WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged the Trump Administration to work with the European Commission and other European aviation officials to address the negative economic and environmental impacts of a rule that is forcing airlines to fly nearly empty “ghost flights” in the wake of the novel coronavirus (COVID-19) outbreak.

“Amid the spread of the coronavirus, airlines around the world have seen passenger levels drop dramatically. This month, the International Air Transport Association said that global revenue losses for passenger business could be between $63 and $113 billion,” wrote Sen. Warner in a letter to Secretary of Transportation Elaine Chao and Secretary of State Mike Pompeo. “With demand dropping, there have been reports of air carriers flying “ghost flights” – in many cases with less than 40% of the aircraft occupied – in order to meet their slot requirements at European airports. In addition to the costs to airlines of running these flights, we should be concerned about the environmental impact of running undersold and empty flights for the sole purpose of maintaining global slots.”

“Some slot regulations have been relaxed around the world, in particular with regard to flights to and from mainland China. However, I urge European officials to make similar moves to provide flexibility around slot allocation rules,” he continued. “The response to this virus is truly a global concern, and we must recognize that certain norms need to be reviewed, as the world takes appropriate measures to slow the outbreak.”

The current “use-it-or-lose-it” rule requires that airlines fill 80 percent of the slots allocated to them at major European airports in order to keep the same slots in the next season. However, as demand for flights has fallen due to the coronavirus outbreak, airlines have been forced to fly nearly empty flights in order to keep their European airport slots.  

Around the world, the novel coronavirus has sickened more than 113,000 people and killed more than 4,000 people to date. In the Commonwealth of Virginia alone, there have been eight identified cases of the virus.

In his letter, Sen. Warner noted that the regulation governing the “use-it-or-lose-it” rule allows for non-use of the slots in “unforeseeable and irresistible cases outside the air carrier's control.” He also highlighted that this exemption has been previously used, following the September 11, 2001 terrorist attacks, and amid the SARS outbreak in 2003.

A copy of the letter is available here and below. A list of Sen. Warner’s work on coronavirus is available here.

March 10, 2020

The Honorable Elaine Chao

Secretary of Transportation

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington, D.C. 20590

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

Dear Secretary Chao and Secretary Pompeo:

As the United States and governments around the world react to the outbreak and spread of the novel coronavirus, or COVID-19, I write to urge you to work with the European Commission and other European aviation officials to address the potential negative impacts of the so-called “use-it-or-lose-it” rule at European airports as a result of COVID-19. 

The novel coronavirus has sickened more than 113,000 people around the world, and killed more than 4,000 people to date.  While this situation is rapidly evolving around the world, including in the United States and Europe, the U.S. Centers for Disease Control and Prevention has said the potential public health threat posed by COVID-19 is very high and the spread of the disease in other countries shines a light on the need for a whole-of-society response.

The EU’s slot regulation rule, or “use-it-or-lose-it,” requires that airlines fill 80 percent of the slots allocated to them at major European airports in order to keep the same slots in the next season.  Amid the spread of the coronavirus, airlines around the world have seen passenger levels drop dramatically.  This month, the International Air Transport Association said that global revenue losses for passenger business could be between $63 and $113 billion.  With demand dropping, there have been reports of air carriers flying “ghost flights” – in many cases with less than 40% of the aircraft occupied – in order to meet their slot requirements at European airports.  In addition to the costs to airlines of running these flights, we should be concerned about the environmental impact of running undersold and empty flights for the sole purpose of maintaining global slots.

Some slot regulations have been relaxed around the world, in particular with regard to flights to and from mainland China.  However, I urge European officials to make similar moves to provide flexibility around slot allocation rules.  The regulation governing the rule allows for non-use of the slots for “unforeseeable and irresistible cases outside the air carrier's control.”  The Commission has invoked this exemption before, in 2002 following the terrorist attacks on September 11, 2001, in 2003 amid the SARS outbreak, and in other cases of global financial stress on airlines.

The response to this virus is truly a global concern, and we must recognize that certain norms need to be reviewed, as the world takes appropriate measures to slow the outbreak.  I encourage you to work with stakeholders to ensure the stability of passenger-travel industries.  I ask that you keep me apprised of your efforts in this matter – I stand ready to help in any way I can.

Sincerely,

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sounded the alarm regarding America’s overreliance on Chinese- and foreign-made pharmaceutical products and supplies, and highlighted the dangerous consequences of this dependence on the wellbeing of Americans and on U.S. national security. In a letter to the U.S. Department of Health and Human Services, Sen. Warner requested that HHS develop a short-term strategy to ensure Americans have access to necessary medical products, and a long-term plan to reduce reliance on foreign supply chains.

“For millions of Americans, access to their drug supply can mean life or death. Yet increasingly, the United States produces very few of these products domestically,” wrote Sen. Warner. “For example, the active ingredients for medicines treating breast and lung cancers and the antibiotic Vancomycin are made almost exclusively in China.  China is also the largest supplier of medical devices, such as MRI equipment, surgical gowns and other equipment that measures oxygen levels in the blood.”

“As the outbreak for COVID-19 has occurred, the risks of our dependence are growing.  Our reliance on Chinese and other foreign API manufacturing facilities during this crisis is already beginning to compromise the U.S. drug supply, creating drug shortages and manufacturing quality problems. Some countries have increased restrictions on the export of their pharmaceuticals to the United States and other countries as they work to protect their own populations. For example, India recently decided to place restrictions on exporting Tylenol and the common antibiotic metronidazole to ensure Indian citizens have the pharmaceuticals they need,” he continued. “The nation’s dependence on foreign countries for medical products points to a much larger challenge that the United States must be prepared to address: China’s growing dominance in the health sector, including the biotechnology and pharmaceutical industries, and its collection of vast amounts of biomedical and other data, with potential long-term privacy risks for Americans.”

In the letter, Sen. Warner cited the testimony of Janet Woodcock, the Director of the Center for Drug Evaluation and Research who testified before the House Committee on Energy and Commerce about the growing U.S. reliance on foreign sources of active pharmaceutical ingredients (APIs). According to Director Woodcock, only 28 percent of manufacturing facilities making APIs for the U.S. market are in the United States, and three of the “essential medicines” identified by the World Health Organizations have API manufacturers that are based only in China.  

Additionally, Sen. Warner requested a briefing and a written response to the following questions:

1. What actions has HHS taken to address the dependence on Chinese or other foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment since the outbreak of the COVID-19?
2. What is your strategy to ensure that Americans get the pharmaceuticals they need if significant shortages occur? 
3. As the coronavirus continues to spread, what actions has HHS taken to ensure that patients can still access the drugs they need without access to drug components manufactured overseas?
4. What is your analysis of what drugs or ingredients cannot be made without supplies from China and other foreign countries?
5. What is your plan to ensure that medical facilities, medical personnel and first responders have a reserve of necessary medical supplies and equipment as they continue to be on the front lines of efforts to prevent the spread of COVID-19?
6. Congress recently passed the Coronavirus Preparedness and Response Supplemental Appropriations Act, which includes more than $2 billion for the Biomedical Advanced Research and Development Authority (BARDA) to invest in platform-based technologies with U.S-based manufacturing for vaccines and therapeutics. How will HHS ensure these funds effectively reduce our short and long-term reliance on foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment?

A copy of the letter is available here and below. A list of Sen. Warner’s work on coronavirus is available here.

Secretary Alex Azar

U.S. Department of Health and Human Services

200 Independence Avenue, S.W.

Washington, D.C. 20201

Dear Secretary Azar:

As the novel coronavirus (COVID-19) continues to spread globally, I write to convey my significant alarm over American overreliance on Chinese – and foreign-manufactured pharmaceutical products and medical supplies and the consequent dangerous impacts – both for the health and well-being of Americans and for U.S. national security.  I ask the Department of Health and Human Services to monitor the potential impact of this overreliance, and develop a strategy to ensure Americans have access to these medical products in the short-term while determining a longer-term plan to reduce U.S. reliance on foreign supply chains for these products.

As you are well aware, the COVID-19 was first detected in Wuhan, China and has now spread to more than 104 countries. There have been more than 109,000 cases confirmed and more than 3,800 deaths. For some time, experts both in and outside of the government have expressed serious concerns about the United States outsourcing medical products to foreign companies and the vulnerabilities resulting from this dependence. The outbreak of COVID-19 has put in stark relief the health, economic, and strategic risks of the current approach. 

For millions of Americans, access to their drug supply can mean life or death. Yet increasingly, the United States produces very few of these products domestically.  For example, the active ingredients for medicines treating breast and lung cancers and the antibiotic Vancomycin are made almost exclusively in China.  China is also the largest supplier of medical devices, such as MRI equipment, surgical gowns and other equipment that measures oxygen levels in the blood. 

During her October 30, 2019 testimony before the House Committee on Energy and Commerce, the Director of the Center for Drug Evaluation and Research, Janet Woodcock, asserted that the U.S. reliance on Chinese and other foreign sources of active pharmaceutical ingredients (APIs) was only growing. She described a set of startling statistics— while the United States has become a world leader in drug discovery and development over the past decade, it is no longer in the forefront of drug manufacturing.  In particular, manufacturers of APIs, including statins and penicillin are increasingly foreign-made– with only 28 percent of the manufacturing facilities making APIs for the U.S. market in the United States; thirteen percent of these manufacturers are located in China.   The U.S. pharmaceutical sector relies on China for components, materials, and finished products.   In fact, three World Health Organization (WHO) “Essential Medicines” have API manufacturers that are based only in China.   For drugs used to combat biological threats, China has 37 API manufacturing facilities, while the U.S. has 19, compared to 117 facilities in the rest of the world.  

As the outbreak for COVID-19 has occurred, the risks of our dependence are growing.  Our reliance on Chinese and other foreign API manufacturing facilities during this crisis is already beginning to compromise the U.S. drug supply, creating drug shortages and manufacturing quality problems. Some countries have increased restrictions on the export of their pharmaceuticals to the United States and other countries as they work to protect their own populations. For example, India recently decided to place restrictions on exporting Tylenol and the common antibiotic metronidazole to ensure Indian citizens have the pharmaceuticals they need.

The nation’s dependence on foreign countries for medical products points to a much larger challenge that the United States must be prepared to address: China’s growing dominance in the health sector, including the biotechnology and pharmaceutical industries, and its collection of vast amounts of biomedical and other data, with potential long-term privacy risks for Americans.

It is essential that the United States develop strategies to reduce U.S. reliance on China and other countries for drugs critical to American patients. I appreciate your willingness to work with Congress to further strengthen our response capabilities and emergency preparedness.

I respectfully request a briefing [and a written response] with answers to the following questions no later than March 23, 2020.

1. What actions has HHS taken to address the dependence on Chinese or other foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment since the outbreak of the COVID-19?
2. What is your strategy to ensure that Americans get the pharmaceuticals they need if significant shortages occur? 
3. As the coronavirus continues to spread, what actions has HHS taken to ensure that patients can still access the drugs they need without access to drug components manufactured overseas?
4. What is your analysis of what drugs or ingredients cannot be made without supplies from China and other foreign countries?
5. What is your plan to ensure that medical facilities, medical personnel and first responders have a reserve of necessary medical supplies and equipment as they continue to be on the front lines of efforts to prevent the spread of COVID-19?
6. Congress recently passed the Coronavirus Preparedness and Response Supplemental Appropriations Act, which includes more than $2 billion for the Biomedical Advanced Research and Development Authority (BARDA) to invest in platform-based technologies with U.S.-based manufacturing for vaccines and therapeutics. How will HHS ensure these funds effectively reduce our short- and long-term reliance on foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment?

I appreciate your immediate attention to this matter.  I look forward to working together on this critical issue moving forward.

Sincerely,

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) was joined by several members of the Senate Banking Committee in a pair of letters to financial regulators and trade groups urging our nation’s financial sector to prepare for the likely impacts of the coronavirus and take steps to protect consumers who may suffer financially as a result of a coronavirus outbreak.  

In a letter to leaders of the Federal Reserve, Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC), Consumer Financial Protection Bureau (CFPB), Federal Housing Finance Agency (FHDA), and Conference of State Bank Supervisors (CSBS), the Senators called on the regulators to provide financial institutions with guidance to help assist individuals and communities affected by coronavirus.

“As Americans seek to comply with CDC guidance and protect the well-being of their families, many consumers may face negative shocks to household finances, including challenges with paying their day-to-day bills, credit cards, student loans, small business loans and mortgage payments, among other financial obligations. Accordingly, we urge you to issue guidance to financial institutions encouraging them to work with consumers and businesses affected by the virus and to recognize that they may have difficulty accessing affordable credit and face temporary hardship in making payments on their credit obligations.  This guidance should encourage financial institutions to make efforts to modify terms on existing loans or extend new consumer-friendly access to credit to help consumers and businesses affected by the virus, consistent with safe-and-sound lending practices.  The guidance should also encourage financial institutions to take steps to prevent adverse information from being reported to the credit bureaus and utilized in any manner that harms consumers affected by the virus. We look forward to hearing swiftly from you about what steps you will take to provide regulatory clarity for financial institutions seeking to assist customers during this challenging time,” wrote Sen. Warner along with Sen. Sherrod Brown (D-OH), Ranking Member of the Committee, and Sens. Bob Menendez (D-NJ), Elizabeth Warren (D-MA), Brian Schatz (D-HI), Chris Van Hollen (D-MD), Catherine Cortez Masto (D-NV) and Doug Jones (D-AL).

A copy of the letter to financial regulators is available here.

In a separate letter, Sen. Warner and his colleagues urged trade associations representing the nation’s bankers and credit unions to work with their members to prioritize their employees’ health and safety in the event of coronavirus outbreak, and to offer flexibility and forbearance to customers whose finances may be negatively impacted as a result of following recommended Centers for Disease Control and Prevention (CDC) guidance to limit exposure and spread of the virus.

“We encourage your member institutions to commit to ensure that any employees or contractors who follow novel coronavirus-related guidance from public health authorities can count on basic protections like preservation of their employment status and basic financial forbearance,” wrote Sens. Warner, Menendez, Warren, Schatz, Van Hollen, Cortez Masto, Jones and Jack Reed (D-RI).

Added the Senators in the letter, copies of which were sent to the Consumer Bankers Association, Bank Policy Institute, American Bankers Association, Financial Services Forum, Credit Union National Association, National Association of Federally-Insured Credit Unions, and Independent Community Bankers of America, “Further, we urge you to work with your customers to ensure they are not financially penalized as they seek to comply with CDC guidance and protect the safety and wellbeing of their families.  Many of your customers may face shocks to household finances, including challenges with paying their day-to-day bills, credit cards, small business loans and mortgage payments, among other financial obligations.  Accordingly, we urge you to consider waiving overdraft and monthly service fees for affected customers, suspending or modifying student loan, mortgage and business loan payments as necessary, providing affordable, short-term credit, and encouraging customers to contact your institution’s special care line so that you may work with them individually to help them avoid the negative consequences of this unique health emergency.”

A copy of the letter to bankers is available here.

In a separate letter, Sen. Warner and Sen. Brown urged the Department of Housing and Urban Development (HUD), Fannie Mae and Freddie Mac to provide servicers with guidance in order to help facilitate access to affordable mortgage credit to affected borrowers, consistent with safety and soundness of the housing finance system. 

“As Americans seek to comply with CDC guidance and protect the well-being of their families, many borrowers may face negative shocks to household finances, including challenges with mortgage payments, among other financial obligations.  Accordingly, we urge you to issue guidance to mortgage servicers in order to help borrowers navigate the broader financial effects of the coronavirus.  This includes authorizing servicers to suspend or reduce a homeowner’s mortgage payments immediately if the servicer believes the homeowner’s financial circumstances are affected by the virus, waiving late fees, and suspending credit bureau reporting, foreclosures and other legal proceedings as necessary, in order to help families cope with the effects of this health emergency,” wrote Sens. Warner and Brown.

A copy of the housing finance letter is available here.

Lastly, Sen. Warner also fired off a letter to the nation’s credit reporting bureaus, Equifax, Experian and TransUnion, urging them to ensure that consumer credit scores aren’t negatively impacted because of financial shocks related to coronavirus.  

A copy of the letter to the credit reporting bureaus is available here.

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner led a group of seven Senators in urging the United States Office of Personnel Management (OPM) to commit that federal workers and contractors will not be penalized for following recommended health procedures to prevent further spread of the coronavirus.

In a letter sent to OPM Director Dale Cabaniss, the Senators wrote, “As the largest employer in the nation, it is paramount that the federal government lead by example and prioritize the health, economic well-being, and security of its employees and contractors as we mobilize to respond to the recent outbreak and spread of COVID-19. In addition to sharing recommendations from the Centers for Disease Control and Prevention (CDC) about when employees exhibiting systems should stay home, we urge you to clarify that federal employees and contractors who follow such guidance will not be at risk of income insecurity, disciplinary action, or any other adverse employment actions.”

The Senators continued, “We worry that OPM’s guidance to date does not demonstrate to our nation’s hardworking public servants that the federal government is prioritizing their health, well-being, and economic security. We urge you to swiftly develop and circulate guidance that does more to reassure them that they will not be penalized for heeding public health guidance, they will continue to receive pay while doing so, and they will not be expected to work while sick.” 

Specifically, the Senators called on OPM to:

• Clarify that federal employees and contractors who follow CDC guidance will not be at risk of income insecurity, disciplinary action, or any other adverse employment actions;
• Issue guidance immediately assuring federal employees and contractors that they will not be asked to choose between their ability to meet their financial obligations and their sense of duty to follow guidance that protects the public health;
• Direct agencies to take a generous and public health-facing position on expanding telework availability;
• Make clear that federal employees and contractors will not be expected to work while they or a loved one are ill and in need of rest, treatment, and/or recuperation—even if they have exhausted all of their available paid leave;
• Take proactive and ongoing steps to educate agencies and human resources officials on applicable categories of paid leave that workers may access;
• And work with health insurance providers to ensure federal employees can affordably access the preventive care and treatment they may need as a result of COVID-19. 

In addition to Sen. Warner, the letter was signed by Sens. Tim Kaine (D-VA), Ben Cardin (D-MD), Chris Van Hollen (D-MD), Mazie Hirono (D-HI), Brian Schatz (D-HI), Sherrod Brown (D-OH), and Gary Peters (D-MI).

###

WASHINGTON – Today, amid reports of the first cases of the novel coronavirus (COVID-19) in the national capital region, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) and Sens. Ben Cardin and Chris Van Hollen (both D-MD) urged the Washington Metropolitan Area Transit Authority (WMATA) to continue to work to ensure the safety of employees and travelers who rely on Metro trains, buses, and other facilities. In a letter to WMATA General Manager and CEO Paul J. Wiedefeld, the Senators urged WMATA to continue activating its Pandemic Flu Plan as it closely monitors the outbreak of the virus.  

“WMATA provides critical transit services for millions of people in the Washington D.C. region, including thousands of commuters and tourists. Each weekday, Metro trains carry an average of 634,000 passengers, with an additional 359,000 passengers riding Metro buses,” wrote the Senators. “The Metro transit system forms the backbone of travel infrastructure in our area, making WMATA’s coronavirus preparations a critically important part of protecting Washington area residents and visitors to our region.” 

“As are many Americans, we are concerned that with the fast-paced spread of the virus, it is inevitable that we will see additional cases in our area. We want to ensure every effort is being made to slow the spread of the virus through our travel centers – particularly our mass transit systems,” continued the Senators. “While many Americans will need to practice social distancing in some way, we recognize that traveling via Metro, for many, is a requirement of their daily lives. That is why we hope that you will continue to do everything possible to ensure the safety of travelers who use Metro services in the coming weeks and months.”

As the capital region’s main transportation system, WMATA is critically important to the functioning of the U.S. federal government. About 40 percent of Metro’s daily ridership during rush hour consists of federal employees who commute to hundreds of federal facilities in the national capital region.  

In their letter, the Senators emphasized the importance of slowing the spread of the virus in order to provide health care professionals time to prepare for a potential outbreak. They also urged WMATA and its Pandemic Task Force to continue to monitor COVID-19-related developments and keep the Senators apprised of its ongoing response to the virus.

The letter is available here and below.

Mr. Paul J. Wiedefeld

General Manager and CEO

Washington Metropolitan Area Transit Authority

600 5th Street, N.W.

Washington, D.C. 20001

Dear Mr. Wiedefeld:

As many organizations around the country formulate their responses to the recent outbreak and spread of the novel coronavirus, or COVID-19, we write to discuss the steps the Washington Metropolitan Area Transit Authority (WMATA) is taking to protect employees and travelers who use Metro trains, buses, and other facilities throughout Virginia, Maryland, and the District of Columbia. 

WMATA provides critical transit services for millions of people in the Washington D.C. region, including thousands of commuters and tourists.  Each weekday, Metro trains carry an average of 634,000 passengers, with an additional 359,000 passengers riding Metro buses.  Roughly 40% of Metro’s daily ridership during rush hour consists of federal employees who are commuting to hundreds of federal facilities in the national capital region.  The Metro transit system forms the backbone of travel infrastructure in our area, making WMATA’s coronavirus preparations a critically important part of protecting Washington area residents and visitors to our region.

As the first cases of COVID-19 in the Washington D.C. region were confirmed in the last 24 hours, we appreciate that you have released information publically about WMATA’s preparations, including activating the initial phase of its Pandemic Flu Plan on January 29, 2020, based on early reports that COVID-19 had the potential to reach pandemic status.  We understand that subsequent phases will be activated following an outbreak of confirmed cases in the Metro service area.  As part of the Pandemic Flu Plan, WMATA has stood up its Pandemic Task Force, chaired by WMATA’s Chief Safety Officer.  Metro has taken the following steps to date: 

• Set up direct lines of communication with the Centers for Disease Control (CDC), local and state public health authorities, and other transit systems.
• Increasing Metro’s on-hand warehouse inventory of essential supplies, such as hospital-grade disinfectant, wipes, face masks, gloves, hand sanitizer, and other items used by Metro’s front-line employees.
• Established daily absenteeism monitoring across the workforce to quickly detect any significant change in employees illness patterns.
• Reviewed cleaning protocols and modifications where deemed effective and appropriate, based on medical guidance.
• Initiated regular communication with the workforce to keep employees informed about the disease, our response, and guidance to prevent the spread of illness.

As are many Americans, we are concerned that with the fast-paced spread of the virus, it is inevitable that we will see additional cases in our area.  We want to ensure every effort is being made to slow the spread of the virus through our travel centers – particularly our mass transit systems.  While many Americans will need to practice social distancing in some way, we recognize that traveling via Metro, for many, is a requirement of their daily lives.  That is why we hope that you will continue to do everything possible to ensure the safety of travelers who use Metro services in the coming weeks and months.  The more we can slow the spread of the virus, the more time it gives healthcare professionals in our area to prepare, which will result in better care for those potentially affected. 

As WMATA and the Pandemic Task Force continue to monitor COVID-19-related developments and activate Metro’s Pandemic Flue Plan, we urge you to continue your devotion to passenger safety and the ability to quickly take necessary actions, and continue consulting with public health authorities.  We also ask that you please keep us apprised of your ongoing response to the virus.  We stand ready to help in any way we can.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued a statement today after the Senate approved a bipartisan emergency funding bill to combat the coronavirus (COVID-19) on a 96-1 vote:

“We are pleased that Congress quickly passed this important coronavirus response package on a bipartisan basis, and with sufficient funding to meet the threat posed by the COVID-19 outbreak. While the Trump Administration's initial $1.25 billion request fell far short of what state and federal agencies need to combat the spread of coronavirus, this $8.3 billion package will immediately direct needed resources to Virginia and other states – including funding for diagnostic testing, vaccine development, and additional resources for state and local responders who are on the front lines of a potential pandemic,” said the Senators. “This legislation is about making sure costs don't get in the way of a strong response to the threat posed by the coronavirus. Once it is signed into law, the Commonwealth will immediately receive $13.3 million in federal funding to help cover the costs of preparations for this public health emergency.”

“With the President's signature, state and local agencies in Virginia will be able to apply for further federal funds to reimburse for the costs of detecting, tracking and controlling the spread of the virus. While Virginia is fortunate that we have not experienced an outbreak, this bill sets aside $350 million that will be available to local authorities if our region does get hit. It also provides $500 million for masks, medication, protective equipment, and other much-needed medical supplies that can be distributed directly to hospitals and local health care providers. We are committed to working with federal, state and local health officials to make sure the Commonwealth is getting the federal support it needs to prepare for coronavirus, and we encourage all Virginians to follow the guidance of public health professionals to protect against its spread,” concluded the Senators.

The legislation also includes language based on Sen. Warner’s CONNECT for Health Act of 2019, which reduces restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

Earlier today, the Sens. Warner and Kaine wrote to the leadership of the Virginia Chamber of Commerce encouraging the organization's member businesses to commit that workers will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus. Sen. Warner also led a group of 14 Senators in urging major U.S. employers to make the same commitment. 

In a letter sent yesterday, the Senators urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness. In a separate letter, the Senators called on the Trump Administration to end efforts to undermine the Affordable Care Act that could jeopardize America's coronavirus response.

These letters represent the latest in a series of efforts by the Senators to push for a robust response to the threat of coronavirus. In January, Sens. Warner and Kaine asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources needed to respond to the coronavirus. Earlier this week, in a letter to Vice President Mike Pence – who has been tasked with coordinating the federal government’s coronavirus response – Sen. Warner expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus and urged the Vice President to devote the resources, expertise, and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public. This week, Sen. Kaine joined letters calling on Secretary of Education Betsy DeVos and Secretary of Labor Eugene Scalia to provide details on their Departments’ plans for preparedness and response efforts to protect the safety and health of students, teachers, school staff, and workers in light of the emerging threat of the novel coronavirus.

The House of Representatives passed this coronavirus response package yesterday by a 415-2 vote. With Senate approval, the bill now heads to the President's desk, and President Trump has announced he intends to sign it into law.

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WASHINGTON- U.S. Senator John Cornyn (R-TX), Senate Select Committee on Intelligence Chairman Richard Burr (R-NC), and Vice Chairman Mark Warner (D-VA) issued the following statements after the Senate passed their legislation, the Secure 5G and Beyond Act, yesterday to require the President to develop a strategy to ensure the security of next-gen mobile telecommunications systems and infrastructure in the United States, as well as assist allies in maximizing the security of their systems, infrastructure, and software:

“As our telecommunications technology advances, we must have plans in place to keep it secure from foreign interference,” said Sen. Cornyn. “I’m grateful to my colleagues for recognizing the risks that come along with the rewards of 5G technology, and I urge the House to pass this legislation as soon as possible.”

“It’s imperative we not only understand the revolutionary value of next-gen communications, but also the security measures required to ensure the deployment of safe and secure 5G networks,” said Sen. Burr. “I’m proud to work with my colleagues on this important legislation, which will bring together a variety of industry experts, further protect Americans’ privacy rights, and better equip our nation with a comprehensive strategy as we continue to be a global leader in technology.”

“5G promises to usher in a new wave of innovations, products, and services. At the same time, the greater complexity, density, and speed of 5G networks relative to traditional communications networks will make securing these networks harder and more complex. It’s why we need a coherent, national strategy to harness the advantages of 5G in a way that addresses those risks,” said Sen. Warner.

Background on the Secure 5G and Beyond Act:

• Requires the President to create an inter-agency strategy to secure 5th generation and future generation technology and infrastructure in the United States and with our strategic allies.
• Designates NTIA to coordinate implementation of the plan in coordination with: the Chairman of the FCC, the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, Secretary of State and the Secretary of Defense.
• Ensures that the strategy and implementation plan do not include a recommendation to nationalize 5th generation deployment or future generations of mobile telecommunications infrastructure in the United States.

Senator John Cornyn, a Republican from Texas, is a member of the Senate Finance, Intelligence, and Judiciary Committees.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led a group of 14 Senators in urging major U.S. employers to commit that workers will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus.

In a letter to major industry groups, which together represent thousands of major companies employing millions of Americans, the Senators wrote, “As the United States mobilizes to respond to the recent outbreak and spread of COVID-19, the novel coronavirus, we write to urge your member companies to prioritize their employees’ health, economic well-being, and security during this response. The companies you represent are some of the largest, most high profile companies in the United States.  The broader business community watches their actions closely and we believe they have an opportunity, and an obligation, to lead in this moment.”

Continued the Senators, “No one should be penalized by their employer or put in any financial duress for following CDC guidance. To that end, we encourage your member companies to commit to ensure that any employees or contractors who follow novel coronavirus-related guidance from public health authorities can count on basic protections like preservation of their employment status and basic financial forbearance.”

Specifically, the Senators called on employers to:

• Ensure that workers will not lose their jobs if they are forced to self-quarantine or stay home to care for a sick family member;
• Not require employees under quarantine to deplete sick or annual leave;
• Offer flexible scheduling options, including telework and unscheduled leave, if employees are unable to report to work;
• Ensure workers have access to financial assistance in the event of a sustained or widespread disruption due to coronavirus;
• And work with insurance providers to ensure that workers can affordably access preventive care and treatment for coronavirus.

In addition to Sen. Warner, the letter was signed by Sens. Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY), Sherrod Brown (D-OH), Tim Kaine (D-VA), Doug Jones (D-AL), Sheldon Whitehouse (D-RI), Ben Cardin (D-MD), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Mazie Hirono (D-HI), Bob Menendez (D-NJ), and Chris Van Hollen (D-MD). Copies of the letter were sent to the Business Roundtable, the U.S. Chamber of Commerce and the National Association of Manufacturers.

A similar letter was sent to the Virginia Chamber of Commerce by Sens. Warner and Kaine.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Patty Murray, Ron Wyden and 35 of their Democratic colleagues in demanding that Secretary of Health and Human Services (HHS) Alex Azar take immediate action to address the many ways the Trump Administration’s health care sabotage has undermined our preparedness for and ability to respond to the novel coronavirus outbreak. Specifically, the Senators asked Secretary Azar to commit to making any potential coronavirus vaccine affordable to all, stop promoting junk plans that don’t cover the care necessary to prevent the spread of the virus, and stop promoting efforts to undermine Medicaid that jeopardize people’s health care.

Warner and Kaine believe no patient should be discouraged from accessing necessary medical care because of the risk of large bills or a lack of health coverage—especially the midst of a public health threat. But, as the Senators outlined in their letter to Azar, the Trump Administration has advanced a laundry list of policies that have made it harder for patients to get care, and thus weakened our ability to respond effectively to the coronavirus outbreak.

“When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being deterred by the risk of large bills. Patients often forego recommended tests and treatments because of cost,” said the Senators. “For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it, and this Administration’s numerous policies that make it harder for patients to get care during an outbreak.”

The Senators urged HHS to prioritize our nation’s public health and:

• Commit to ensuring any future coronavirus vaccine is affordable for all. The Trump Administration has thus far refused to put in place price guardrails that would ensure everyone could access a potentially critical vaccine.
• Rescind the junk plan rule. The Trump Administration has expanded and promoted junk plans that discriminate against people with pre-existing conditions  and don’t cover essential health benefits like hospital care, emergency care, laboratory services, or preventive services. These plans have already left a patient with an exorbitant bill for necessary care to help combat the spread of coronavirus. Junk plans could even stick patients with the bill for a potential coronavirus vaccine.
• Withdraw the 1332 waiver guidance. The Administration released guidance encouraging states to apply for waivers that allow for the sale of coverage that doesn’t meet consumer protections for comprehensiveness and affordability. Reducing the comprehensiveness of coverage could leave patients paying bills for necessary care, like tests or vaccines.
• Stop working to undermine Medicaid by promoting barriers like work requirements. Medicaid is crucial to our ability to respond to public health crises, but the Trump Administration’s attacks–like promoting harmful work requirements–have already led to patients being kicked off the program and losing access to health care.

The Senators also urged the Administration to stop undermining the Affordable Care Act (ACA) with a partisan lawsuit. If the lawsuit is successful, millions of families could lose access to health care or be covered only by a junk plan, and any patient who contracts the coronavirus could face future discrimination from insurers for having a pre-existing condition.

The full text of the letter is below and HERE.

Dear Secretary Azar,

We write to express our serious concern that this Administration’s health care sabotage and absence of a plan to lower drug prices undermine our ability to respond to the 2019 Novel Coronavirus (COVID-19) and future infectious disease outbreaks within the United States. In a February 25^th briefing, the Centers for Disease Control and Prevention (CDC) indicated that a domestic COVID-19 outbreak is inevitable, warning “it’s not a question of if, but rather a question of when and how many people in this country will have severe illness.”^[1] It is clear that all available measures should be employed to address this urgent public health threat.

When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being worried they cannot afford it. Patients often forego recommended tests and treatments because of cost.^[2] For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it,^[3] and by this Administration’s numerous policies that make it harder for patients to get care during an outbreak.

In testimony before the House Energy and Commerce Committee this week, when asked whether your Department would ensure that a vaccine will be affordable for anyone who needs it, you replied that you would “work to make it affordable,” but stopped short of committing that patients and families would be able to afford a vaccine. One consumer advocacy group estimates that the National Institutes of Health (NIH) have already invested $700 million in coronavirus research, while this Administration is refusing to place guardrails around the cost of a potentially critical vaccine in the middle of a global outbreak.^[4] We call on you to commit -- as Administration policy -- that anyone who needs it will be able to afford a vaccine for coronavirus.

This Administration’s health care sabotage also undermines readiness for a COVID-19 outbreak in the United States by endangering patient access to care.  The Administration has promoted junk insurance plans that can discriminate against people with pre-existing conditions and that do not comply with consumer protections like the essential health benefits and out-of-pocket limitations, distorted 1332 waivers to permit states to undermine the market for comprehensive coverage, and proposed damaging changes to Medicaid – which is critical to helping states react to public health emergencies – like block grants and work requirements.

Just this week, a patient in Miami, Florida presented at a hospital with flu-like symptoms after returning from a work trip to China.^[5] He realized his symptoms might not be a simple common cold and felt compelled to get tested for coronavirus. Fortunately, tests confirmed he had seasonal influenza and not COVID-19. Unfortunately, two weeks later, he received a bill with charges totaling $3,270 and a note that his short-term limited duration insurance (STLDI) or “junk” plan would not pay the costs without further documentation. More bills may follow, and the insurer that sold his “junk” plan is requiring the patient to provide three years of medical records to prove that his flu is not related to a pre-existing condition. Even if the insurance covers the encounter – which it’s not clear they will – the patient would still be on the hook to pay $1,400 out-of-pocket for the brief diagnostic encounter.

This patient’s experience is a foreboding tale about the public health catastrophe that will ensue if patients avoid seeking a diagnosis because the Trump Administration is once again allowing insurers to stick patients with huge bills for necessary care. As the patient put it, “How can they expect normal citizens to contribute to eliminating the potential risk of person-to-person spread if hospitals are waiting to charge us $3,270 for a simple blood test and a nasal swab?”

Insurers who sell junk plans are allowed to discriminate against people with pre-existing conditions by denying them coverage, excluding critical benefits and charging higher premiums. Additionally, the Trump Administration does not require junk plans to comply with consumer protections that limit out-of-pocket costs or require coverage of essential health benefits, including those that are needed to pay for the diagnosis, treatment, and prevention of COVID-19 like hospital care, emergency care, laboratory services, or preventive services. Junk plans aren’t even required to cover preventive services at no cost to patients, meaning they could stick patients with the bill for a potential coronavirus vaccine in the middle of an outbreak.

The Trump Administration’s subsequent 1332 guidance creates additional risks for addressing outbreaks. In addition to expanding the sale of STLDI, this guidance proposes that states allow the sale of other kinds of plans that would not cover essential health benefits, including laboratory services, hospital services, emergency care, and preventive care. This guidance would even let states encourage residents to sign up for junk plans by using taxpayer dollars to subsidize them.

Additionally, instead of promoting policies to support one of our most effective public health tools, the Medicaid program, this Administration is doing everything in its power to undermine it. Medicaid plays a critical role in helping states respond to disasters and public health emergencies. For example, Medicaid was able to provide enhanced funding and coverage in response to public health crises such as the Zika virus outbreak in Puerto Rico, the water contamination in Flint, Michigan, and the national opioid epidemic.^[6]

Yet, this Administration continues to attack  the Medicaid program at every turn. As part of its 2021 budget, this Administration proposes to slash Medicaid by $920 billion. It has also proposed to gut Medicaid through block grants and caps that would restrict the ability of states to respond to public health emergencies like the coronavirus. It continues to support other harmful proposals, including policies included in the Medicaid fiscal accountability regulation that would slash funding to states, rescissions of access protections, the public charge rule and more that threaten  access to essential care for those impacted by public health crises. It also has promoted harmful proposals like work requirements, which have led to patients being kicked off the program and losing access to affordable health care.

Finally, if successful, the Administration’s ACA lawsuit would rip away health coverage from millions of Americans benefiting from the Medicaid expansion and the exchanges who depend on these programs for access to essential care including preventive services such as vaccines and diagnostic tests. The Administration is trying to allow all insurers to once again be able to discriminate against people with pre-existing conditions. If the lawsuit is successful, a patient who comes down with COVID-19 could face future discrimination by their insurer, denying them crucial care.

To give patients and providers the tools to grapple with this developing public health crisis, we ask that you take immediate action to ensure the affordability of a potential coronavirus vaccine. We also ask that you rescind the Administration’s “junk” plan rule, withdraw the 2018 guidance that undermines implementation of the1332 waiver guardrails as Congress intended, and stop the ongoing attacks on the Medicaid program, including the recently proposed block grant policy and other policies that would undermine this critical public health tool. Now more than ever, it is essential to protect patients and families and to encourage them to seek appropriate care when they become ill. We look forward to your response.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued a statement today after bipartisan Capitol Hill negotiators reached an agreement on an emergency funding bill to combat the coronavirus (COVID-19):

“After the Trump Administration initially requested just $1.25 billion in new money for federal agencies to combat the spread of the coronavirus, we’re pleased to see that congressional negotiators were able to agree on an emergency spending package totaling $7.8 billion to help prepare for and treat the spread of coronavirus – including funding for diagnostic testing, vaccine development, and additional resources for state and local responders who are on the front lines of a potential pandemic,” said the Senators. “Once this bill is signed into law, Virginia will immediately receive $13.3 million in federal funding from the Centers for Disease Control and Prevention (CDC) to cover some of the costs of preparing for this public health emergency.”

“Under the terms of this bipartisan bill, states and localities will also be able to apply for further federal funds to reimburse for the costs of detecting, tracking and controlling the spread of the virus. Furthermore, this bill sets aside $350 million that will be available to local authorities if our region gets hit by an outbreak – as well as $500 million for masks, medication, protective equipment and other much-needed medical supplies that will be distributed directly to hospitals and local providers. We will continue to work with state and local health officials to ensure that the Commonwealth is getting the federal support it needs to prepare for coronavirus, and we encourage all Virginians to heed the warnings of public health professionals to protect against its spread,” concluded the Senators.

The agreement also includes language based on Sen. Warner’s CONNECT for Health Act of 2019, which cuts restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

In January, Sens. Warner and Kaine  asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources needed to respond to the coronavirus. Earlier this week, in a letter to Vice President Mike Pence – who has been tasked with coordinating the federal government’s coronavirus response – Sen. Warner expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus, and urged the Vice President to devote the resources, expertise and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public. This week, Sen. Kaine joined letters calling on Secretary of Education Betsy DeVos and Secretary of Labor Eugene Scalia to provide details on their Departments’ plans for preparedness and response efforts to protect the safety and health of students, teachers, school staff, and workers in light of the emerging threat of the novel coronavirus.

Earlier today, the Senators urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness.

Draft text of the emergency funding bill is available here. The Senate is expected to vote on the legislation before the end of this week.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and John Kennedy (R-LA), members of the Senate Banking Committee, released a statement today, ahead of Supreme Court arguments in Liu v. SEC, a case challenging the Securities and Exchange Commission’s (SEC) enforcement powers to seek disgorgement on behalf of defrauded investors:

“Today’s argument in Liu v. SEC highlights the critical importance of affirming the SEC’s ability to protect investors through its disgorgement authority. Disgorgement authority is an essential enforcement tool that deters violations of our securities laws, protects Main Street investors, and helps compensate hard-working Americans who are victims of financial scams. Since the Court’s 2017 decision in Kokesh v. SEC, the SEC has forgone an estimated $1.1 billion in proceeds on behalf of harmed investors – a number that will only grow if the Supreme Court sides with the petitioners in this case – putting more money in the pockets of scammers and fraudsters while leaving ripped-off investors holding the bag. While we strongly believe that the SEC has the legal authority to seek disgorgement in civil actions, uncertainty from this case underscores the importance of congressional action to better protect harmed investors. In the Senate, we have introduced bipartisan legislation that would affirm the SEC’s disgorgement authority and expand its toolkit to increase financial recovery for harmed investors. The House passed similar legislation last year. We urge our colleagues in the Senate to act now by taking up this bipartisan effort,” said the two Senators.

Sens. Warner and Kennedy last year introduced the Securities Fraud Enforcement and Investor Compensation Act, bipartisan legislation that would give the SEC power to seek restitution for Main Street investors harmed by securities fraud. The bill would give the SEC a broader range of tools to seek compensation for investors who’ve lost money to Ponzi schemes and other investment scams. 

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