019 Pew Research Survey found that 50 percent of non-broadband users cite cost as a reason they do not have broadband at home.  These Americans face a significant barrier in their ability to file a simple tax return online if they are not eligible to receive an automatic payment.  Due to current social distancing guidelines, enlisting the help of a family member or friend with internet access is not a feasible option for these individuals.
Treasury must continue to focus on ensuring that those who need this assistance the most can receive their Economic Impact Payment as soon as possible.  We request that you leverage the resources and information at your disposal or partner with the necessary federal agencies to get this relief into the hands of those who need it the most, including Americans who do not have internet access.  Time is of the essence and we hope that you will act quickly and decisively in addressing our concerns.  We look forward to your response and we will continue working to address the needs of the most vulnerable.
Thank you for your consideration of this important issue.
Sincerely,

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the U.S. Department of Agriculture (USDA) urging swift approval of Virginia’s request to operate a Pandemic Electronic Benefit Transfer (P-EBT) program that would ensure that children in Virginia continue to have access to healthy and nutritious foods during this crisis. This request follows school closures triggered by the novel coronavirus (COVID-19) outbreak that have made it more difficult for eligible children to receive free meals.

“We write today in support of the Commonwealth of Virginia’s request to operate a Pandemic Electronic Benefit Transfer (P-EBT) program during the ongoing public health crisis. This program will allow households that contain children who are eligible for free or reduced-price meals to receive a supplemental food purchasing benefit to offset the cost of meals that would have been provided at school. Operation of this program will help ensure that children across the Commonwealth will continue to have access to healthy and nutritious foods during this health emergency,” wrote the senators in a letter to USDA Secretary Sonny Perdue.

The COVID-19 pandemic has forced the Commonwealth to close all K-12 schools through the end of this academic year. While this is a critical and necessary step to keep children, their families, and staff safe, these closures have eliminated food distribution that many children rely on as their primary source of nutrition during the week. Virginia’s inclusion in the P-EBT program would provide families with an allotment equal to the value of five school days’ worth of breakfast and lunch meals, according to the federal reimbursement rates specified by USDA.

“The Families First Coronavirus Response Act of 2020, the USDA provided the U.S. Department of Agriculture (USDA) with authority to expand eligibility and the level of benefits available under the Food and Nutrition Act of 2008. By providing households with free and reduced-price lunch eligible children with supplemental benefits for meals through the existing EBT program’s distribution mechanism, the bill ensures that many families will be able to meet the nutritional needs of their children during this crisis. We understand USDA is working with states and EBT vendors to implement P-EBT programs and that a handful of states have already been approved to begin operating programs,” the senators continued.

In their letter, the Senators urged the USDA to swiftly approve Virginia’s application, which was submitted earlier this week to ensure no child goes hungry during this health crisis.

 

 

Sens. Warner and Kaine have been strong advocates of expanded access to food assistance for families in the Commonwealth amid the COVID-19 outbreak. Earlier this month, they sent a letter to the USDA urging swift approval of Virginia’s request to participate in the agency’s Supplemental Nutrition Assistance Program (SNAP) Online Purchasing Pilot Program. Last month, the Senators successfully pushed USDA to waive a requirement that needlessly forced children to physically accompany their parent or guardian to a school lunch distribution site in order to receive USDA-reimbursable meals. Additionally, the Senators secured Virginia’s USDA Disaster Household Distribution Program designation, which allows food banks to distribute USDA foods directly to Virginia families in need while limiting interactions between food bank staff, volunteers, and recipients.

A copy of today’s letter can be found below.

Dear Secretary Perdue:

We write today in support of the Commonwealth of Virginia’s request to operate a Pandemic Electronic Benefit Transfer (P-EBT) program during the ongoing public health crisis. This program will allow households that contain children who are eligible for free or reduced-price meals to receive a supplemental food purchasing benefit to offset the cost of meals that would have been provided at school. Operation of this program will help ensure that children across the Commonwealth will continue to have access to healthy and nutritious foods during this health emergency.

The COVID-19 pandemic has forced school closures nationwide, including in Virginia. In the Commonwealth, all K-12 schools remain closed through the end of this academic year. While this is a critical and necessary step to keep children, their families, and staff safe, these closures have eliminated the congregate food distribution that many children rely on as their primary source of nutrition during the week. The closure of schools across Virginia has made it difficult to ensure these students are able to access healthy and nutritious meals, which are essential for their growth and development.

The Families First Coronavirus Response Act of 2020 provided the U.S. Department of Agriculture (USDA) with authority to expand eligibility and the level of benefits available under the Food and Nutrition Act of 2008. By providing households with free and reduced-price lunch eligible children with supplemental benefits for meals through the existing EBT program’s distribution mechanism, the bill ensures that many families will be able to meet the nutritional needs of their children during this crisis. We understand USDA is working with states and EBT vendors to implement P-EBT programs and that a handful of states have already been approved to begin operating programs.

To ensure no child in Virginia goes hungry, we urge USDA to work with the Commonwealth of Virginia to approve the Commonwealth’s request to operate a P-EBT program in a timely manner. This P-EBT program will provide Virginia with another critical tool to help keep families fed during this difficult time.

Thank you for your attention to this matter and all you and your staff are doing to help keep Americans fed during this public health crisis. We look forward to continue working with you to ensure access to healthy and nutritious foods for all Americans.

Sincerely,

 

 

WASHINGTON - U.S. Sen. Mark R. Warner joined Sen. Ron Wyden and 15 of his colleagues in urging Congressional leadership to provide additional digital resources for state and local governments managing the impacts of the COVID-19 crisis on local communities.

In a letter to Senate Majority Leader Mitch McConnell, R-Ky., Senate Minority Leader Chuck Schumer, D-N.Y., Speaker of the House Nancy Pelosi, D-Calif., and House Minority Leader Kevin McCarthy, R-Calif., the legislators wrote: “The COVID-19 pandemic has overwhelmed state and local government benefits systems due to unprecedented numbers of applications and outdated systems. More than 22 million Americans have filed unemployment claims in the past four weeks alone. News reports abound showing hours-long hold times for Americans seeking assistance with unemployment claims, small business loans and grants, and other emergency programs. These federal programs, which are administered by the states, are of the utmost importance to American workers and businesses. They must be able to serve this skyrocketing need, per Congressional intent in the CARES Act.” 

The legislators pushed Congressional leadership to make federal digital resources – like the Unites States Digital Service (USDS) and the Technology Transformation Service (TTS) – more readily available to state and local governments. In order to do so, the legislators encouraged that the following be included in the next COVID-19 package:

USDS:

  • Provide a $50 million emergency appropriation to the Office of Management and Budget Information Technology Oversight and Reform Fund for USDS to hire additional skilled technologists who could immediately begin to serve their country. 
  • Ensure these funds are specifically targeted for USDS support of state and local governments use of technology required to administer federal programs or for federal systems that distribute or facilitate the distribution of direct citizen services.
  • Waive or significantly streamline any restrictions on USDS to work with state and local governments.
  • Encourage USDS to prioritize COVID-19 related projects, including those with state customers. 

 

TTS:

  • Provide a $25 million emergency appropriation to the Federal Citizen’s Services Fund.
  • Ensure these funds are specifically appropriated for TTS for support of state and local governments, including use, configuration, and advice on the purchase of technology products and services. This should include cloud service authorizations to enable cloud adoption by state and local governments.
  • Waive or significantly streamline any restrictions on TTS to work with state and local governments, including restrictions on funding sources, signatory requirements and acquisition services support through the Intergovernmental Cooperation Act and other related authorizations.
  • Waive restrictions on states and local governments from being able to purchase the products created by the federal government.
  • Encourage TTS (and General Services Administration as a whole) to prioritize COVID-19 related projects including those with state customers. 

Joining Sens. Warner and Wyden on this letter were U.S. Sens. Sheldon Whitehouse, D-R.I., Kyrsten Sinema, D-Ariz., Kirsten Gillibrand, D-N.Y., Kamala D. Harris, D-Calif., Sherrod Brown, D-Ohio, Edward J. Markey, D-Mass., Doug Jones, D-Ala., Mazie Hirono, D-Hawaii, Bob Menendez, D-N.J., Jacky Rosen, D-Nev., Cory Booker, D-N.J., Dick Durbin, D-Ill., Gary Peters, D-Mich., and Chris Van Hollen, D-Md.

Demand Progress, Lincoln Network, Public Knowledge and the Center for Democracy and Technology have endorsed the recommendations made in this letter.

A copy of the letter is available here

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Bob Menendez (D-NJ) and a group of Senate colleagues in urging pharmaceutical companies engaged in COVID-19-related work to prioritize diversity in any coronavirus vaccine or trial. Given the disproportionate impact of the outbreak on communities of color and other minority groups, the senators requested that any vaccine or therapeutic drug trial related to COVID-19 includes women, minorities, and LGBTQ+ persons. They also underscored the critical need for comprehensive demographic and racial data to ensure that new treatments work for all Americans.

“The disparities in the COVID-19 pandemic are exacerbated by higher rates of chronic disease among many minority populations, inequitable access to health care, and bias within the health care system itself.  As such, any clinical trials for vaccines and therapeutic treatments of COVID-19 must include participants that racially, socioeconomically, and otherwise demographically represent the United States,” wrote the Senators. “This virus is striking in its disproportionate impact on minority populations, and it more important than ever that these populations are represented in any clinical trials.”

“The FDA alone cannot fix the problem of underrepresentation.  The private sector must also take proactive steps to ensure drug and vaccine trials include a diverse group of Americans,” the senators continued.  “We urge you to examine new and creative ways to enroll a diverse set of participants in COVID-19-related trials such as reducing barriers to clinical trials, utilizing diverse clinical trial personnel, ensuring language accessibility, and investing in participant recruitment by partnering with minority health and community advocacy groups.”

In letters to the CEOs of Abbot Labs, Abbivie, Amgen, Astra Zeneca, Bayer, CSL Behring, Eli Lilly, Genetech, Gilead, GSK US, Johnson & Johnson, Novartis, Pzifer, Regeneron, Sanofi and the Biotech Innovation Organization (BIO), the Senators also underscored that the disparities in the COVID-19 pandemic for many minority populations are exacerbated by higher rates of chronic disease, inequitable access to health care, and bias within the health care system itself. 

The senators also cited “alarming” research showing that, while African Americans represent 12 percent of the national population, they make up only 5 percent of all clinical trial participants. The numbers for Hispanics are even more stark at 16 percent and 1 percent, respectively.

In addition to Sens. Warner and Menendez, the letters were signed by Sens. Chris Van Hollen (D-MD), Tom Carper (D-DE), Elizabeth Warren (D-MA), Richard Blumenthal (D-CT),  Bob Casey Jr. (D-PA), Dick Durbin (D-IL), Ben Cardin (D-MD), Mazie Hirono (D-HI), Edward J. Markey (D-MA), Bernie Sanders (I-VT), Cory Booker (D-NJ), Sherrod Brown (D-OH), and Amy Klobuchar (D-MN).

Throughout this outbreak, Sen. Warner has pushed to make sure that we have the data needed to understand the scope of the crisis and its effect on diverse communities. He has previously introduced legislation to require the Department of Health and Human Services (HHS) to collect and report racial and other demographic data on COVID-19 testing, treatment, and fatality rates, and provide a summary of the final statistics and a report to Congress within 60 days after the end of the public health emergency. He has also urged the coronavirus taskforce only to distribute accurate information about the virus and dispel misinformation or discriminatory rhetoric to help prevent suspicion, panic and race-based assaults against Asian-Americans. Additionally, he has requested that the Vice President correct the record on mixed Trump administration messages related to COVID-19.

The full text of the letter is available below. Download the letter to pharmaceutical companies here and to the Biotech Innovation Organization here.

 

We write to request that you ensure that any vaccine or therapeutic drug trials related to COVID-19 includes women, minorities, and LGBTQ+ persons. As the nation continues to respond to the COVID-19 pandemic, we know from history that we cannot afford to get this wrong—we must understand what treatments work for all communities in America. 

In a matter of weeks, we have learned COVID-19 has a particularly devastating impact on racial minorities, like so many diseases that have come before it.  According to a Washington Post analysis of early data, COVID-19 “appears to be infecting and killing black Americans at a disproportionately high rate.”   Specifically, the analysis shows “that counties that are majority-black have three times the rate of infections and almost six times the rate of deaths as counties where white residents are in the majority.”   In New Jersey, where demographic data is available, Hispanics and African Americans account for 25.8 percent and 25.7 percent of COVID-19 cases respectively.   This is despite the fact Hispanics make up only 20.6 percent of the State’s population, and African Americans only 15 percent.   In Milwaukee County, Wisconsin, “African Americans account for about 70 percent of the dead but just 26 percent of the population.”   In Chicago, African American residents have died at a rate six times that of whites.   The disparities likely persist in other groups as well.  As Chicago Mayor Lori Lightfoot acknowledged, there is likely “‘significant underreporting’ among Hispanics, who account for roughly 14 percent of [Chicago’s] known [COVID]-19 cases and are 29 percent of the city’s overall population. Asians, representing about 7 percent of the population in Chicago, make up about 3.6 percent of known coronavirus cases.”   In Michigan, African Americans account for 13.4 percent of the population but make up a disproportionate 33 percent of COVID-19 cases and 40 percent of deaths. 

The disparities in the COVID-19 pandemic are exacerbated by higher rates of chronic disease among many minority populations, inequitable access to health care, and bias within the health care system itself.   As such, any clinical trials for vaccines and therapeutic treatments of COVID-19 must include participants that racially, socioeconomically, and otherwise demographically represent the United States.  This virus is striking in its disproportionate impact on minority populations, and it’s more important than ever that these populations are represented in any clinical trials.

Alarming research shows that although “African Americans represent 12% of the United States population, they make up only 5% of all clinical trial participants.  Only 1% of clinical trial participants were Hispanic, though they comprise 16% of the national population.”   As a result, “[i]nequitable research can lead to dangerous outcomes for those who are not represented in clinical trials.  Drugs including chemotherapeutics, antiretrovirals, antidepressants, and cardiovascular medications have been withdrawn from market due to differences in drug metabolism and toxicity across race and sex.” 

As the Food and Drug Administration (FDA) notes, “[r]acial and ethnic minority populations continue to be underrepresented in clinical trials and remain disproportionately burdened by many chronic and debilitating diseases. This is due to factors including a lack of trust in the medical system—in part due to historical mistreatment—as well as a lack of transportation, time, or knowledge about clinical research opportunities.”   Recognizing these inequities, the FDA issued guidance on the collection of race and ethnicity data in clinical trials and created a Minorities in Clinical Trials Initiative. 

The FDA alone cannot fix the problem of underrepresentation.  The private sector must also take proactive steps to ensure drug and vaccine trials include a diverse group of Americans. We urge you to examine new and creative ways to enroll a diverse set of participants in COVID-19-related trials such as reducing barriers to clinical trials, utilizing diverse clinical trial personnel, ensuring language accessibility, and investing in participant recruitment by partnering with minority health and community advocacy groups. Thank you for your continued work during this pandemic. We look forward to your response and thank you for your consideration of this important issue.

Sincerely,

 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sens. Bob Menendez (D-NJ), Chuck Schumer (D-NY), Tammy Duckworth (D-IL), Mazie Hirono (D-HI) and 24 of his Senate Democratic colleagues in sounding the alarm about increased harassment and violence against members of the Asian American and Pacific Islander (AAPI) community amid the novel coronavirus (COVID-19) pandemic. In a letter to President Donald Trump, the Senators stressed that America’s leaders have a responsibility to avoid using rhetoric that fuels racism towards Asian Americans, and to prevent confusion about COVID-19 from being exploited to target communities of color.

“It is imperative that we make clear that the enemy in our midst is not the Asian or Asian-American community, but rather a virus that endangers us all,” wrote the Senators. “We must counter the mistaken belief that there is any link between the virus and a person’s ethnicity. Such misconceptions have contributed to a surge of hate crimes against AAPI communities, acting as a pretext for individuals who exploited this crisis as an opportunity to harm people whose racial and ethnic backgrounds differ from their own.”

The letter follows a recent call from a group of leading U.S. national security experts who have demanded heightened attention to the intensification of hate crimes targeting the Asian and Asian American diasporas, particularly as communities of color in the United States are already being disproportionately impacted by the pandemic. Similarly, on March 20, the U.S. Commission on Civil Rights expressed concern over the sharp rise in violent attacks against Asian Americans. The CDC, UNICEF, the World Health Organization, and the International Federation of Red Cross and Red Crescent Societies have also warned against the social stigma that has targeted the Asian American community in the wake of COVID-19. 

“History teaches us that injustice and divisions in the United States have been exploited domestically for political purposes and can be exploited by other governments for strategic purposes,” the Senators continued. “Racist rhetoric and hateful attacks against Asians and members of the AAPI community are unjust and utterly inconsistent with our core values. Such incidents also play into the Chinese Communist Party’s propaganda and messaging in ways that undermine our unity, national interests, and global leadership.” 

Sen. Warner has been outspoken about the need to prevent discrimination and harassment towards Asian Americans during this pandemic. He has previously urged the coronavirus taskforce only to distribute accurate information about the virus and dispel misinformation or discriminatory rhetoric to help prevent suspicion, panic and race-based assaults. Additionally, he has requested that the Vice President correct the record on mixed Trump administration messages related to COVID-19, and that the FBI conduct community outreach and engage leaders of Chinese American and Asian American organizations to increase connectivity and dialogue.

In addition to Sens. Warner, Menendez, Schumer, Duckworth and Hirono, the letter was signed by Sens. Maria Cantwell (D-WA), Chris Coons (D-DE), Bernie Sanders (I-VT), Kirsten Gillibrand (D-NY), Jacky Rosen (D-NV), Dianne Feinstein (D-CA), Robert P. Casey, Jr. (D-PA), Sheldon Whitehouse (D-RI), Kamala D. Harris (D-CA), Sherrod Brown (D-OH), Catherine Cortez Masto (D-NV), Cory A. Booker (D-NJ), Richard J. Durbin (D-IL) Benjamin L. Cardin (D-MD), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Christopher S. Murphy (D-CT), Jeffrey A. Merkley (D-OR), Amy Klobuchar (D-MN), Jack Reed (D-RI), Brian Schatz (D-HI), Tammy Baldwin (D-WI), Patty Murray (D-WA) and Chris Van Hollen (D-MD).

A copy of the letter can be found here and below:

 

Dear Mr. President:

Recently, a group of U.S. national security leaders signed a letter raising alarm about the surge in anti-Asian racism in the context of COVID-19, and concern that prejudice and stigmatization undermine American values of hope and U.S. leadership abroad.

We, the undersigned Members of the U.S. Senate, echo these concerns.

We, too, are alarmed by the severity and increasing frequency of hate crimes and race-based harassment against Asians and members of the Asian-American and Pacific Islander (AAPI) community in the United States—assaults that endanger their safety, well-being, dignity, and livelihoods. U.S. leaders in every sector and at every level — including in both the Executive and Legislative branches of our government — must take action against anti-Asian racism and express support for Asian diaspora and AAPI communities.

The COVID-19 pandemic presents urgent threats to America’s health, prosperity, and national security. It has brought out the best of our nation: healthcare workers have labored around the clock to care for patients, scientists have raced to develop a vaccine and therapeutics, and local officials and community leaders have taken action to ensure the most vulnerable among us have access to supplies and services.

Alarmingly, the crisis has also spawned numerous disturbing incidents of racism and discrimination in the United States. On March 20, the U.S. Commission on Civil Rights expressed concern over the sharp rise in violent attacks against Asian Americans. It is imperative that we make clear that the enemy in our midst is not the Asian or Asian-American community, but rather a virus that endangers us all.

The Centers for Disease Control and Prevention advises discussing the novel coronavirus (SARS-CoV-2) in ways that reduce and avoid stigma, while refraining from using any terms (such as “Chinese virus” or “Wuhan virus”) that exacerbate prejudice and discrimination in ways that place lives at risk of violence. We must counter the mistaken belief that there is any link between the virus and a person’s ethnicity. Such misconceptions have contributed to a surge of hate crimes against AAPI communities, acting as a pretext for individuals who exploited this crisis as an opportunity to harm people whose racial and ethnic backgrounds differ from their own.

We represent diverse states and communities, and some of us have also been personally targeted by prejudice. All of us must stand today in solidarity with the Asian and AAPI communities and amplify the many statements of concern that AAPI leaders and community organizations have issued in recent weeks.

We believe that our nation is strongest when we live up to our guiding principles, including the embrace of equality and diversity. Intolerance and stigmatization risk dividing our society and hurting our most vulnerable precisely when we must unite and stand strong to confront the pandemic.

History teaches us that injustice and divisions in the United States have been exploited domestically for political purposes and can be exploited by other governments for strategic purposes. Racist rhetoric and hateful attacks against Asians and members of the AAPI community are unjust and utterly inconsistent with our core values. Such incidents also play into the Chinese Communist Party’s propaganda and messaging in ways that undermine our unity, national interests, and global leadership.

Once the worst of this global crisis is past, it will be important to re-examine the factors and decisions that facilitated the rapid global diffusion of the outbreak from its origin in China, including the initial failure of the Chinese government to heed the concerns of doctors and its efforts to suppress the warnings of whistleblowers and downplay the danger of the virus. For the time being, however, we must prioritize and concentrate on mobilizing an effective response that overcomes initial missteps, while galvanizing the international collaboration that is critical to constraining this global threat.

U.S. policy to address the pandemic must respect and defend human rights and civil liberties. The novel coronavirus presents a major threat to the health and wellbeing of all people in the United States, but the Asian diaspora and AAPI communities now face harmful rhetoric and even horrifying physical violence. We must prioritize, at this perilous moment, reducing those dangers to the greatest extent possible.

Recognizing the urgency of this crisis and the imperative of combating the prejudices that have intensified in its wake, we pledge to work with you to confront the racism that so many encounter in their daily lives, in online and offline settings, and to tackle systemic prejudice even as we combat this unprecedented pandemic.

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Richard Burr (R-NC) and Vice Chairman Mark Warner (D-VA) released a new report, titled “Review of the Intelligence Community Assessment,” the fourth and penultimate volume in the Committee’s bipartisan Russia investigation.

The latest installment examines the sources, tradecraft, and analytic work behind the 2017 Intelligence Community Assessment (ICA) that determined Russia conducted an unprecedented, multi-faceted campaign to interfere with the 2016 U.S. presidential election. The installment builds upon the Committee’s unclassified summary findings on the ICA issued in July 2018. 

The ICA is informed by highly sensitive sources. In its review of that information, the Committee sought to protect the methods and means by which the U.S. Intelligence Community secured this information. In order to protect sources and methods, the vast majority of this chapter is redacted.

To date, the Committee has released four out of a total of five volumes in its comprehensive report on Russia’s 2016 election interference. The previously released volumes examined U.S. election securityRussia’s use of social mediaand the Obama Administration’s response to Russian interference. The fifth and final volume will examine the Committee’s counterintelligence findings.

Statement from Chairman Burr: 

“In reviewing the ICA, the Senate Intelligence Committee looked at two key questions: first, did the final product meet the initial task given by the President, and second, was the analysis supported by the intelligence presented? We found the ICA met both criteria. The ICA reflects strong tradecraft, sound analytical reasoning, and proper justification of disagreement in the one analytical line where it occurred.

“The Committee found no reason to dispute the Intelligence Community’s conclusions.

“One of the ICA’s most important conclusions was that Russia’s aggressive interference efforts should be considered ‘the new normal.’ That warning has been borne out by the events of the last three years, as Russia and its imitators increasingly use information warfare to sow societal chaos and discord. With the 2020 presidential election approaching, it’s more important than ever that we remain vigilant against the threat of interference from hostile foreign actors.”

Statement from Vice Chairman Warner:

“The ICA summarizing intelligence concerning the 2016 election represented the kind of unbiased and professional work we expect and require from the Intelligence Community. The ICA correctly found the Russians interfered in our 2016 election to hurt Secretary Clinton and help the candidacy of Donald Trump.  Our review of the highly classified ICA and underlying intelligence found that this and other conclusions were well-supported. There is certainly no reason to doubt that the Russians’ success in 2016 is leading them to try again in 2020, and we must not be caught unprepared.” 

You can read, “Volume IV: Review of Intelligence Community Assessment” here

 

Key Findings: 

  • The Committee finds the Intelligence Community Assessment (ICA) presents a coherent and well-constructed intelligence basis for the case that Russia engaged in an attempt to interfere with the 2016 U.S. presidential election. The Committee concludes that all analytic lines are supported with all-source intelligence, that the ICA reflects proper analytic tradecraft, and that differing levels of confidence on one analytic judgment are justified and properly represented. Additionally, interviews with those who drafted and prepared the ICA affirmed that analysts were under no political pressure to reach specific conclusions.
  • The Committee finds that the ICA reflects a proper representation of the intelligence collected and that this body of evidence supports the substance and body of the ICA. While the Intelligence Community did not include information provided by Christopher Steele in the body of the ICA or to support any of its analytical judgments, it did include a summary of this material in an annex —largely at the insistence of FBI’s senior leadership.  A broader discussion of the Steele dossier will be included in the final volume of the Committee’s report.
  • The Committee finds that the ICA makes a clear argument that the manner and aggressiveness of Russia’s election interference was unprecedented. However, the ICA does not include substantial representation of Russia’s interference attempts in 2008 and 2012.
  • The Committee finds that the ICA did not include a set of policy recommendations for responding to Russia’s interference attempts. This omission was deliberate, reflecting the well-established norm that the role of the Intelligence Community is to provide insight and warning to policy makers, not to make policy itself.
  • The Committee finds the ICA would have benefited from a more comprehensive look at the role of Russian propaganda generated by state-owned platforms in the multi-pronged interference campaign. Open source reporting on RT’s and Sputnik’s coverage of Wikileaks’ release of information from the Democratic National Committee would have strengthened the ICA’s examination of Russia’s use of propaganda.

Read the Senate Intelligence Committee’s previous reports:

Volume I: Russian Efforts Against Election Infrastructure

Volume II: Russia’s Use of Social Media

Volume III: U.S. Government Response to Russian Activities

Volume IV: Review of the Intelligence Community Assessment 

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WASHINGTON - Following reports of escalating foreign cyber espionage and cybercrime targeting American health institutions amid the COVID-19 pandemic, U.S. Sens. Mark R. Warner (D-VA), Richard Blumenthal (D-CT), Tom Cotton (R-AR), David Perdue (R-GA), and Edward J. Markey (D-MA) called on top U.S. cybersecurity officials to take immediate steps to bolster defenses, coordinate with hospitals, and engage in deterrence against such attacks. 

The bipartisan group of Senators wrote to the Cybersecurity and Infrastructure Security Agency (CISA) and United States Cyber Command after reports that Russia, China, Iran, North Korea, and criminal groups have launched hacking campaigns targeting the U.S. health care and medical research sectors in recent weeks. These malicious campaigns included ransomware attacks hitting hospitals, disinformation about health related to COVID-19, and spying on U.S. medical response and research. 

“[O]ur country’s healthcare, public health, and research sectors are facing an unprecedented and perilous campaign of sophisticated hacking operations from state and criminal actors amid the coronavirus pandemic,” wrote the Senators in a letter to CISA Director Christopher Krebs and Cyber Command Commander Paul Nakasone. “Disinformation, disabled computers, and disrupted communications due to ransomware, denial of service attacks, and intrusions means critical lost time and diverted resources. During this moment of national crisis, the cybersecurity and digital resilience of our healthcare, public health, and research sectors are literally matters of life-or-death.”

The Senators urged the agencies to make cyber threat information public to enable better defensive efforts, as well as raise public alarm and issue statements putting adversaries on notice. The Senators also called on the agencies to provide technical assistance to help states in their cybersecurity efforts, convene stakeholders in the medical sector to make sure they have the necessary resources, and engage in deterrence actions as necessary. 

The full text of the letter is available here and copied below.

 

 

Dear Mr. Krebs and General Nakasone,

We write to raise our profound concerns that our country’s healthcare, public health, and research sectors are facing an unprecedented and perilous campaign of sophisticated hacking operations from state and criminal actors amid the coronavirus pandemic. These hacking attempts pose an alarming risk of disrupting or undermining our public health response at this time of crisis. We write to urge the Cybersecurity and Infrastructure Security Agency (CISA), in coordination with United States Cyber Command, and its partners to issue guidance to the health care sector, convene stakeholders, provide technical resources, and take necessary measures to deter our adversaries in response to these threats.

In recent weeks, Russian, Chinese, Iranian, and North Korean hacking operations have targeted the health care sector and used the coronavirus as a lure in their campaigns.  In March, the cyber security firm FireEye reported that a Chinese hacking group, APT41, carried out one of the broadest hacking campaigns from China in recent years, beginning at the onset of the pandemic.[1] According to researchers, APT41 is a sophisticated Chinese state sponsored group that specializes in espionage against healthcare, high-tech, and political interests.[2] This latest campaign sought to exploit several recent vulnerabilities in commonplace networking equipment, cloud software, and office IT management tools—the same systems that we are now more reliant on for telework and telehealth during this pandemic. Included in the new Chinese espionage campaign are the healthcare and pharmaceutical nonprofits and companies bracing to respond to the coronavirus. APT41’s campaign also appears to reflect a broader escalation from Chinese groups in recent weeks.[3]

China is not alone in exploiting the coronavirus pandemic against our interests. Russian, Iranian, and North Korean government hackers have reportedly targeted international health organizations and the public health institutions of U.S. allies.[4] Additionally, the State Department has identified disinformation operations from Russia, Iran, and China that sought to spread false information about coronavirus to undermine the nation’s response to the pandemic.[5] Unless we take forceful action to deny our adversaries success and deter them from further exploiting this crisis, we will be inviting further aggression from them and others.

The cybersecurity threat to our stretched and stressed medical and public health systems should not be ignored. Prior to the pandemic, hospitals had already struggled to defend themselves against an onslaught of ransomware and data breaches. Our hospitals are dependent on electronic health records, email, and internal networks that often heavily rely on legacy equipment. Even a minor technical issue with the email services of the Department of Health and Human Services meaningfully frustrated efforts to coordinate the federal government’s service.[6] Disinformation, disabled computers, and disrupted communications due to ransomware, denial of service attacks, and intrusions means critical lost time and diverted resources. During this moment of national crisis, the cybersecurity and digital resilience of our healthcare, public health, and research sectors are literally matters of life-or-death.

The Cybersecurity and Infrastructure Security Agency and Cyber Command are on the frontlines of our response to cybersecurity threats to our critical infrastructure. Hospitals, medical researchers, and other health institutions need the expertise and resources your agencies have developed defending against these same sophisticated threats. We urge you to take all necessary measures to protect these institutions during the coronavirus pandemic, including:           

1.)    Provide private and public cyber threat intelligence information, such as indicators of compromise (IOCs), on attacks against the healthcare, public health, and research sectors, including malware and ransomware.

2.)    Coordinate with the Department of Health and Human Services, the Federal Trade Commission, and the Federal Bureau of Investigation on efforts to increase public awareness on cyberespionage, cybercrime, and disinformation targeting employees and consumers, especially as increased telework poses new risks to companies.

3.)    Provide threat assessments, resources, and additional guidance to the National Guard Bureau to ensure that personnel supporting state public health departments and other local emergency management agencies are prepared to defend critical infrastructure from cybersecurity breaches.

4.)    Convene and consult partners in the healthcare, public health, and research sectors, including its government and private healthcare councils, on what resources and information are needed to reinforce efforts to defend healthcare IT systems, such as vulnerability detection tools and threat hunting.

5.)    Consider issuing public statements regarding hacking operations and disinformation related to the coronavirus for public awareness and to put adversaries on notice, similar to the joint statement on election inference issued on March 2nd.

6.)    Evaluate further necessary action to defend forward in order to detect and deter attempts to intrude, exploit, and interfere with the healthcare, public health, and research sectors.

 We stand ready to work with you to provide any further resources necessary in this effort. Thank you for your attention to this urgent matter.

 Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement after the Senate unanimously approved a bipartisan coronavirus relief package that provides $310 billion for the Paycheck Protection Program (including $60 billion for women-owned businesses, minority-owned businesses, and businesses in rural communities), $60 billion for Economic Injury Disaster Loans, $75 billion for health care providers, and $25 billion for testing. 

“This legislation will provide urgently needed funding to small businesses so they can keep their workers on the payroll and to our health care providers on the front lines of this pandemic. And it will help ramp up testing capacity, which will be critical to reopening our economy. The Trump Administration’s failure to implement widespread testing has made this crisis much worse, and we’ve been pushing hard for a national testing strategy and additional funding to help reduce the spread and save lives. Today’s legislation also ensures more resources get delivered to underserved populations, our community development financial institutions, and businesses that are truly small. As we hear every day from Virginians, this massive public health emergency is having devastating health and economic impacts. We’ll continue supporting efforts to provide financial relief and to ensure we’re getting the public health response right.” 

Last week, Warner sent a letter to Treasury Secretary Steven Mnuchin, expressing concerns about reports that cash-rich corporations and hedge funds are taking advantage of the requirements of the PPP program, shutting out small and independent businesses in need of financial assistance as a result of COVID-19. The legislation also includes funding to help modernize and strengthen public health data infrastructure, which Sen. Kaine has long championed. Last year, he introduced with Senators Isakson and King the Saving Lives Through Better Data Act, bipartisan legislation to modernize public health data infrastructure so clinicians, state health departments, and the CDC can work together more quickly and seamlessly to identify and respond to health threats like the coronavirus.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined U.S. Sen. Debbie Stabenow (D-Mich.) and 35 Democratic Senators in urging Vice President Mike Pence and other members of the Trump Administration to take action to help ensure the safety of the nation’s food supply and protect essential workers in the food supply chain. 

“It is vital that we do everything we can to protect food supply workers,” wrote the Senators. “Breakdowns in the food supply chain could have significant economic impacts for both consumers and agricultural producers. It is also imperative that precautions are taken to ensure the stability and safety of our food supply.”

There have been numerous reports of essential workers in meatpacking plants, processing facilities, farms, grocery stores, and markets falling ill from COVID-19. Some workers have reportedly felt pressured to go to work even when feeling sick. There are also serious concerns about the health of farmworkers who often work, live, and travel in close proximity, making social distancing very difficult.

“The severe shortages of adequate COVID-19 testing capability and personal protective equipment are exacerbating these problems,” wrote the Senators. “Lack of access to tests and personal protective equipment leaves essential food supply workers at even higher risk and makes the virus more likely to spread, harming more workers and further damaging our food supply chain.”

The Senators urged the White House and federal agencies to coordinate with state and local governments and the private sector to take aggressive action to protect essential workers and the food supply from further damage. The Senators also asked a series of questions about the actions being taken and coordination with the food industry.

In addition to Senator Stabenow, the letter was signed by Senators Stabenow, Chris Van Hollen (D-Md.), Richard Blumenthal (D-Conn.), Michael Bennet (D-Colo.), Jeff Merkley (D-Ore.), Kirsten Gillibrand (D-N.Y.), Robert Menendez (D-N.J.), Robert Casey (D-Penn.), Jack Reed (D-R.I.), Tom Carper (D-Del.), Dick Durbin (D-Ill.), Angus King (I-Maine), Mazie Hirono (D-Hawaii), Jeanne Shaheen (D-N.H.), Tina Smith (D-Minn.), Ron Wyden (D-Ore.), Kamala Harris (D-Calif.), Chris Coons (D-Del.), Sherrod Brown (D-Ohio), Patty Murray (D-Wash.), Patrick Leahy (D-Vt.), Chris Murphy (D-Conn.), Gary Peters (D-Mich.), Bernie Sanders (I-Vt.), Amy Klobuchar (D-Minn.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Cory Booker (D-N.J.), Doug Jones (D-Ala.), Charles Schumer (D-N.Y.), Tammy Baldwin (D-Wisc.), Edward J. Markey (D-Mass.), Tammy Duckworth (D-Ill.), Dianne Feinstein (D-Calif.), and Jackie Rosen (D-Nev.).

The letter was sent to Vice President Pence, Agriculture Secretary Sonny Perdue, Food and Drug Commissioner Stephen Hahn, Environmental Protection Agency Administrator Andrew Wheeler, and Acting Secretary of Homeland Security Chad Wolf.

The full text of the letter is below. A PDF of the letter is available here.

Dear Vice President Pence, Secretary Perdue, Commissioner Hahn, Administrator Wheeler, Acting Secretary Wolf:  

We write today to inquire about the actions you are taking to ensure the safety of our nation’s food supply and protect our essential federal and private sector food supply chain workforce. There have been numerous reports of essential workers in meatpacking plants, processing facilities, farms, grocery stores, and markets falling ill from COVID-19. Other sources have reported that employee absences are high as people fear going into work due to the threat of infection. Some workers have reportedly felt pressured to work even when feeling sick. There are also serious concerns about the health of farmworkers who plant and harvest our crops and often work, live, and travel in close proximity, making social distancing very difficult.

The severe shortages of adequate COVID-19 testing capability and personal protective equipment are exacerbating these problems. Lack of access to tests and personal protective equipment leaves essential food supply workers at even higher risk and makes the virus more likely to spread, harming more workers and further damaging our food supply chain. Beyond the risk of infection, the lack of personal protective equipment is also harmful to farmworkers who apply pesticides and lack basic protections.

It is vital that we do everything we can to protect food supply workers and federal employees from COVID-19 infection. Breakdowns in the food supply chain could have significant economic impacts for both consumers and agricultural producers. It is also imperative that precautions are taken to ensure the stability and safety of our food supply. 

During this public health crisis, the White House and your agencies must coordinate with state and local governments and the private sector to take aggressive action to protect essential workers in the food supply chain. We need bold action and creative solutions, including greatly increased testing and tracing of those exposed to the virus in order to stop the spread. This is critically important to protect our essential workforce, our food supply chain, our agricultural economy, and rural America from further damage. We ask you to respond to the following questions by April 24, 2020:

1.     What are your plans for and what actions have you taken to help ensure the safety of essential food supply chain workers?  In the event that essential food supply chain workers, including all farmworkers, contract COVID-19, what are the preparedness and response plans and actions to control the outbreak, ensure treatment of workers, and ensure that our food supply is maintained? 

2.     USDA’s coronavirus website instructs the food industry to follow protocols set by local and state health departments for guidance about its business operations. 

a.     How are your agencies coordinating with the Occupational Safety and Health Administration (OSHA) to ensure that employers know what is necessary to protect their essential food supply chain workers from COVID-19?

b.     A clear safety and health standard applicable to this novel virus would ensure employers understand what is necessary to keep essential food supply chain workers healthy so they can continue to work to keep the food chain strong. Have your agencies asked Secretary Scalia to use his existing authorities under the Occupational Safety and Health Act (OSH Act) to issue an Emergency Temporary Standard (ETS) to ensure employers of essential food supply chain workers institute necessary safety and health accommodations to deal with this virus? If not, why not?

c.     What are your agencies doing to create consistency regarding  recommendations from federal agencies that address issues related to monitoring of symptoms, sanitation practices, social distancing, personal protective equipment standards, and communication requirements? 

3.     Has the federal government worked with states or the food industry to develop contingency plans or guidance on how to adjust supply chains or move workforce capacity to other areas to address any personnel shortages?

4.     What concerns and unmet needs have you heard from the food supply industry regarding protection of these essential workers?  What are you doing to address shortages of personal protective equipment for private sector essential food supply chain workers?  

5.     What actions have you taken to make COVID-19 testing readily available to essential food supply chain workers?  

6.     Have you taken any actions to work with state and local governments and industry partners to find alternative housing options for essential food supply chain workers who have been infected by or exposed to COVID-19 to help stop it from spreading to others?   

7.     Protecting the health and safety of USDA inspectors from COVID-19 is critically important. 

a.     How many USDA inspectors have been infected by COVID-19? 
b.     Have infections of inspectors caused any slowing in or reduction of inspections or production? 
c.     Has USDA appropriately notified its personnel of the new COVID paid sick and family leave polices recently enacted by Congress? 
d.     USDA briefed congressional staff and said it has been unable to supply masks for all of its food inspectors and has instead offered to reimburse its employees for making or purchasing their own masks. What is USDA doing to supply all FSIS inspectors, APHIS inspectors, and AMS essential personnel with appropriate personal protective equipment and what is the timeframe when USDA will be able to provide this equipment? 

We thank you for your immediate attention to these questions. 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Michael Bennet (D-CO), Sherrod Brown (D-OH), and Jack Reed (D-RI) sent a letter to the U.S. Department of Veterans Affairs (VA) pushing for more information regarding the personal protective equipment (PPE) available to its employees at hospitals, clinics and other facilities during the COVID-19 health crisis, as well as whether the Centers for Disease Control (CDC) guidelines are sufficient enough to protect its employees. The Senators are raising the alarm following reporting that indicates a serious shortage of PPE at VA facilities across the country, directly contradicting VA leadership’s claim that they have enough PPE at their facilities. In addition, the Senators have heard directly from their constituents who are VA facility employees concerned for their well-being while on-the-job.

“We write to request information about the use of personal protective equipment (PPE) by Department of Veterans Affairs (VA) employees at hospitals, clinics, and other facilities, and whether the VA’s guidance to its employees, based on guidelines from the Centers for Disease Control and Prevention (CDC), is sufficiently robust in safeguarding staff. With more than 1,600 positive COVID-19 cases among VA staff nationwide, and more than a dozen employee deaths, the Department must take every possible action to protect staff and veterans,” the Senators wrote in a letter to VA Secretary Robert Wilkie.

According to the VA, they have instructed their employees to adhere to the CDC guidelines, which allows for the reuse of single-use masks for multiple days, as well as the ability to disinfect and reuse those masks. However, some VA staff who are not interacting directly with COVID-19 patients are working without PPE.

“The Wall Street Journal reports that VA internal memos caution that a ‘serious shortage’ of PPE masks exists and rationing may be reduced to one mask per day for providers. Additional Wall Street Journal reporting suggests that the Department has only a two-week PPE supply and workers must use the same mask as they move from patient to patient. We have also heard from a number of our constituents who are employees at VA facilities, who think they are not being provided adequate PPE in their jobs and fear for their personal health and safety. Employees report being asked to use one N95 mask for up to a week, which manufacturers recommend be changed each shift at a minimum. These employees report that they are being asked to store surgical or procedural masks in paper bags, and that some masks begin disintegrating after too many days of use,” they continued.

In their letter, the Senators underscored the need for VA medical facility staff, as well as clinical and administrative employees, to have the appropriate PPE to protect their health and the health of the veterans they serve during the current health crisis. Following recent reporting that some VA employees are being penalized for following guidance from public health authorities, the Senators are also calling on the VA to allow flexibility for their employees by providing administrative leave if required to self-quarantine.

Additionally, the Senators requested answers to the following questions:

  • Are VA healthcare providers using the same PPE for multiple encounters with patients, even though these devices are not approved by the Food and Drug Administration for reuse?
  • How many medical facilities have instituted PPE rationing processes that require providers to use single-use PPE for multiple patients?
  • How often are employees being provided new PPE, including masks, at these facilities?
  • Are VA facilities relying on CDC guidance regarding the extended use of PPE to modify standards, ration equipment, or determine that adequate PPE supplies exist?
  • If single-use masks are used for multiple patients, what procedures are in place to protect both provider and patient health?
  • What is the maximum number of patients that providers are permitted to care for while using the same single-use PPE?
  • If sufficient essential supplies are present, do providers need to reuse single-use PPE or use PPE for extended periods?
  • If single-use PPE must be reused, what methods for decontamination and reuse are being followed?
  • Of the $14.4 billion included in the CARES Act for PPE, please provide us with a breakdown of how much has VA spent on  PPE supplies and equipment. And if additional funding is required, has Congress been explicitly notified of this need?
  • Have multiple-use face masks or other alternatives designed for routine decontamination been considered instead of single-use PPE?
  • If PPE levels are not sufficient, what is the VA’s plan to ensure large-scale national-level PPE purchases and distribution to facilities in-need?

A copy of the letter can be found here and below.

 

The Honorable Robert Wilkie

Secretary of Veterans Affairs

U.S. Department of Veterans Affairs

810 Vermont Avenue NW

Washington, D.C. 20420

Dear Secretary Wilkie: 

We write to request information about the use of personal protective equipment (PPE) by Department of Veterans Affairs (VA) employees at hospitals, clinics, and other facilities, and whether the VA’s guidance to its employees, based on guidelines from the Centers for Disease Control and Prevention (CDC), is sufficiently robust in safeguarding staff. With more than 1,600 positive COVID-19 cases among VA staff nationwide, and more than a dozen employee deaths, the Department must take every possible action to protect staff and veterans. 

We understand from media reports, as well as discussions with VA employees and leadership, that the VA is adhering to CDC guidelines, which allows for the reuse of single-use masks for multiple days, disinfecting and reusing masks, and no masks for some staff who are not interacting directly with COVID-19 patients. VA leadership has asserted that they have enough PPE at their facilities and that their employees have access to the necessary PPE, given these guidelines. We are concerned that this guidance may be driven not by best practices for VA staff and patients, but by PPE shortages throughout the system. 

The Wall Street Journal reports that VA internal memos caution that a “serious shortage” of PPE masks exists and rationing may be reduced to one mask per day for providers. Additional Wall Street Journal reporting suggests that the Department has only a two-week PPE supply and workers must use the same mask as they move from patient to patient. We have also heard from a number of our constituents who are employees at VA facilities, who think they are not being provided adequate PPE in their jobs and fear for their personal health and safety. Employees report being asked to use one N95 mask for up to a week, which manufacturers recommend be changed each shift at a minimum. These employees report that they are being asked to store surgical or procedural masks in paper bags, and that some masks begin disintegrating after too many days of use.

In addition, Government Executive recently reported that some VA medical facility staff are not permitted to wear masks. A medical support assistant was placed on absent without leave status when she stayed home with symptoms consistent with COVID-19 while waiting several weeks for test results. Upon being able to return to work she was prohibited from wearing a mask until the VA later provided one mask per week.

Ensuring that VA medical facility staff, as well as clinical and administrative employees, have the appropriate PPE to protect their health and the health of the veterans they serve is essential to countering the pandemic. Additionally, when staff take the appropriate steps to self-quarantine, VA should provide them with administrative leave and not require them to deplete their own sick leave bank.

To ensure VA staff are protected and that transparent information is available about PPE supplies, we ask that you provide a response to the following questions:

  • Are VA healthcare providers using the same PPE for multiple encounters with patients, even though these devices are not approved by the Food and Drug Administration for reuse?
  • How many medical facilities have instituted PPE rationing processes that require providers to use single-use PPE for multiple patients?
  • How often are employees being provided new PPE, including masks, at these facilities?
  • Are VA facilities relying on CDC guidance regarding the extended use of PPE to modify standards, ration equipment, or determine that adequate PPE supplies exist?
  • If single-use masks are used for multiple patients, what procedures are in place to protect both provider and patient health?
  • What is the maximum number of patients that providers are permitted to care for while using the same single-use PPE?
  • If sufficient essential supplies are present, do providers need to reuse single-use PPE or use PPE for extended periods?
  • If single-use PPE must be reused, what methods for decontamination and reuse are being followed?
  • Of the $14.4 billion included in the CARES Act for PPE, please provide us with a breakdown of how much has VA spent on  PPE supplies and equipment. And if additional funding is required, has Congress been explicitly notified of this need?
  • Have multiple-use face masks or other alternatives designed for routine decontamination been considered instead of single-use PPE?
  • If PPE levels are not sufficient, what is the VA’s plan to ensure large-scale national-level PPE purchases and distribution to facilities in-need?

We ask that you take all necessary steps to ensure that VA employees have the resources and guidance required for their safety and the safety of our veterans. We stand ready to help and appreciate your candor and consideration.   

Sincerely,

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined 30 of their colleagues to call for state, local, and tribal governments to receive dedicated, flexible funding in the next COVID-19 emergency funding package. While Virginia has received $3.3 billion to support its COVID-19 response, the Senators are pushing for the next emergency coronavirus relief package to provide assurances that funding can be used to prevent potentially devastating budget cuts and that localities of all sizes will receive dedicated funding. Earlier this month, Senators Warner and Kaine urged Treasury Secretary Steven Mnuchin to provide Virginia maximum flexibility to use funding from the CARES Act to help address budget shortfalls and prevent harmful budget cuts to services vital to addressing the economic and health crises.

The Senators said, “On behalf of our state, local, and tribal governments, it is essential that you include robust, dedicated, and flexible funding to all units of state and local government in the next interim emergency coronavirus package to support their ongoing efforts in the fight against this pandemic. Not only are these public servants on the front line of the immediate response effort, they are also major employers navigating unprecedented declines in revenue just as the need for their services hits an all-time high. We can and we must work together to get this essential funding to our local partners as quickly as possible.” 

The letter was led by Senator Joe Manchin (D-WV). In addition to Warner and Kaine, it was signed by Senators Jeanne Shaheen (D-NH), Michael Bennet (D-CO), Doug Jones (D-AL), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Catherine Cortez Masto (D-NV), Richard Blumenthal (D-CT), Amy Klobuchar (D-MN), Tammy Baldwin (D-WI), Mazie Hirono (D-HI), Martin Heinrich (D-NM), Sherrod Brown (D-OH), Kyrsten Sinema (D-AZ), Tom Carper (D-DE), Maggie Hassan (D-NH), Bernie Sanders (I-VT), Patty Murray (D-WA), Chris Van Hollen (D-MD), Kamala Harris (D-CA), Elizabeth Warren (D-MA), Jacky Rosen (D-NV), Dick Durbin (D-IL), Chris Murphy (D-CT), Ron Wyden (D-OR), Brian Schatz (D-HI), Jeff Merkley (D-OR), Jack Reed (D-RI), and Sheldon Whitehouse (D-RI).

You can read the full letter here and below.

 

Dear Leader McConnell and Secretary Mnuchin: 

On behalf of our state, local, and tribal governments, it is essential that you include robust, dedicated, and flexible funding to all units of state and local government in the next interim emergency coronavirus package to support their ongoing efforts in the fight against this pandemic. Not only are these public servants on the front line of the immediate response effort, they are also major employers navigating unprecedented declines in revenue just as the need for their services hits an all-time high. We can and we must work together to get this essential funding to our local partners as quickly as possible.

While the Coronavirus Relief Fund authorized in the CARES Act (P.L. 116-136) was an important first step, there is no guarantee that any of that funding will reach the millions of Americans who live in communities with fewer than 500,000 residents. The U.S. Department of the Treasury has made it clear that no unit of local government representing fewer than 500,000 residents is eligible to apply for direct funding. The next interim emergency coronavirus package must include dedicated funding for the cities, counties, tribes, and other local governments that serve these communities. 

The intent of the legislative language authorizing the Coronavirus Relief Fund was to provide flexible funding to state and local jurisdictions as they respond to an unfolding national health and economic crisis. Flexibility is critical as federal response guidelines change almost daily. Our local partners have to constantly adjust and adapt to maintain a consistent response while grappling with dramatically reduced state and local revenues that are the direct result of COVID-19’s effects on our economy. While we remain hopeful that the U.S. Department of the Treasury will issue implementation guidance for the Coronavirus Relief Fund that is consistent with the aforementioned Congressional intent, we also know that our state, local, and tribal partners need certainty now that they can use all current and future federal funds to cover reductions in revenues resulting from the public health emergency and faltering COVID-19 economy.

Our local partners, unlike the federal government, have a legal requirement to balance their budget. They do not have the luxury of carrying debt over year after year. We stand with our country’s governors, mayors, county officials, and tribal leaders in asking you to put politics aside and support our local partners. They cannot afford to wait any longer.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) led 37 of his Senate colleagues in pressing congressional leaders to make sure that any future coronavirus relief legislation includes strong measures to secure health care coverage for Americans in the wake of the novel coronavirus (COVID-19) crisis. In a letter, the Senators urged Senate and House leaders to take steps to ensure that those who have lost their employer-based benefits – and those who are uninsured or underinsured – do not have to face this major public health crisis without access to health insurance.

“As you know, the COVID-19 pandemic has significantly impacted the employment security, financial stability, and health care coverage of millions of American families,” wrote the Senators. “Congress has taken unprecedented steps to provide immediate relief to many of these families, but unfortunately – to date – Congress has not included significant coverage provisions in its legislative efforts to address COVID-19.” 

“We are in the midst of a global pandemic and strongly believe Congress has an imperative and moral obligation to act as soon as possible to get immediate assistance to Americans without healthcare coverage,” they continued. “Americans cannot and should not have to wait for the healthcare services they need during this global pandemic that is unprecedented during our time.” 

According to the U.S. Department of Labor (DoL), over 5.2 million Americans filed for unemployment in the week ending April 11. In the two weeks prior, 6.6 million and 6.8 million Americans filed for unemployment, respectively. With approximately half of all of Americans receiving their health care coverage from an employer, the COVID-19 crisis threatens to leave a vast number of individuals without health insurance during the largest public health crisis in a century, adding to the estimated 27 million people in the U.S. who do not currently have health care. 

In the letter, the Senator included the following initial recommendations that Congress should consider to ensure that Americans have access to health care coverage:

  • Strengthen Medicaid: As unemployment increases, states will see an influx of individuals eligible for and in need of Medicaid coverage. Congress should provide states with additional Medicaid Federal Medical Assistance Percentage (FMAP) support based on these unemployment rates for all Medicaid populations to help address this influx. In addition, Congress should provide late- and yet-to-expand states with additional supports and incentives to ensure states can appropriately cover the millions of people who lack coverage and expand coverage options where needed.
  • Re-open the ACA Marketplace and Provide Premium Relief to Enrollees: Congress should convey to the Administration the importance of using their existing authority to re-open the ACA health care exchanges to ensure that uninsured individuals can immediately enroll in health care coverage. Congress should also enhance assistance through the Advanced Premium Tax Credits (APTCs) to ensure more Americans can afford marketplace coverage.
  • Provide COBRA Assistance to Individuals with Employer Sponsored Plans: Congress should provide premium reimbursement to newly unemployed Americans that may need to pay the entire premium cost of the employer sponsored healthcare coverage they previously elected in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

Sen. Warner was joined in the letter by U.S. Sens. Doug Jones (D-AL), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), Tom Carper (D-DE), Tim Kaine (D-VA), Tammy Baldwin (D-WI), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Kamala Harris (D-CA), Sherrod Brown (D-OH), Kirsten Gillibrand (D-NY), Ben Cardin (D-MD), Chris Van Hollen (D-MD), Tina Smith (D-MN), Tammy Duckworth (D-IL), Jeff Merkley (D-OR), Amy Klobuchar (D-MN), Gary Peters (D-MI), Jacky Rosen (D-NV), Maggie Hassan (D-NH), Bob Casey (D-PA), Angus King (ME-I), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Chris Coons (D-DE), Dianne Feinstein (D-CA), Martin Heinrich (D-NM), Debbie Stabenow (D-MI), Sheldon Whitehouse (D-RI), Jack Reed (D-RI), Bob Menendez (D-NJ), Chris Murphy (D-CT), Jon Tester (D-MT), Joe Manchin (D-WV), Tom Udall (D-NM), and Kyrsten Sinema (D-AZ).

Sen. Warner has been a longtime advocate of expanding access to health care. Last year, Sen. Warner introduced legislation to allow states that expand Medicaid after 2014 to receive the same full federal matching funds as states that expanded earlier under the terms of the Affordable Care Act.

 

A copy of the letter can be found here and below.

 

The Honorable Mitch McConnell                               

Majority Leader                                                         

United States Senate                                                 

317 Russell Senate Office Building                                         

Washington, D.C. 20510                                            

 

The Honorable Nancy Pelosi

Speaker 

United States House of Representatives

1236 Longworth H.O.B. 

Washington, DC 20515

 

The Honorable Charles E. Schumer                            

Minority Leader                                                         

United States Senate                                                  

322 Hart Senate Office Building                                 

Washington, D.C. 20510                                            

 

The Honorable Kevin McCarthy 

Minority Leader 

United States House of Representatives 

2468 Rayburn House Office Building 

Washington, D.C. 20515

 

Dear Leader McConnell, Speaker Pelosi, Leader Schumer and Leader McCarthy:

 

We are writing to urge you to ensure that any upcoming legislation regarding the COVID-19 pandemic includes strong measures to secure continuity in health care coverage for Americans who have lost their employer based benefits and additional individuals who are otherwise uninsured or underinsured. As you know, the COVID-19 pandemic has significantly impacted the employment security, financial stability, and health care coverage of millions of American families. Congress has taken unprecedented steps to provide immediate relief to many of these families, but unfortunately – to date – Congress has not included significant coverage provisions in its legislative efforts to address COVID-19. 

According to the Department of Labor, 6.6 million Americans filed for unemployment in the week ending April 4 and the 6.8 million in the week prior to that[1]. This astounding number is even more concerning knowing that approximately half of all of Americans receive their health care coverage from an employer[2]. In addition to individuals that may be newly uninsured due to their employment status – there are an estimated 27 million additional Americans entirely without health care coverage[3] and an increasing number of underinsured Americans. The number of underinsured Americans could continue to grow as individuals are increasingly pushed into skimpier and more expensive plans that often do not provide the same strong consumer protections as plans on the Affordable Care Act’s (ACA) health care exchanges. We are in the midst of a global pandemic and strongly believe Congress has an imperative and moral obligation to act as soon as possible to get immediate assistance to Americans without healthcare coverage. 

Below are our initial recommendations we believe Congress should consider to ensure Americans have access to health care coverage: 

  • Strengthen Medicaid: As unemployment increases, states will see an influx of individuals eligible for and in need of Medicaid coverage. Congress should provide states with additional Medicaid Federal Medical Assistance Percentage (FMAP) support based on these unemployment rates for all Medicaid populations to help address this influx. In addition, Congress should provide late- and yet-to-expand states with additional supports and incentives to ensure states can appropriately cover the millions of people who lack coverage and expand coverage options where needed.
  • Re-open the ACA Marketplace and Provide Premium Relief to Enrollees: Congress should convey to the Administration the importance of using their existing authority to re-open the ACA health care exchanges to ensure that uninsured individuals can immediately enroll in health care coverage. Congress should also enhance assistance through the Advanced Premium Tax Credits (APTCs) to ensure more Americans can afford marketplace coverage.
  • Provide COBRA Assistance to Individuals with Employer Sponsored Plans: Congress should provide premium reimbursement to newly unemployed Americans that may need to pay the entire premium cost of the employer sponsored healthcare coverage they previously elected in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA).

In addition to the initial recommendations listed above we are ready and willing to work with you on additional policies that address this issue, but implore you to act quickly. Americans cannot and should not have to wait for the healthcare services they need during this global pandemic that is unprecedented during our time. Thank you for your attention to this request and we look forward to working with each of you on this critical issue moving forward.

 

Sincerely, 

 

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Today, U.S. Sens. Mark Warner (D-VA, Joe Manchin (D-WV) and seven Senators called for the Mine Safety and Health Administration (MSHA) to implement emergency standards to protect America’s brave coal miners who continue to power our nation during the COVID-19 pandemic. 

“Coal miners are the backbone of this country; they have always risked their lives to provide the power that keeps our lights on and the energy flowing to our homes and businesses. When it comes to the coal industry, the health and safety of our miners must continue to be our top priority. Again, we strongly urge MSHA to immediately issue the emergency standards necessary to protect our nation's miners as we work toward finding solutions to the current public health crisis,” the Senators said in part.

Senator Manchin is joined by Senators Sherrod Brown (D-OH), Dick Durbin (D-IL), Bob Casey (D-PA), Tim Kaine (D-VA), Doug Jones (D-AL), Tammy Duckworth (D-IL), and Mark Warner (D-VA).

 

The letter can be read in full below or click here.

 

Dear President Trump: 

We write to echo the request of America’s coal miners by urging the Mine Safety and Health Administration (MSHA), the federal government's principal agency directed to prevent mine illness, injury, and death, to exercise its authority to issue emergency standards to safeguard miners as the nation continues to grapple with the COVID-19 pandemic. 

As you are well aware, coal miners are especially prone to the dangers of COVID-19 because of the nature of their work. Unlike other professions where social distancing recommendations are practicable, coal mining requires the continuous clustering of people working in close proximity of one another. Clustering usually begins in the locker rooms where miners prepare for the day's shift by putting on their protective gear. It continues when the miners climb into their mantrips, mine cars, and elevators where they are carried to the extraction sites. While there, the miners will breathe the same air, utilize the same machinery, tools, and instrumentalities to move the coal out of the mine and into the stream of commerce. Once their shifts conclude, the miners will return to the locker rooms, utilize showering facilities, and exchange orders with the next shift before heading home to their families. This process repeats itself between every shift, and at every mine, exponentially increasing the probability of exposure to the COVID-19 virus. 

We understand that individual mine operators and local unions have implemented their own measures in an attempt to mitigate the risks of exposure to this highly contagious virus. However, we believe that a uniform implementation of practices detailed within an MSHA emergency standard would ensure that the highest level of precautionary measures were in place at every mine. 

Coal miners are the backbone of this country; they have always risked their lives to provide the power that keeps our lights on and the energy flowing to our homes and businesses. When it comes to the coal industry, the health and safety of our miners must continue to be our top priority. 

Again, we strongly urge MSHA to immediately issue the emergency standards necessary to protect our nation's miners as we work toward finding solutions to the current public health crisis. Thank you in advance for your prompt attention to this matter.

 

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Bernie Sanders (I-VT), Doug Jones (D-AL) and Richard Blumenthal (D-CT) today released a proposal to establish a ‘Paycheck Security’ program to cover the wages and benefits of employees of affected businesses and non-profits until the economic and public health crisis is resolved.

“The health and economic crisis brought on by COVID-19 is unprecedented in American history. More than 22 million people have already filed unemployment claims, and projections suggest that the unemployment rate could top that of the Great Depression by this summer if Congress does not do more to help businesses and workers stay afloat,”said Sen. Warner. “While Congress quickly took some steps with the PPP program and expanding access to disaster relief loans, these early lifelines will not be enough on their own to prevent more job losses and alleviate the economic uncertainty. It will be much less costly to our economy and our country in the long run if we can offer direct grants to businesses facing heavy losses so that they can keep workers on payroll and benefits through the next several months of this crisis. Otherwise, we could see millions more businesses go bankrupt, leave millions more Americans out of work, and make it that much harder to get our economy going again once we get through this public health emergency.”

“With 22 million Americans filing for unemployment and up to 35 million expected to become uninsured, we are the only wealthy nation on Earth where our people are losing jobs and health care at precisely the moment that they need them the most,” said Sen. Sanders. “This is a man-made crisis. Our job now is to join the rest of the industrialized world and pass the Paycheck Security Act. This is not a partisan issue: People across the political spectrum agree that Congress has got to build upon previous legislation to keep people on their employers’ payrolls and fully restore the wages and benefits of every rank-and-file worker in America during this pandemic.”

“While we’re taking drastic steps to ensure the health and safety of the American people, we must also keep our hard-hit small businesses and their employees financially secure,” Sen. Jones said. “The Paycheck Security Act will put existing infrastructure to work to help companies maintain payroll while cutting the red tape that’s slowing down relief to the American workers who need it most. Folks on both sides of the aisle agree we have to do more at the federal level to help small businesses and their employees, especially as it appears we’ll have a slow, staggered process to get folks back to work. This proposal is a creative solution that we can be implemented quickly to help businesses and workers in Alabama and across the country.”

“Instead of allowing businesses to go into free fall and trying to pick up the pieces later, we’re proposing a guardrail at the edge of the precipice. Our plan gives workers the steady comfort of a consistent paycheck from an employer they can go back to when the crisis abates. And we’re offering business the ability to hold onto those workers, so they can start up again as easily as possible. If we fail to take aggressive relief measures now, we’ll kneecap our future recovery,” said Sen. Blumenthal.

Under the terms of the Senators’ paycheck security proposal: 

All employers who have suffered a month-over-month drop in revenues of at least 20 percent will be eligible to receive grants covering a portion of payroll and benefits for at least the next six months.

Grants will cover salaries and wages up to $90,000 for each furloughed or laid off employee, plus benefits, as well as up to an additional 20 percent of revenues to cover fixed operating costs such as rent, utilities, insurance policies, and maintenance.

Employers and non-profits of all sizes will be eligible if they can verify revenue losses and don’t otherwise have more than 18 months of their payroll available in cash.

Businesses that have received a Paycheck Protection Program loan or an Economic Injury Disaster Loan, or have otherwise accessed the Federal Reserve 13(3) facilities, will be ineligible, unless they exhaust these other programs or use the Payroll Security Program grant to pay back their existing loans.

The Senators released an extensive white paper detailing eligibility, verification, and other contours of their proposal, which is available here.

“We are headed toward catastrophic levels of unemployment–20% or higher–and we must act to ensure that millions more workers are paid for as long as this crisis endures by making support for employers who keep workers on payroll simpler, faster and more universal. The Paycheck Security Act does just that,” said Richard L. Trumka, President, AFL-CIO.

“The Paycheck Security Act is a bold program of grants, not loans, appropriately scaled to meet the massive challenge facing workers and firms. Equally important, it’s designed to be quickly and efficiently executed,” said Jared Bernstein, Center on Budget and Policy Priorities.

“The Paycheck Security proposal is the right solution at the right time.  It supports workers, keeps businesses afloat, and plays an oversized told in saving the American economy,” said John Bridgeland, former Director of the White House Domestic Policy for George W. Bush. “These Senators recognize that Congress should be supporting employment, not massive unemployment.  We need this smart proposal to be enacted now. 

“The most important thing we can do for workers and our economy is keep as many people as possible connected to their jobs, paychecks and healthcare. The best way to do that is to make it easy for employers to keep payroll running--regardless of whether workers are coming in--and at the same time to rein in the worst corporate behavior. That's what we did for aviation workers in the CARES Act, and it's what the Paycheck Security Act would accomplish for tens of millions more workers,” said Sara Nelson, the International President of the Association of Flight Attendants-CWA, AFL-CIO. 

“To prevent another Great Depression, the government must protect workers and businesses while the coronavirus crisis rages. The Paycheck Security Act provides bold and much-needed support to our communities, allowing workers to remain on payroll and covered by their health insurance. It will save millions of jobs and put the United States on track for a faster recovery,” said Gabriel Zucman, Professor of Economics, University of California Berkeley.

Workers and their families are paying the price for going into the current crisis with a weak social insurance system and public safety net. Given this pre-existing weakness, transformative responses to this economic crisis have to be put together on the fly, and the Paycheck Security Act is a bold solution to provide needed relief during the lockdown period of the crisis and would put us in much better position to mount a rapid recovery once the public health all-clear was sounded,” said Josh Bivens, Director of Research, Economic Policy Institute.

“The Paycheck Security Act addresses the issue we face head on: government keeps businesses alive and workers paid and safe while our economy is in hibernation. It will save tens of millions of jobs and millions of businesses from destruction. Our people and economy will be able spring back to work as soon as it is safe to do so,” said Emmanuel Saez, Professor of Economics, University of California Berkeley.

“We're thrilled the Senators are seeking long-term grant assistance for businesses harmed by COVID-19 in his proposal for the Paycheck Security Program,” said John Arensmeyer, CEO of Small Business Majority. “This will provide a much more streamlined process that will allow businesses to continue to operate and keep people employed, and it will help the most vulnerable small businesses that have been left behind by the inefficient and underfunded Paycheck Protection Program (PPP). The Senators’ proposal addresses the needs of businesses and their employees now and throughout the rest of this crisis, reducing the need to keep going back to Congress for band-aid fixes.”  

"The Senators visionary Paycheck Security proposal is exactly the solution we need. It will save the American Economy and protect tens of millions of Americans from the fear of never ending unemployment, the loss of their livelihood and the sense of purpose that comes through having a job," said Alan Khazei, City Year Co-Founder. "Congress and the Administration should enact Paycheck Security now. It will avoid another Great Depression and enable the engine of the American economy to restart as soon as the health crisis lifts. If we don't do this, millions of small businesses will close permanently, tens of millions of people will suffer needlessly and the character of America and our Main Street communities will never be the same."

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sen. Dick Durbin (D-IL) and 16 Senators in a letter to Senate Majority Leader Mitch McConnell (R-KY) and Senate Democratic Leader Chuck Schumer (D-NY) to ensure that any forthcoming COVID-19 legislation includes robust federal subsidies so that individuals who lose their job as a result of this pandemic can maintain their employer-sponsored health coverage. 

One option for Americans who lose their jobs, or drop below the hours necessary to be eligible for employer-sponsored health coverage, is COBRA. COBRA allows people to keep the employer-sponsored coverage that they selected for up to 18 months.  However, instead of having employers contribute to the premium costs, individuals are responsible for having to pay the full insurance premium themselves—an average of $1,700 a month for a family plan—which is often unaffordable for those newly unemployed.  In today’s letter, the Senators called on Congress to craft a bill that provides a robust federal COBRA premium subsidy for individuals who would otherwise lose their employer-sponsored coverage as a result of the COVID-19 pandemic.

“Allowing families to maintain the coverage they previously selected will help ensure continuity of care and limit disruption for both families and employers as our economy gets back on track,” the Senators wrote.  “We stand ready and eager to work with you to ensure that the next COVID-19 relief package includes this important policy, which will ensure that millions of people losing their jobs as a result of this pandemic will not also suddenly become uninsured and at risk for catastrophic health care costs.” 

In the U.S., over half of Americans receive their health coverage through their employer.  Depending on the extent of unemployment as a result of the coronavirus pandemic, between 23 to 35 million workers could end up losing their employer-based health care coverage. 

Along with Durbin, today’s letter is also signed by Senators Amy Klobuchar (D-MN), Tom Carper (D-DE), Jeanne Shaheen (D-NH), Sherrod Brown (D-OH), Jacky Rosen (D-NV), Catherine Cortez Masto (D-NV), Bob Menendez (D-NJ), Jack Reed (D-RI), Doug Jones (D-AL), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Michael Bennet (D-CO), Tammy Duckworth (D-IL), Debbie Stabenow (D-MI), Richard Blumenthal (D-CT), and Brian Schatz (D-HI). 

Full text of the letter is available here and below:

 

April 16, 2020
           
Dear Leaders McConnell and Schumer: 

Thank you for your efforts to date to ensure swift passage of multiple bipartisan pieces of legislation vital to helping our nation’s families, health care providers, and small businesses cope with the ongoing COVID-19 pandemic. Looking forward, we recognize that additional legislation will be necessary to improve the public health and America’s ailing economy. To that end, we strongly urge you to ensure that any forthcoming COVID-19 package include robust federal subsidies so that individuals can maintain on their employer-sponsored health coverage when they lose their jobs.

Over the last three weeks, approximately seventeen million people have filed unemployment claims in their state. However, this unprecedented number of filings only reflects claims filed through April 4. Many more Americans are likely out of work, or soon will be, because of the COVID-19 pandemic. Forecasters predict that as many as 20 million people could lose their jobs by the end of April. Compounding this problem is the fact that unemployment for these individuals and their families will also mean they will lose their existing employer-sponsored health insurance. 

In the U.S., over half of Americans receive their health coverage through their employer. Of the seventeen million Americans who have recently lost their jobs due to COVID-19, it is estimated that more than six million of these individuals have also lost their employer-sponsored health care. Depending on the extent of unemployment, between 23 to 35 million workers could lose their coverage.  

One option for Americans who lose their jobs, or drop below the hours necessary to be eligible for employer-sponsored health coverage, is COBRA. COBRA allows people to keep the employer-sponsored coverage that they selected for up to 18 months. However, people have to pay the full insurance premium—an average of $1,700 a month for a family plan—which is often unaffordable for those newly unemployed. Congress must step in and assist these individuals and families.

Following the 2008 financial crisis, the American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law, which made COBRA continuation coverage more affordable and accessible to those who unexpectedly became unemployed. The law offered a 65 percent COBRA premium subsidy to individuals from September 1, 2008 to May 31, 2010. While well-intentioned and helpful to some, many individuals were unable to participate in the program because the remaining 35 percent insurance costs were still too expensive for them to cover.

We have heard from our constituents, as we know you have too. They are in dire economic circumstances. Despite government relief—in the form of extending monthly bill deadlines and increasing unemployment insurance—it will not be enough for most Americans to continue affording the health insurance policy they and their families elected through their employer’s plan. Allowing families to maintain the coverage they previously selected will help ensure continuity of care and limit disruption for both families and employers as our economy gets back on track. In order to provide our constituents adequate relief and to improve upon ARRA’s COBRA provision, we believe Congress must craft a bill that provides a robust federal COBRA premium subsidy for individuals who would otherwise lose their employer-sponsored coverage as a result of the COVID-19 pandemic.

We stand ready and eager to work with you to ensure that the next COVID-19 relief package includes this important policy, which will ensure that millions of people losing their jobs as a result of this pandemic will not also suddenly become uninsured and at risk for catastrophic health care costs. 

Sincerely,

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