WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) introduced the Chai Suthammanont Remembrance Act, legislation requiring federal agencies to establish and publish COVID-19 workplace protections. The bill, named after a Virginia federal worker who passed away from COVID-19 complications, would compel each federal agency to create and post concrete reopening plans online, at least 30 days prior to the return of federal employees. This legislation, which passed through the House of Representatives today, was introduced in the House by U.S. Rep. Gerry Connolly (D-VA).

Joining Sen. Warner in introducing this legislation are Sens. Tim Kaine (D-VA), Ben Cardin (D-MD), Chris Van Hollen (D-MD), and Sherrod Brown (D-OH).

“Throughout the COVID-19 crisis, federal employees have been hard at work to preserve essential government functions and ensure that the American people can continue to count on their government for vital guidance and assistance when they need it the most. However, this work should never come at the expense of workers’ lives, as was the case for Chai Suthammanont, a public servant from Virginia who passed from COVID-19 complications,” said Sen. Warner. “As public servants transition from remote to in-person work, the least we can do is avoid another tragedy and make sure that folks can return to a safe work environment. That’s why I introduced this legislation requiring federal agencies to publish their policies and procedures online, where federal workers and their families can access them before returning to work.”

“I want to thank Senator Warner for his work to protect the health and safety of our federal workforce. Chai was committed to his community, and for that, he gave up his life. Our bill will ensure federal employees have the most accurate and up-to-date information regarding their agencies’ reopening plans. We owe that to Chai and his family,” Rep. Connolly said.

According to this legislation, any federal agency reopening plan must include information on:

• The personal protective equipment (PPE) provided to employees 
• Additional cleaning protocols to be implemented by the agency
• Efforts to ensure social distancing at worksites
• Agency measures or efforts to protect employees who work outside of federal office buildings, such as auditors or inspectors
• Safety and health requirements for members of the public visiting federal facilities
• Contingency options for workers at high risk of contracting COVID-19
• Efforts to ensure continuity of agency operations, including contingency plans should there be a surge in COVID-19 cases

In addition to requiring federal agencies to publish their reopening plans online, this legislation would require each agency’s Inspector General to submit a timely review on whether that agency has provided adequate PPE for employees and whether it has complied with this legislation by publishing COVID-19 safety policies and procedures.

This bill has been endorsed by the American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), International Federation of Professional and Technical Engineers (IFPTE), National Federation of Federal Employees (NFFE), and the Laborers’ International Union of North America (LIUNA).

Bill text is available here.

Sen. Warner has continued to be a longtime champion for federal workers during the COVID-19 crisis. In July, he joined a group of colleagues in urging Majority Leader Mitch McConnell and Minority Leader Chuck Schumer to include requirements to ensure maximum telework for federal employees and contractors in the next COVID-19 relief package. He also previously urged OMB and OPM to reverse course on plans to bring federal employees back to their worksites prematurely, and joined a number of his colleagues in requesting information regarding the safety of federal workers during the COVID-19 pandemic. Additionally, in March, he called on OMB and OPM to post department and agency contingency plans and urged the President to immediately issue an executive order directing agencies to utilize telework capabilities to the maximum possible extent.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) continued to raise the alarm regarding the urgent need to secure H-2B visas for seasonal seafood workers in Virginia and around the United States. 

In a letter to Secretary of State Mike Pompeo, Sen. Warner urged the U.S. Department of State to make clear that seafood companies seeking H-2B visas for their seasonal workers qualify for national interest exceptions (NIEs) to Presidential Proclamations 10014 and 10052, which suspend entry to the United States for certain immigrant visa applicants through December 31, 2020 due to the COVID-19 pandemic. This clarification would help local businesses plan for seasonal seafood workers to obtain H-2B work visas for “travel necessary to facilitate the immediate and continued economic recovery of the United States.”

“With a half billion dollar economic impact, Virginia seafood is a key industry in the Commonwealth. Its success largely depends on seasonal workers, who shuck oysters, clams, and crabs, hand pick seafood meat, pack fish, and perform other critical tasks,” wrote Sen. Warner. “While seafood businesses have made good faith efforts to find local seasonal workers, employers often must rely on H-2B visas to fill difficult and labor-intensive positions. The industry is already confronting significant business challenges due to the pandemic, and now faces the potential for further economic harm unless it is able to access H-2B visas.”

“In Virginia, the financial hardship of failing to secure visas for H-2B workers will be extreme, with the burden falling heavily on small, seasonal Virginia seafood companies already facing economic uncertainty due to the COVID-19 crisis,” he continued. “Without concrete guidance on the H-2B visa process as it relates to the Presidential Proclamations, our seafood industry remains in a perilous position, as businesses seek to survive the pandemic. I urge you to ensure congressionally-authorized H-2B visas are granted to seafood workers who meet the NIE guidelines.” 

The H-2B Temporary Non-Agricultural Visa Program allows U.S. employers to hire seasonal, non-immigrant workers during peak seasons to supplement the existing American workforce. In order to be eligible for the program, employers are required to declare that there are not enough U.S. workers available to do the temporary work.

Sen. Warner has long advocated for Virginia’s seafood processing industry – a community largely made up of rural, family-owned operations. In February, Sen. Warner urged the U.S. Department of Homeland Security (DHS) to release additional H-2B visas needed to support local seafood businesses in Virginia and states like Alaska, Maryland, and North Carolina. Additionally, Sen. Warner has successfully pressed the Trump Administration to extend a ban on offshore oil and gas drilling to Virginia in accordance with requests from Virginia’s coastal communities, whose seafood industries would have been be severely impacted by the Trump Administration proposal to allow offshore drilling.

The text of the full letter is here and can be found below.

I write to urge you to clarify that seafood companies seeking H-2B visas for their seasonal workers, via the Temporary Nonagricultural Worker Program, do qualify for the national interest exemption to Presidential Proclamation 10052. 

With a half billion dollar economic impact, Virginia seafood is a key industry in the Commonwealth. Its success largely depends on seasonal workers, who shuck oysters, clams, and crabs, hand pick seafood meat, pack fish, and perform other critical tasks. While seafood businesses have made good faith efforts to find local seasonal workers, employers often must rely on H-2B visas to fill difficult and labor-intensive positions. The industry is already confronting significant business challenges due to the pandemic, and now faces the potential for further economic harm unless it is able to access H-2B visas. 

As you know, Presidential Proclamations (P.P.) 10014 and 10052 suspend entry to the United States for certain immigrant visa applicants through December 31, 2020, due to the COVID-19 pandemic. Both proclamations include National Interest Exceptions (NIE), which allow the government to issue H-2B work visas for “travel necessary to facilitate the immediate and continued economic recovery of the United States.” The proclamations further state that the NIE apply when at least two of three indicators are present: 

1.) The applicant was previously employed and trained by the petitioning U.S. employer. 

2.) The applicant is traveling based on a temporary labor certification (TLC) that reflects continued need for the worker. 

3.) Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer. 

Many seafood companies in Virginia and around the United States depend on seasonal workers whose positions meet all three of the criteria listed above. In Virginia, the financial hardship of failing to secure visas for H-2B workers will be extreme, with the burden falling heavily on small, seasonal Virginia seafood companies already facing economic uncertainty due to the COVID-19 crisis. For example: 

1.) A bait fish packing operation in the Northern Neck of Virginia will lose approximately $150,000 in revenue each month without H-2B visa workers and will not be able to purchase bait fish from watermen or purse seine vessels. 

2.) A crab picking operation in Hampton Roads will lose five American full-time salary positions and approximately $600,000 in revenue each month without H-2B workers. 

3.) A Northern Neck bait fish operation will lose approximately $1M each month in combined bait fish purchases and profit in sales. As a result, American truck drivers, supervisors and office personnel will be laid off. 

4.) A bait fish operation will lose $350,000 each month in product sales without H-2B visas. 

While I understand that local consulates make individual visa approval decisions, I ask that the Administration clarify that seafood workers are covered by the NIE. Additionally, I ask that you provide a response to the following questions, either via writing or a meeting, by October 14, 2020: 

1.) Are all consulates aware of the clear NIE guidance for P.P. 10014 and 10052? 

2.) Do visa applicants and petitioning employers receive a clear explanation of factors that result in a visa being denied? If so, how is this explanation communicated? 

3.) What point of contact has the ultimate authority to provide such explanations? 

4.) What process is available for visa applicants who appear to meet all visa and NIE guidelines to have their H-2B visa denials reconsidered? 

Virginia seafood businesses, many of which are family-owned operations going back multiple generations, depend on the Department of State to issue congressionally-authorized H-2B visas in order to survive. Without concrete guidance on the H-2B visa process as it relates to the Presidential Proclamations, our seafood industry remains in a perilous position, as businesses seek to survive the pandemic. I urge you to ensure congressionally-authorized H-2B visas are granted to seafood workers who meet the NIE guidelines. Thank you for your careful attention to this critical matter.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that the Town of Wise and the Town of Pennington Gap will receive $550,000 from the Appalachian Regional Commission (ARC).

“We’re pleased to announce these investments to strengthen Virginia’s workforce and wastewater infrastructure,” said the Senators. “This funding aims to support projects that will help expand economic opportunity in the region and improve health and water quality.”

The funding will be awarded as follows:

• The Town of Wise will receive $500,000 to make water infrastructure improvements for the Glamorgan community. Currently, the Glamorgan community does not have access to public waste water service. The funding will be used for 13,640 linear feet of sewer line to serve 62 households and 18 commercial properties.
• Town of Pennington Gap will receive $50,000 for a feasibility study to build a workforce development workspace. The Pennington Gap Center for the Trades will help address the shortage of skilled trades, such as plumbers, HVAC technicians, welders, and fabricators.

In addition to the Glamorgan Sewer Line Project's ARC funds, state sources will provide $1,289,132, and local sources will provide $74,180, bringing the total project funding to $1,863,312. In addition to the Pennington Gap Center for the Trades ARC funds, local sources will provide $25,000, bringing the total project funding to $75,000.

Since its inception in 1965, the Appalachian Regional Commission (ARC) has invested with local, regional, and state partners to transform Appalachian communities, create jobs, and strengthen the regional economy. Warner and Kaine have been strong advocates for a fully funded ARC so that it can continue to increase employment and economic opportunities for those living in Appalachia.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $17,735,349.43 in federal funding from the U.S. Department of Education to Hampton University to establish the Virginia Workforce Innovation and Entrepreneurship Center (VWIEC), a statewide small business incubator project. This grant will expand the capability and capacity of Virginia’s current and aspiring entrepreneurs to aid with economic recovery in the wake of the COVID-19 pandemic.

“We’re pleased that these federal dollars will assist Hampton University in continuing to serve their students in the face of the current health and economic crisis,” said the Senators. “Historically Black Colleges and Universities help provide a first-rate education for so many students from traditionally underserved communities. We will continue to advocate for them as they support their students during this ongoing crisis.”

This grant was awarded through the Department of Education’s Education Stabilization Fund, which seeks to provide support to state educational agencies in addressing the specific educational needs of students, parents, and teachers in elementary and secondary schools, and higher education institutions. Sens. Warner and Kaine are strong supporters of Virginia’s HBCUs. Last year, the Senators successfully pushed to get the FUTURE Act signed into law to restore $255 million in federal funding for these critical institutions. They also secured $93 million in critical funding to strengthen HBCUs as part of the December government spending deal.

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WASHINGTON—Today, U.S. Sens. Mark R. Warner (D-VA), Tim Scott (R-SC), Kevin Cramer (R-ND), Kyrsten Sinema (D-AZ), Tom Cotton (R-AR), and Tina Smith (D-MN) introduced the PREVENT DIABETES Act. This legislation would increase access to the Medicare Diabetes Prevention Program (MDPP) Expanded Model by allowing CDC-recognized virtual suppliers to participate in the program.

"It’s no secret that diabetes is a disease that has disproportionately affected minority communities across the country. To ensure that all individuals have the tools needed to combat this preventable disease, the PREVENT DIABETES Act would help expand access to virtual classes under the existing Medicare Diabetes Prevention Program. This commonsense and cost-saving expansion will ensure that more Americans at-risk of developing diabetes who are living in either rural or medically underserved communities, can participate in this critical program that has been proven to delay the full onset of this preventable disease," said Sen. Warner.

"Diabetes remains the seventh leading cause of death in South Carolina and disproportionately impacts our most vulnerable communities,” said Senator Tim Scott. “The PREVENT DIABETES Act could deliver life-saving results for older Americans in the Palmetto State and across the country."

According to the Centers for Disease Control (CDC), there is a higher prevalence of diabetes within minority populations. Diabetes affects 16.4 percent of Black adults, 14.9 percent of Asian adults, and 14.7 percent of Latino adults, compared to 11.9 percent of White adults. To help combat these alarming trends, the PREVENT DIABETES Act would provide access to virtual programs under the Medicare Diabetes Prevention Program (MDPP) to help prevent or delay the onset of diabetes. The MDPP Expanded Model (EM) leverages evidence-based interventions to prevent the full onset of type 2 diabetes in at-risk Medicare beneficiaries. Unfortunately, the existing MDPP Expanded Model is only available through in-person sessions, making it more difficult for individuals in rural or medically underserved areas to participate in the program.

In October 2019, Senators Scott and Warner wrote to Department of Health and Human Services (HHS) Secretary Alex Azar urging him to expand the program by administrative action and more recently, to allow beneficiaries to access the program via a virtual platform during the COVID-19 pandemic. HHS has temporarily allowed individuals to access the program via a virtual platform during the COVID-19 pandemic, but this administrative change still excludes a number of providers and does not ensure long-term access to a virtual benefit. This legislation will improve access to the program by ensuring individuals can access the MDPP Expanded Model via virtual suppliers.

This legislation is supported by American Diabetes Association, American Medical Association, Association of Diabetes Care & Education Specialists, The Connected Health Initiative, Endocrine Society, Healthcare Leadership Council, Livongo, Noom, National Kidney Foundation, Novo Nordisk Inc., Omada Health, and YMCA of the USA.

To view the one-pager, click here.

Full text of the bill is available HERE.

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) participated in a virtual Senate Banking Committee hearing on the COVID-19 economic response with Treasury Secretary Steven Mnuchin and Federal Reserve Chairman Jerome Powell. During the hearing, Sen. Warner stressed the need for another COVID-19 relief package that properly supports Main Street and stimulates local economies by making significant investments targeted towards affected communities.

Sen. Warner specifically highlighted his Jobs and Neighborhood Investment Act, legislation he authored to provide eligible community development financial institutions (CDFIs) and minority depository institutions (MDIs) with capital, liquidity, and operational capacity to serve minority and historically disadvantaged communities.

In his remarks at the beginning of the questioning period, Sen. Warner addressed his Jobs and Neighborhood Investment Act saying, “This would take billions of unallocated funds from the CARES Act and directly invest them into MDIs and CDFIs, which, as the secretary explained, would dramatically leverage those dollars and help minority businesses that – as Sen. Scott so accurately pointed out – really have been disproportionately hurt. 420,000 black-owned businesses have shut down and we can and must do better. Chairman Powell, I know we’ve gone back and forth on this but I would argue – I know you said earlier in the week in your testimony that you were concerned with Main Street going smaller, below 250, and the Fed’s capacity to deal with hundreds of thousands, if not millions, of loans. I would argue the way to deal with that, or at least one tool to deal with that, would be the direct equity infusion into those MDIs and CDFIs whose goal and purpose is to lend to these smaller institutions. You wouldn’t have to necessarily grapple with all the individual loans but you could make these kind of investments and Fed support programs for these institutions that service that community.”

Stressing the need for robust and targeted Main Street relief, Sen. Warner criticized Majority Leader Mitch McConnell’s effort to put forward a plan that fell dramatically short of matching the scale of the COVID-19 economic crisis. In his line of questioning, Sen. Warner asked Chairman Powell to address the desperate need for targeted but robust relief for those most affected.

In response to Sen. Warner’s question, Chairman Powell said, “I would say that the recovery we’ve had so far owes in significant degree to the CARES Act and the support that Congress provided in conjunction with the Administration. I think that while the economy has been doing better than expected, there’s downside risk to that if there is no further fiscal support. There are still something like 11 million people who have not gotten their jobs back. Those people are able to spend now because of the checks that they got and the enhanced unemployment insurance that they got. There’s downside risk to the economy probably coming if some form of that support doesn’t continue.”

Sen. Warner also asked the witnesses about the long-term risk to the economy, asking whether the economic risk would be greater in over-stimulating or under-stimulating the economy.

In response, Chairman Powell said, “We’re going have to – we will come back to a place where we need to get the U.S. Federal government on a sustainable fiscal path but I wouldn’t prioritize that now when we’re in the middle of the pandemic.”

Sen. Warner, a former technology entrepreneur, has long worked to provide financial relief to the American economy amid the COVID-19 crisis. A comprehensive list of his COVID-19-related work is available here. 

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine released the following statement today upon the Senate voting overwhelmingly to confirm Roderick C. Young as a judge on the U.S. District Court for the Eastern District of Virginia:

“Roderick Young will be a fair, even-minded judge who is already well-respected in the Commonwealth. We were proud to recommend his nomination to this court, and we’re pleased to see him confirmed today.”

In March, Warner and Kaine recommended the nomination of Young—who, until now, has been a U.S. magistrate judge—based on the assessments of an independent panel of attorneys from across the Commonwealth as well as feedback from numerous bar associations in Virginia.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) applauded House passage of his bipartisan bill with Sen. John Boozman (R-AR) to help address the alarming rate of veteran suicide. Provisions of the IMPROVE Well-Being for Veterans Act, a bill to expand veterans’ access to mental health services, were included as part of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act to help the Department of Veterans Affairs (VA) reduce veteran suicides. In August, the Senate overwhelmingly passed the bipartisan legislation, and with today’s passage in the House of Representatives, the bill will now head to President Trump’s desk for his signature.

“Too many veterans suffering from the invisible wounds of war are left struggling when their tours of duty conclude. Though we can never repay the enormous physical and mental sacrifices that our servicemembers make for our freedom and national security, we can give them the resources and tools they need to begin the lengthy process of healing,” said Sen. Warner. “That’s why I was proud to help write this legislation to tackle the alarming rate of veteran suicide, including through providing greater support to veteran-serving non-profits and community networks in order to reach more veterans. I can think of no better way to conclude National Suicide Prevention Month than by seeing this legislation head to the President’s desk. I urge President Trump to swiftly sign this important legislation into law.”

“This new approach will allow us to reach more veterans and support organizations that have a track record of success in suicide prevention. Delivering additional resources to community-based groups providing support and services to at-risk veterans will allow them to expand their outreach, identify more veterans in need and provide great access to mental health care. I’ve been proud to join Senator Warner in leading Senate efforts to devise a strategy that empowers veteran community organizations to work with the VA in the fight against veteran suicide. I’m glad this will soon become law,” said Sen. Boozman.

The IMPROVE Well-Being for Veterans Act  would create a Department of Veterans Affairs (VA) grant program that leverages and supports veteran-serving non-profits and other community networks in order to reduce and prevent veteran suicides. Additionally, the bipartisan bill enhances coordination and planning of veteran mental health and suicide prevention services and better measures the effectiveness of those programs in order to reduce the alarming number of veteran suicides.

The VA estimates that around 20 veterans die by suicide each day. Unfortunately that number has remained unchanged despite Congress more than tripling the VA’s funding for suicide prevention efforts over the last ten years to nearly $222 million in FY20. Only six of the 20 veterans who die by suicide each day receive health care services from the VA before their death. That’s why Sens. Warner and Boozman are empowering the VA to share information with veteran-serving non-profits and requiring it to develop a tool to monitor progress so that resources can be concentrated on successful programs.

The IMPROVE Well-Being for Veterans Act was introduced in June 2019. Days later, at a committee hearing, VA Secretary Robert Wilkie called the bill “key” to unlocking the veteran suicide crisis. In January 2020, provisions of the Warner-Boozman legislation were included in the Commander John Scott Hannon Veterans Mental Health Care Improvement Act, and the bill was unanimously approved by the Senate Veterans Affairs Committee before being included as part of the President’s Roadmap to Empower Veterans and End a National Tragedy of Suicide (PREVENTS) Act. Then, in August, the Senate unanimously approved the legislation. Companion legislation was also introduced in the House of Representatives by Reps. Chrissy Houlahan (D-PA) and Jack Bergman (R-MI).

Sen. Warner has been a strong advocate of improving care for Virginia’s veterans. In January, he sent a letter to the four VA medical facilities providing care for Virginia’s veterans requesting an update on their suicide prevention efforts. He’s also met with senior leadership at the Hunter Holmes McGuire VA Medical Center and Hampton VA Medical Center (VAMC) to discuss wait time reduction at their facilities and suicide prevention efforts.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Reps. A. Donald McEachin (D-VA) and Morgan Griffith (R-VA), demanded answers from the Federal Bureau of Prisons (BOP) regarding reports of troubling conditions at Virginia facilities amid the COVID-19 crisis. Expressing frustration with Director Michael Carvajal’s failure to respond to a letter from earlier this year, the lawmakerspressed for answers concerning an ongoing lack of personal protective equipment (PPE) and diminished quality of life for incarcerated individuals. 

“Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated,” the lawmakers wrote. “One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic.”

“We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis,” they continued. “We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.” 

In Virginia, there are two federal correctional institutions in operation, including the U.S. Penitentiary in Lee County and the Petersburg Federal Correctional Complex. Correctional officers at Virginia’s facilities are responsible for approximately 4,144 incarcerated individuals. 

In their letter, the four members of Congress also raised concern with reports that correctional staff at FCI Petersburg continue to be denied a lunch break despite working shifts as long as sixteen hours – an issue originally raised in the lawmakers’ May 21st letter. Calling this “unacceptable and dangerous,” they encouraged Director Carvajal to institute a nation-wide break policy in order to address correctional staff’s basic needs.

Additionally, they expressed dismay regarding the transfer of incarcerated individuals between facilities, highlighting that at least one person with a positive case of COVID-19 was transferred to USP Lee. The lawmakers noted that this this lapse in judgment could result in an entirely preventable COVID-19 outbreak inside the prison, endangering staff, inmates and local communities. 

The members of Congress have advocated for vulnerable communities during the COVID-19 crisis. Earlier this year, they requested answers from Director Carvajal regarding issues at the Virginia facilities. Sen. Warner also joined his Senate colleagues in a letter to BOP and the three largest private prison operators inquiring about any policies and procedures in place to manage a potential spread of COVID-19.

Additionally, Sen. Warner and Kaine have urged the Trump Administration time and time and time again to cease the inter-state transfer of people held at immigration detention facilities during the public health crisis. 

Full text of today’s letter is available here or below.

Dear Director Carvajal:

We write to reiterate our serious concerns about the health and safety of staff and individuals incarcerated at Federal Correctional Complex (FCC) Petersburg and United States Penitentiary (USP) Lee, the two federal correctional facilities in Virginia, and to express our severe frustration at your failure to respond to our letter from May 21, 2020. After speaking with employees and the families of individuals incarcerated at both facilities, it is clear that the situation is worsening. According to figures shared with our offices, there are over 200 incarcerated individuals and at least 12 staff who have tested positive for the novel coronavirus at FCC Petersburg. 

Nearly four months ago, we sent you a letter detailing the significant risks and challenges COVID-19 posed to the health and safety of staff, incarcerated individuals at FCC Petersburg and USP Lee, and the surrounding communities. We remain deeply concerned that the conditions within those facilities have failed to improve – and in many ways, appear to have deteriorated.  

One area of particular concern is the continued lack of adequate personal protective equipment (PPE). According to employees at FCC Petersburg, both staff and incarcerated individuals are forced to re-use supplies and masks, which presents serious health and safety risks. Given the close quarters and frequent person-to-person interaction, correctional staff and incarcerated individuals are especially vulnerable to contracting COVID-19. Lack of PPE also creates additional risk of community spread outside the facilities. Relatedly, we have learned from facility staff that showers are restricted for individuals incarcerated at FCC Petersburg, a policy which further exacerbates sanitation and hygiene issues during a global pandemic. 

We have also received numerous reports related to other declining conditions at FCC Petersburg. It is our understanding that access to outdoor recreation, exercise facilities, and phones have been reduced due to the pandemic. We recognize the importance of limiting large group gatherings, and that coordinating these activities can present logistical, health, and safety challenges. However, it is imperative that correctional facilities find new ways to maintain and support a healthy quality of life for incarcerated individuals during this crisis. We have also heard disturbing reports that the food the incarcerated individuals are receiving has declined significantly in both quantity and quality, including being served spoiled food. Such conditions are unacceptable.   

Further, as we detailed in our letter nearly four months ago, correctional staff at FCC Petersburg continue to be denied a lunch break, despite reportedly working shifts as long as sixteen hours. This is unacceptable and dangerous. We once again encourage you to institute a break policy—not only at the Petersburg facility, but at the Federal Bureau of Prisons’ (BOP) facilities across the nation—that more appropriately responds to correctional staff’s basic needs. 

Additionally, we are particularly dismayed to learn that, despite our concerns, BOP is transferring individuals to facilities without a record of COVID-19 cases. A group of individuals was recently transferred to USP Lee, which included at least one person with a positive case of COVID-19. Such transfers are a potentially deadly lapse in judgment. USP Lee is one of the largest employers in Lee County, Virginia, and not only could this transfer result in an entirely preventable outbreak inside the prison, it is also dangerous for the public health of local community members.   

Finally, your failure to respond to our serious concerns is further heightened by the recent announcement from the BOP that facilities will allow visitations to resume in early October. While we agree that resuming visitations is incredibly important for incarcerated individuals and their families, proper protocols must be in place and followed to ensure the health and safety of the incarcerated individuals, their families, and the surrounding communities. We urge you to take all available steps to ensure vitiations can resume as soon as possible while preserving the health and safety of visitors, staff, and incarcerated individuals.

Given the magnitude of the worsening conditions at USP Lee and FCC Petersburg, we demand an immediate response to how BOP is addressing our concerns by no later than October 5, 2020. As COVID-19 continues to present a significant health challenge at FCC Petersburg and USP Lee, and the surrounding communities, we are committed to working with you to address the needs of incarcerated individuals and correctional staff. 

We appreciate your attention to these important issues impacting our constituents and look forward to your prompt response. 

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine, along with U.S. Reps. Bobby Scott, Gerry Connolly, Don Beyer, A. Donald McEachin, Elaine Luria, Abigail Spanberger and Jennifer Wexton (all D-VA), wrote a letter to President Trump requesting that he extend a moratorium on offshore oil and gas drilling to the Commonwealth of Virginia. This letter follows the President’s decision to exempt three states led by Republican governors (Florida, Georgia, and South Carolina) from his Administration’s plan to open more than 90 percent of the Outer Continental Shelf to oil and gas leasing. This, despite requests for an exemption from Virginia Governor Ralph Northam, members of Virginia’s Congressional Delegation, and Virginia’s coastal communities, whose industries would be severely impacted by the proposal. 

“In Virginia, more than 20 communities have officially voiced their opposition to offshore drilling, including the Commonwealth’s most populous cities, Virginia Beach and Norfolk. In addition, Virginia’s General Assembly passed a law earlier this year that would prohibit oil and gas drilling and related infrastructure in Virginia waters,” wrote the lawmakers. “Offshore oil and gas drilling threatens the Commonwealth’s economy, natural resources, and military assets. Virginia’s coastal communities rely predominantly on industries that would be affected by your proposal including tourism, recreation, commercial fishing, aquaculture, and deepwater port commerce. Further, the Department of Defense’s analysis has shown that oil and gas leasing off the coast of Virginia could potentially disrupt military operations, training, and testing activities critical to the U.S. military’s readiness and our national security.” 

They continued, “For these reasons and more, Virginians are overwhelmingly opposed to your administration’s proposal to expand offshore drilling off the Atlantic Coast. Virginia has been as vocal in its opposition to opening up its offshore area to oil and gas drilling as Florida, Georgia, and South Carolina. Yet, Virginia has not received the same promises as these states.” 

In 2018, the Trump Administration proposed a program to open more than 90 percent of the Outer Continental Shelf to oil and gas leasing. This program was subsequently opposed by Republican and Democratic governors all along the Atlantic seaboard. Offshore oil and gas drilling has also been opposed by more than 285 localities on the East Coast and Florida’s Gulf Coast, 2,300 elected officials, 46,000 businesses, and 500,000 fishing families along the East Coast. 

In their letter, the members of Congress noted the President’s lack of explanation for Virginia’s exclusion, and urged the President to take the concerns from Virginia coastal communities just as seriously as those in Florida, Georgia, and South Carolina. 

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

Dear President Trump:

We write today regarding your recent issuance of a Presidential Memorandum to the Secretary of the Interior extending a moratorium on offshore oil and gas drilling off the coasts of Florida, Georgia, and South Carolina until at least 2032. We are deeply concerned that a similar moratorium on offshore oil and gas drilling has not been extended to the Commonwealth of Virginia, despite requests from Virginia Governor Ralph Northam, members of Virginia’s Congressional Delegation, and Virginia’s coastal communities. 

In 2018, your administration released the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, which would have opened more than 90 percent of the Outer Continental Shelf (OCS) to oil and gas leasing including the coast of Virginia. Republican and Democratic governors along the Atlantic seaboard have indicated their opposition to this proposed plan. In addition, over 285 localities on the East Coast and Florida’s Gulf Coast, 2,300 elected officials, 46,000 businesses, and 500,000 fishing families along the East Coast have expressed their opposition to offshore oil and gas drilling.

In Virginia, more than 20 communities have officially voiced their opposition to offshore drilling, including the Commonwealth’s most populous cities, Virginia Beach and Norfolk. In addition, Virginia’s General Assembly passed a law earlier this year that would prohibit oil and gas drilling and related infrastructure in Virginia waters.

Offshore oil and gas drilling threatens the Commonwealth’s economy, natural resources, and military assets. Virginia’s coastal communities rely predominantly on industries that would be affected by your proposal including tourism, recreation, commercial fishing, aquaculture, and deepwater port commerce. Further, the Department of Defense’s analysis has shown that oil and gas leasing off the coast of Virginia could potentially disrupt military operations, training, and testing activities critical to the U.S. military’s readiness and our national security. 

For these reasons and more, Virginians are overwhelmingly opposed to your administration’s proposal to expand offshore drilling off the Atlantic Coast. Virginia has been as vocal in its opposition to opening up its offshore area to oil and gas drilling as Florida, Georgia, and South Carolina. Yet, Virginia has not received the same promises as these states. Your September 8, 2020, Presidential Memorandum, and accompanying remarks in Jupiter, FL, provided zero reasons for extending the moratorium for three states while excluding every other affected state.

Throughout this process, your Administration has emphasized the consideration and importance of the “local and state voice.” Therefore, we respectfully urge you to take the concerns from Virginia coastal communities just as seriously as those in Florida, Georgia, and South Carolina. 

Thank you for your consideration.

Sincerely, 

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WASHINGTON – Today, U.S. Sens. Mark Warner and Tim Kaine (both D-VA) announced $2,271,091.11 in federal funding from the U.S. Department of Homeland Security (DHS) to repair damages to Ringgold Rail Trail and Sandy Creek Bridge from overland and waterway flooding in Pittsylvania County. 

“The damage to Ringgold Rail Trail and Sandy Creek Bridge caused by tropical storm Michael in Pittsylvania County in 2018 has had lasting impacts for residents, travelers, and commuters in the region. The federal funds will help shoulder the cost of repairs,” said the Senators. “Investing in repairs to these historic sites will ease the burden on Virginia residents and strengthen our Commonwealth.”

The funding was awarded through the Federal Emergency Management Agency (FEMA) and authorized under Section 406 of the Robert T. Stafford Act. 

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WASHINGTON, D.C. – Today, U.S. Sens. Mark R. Warner, Tim Kaine, and Patty Murray wrote a letter to the Department of Homeland Security (DHS) Office of the Inspector General (OIG) requesting an investigation into the June 2020 transfer of immigrants in Immigration and Customs Enforcement (ICE) detention to Farmville, Virginia. The transfer, which was reportedly part of the Trump Administration’s efforts to send more federal agents to Washington, D.C., to end racial justice protests, led to a dramatic spike in COVID-19 infections at the Farmville facility, managed by the private contractor Immigration Centers of America (ICA). The Senators write that ICE, ICA, and DHS’s mishandling of the situation fits the pattern of abuse behind ICE detention.

“While ICE said they transferred ‘larger detention populations to facilities with fewer detainees’ to ‘promote social distancing,’ according to recently released information, ICE’s own statistics showed the facilities from where the detainees came on June 1 were not near capacity when the transfers were arranged,” the Senators wrote. “ICE and ICA’s response to the COVID-19 outbreak in Farmville raises the alarm about people’s safety and the nature of ICE detention. And ICE and DHS’s disregard of Senate inquiry in the face of clear mishandling of the situation and people’s lives is unacceptable. It is critical for the OIG to investigate the transfer of individuals in ICE custody during the COVID-19 pandemic in the context of the pattern and practice of abuse and the lack of accountability within ICE facilities.”

The Senators noted that, while the Farmville facility was 57 percent full the day of the transfer, the Arizona facility from which the migrants were transferred was only 35 percent full. “The statistics indicate that ICE has misled Congress about the reasons for transferring individuals during the pandemic,” wrote the Senators.

Senators Warner and Kaine have repeatedly pushed the Administration to prevent and mitigate the spread of COVID-19 in Virginia detention facilities. After the June transfer resulted in a spike of more than 50 COVID-19 cases at Farmville, the Senators urged the Department of Homeland Security (DHS) to prioritize the health of detainees and workers by stopping the transfer of people in ICE custody and increasing COVID-19 testing at the facilities. Nearly a month later, with approximately 80 percent of the Farmville population testing positive for COVID-19, the Senators once again pressed ICE and DHS to stop transfers between facilities. They also posed a series of questions regarding the measures in place to safeguard the health of people in custody, staff members, and the community. In July, the Senators also insisted that the Trump Administration work with the Centers for Disease Control and Prevention (CDC) to create and deploy teams of epidemiologists to conduct an assessment of the pandemic’s impact at the facility after nearly every detained person in the Farmville facility contracted COVID-19. At the Senators’ urging, the CDC deployed its teams to the Farmville facility in August to conduct an assessment of the rate of infection among workers and detainees, risk factors for infection among workers and detainees, infection control and prevention practices in the facility, and transmission dynamics among workers, detainees, and the surrounding community. Additionally, following reports that two detained individuals tested positive for COVID-19 at the Caroline County Immigration and Customs Enforcement (ICE) detention facility, the Senators sent a letter today pressing for answers on what ICE is doing to protect the health of individuals in custody, staff members, and the Bowling Green community.

You can read the full letter here and below:

Inspector General Joseph V. Cuffari
Office of Inspector General
Department of Homeland Security
245 Murray Lane SW
Washington, DC 20528-0305

Dear Inspector General Joseph V. Cuffari,

We write to request that the Department of Homeland Security (DHS) Office of the Inspector General (OIG) investigate the transfer of individuals in detention by Immigration and Customs Enforcement (ICE) to Virginia via ICE Air in June 2020 as part of the administration’s efforts to send more federal agents to end racial justice protests in Washington, D.C.^[1] The transfer led to the worst outbreak of COVID-19 in the ICE detention center in Farmville, Virginia, run by the private contractor Immigration Centers of America (ICA) and fits into the pattern of abuse behind ICE detention during the pandemic. We ask that your office incorporate an investigation into the June 2020 transfer to Virginia into the ongoing investigation into “ICE’s Efforts to Prevent and Mitigate the Spread of COVID-19 in its Facilities.”^[2]

On June 2, ICE transferred over 70 detainees to ICA-Farmville from COVID-19 hotspots in Florida and Arizona. According to testimony at a Farmville town council meeting in August, ICE officials in the Washington field office objected to the transfer of detainees. The transfer, compounded by the inability to appropriately socially distance within the facility, led to a dramatic spike in infections. Within two weeks of the June 2020 transfer, more than half of these detainees tested positive for COVID-19. At least six people inside have been hospitalized with severe symptoms. In August, the Farmville facility had at times a nearly 90% infection rate among detainees, including James Thomas Hill, a Canadian national who tragically died on August 5.

While ICE said they transferred “larger detention populations to facilities with fewer detainees” to “promote social distancing,” according to recently released information, ICE’s own statistics showed the facilities from where the detainees came on June 1 were not near capacity when the transfers were arranged. The detention facility in Arizona from where detainees were transferred, CCA Florence, has space for approximately 550 detainees but was only about 35 percent full that day, while Farmville was 57 percent full. The statistics indicate that ICE has misled Congress about the reasons for transferring individuals during the pandemic, in violation of the CDC guidelines indicating that people should not be transferred between facilities “unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, release, or to prevent overcrowding.”^[3]

We have consistently raised alarm with DHS about the surging number of COVID-19 cases at the Farmville detention facility as a result of ICE’s decision to continue transferring detainees.^[4] Yet both DHS and ICE have refused to respond to our questions concerning how ICE is protecting the health of individuals in their custody, staff members, and the Farmville community. We request that you investigate the following:

?      Whether ICE and DHS shared information with Farmville officials (including local elected officials like the mayor and members of the town council) about the June transfer and the subsequent outbreaks at Farmville-ICA in an effort to protect against community spread;

?      The objection to the transfer by the Washington field office and any other objections made prior to the transfer of detainees to Farmville;

?      The role of the company in charge of the facility, ICA, in the June 2020 transfer;

?      Whether the ICE agents aboard the ICE Air flight in question were tested for COVID-19 prior to boarding and ICE’s general policies around testing prior to boarding flights with detainees;

?      All information pertaining to the planned flight, including whether the flight was postponed or altered to accommodate agents;

?      The capacity at each ICE facility on June 2, 2020;

?      Whether any detainees transferred to Farmville on June 2, 2020, were subject to the Title 42 expulsions conducted by the Administration;

?      The I-216 of each detainee transferred to Farmville on June 2, 2020;

?      The number of ICE transfers during the entirety of the coronavirus pandemic, the justifications behind the transfers, the capacity at the facilities individuals were transferred from and to, and the result of any COVID-19 spread at the facilities to which detainees were transferred;

?      The decision-making process that went into making the June 2 transfer and all other transfers during the pandemic, including communication between ICE headquarters, field offices, private contractors, and local officials involved in the management of the facilities where transfers have taken place as well as agency and administration guidance, memos, and any other information guiding ICE’s decision process to embark on transfers during the pandemic;

?      Whether any assessments or inquiries were made of the local hospital and medical capacity to handle possibly infected detainees prior to transfer;

?      ICE’s use of “ICE Air” charter flights to transfer detainees during the pandemic.

ICE and ICA’s response to the COVID-19 outbreak in Farmville raises the alarm about people’s safety and the nature of ICE detention. And ICE and DHS’s disregard of Senate inquiry in the face of clear mishandling of the situation and people’s lives is unacceptable. It is critical for the OIG to investigate the transfer of individuals in ICE custody during the COVID-19 pandemic in the context of the pattern and practice of abuse and the lack of accountability within ICE facilities.

Sincerely,

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