WASHINGTON – Today, Democrats on the Senate Intelligence Committee sent a letter demanding that the Department of Homeland Security (DHS) provide information to the Committee about the role that its Office of Intelligence and Analysis (I&A) has played in responding to the protests in Portland, OR. The letter was signed by Committee Vice Chairman Sen. Mark R. Warner (D-VA) and Sens. Dianne Feinstein (D-CA), Ron Wyden (D-OR), Martin Heinrich (D-NM), Angus King (I-ME), Kamala Harris (D-CA) and Michael Bennet (D-CO).

“We have grown increasingly concerned about the role and operations of the Department of Homeland Security, and the Office of Intelligence and Analysis (I&A) in particular, with regard to the protests in Portland, Oregon.  As a member of the Intelligence Community, I&A is obligated by statute to keep the congressional intelligence committees fully and currently informed of its operations.  Given the intense national as well as congressional interest in DHS activities related to protests in Portland and around the country, documents and other information related to I&A’s operations should be provided to the Committee pro-actively, and not merely in response to repeated requests or following revelations in the press,” wrote the Senators in the letter, which was addressed to Acting Under Secretary of Homeland Security for Intelligence and Analysis Brian Murphy.

The Senators posed a series of 25 questions to the Department, setting an August 6, 2020 deadline to reply:

1.      Of the I&A personnel deployed to, or otherwise who have been assigned to missions connected to the Portland protests, how many are analysts and how many are collectors?  What I&A mission centers do they work for?  What backgrounds and training do they have that are relevant to the Portland mission? 

2.      Has I&A employed any contractors for the Portland mission?  If yes, please describe their roles.

3.      Where have I&A personnel in Portland physically worked and with whom have they been co-located?

4.      Please provide a breakdown of the DHS components I&A personnel have supported and a description of the support provided to each such component.  To what extent does the chain of command of I&A personnel include those components, as opposed to I&A Headquarters?

5.      Please describe interactions and coordination between I&A personnel in Portland and state and local law enforcement and political authorities.

6.      Please describe interactions and coordination between I&A personnel in Portland and federal law enforcement, including elements of the Departments of Justice and Homeland Security.

7.      A July 9, 2020, I&A document describing “Portland Surge Operation” states that I&A personnel may “collect from incarcerated, detained, or arrested persons” so long as the collection is conducted overtly.  You stated during a briefing for Committee staff on July 23, 2020, that I&A personnel have not engaged in custodial debriefings.  Please confirm.  Have I&A personnel been indirectly engaged with detainee operations, for example, by providing collection requirements or requests, or suggested lines of questioning, to detaining authorities or otherwise requesting or receiving information related to detainees?

8.      You also stated during the July 23, 2020, briefing that I&A personnel have not interacted with protesters in any way.  Please confirm.

9.      During the July 23, 2020, briefing, you stated that I&A had neither collected nor exploited or analyzed information obtained from the devices or accounts of protesters or detainees.  Please confirm.

10.  Please describe I&A’s open source collection.  What rules of engagement apply to open source collection in the context of protests in which the vast majority of participants are exercising their First Amendment rights?  What rules or guidance does I&A follow to distinguish actual threats of violence or vandalism from political hyperbole, and what training do I&A personnel receive on the implementation of that guidance?

11.  What processes does I&A have to vet the authenticity of open source threat reporting?  What processes does I&A have to vet the authenticity of social media accounts in which individuals take credit for acts of violence or vandalism, on their own behalf or on behalf of an ideology?  How has this vetting been conducted prior to disseminating this information, or using it as a basis for analysis?

12.  Have I&A operations in connection with the Portland protests been reviewed by an I&A Intelligence Oversight Officer, DHS’s Privacy Office and Office for Civil Rights and Civil Liberties, or any other DHS personnel responsible for reviewing the impact of I&A operations on the privacy and civil liberties of U.S. persons?  If yes, please describe those reviews.

13.  The “Job Aid” document authorizes collection of information that “informs an overall assessment that threats to [law enforcement] personnel, facilities, or resources will materialize.”  The document includes a similar explicit authorization with regard to public monuments, memorials and statues.  Can I&A collect information on U.S. persons who are not threatening violence and, if so, under what circumstances?

14.  Has I&A conducted network analysis linking individuals suspected of violence?  If yes, please describe how that analysis has been conducted while not collecting on U.S. persons not suspected of violence?  Please provide any such analysis.

15.  During the July 23, 2020, briefing, you stated that I&A is able to track those who engage in violent acts because “it is the same people who come out after midnight.”  Please describe how I&A is able to differentiate between peaceful protesters exercising their First Amendment rights and those individuals who have planned or conducted acts of violence, and what information or intelligence is used in making this determination.

16.  Has I&A produced or contributed to targeting packages or dossiers on particular suspects?  If yes, please provide these to the Committee.

17.  On July 16, 2020, the FAA put in place flight restrictions over Portland to prevent drones from flying below 1000 feet.  The FAA cited a DHS conclusion that private drone use presented a threat.  Please provide any intelligence to support that conclusion.

18.  Have I&A personnel obtained or analyzed data from overhead surveillance of protests?  If yes, please describe.

19.  On July 25, 2020, you sent a memo to I&A personnel in which you stated that individuals in Portland committing acts of violence are “VIOLENT ANTIFA ANARCHIST INSPIRED (VAAI).”  Please describe the origin of this designation and the analytical process whereby it was developed and applied.

20.  Your July 25, 2020, memo stated that the VAAI designation was informed by FIRs, OSIRs, “baseball cards” and FINTEL.  Please provide these documents to the Committee.

21.  Please describe how I&A has applied its retention guidelines to information related to the Portland protests.  What information has been marked for indefinite retention?  How has I&A sought to apply its 180-day retention limitation to information it has disseminated?

22.  Please describe what I&A raw reporting has been disseminated to what entities, whether DHS, federal law enforcement, state or local or municipal law enforcement, or the Intelligence Community.

23.  Are there limits to I&A’s role in protecting public monuments, memorials or statues absent threat of violence to persons?  Does it matter whether such monuments, memorials or statues are on federal, state, local, or private property?

24.  What other cities has I&A deployed to, or plans to deploy to in response to protests or associated threats of violence?  Please provide any documentation or guidance related to any such deployments.

25.  According to press accounts, I&A disseminated Open Source Intelligence Reports on a journalist and a legal scholar who had written about I&A.  If that is accurate, provide those reports, a complete description of who they were disseminated to, and an explanation of the purpose and basis for the reports and their dissemination under law and I&A’s intelligence oversight guidelines, including with regard to the identification of any U.S. persons within them.

A copy of the letter is available here. 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen, Dianne Feinstein (D-Calif.), Ron Wyden (D-Ore.) Bob Casey (D-Pa.), and Cory Booker (D-N.J.) wrote a letter to the Appropriations Committee leadership urging the Committee to include funding to modernize federal information technology within the next COVID-19 relief package.

The Senators begin, “As the Senate begins the process of negotiating and considering the next coronavirus pandemic relief supplemental appropriations bill, we urge you to include significant additional funding to modernize federal information technology (IT) systems through the Technology Modernization Fund (TMF).”

They go on to urge the need for updated federal IT in order to best serve individuals and businesses seeking help from federal agencies at this time. They write, “The federal COVID-19 response has dramatically exposed the failures of outdated, legacy federal IT systems and shone a light on the need for agencies to more quickly modernize their networks. For example, in its June 2020 report, the Pandemic Response Accountability Committee identified multiple agencies where IT systems struggle to accommodate large percentages of teleworking federal employees, causing system problems that slow the place of normal functions like claims processing, increasing security risk, and making telework inefficient and frustrating. In other cases, small business owners and citizens were deeply frustrated by poorly functioning claims systems.”

The Senators stress the relevance of the TMF to address current IT needs, stating, “Congress authorized the TMF specifically to rapidly advance projects that can have an impact quickly, subject to oversight of a board of experts and specific criteria. We should provide a major funding allocation to the TMF now for projects that will provide the bandwidth, security, and functionality needed to make teleworking federal workers just as productive at home as in the office, and for other urgent COVID-19 response needs...”

They conclude, “As you are aware, the HEROES Act, passed by the House of Representatives on May 15, 2020, included $1 billion for the TMF, to remain available until the end of Fiscal Year 2022. We urge you to include the same level of funding for TMF in the next COVID-19 supplemental spending bill to help address technology and related risks identified during the ongoing COVID-19 response.”

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

Chairman Shelby, Vice Chairman Leahy, Chairman Kennedy, and Ranking Member Coons:

As the Senate begins the process of negotiating and considering the next coronavirus pandemic relief supplemental appropriations bill, we urge you to include significant additional funding to modernize federal information technology (IT) systems through the Technology Modernization Fund (TMF).

Congress created the TMF in 2017 through the Modernizing Government Technology Act to help federal agencies rapidly execute IT modernization projects that meet specific criteria. The TMF is governed by an eight-member board of federal IT, financial management, and acquisition experts with significant transparency and ample opportunity for Congressional oversight, including periodic reports to Congress and submission of spending plans. Since 2018, the TMF has sponsored a range of IT system modernizations with specific benefits to citizen services and transitioning outdated systems to more modern platforms.

The federal COVID-19 response has dramatically exposed the failures of outdated, legacy federal IT systems and shone a light on the need for agencies to more quickly modernize their networks. For example, in its June 2020 report, the Pandemic Response Accountability Committee identified multiple agencies where IT systems struggle to accommodate large percentages of teleworking federal employees, causing system problems that slow the place of normal functions like claims processing, increasing security risk, and making telework inefficient and frustrating. In other cases, small business owners and citizens were deeply frustrated by poorly functioning claims systems. While some federal agencies are to be commended for heroic efforts to address these challenges using small amounts of funding in the CARES Act, their individual successes highlight the scale of the remaining needs.

Congress authorized the TMF specifically to rapidly advance projects that can have an impact quickly, subject to oversight of a board of experts and specific criteria. We should provide a major funding allocation to the TMF now for projects that will provide the bandwidth, security, and functionality needed to make teleworking federal workers just as productive at home as in the office, and for other urgent COVID-19 response needs such as scaling claims processing systems, improving the security of citizen information, enhancing fraud prevention, and addressing long-delayed and well documented enterprise legacy IT systems modernizations.

As you are aware, the HEROES Act, passed by the House of Representatives on May 15, 2020, included $1 billion for the TMF, to remain available until the end of Fiscal Year 2022. We urge you to include the same level of funding for TMF in the next COVID-19 supplemental spending bill to help address technology and related risks identified during the ongoing COVID-19 response.

Thank you for your consideration, and we look forward to working with you on this and other matters.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued the following statement today in response to the release of the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act – the proposal put forward by the White House and Senate Republican leaders as a starting point for bipartisan, bicameral negotiations on another COVID-19 relief package:

“The Democratic House passed the HEROES Act ten weeks ago. Since then, the health and economic crisis has continued unabated. Millions of Americans are facing eviction or foreclosure; state and local governments are drowning in red ink; and 30 million Americans relying on unemployment to survive are facing the expiration of expanded benefits this week. Instead of taking urgently needed steps to address these problems, the White House and Senate Republican leaders have put forward a bill that fails to match the scale of the crisis or the needs of the American people. Instead, their proposal focuses on liability protections for businesses, as though that is our country’s most urgent challenge right now, and bizarrely includes money for a new FBI building in Washington, D.C. that has no connection to the current crisis and which the FBI neither wants or needs, having already spent millions planning for a new headquarters building in Virginia or Maryland.

“In our conversations with the Administration and our colleagues from both parties, we will be strongly advocating for a bill that funds critical priorities like healthcare and testing, rental and mortgage assistance, broadband access, child care, K-12 and higher education, job training, election security, hunger assistance, and help for communities of color that have been disproportionately hard-hit by the effects of COVID-19. The American people simply cannot afford for the Senate to waste any more time in addressing these urgent crises, and we are eager to work with anyone, Republican or Democrat, who is ready to do something about these serious challenges.” 

The U.S. House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act on May 15 by a vote of 208 - 199.

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WASHINGTON – U.S. Senator Ben Cardin and Chris Van Hollen (Both D-Md.) and Mark R. Warner and Tim Kaine (Both D-Va.) are calling on Senate leadership to reject the Trump adminstration’s attempt to add funding for a downtown headquarters for the Federal Bureau of Investigation (FBI) into the latest COVID-19 relief package. The four senators urged that the language be removed from any COVID-19 legislation.

“The United States is in the midst of a public health crisis and an economic downturn. Addressing these related challenges requires us to work together to consider the ways Americans have been suffering during this pandemic and the many different sectors of our economy that have been impacted. Faced with this formidable task, the Administration’s request for nearly two billion dollars for a pet real estate project reveals a warped sense of priorities and further demonstrates its inability to formulate a plan to lead us forward,” the senators wrote in their letter to Senators Mitch McConnell, Chuck Schumer, Richard Shelby and Patrick Leahy.

“To make progress towards this common goal of providing our FBI agents with the facility they deserve, perhaps the Administration can answer the backlog of questions from Congress about why, at great cost to American taxpayers, it abandoned efforts to develop a new campus headquarters for the FBI, and it can cooperate with the ongoing Department of Justice Inspector General’s investigation into this conduct. These actions would be more productive than asking taxpayers to fund this proposal in an unrelated COVID-19 relief bill,” they added.

“We look forward to working with you on an effective relief package that provides essential support to American families, workers, and the economy.”

The full letter can be found at this link.

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Washington, D.C. — U.S. Senate Select Committee on Intelligence Acting Chairman Marco Rubio (R-FL) and Vice Chairman Mark Warner (D-VA) made public newly declassified material as part of the report titled “Review of the Intelligence Community Assessment,” the fourth and penultimate volume in the Committee’s bipartisan Russia investigation. The newly declassified material comes as a result of recent Department of Justice (DOJ) and Office of the Director of National Intelligence (ODNI) disclosures. Rubio and Warner released the following joint statement:

“Recently, the ODNI and DOJ publicly released information relevant to the Committee’s bipartisan Russia investigation. As such, we asked them to reconsider the classification of parts of Volume 4 of the Committee’s bipartisan report, and today we are making public that newly declassified material.”

You can read the additional declassifications of “Volume IV: Review of Intelligence Community Assessment” here.

Read the Senate Intelligence Committee’s previous reports:

• “Volume I: Russian Efforts Against Election Infrastructure”
• “Volume II: Russia’s Use of Social Media”
• “Volume III: U.S. Government Response to Russian Activities”
• “Volume IV: Review of the Intelligence Community Assessment”

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Washington, DC – Today, Speaker of the House Nancy Pelosi (D-CA), Senate Democratic Leader Chuck Schumer (D-NY), House Intelligence Committee Chairman Adam Schiff (D-CA), and Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) issued a joint statement following the Office of Director of National Intelligence (ODNI) releasing an update on election security and foreign threats one hundred days before the election: 

“Almost exactly four years ago, we first observed the Russians engaging in covert actions designed to influence the presidential race in favor of Donald Trump and to sow discord in the United States.  Now, the Russians are once again trying to influence the election and divide Americans, and these efforts must be deterred, disrupted and exposed.

“The statement just released by National Counterintelligence and Security Center (NCSC) Director William Evanina does not go nearly far enough in arming the American people with the knowledge they need about how foreign powers are seeking to influence our political process. The statement gives a false sense of equivalence to the actions of foreign adversaries by listing three countries of unequal intent, motivation and capability together. The statement, moreover, fails to fully delineate the goal, nature, scope and capacity to influence our election, information the American people must have as we go into November. To say without more, for example, that Russia seeks to ‘denigrate what it sees as an anti-Russia 'establishment' in America’ is so generic as to be almost meaningless. The statement omits much on a subject of immense importance.

“In our letter two weeks ago, we called on the FBI to provide a defensive briefing to the entire Congress about specific threats related to a concerted foreign disinformation campaign, and this is more important than ever.  But a far more concrete and specific statement needs to be made to the American people, consistent with the need to protect sources and methods.  We can trust the American people with knowing what to do with the information they receive and making those decisions for themselves. But they cannot do so if they are kept in the dark about what our adversaries are doing, and how they are doing it.  When it comes to American elections, Americans must decide.”

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Washington, D.C. — Senate Select Committee on Intelligence Acting Chairman Marco Rubio (R-FL) and Vice Chairman Mark Warner (D-VA) applauded the passage of the Intelligence Authorization Act for Fiscal Year 2021 (IAA) as part of the Fiscal Year (FY) 2021 National Defense Authorization Act. The bill, which was approved by the Committee on a bipartisan 14 - 1 vote on June 3, 2020, authorizes funding, provides legal authorities, and enhances Congressional oversight for the U.S. Intelligence Community.

“Last month, the Senate Intelligence Committee passed the IAA for Fiscal Year 2021 in overwhelming bipartisan fashion, and I applaud my Senate colleagues for supporting this critical legislation as part of the FY 2021 NDAA,” Acting Chairman Rubio said. “Our nation continues to face ever-expanding threats from hostile foreign actors, including China, Russia, Iran, and North Korea. It is vital that our Intelligence Community has the necessary resources, authorities, and personnel to protect America’s national security, and the Senate Intelligence Committee’s strong, bipartisan legislation does just that. Our bill also increases government efficiency and represents comprehensive Congressional oversight to ensure that these tools are executed responsibly and cost-effectively.” 

"I am proud to represent many of the men and women in the intelligence community who work every day to make our nation safer, and this bill furthers our bipartisan efforts to help them accomplish their mission,” Vice Chairman Warner said. “I am particularly pleased with the additional reforms we have made to the security clearance process, which continues a multi-year effort to bring that system into the 21st century. I would thank Acting Chairman Rubio and Senator Burr for working closely with me on this bill."

Background:

The IAA for Fiscal Year 2021 ensures that the Intelligence Community can continue its critical work for our country while Congress continues its oversight, including in the following key areas:

• Confronting our adversaries’ attempts to compromise telecommunications and cybersecurity technology;

• Development and deployment of secure 5G networks based in open-standards to compete with our adversaries;

• Identifying corruption, influence operations, and information suppression by the Chinese government, in particular in this critical time for the people of Hong Kong;

• Uncovering Russian and Eastern European oligarchs’ corruption and illegal activities;

• Protecting against foreign influence threats and election interference on social media platforms;

• Creating Intelligence Community-wide policies to facilitate sharing cleared contractor information with private companies to enhance the effectiveness of insider threat programs;

• Requiring the publication of guidelines for granting, denying, or revoking a security clearance and preventing the revocation or denial of a clearance for reasons of discrimination, political beliefs, or retaliation; and

• Advancing Intelligence Community hiring flexibilities, student loan repayment programs, and child care for IC personnel.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) introduced legislation to prevent the Trump Administration from reducing or redirecting education funding for schools that determine they cannot safely reopen for in-person instruction in the fall. This bill comes as the Trump Administration continues to pressure education leaders to fully reopen schools by threatening to cut education funding.

“The decision to reopen schools should be informed by local health figures and determined by community health officials, parents and teachers,” said Sen. Warner. “Instead of working to support such efforts during this global pandemic, President Trump and Education Secretary Betsy DeVos are blindly pressuring schools all across the country to make decisions that may put students, teachers, and families at risk. This bill makes it clear that the Administration has no legal authority to cut critical education funding during the COVID-19 crisis.”

Specifically, the legislation prohibits the promulgation of any federal regulation, guidance, or policy that requires in-person instruction during this public health crisis. It clarifies that the Secretary of Education cannot compel in-person instruction during an emergency as declared by a federal, state, or local authority, with respect to COVID-19. The bill would apply to any program for which the Secretary of Education has administrative responsibility under the General Education Provisions Act.

Sen. Warner has continued to be a strong advocate for education during the COVID-19 crisis. In May, he joined his Senate colleagues in introducing a bill to ensure K-12 students have adequate home internet connectivity and devices so that they may participate in online learning during this health crisis. He has also repeatedly advocated for robust funding and distance learning resources for K-12 students.

Full text of the bill is available here.

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WASHINGTON, D.C. – U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Bob Menendez (D-N.J.), Ben Cardin (D-Md.) and group of Senate colleagues in introducing the COVID-19 Health Disparities Action Act to address the disproportionate impact of COVID-19 on communities of color. The bill would require  targeted testing, contract tracing, public awareness campaigns and outreach efforts specifically directed at racial and ethnic minority communities and other populations that have been made vulnerable to the COVID-19 pandemic.

“COVID-19 has had a particularly devastating impact on racial minorities across America,” said Sen. Menendez. “The fact is black and brown Americans suffer higher rates of chronic disease, inequitable access to health care, fewer economic opportunities, and in some cases real language barriers. Add to that the lack of testing, tracing and education efforts by the Trump Administration targeting communities of color during this pandemic and the impact is deadly. The COVID-19 Health Disparities Action Act would create a much needed plan of action specifically designed to address this issue at the federal, state and local levels.”

“COVID-19 has disproportionately impacted communities of color and the Trump administration’s response has failed to address the needs of these vulnerable populations,” said Sen. Cardin. “Health disparities for people of color is rooted in systemic racism, racial discrimination, and record-high levels of income inequality. The COVID-19 Health Disparities Action Act will ensure that future public health response efforts, including testing, contact tracing, and potential vaccine distributions are tailored for diverse communities. Our bill will help racial and ethnic minorities in the ongoing fight against this pandemic, and will help inform future reform efforts to reverse long-standing systemic racism in medical research, testing and delivery of care.”

According to the COVID Racial Data Tracker, the pandemic has a disproportionate impact on communities of color. Nationwide, African Americans are dying from COVID-19 at approximately 2.5 times the rate of white people. American Indian, Alaska Native, Hispanic, and Asian American communities are also facing disproportionate rates of COVID-19.

In New Jersey, 21.3 percent of COVID-19 deaths involve African Americans, although they make up just 14 percent of the state’s population. Hispanics account for 25.7 percent of COVID-19 cases despite making up 20.6 percent of the state’s population.

In Maryland, 40.6 percent of COVID-19 deaths involve African Americans, although they make up 30 percent of the state’s population. Hispanics account 25.9 percent of COVID-19 cases despite making up just 10 percent of the state’s population.

The bill is supported by Families USA, the National Hispanic Medical Association (NHMA), the National Alliance against Disparities in Patient Health (NADPH) the Friends of the National Institute on Minority Health and Health Disparities (NIMHD), the National Council of Urban Indian Health (NCUIH) and UnidosUS.

“Families USA thanks Senator Menendez and Senator Cardin for their leadership at such a critical time in our country and for championing health equity. The COVID-19 Health Disparities Action Act of 2020 centers the needs of historically marginalized communities who have been disproportionately impacted by COVID-19,” said Amber A. Hewitt, Ph.D., Director of Health Equity, Families USA. “This bill addresses the need for complete and accurate data collection on COVID-19 health outcomes, to better inform and tailor testing and contact tracing efforts, and eventually equitable distribution of a COVID-19 vaccine, which will be dependent upon culturally and linguistically appropriate messaging. This pandemic has not only exacerbated disparities in health and health care outcomes, but also health inequities, which are unjust and avoidable.”

“Latino communities continue to have high rates of infections, hospitalizations, and deaths from COVID-19. NHMA strongly supports the COVID-19 Health Disparities Action Act because it will support targeted strategies to reduce health disparities for COVID-19 and future public health emergencies,” said Elena Rios, MD, MSPH, FACP, President & CEO of the National Hispanic Medical Association.

“As the impact of COVID-19 health disparities has shown all too well, whether from a public health or an economic perspective, the effect of health disparities is a National crisis,” said Alex J. Carlisle, Ph.D.; Founder, Chair, & CEO, National Alliance against Disparities in Patient Health (NADPH). “By allocating resources to the communities most severely impacted by COVID-19, and the agencies and stakeholders with recognized and demonstrated commitments to serving these communities, the COVID-19 Health Disparities Action Act of 2020 provides the National leadership and response needed to help our Nation overcome this crisis.” 

The COVID-19 Health Disparities Action Act would:

• Require the Trump Administration to develop an action plan to address the disproportionate impact of COVID-19 among racial and ethnic minority, rural, and other vulnerable populations.
• Require states to revise testing and contact tracing plans to address racial and ethnic minority, rural, and other vulnerable populations experiencing health disparities related to COVID-19.
• Authorize the development of targeted public awareness campaigns about COVID-19 symptoms, testing, and treatment directed at racial and ethnic minority, rural, and other socially vulnerable populations disproportionately impacted by COVID-19.
• Ensure that federally funded contact-tracing efforts are tailored to the racial and ethnic diversity of local communities.  

Joining Sens. Warner, Menendez and Cardin as co-sponsors of the legislation are Sens. Elizabeth Warren (D-Mass.), Chris Van Hollen (D-Md.), Ed Markey (D-Ore.), Tina Smith (D-Minn.), Cory Booker (D-N.J.), Catherine Cortez Masto (D-Nev.), Jeff Merkley (D-Ore.), Mazie K. Hirono (D-Hawaii), Bernie Sanders (I-Vt.), Jeanne Shaheen (D-N.H.), Richard Blumenthal (D-Conn.), Jacky Rosen (D-Nev.), Kamala Harris (D-Calif.), Maggie Hassan (D-N.H.), and Amy Klobuchar (D-Minn.).

“We’ve seen that communities of color all over the country have been disproportionately affected by this pandemic. In many cases, these disparities have been exacerbated by factors like overrepresentation in front-line jobs, higher rates of chronic health conditions, inequitable access to health care, and bias within the health care system itself. That’s why we need to be doing everything possible to make sure the hardest hit communities have access to the targeted tools they need to respond to the COVID-19 crisis,” said Sen. Mark R. Warner.  

“Structural racism continues to plague our country, and its impact can be seen in the pandemic’s disproportionate toll on Black and Latino neighborhoods and in Indian Country,” said Sen. Warren. “Addressing the public health impacts of systemic racism must be at the very heart of the federal government's response to this pandemic, and that starts with quickly passing the COVID-19 Health Disparities Action Act.”

“COVID-19 has ravaged communities of color in Maryland and throughout our country. This pandemic has laid bare the deep-seated health and socioeconomic inequities that many Black and Latino Americans face and their deadly impacts. As they experience higher rates of COVID-19 and are disproportionately working on the front lines of the COVID response, it is unacceptable that the Trump Administration has no plan to tackle this crisis. Our bill will concentrate resources where they’re needed most and ensure that our response to COVID-19 is tailored to best reach these communities,” said Sen. Van Hollen.

“The coronavirus pandemic is a public health and economic crisis without precedent in our lifetimes, and it is abundantly clear that this virus has not only exposed, but also exacerbated, the deep, structural racial inequalities that have been taking the lives and livelihoods of people of color and Black Americans in particular for centuries,” said Sen. Booker. “Our bill seeks to create a much-needed national strategy for addressing the deadly disparities exacerbated by COVID-19 and any future public health crises by directing resources that are accessible and responsive to the communities that need them the most.”    

“Growing data on COVID-19 is making one thing clear: communities of color are being disproportionately affected by this pandemic,” said Sen. Cortez Masto. “Many are frontline workers who don’t have the luxury of working from home and for those who live in multigenerational homes, social distancing is nearly impossible. We cannot hope to get ahead of the curve without addressing the racial inequities that exist in how COVID-19 spreads and how we respond. This bill does exactly that by developing a different approach to COVID-19 to address the health disparities that exist in our communities.”

“The COVID-19 pandemic has laid bare the grim reality of persistent disparities in our health care system. Nationwide, racial and ethnic minorities have experienced higher rates of infection and worse health outcomes, and in Hawaii, our Pacific Islander community has been disproportionately impacted by the virus,” said Sen. Hirono. “This legislation takes important steps to address COVID-19 health disparities with a clear strategy to tailor testing, contact tracing, and outreach to communities of color.”

“COVID-19 has taken a particularly devastating toll on communities of color while the administration has failed at remedying this tragedy,” said Sen. Blumenthal. “I’m proud to co-sponsor this legislation to help address existing health disparities which have acutely exacerbated this crisis. This bill will ensure a robust investment in a public health approach tailored to communities of color and help combat deeply-rooted racism in medical research and the health care delivery system, strengthening our public health system for generations to come.”

“Longstanding inequities have caused communities of color to be disproportionately affected by the coronavirus,” said Sen. Rosen. “In Nevada, our state’s Latino population is being devastatingly impacted at a higher rate from COVID-19 than any other group. This legislation will help address racial and ethnic health disparities by increasing testing, contact tracing, and outreach to our most affected communities. We must take concrete steps to overcome these health inequalities now and for the future. I will continue working to protect the well-being of all Nevadans.”

“People of color represent 10 percent of New Hampshire’s population, but 25 percent of our COVID-19 cases – and similar health care disparities have existed for far too long,” Sen. Hassan said. “I recently spoke with public health leaders in New Hampshire about the racial disparities in health care outcomes and this legislation is a good first step to help address these unacceptable inequities in our health care system.” 

Earlier this year, Sen. Menendez called on the Trump Administration to do more to help minority communities that are seeing a disproportionately higher impact from the COVID-19 pandemic, and also urged pharmaceutical companies to include patients from diverse backgrounds in clinical trials for a COVID-19 vaccine.

The text of the bill can be downloaded here and a one pager is available here.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Steve Daines (R-MT), members of the Senate Finance Committee, introduced bipartisan legislation to establish a $500 million emergency portable benefits fund for states. Under this legislation, the U.S. Department of Labor would administer funds to states to assist them with setting up a portable benefits program for independent workers. The federal funds would also pay for a portion of the costs associated with modernizing states’ Unemployment Insurance (UI) technology systems – a move that would facilitate expanded benefits eligibility and support long-term innovation. Sens. Warner and Daines are seeking to include the proposed legislation in the next COVID-19 relief package.

“Right now, millions of independent, freelance, domestic, and entrepreneurial workers have no social safety net to fall back on. I’ve been sounding the alarm on this for years, and as this pandemic has shown, this is a problem that can wreak havoc on both individual families and on our economy as a whole,” said Sen. Warner. “As we continue to face this health and economic crisis, Congress must act to give states the tools they need to address this problem for the long term. We shouldn’t need an Act of Congress to get workers access to a safety net every time there’s a crisis or economic downturn. We will be right where we were before this crisis if we don’t find some innovative solutions. That’s why we’re introducing this legislation to provide funding for states to experiment with new models for assisting workers and learn what works through a national impact evaluation.”

“Allowing states to experiment with portable benefit models and providing funding to modernize Unemployment Insurance technology systems are just plain commonsense ideas,” said Sen. Daines. “This bill will help encourage bottom-up solutions to the problems we are seeing play out in real-time during this pandemic, and help make sure the country is better prepared to deal with these issues when the next crisis hits.”

The CARES Act granted these non-traditional workers access to state-administered unemployment insurance (UI) programs for the first time. However, reports indicate that millions of these workers have struggled to access these benefits in part due to clunky and outdated state IT systems that administer the benefits and implementation issues. What’s more, the programs created by Congress are temporary and do not address access to portable benefits in the long term. 

Moving forward, this legislation would provide supplemental funds for states to update their unemployment systems for the 21^st century, for the purposes of long-term innovation. The emergency benefits proposal would also provide funding for states – in partnership with cities, localities and worker advocate non-profits – to experiment with innovative proposals for portable benefits, such as paid leave, retirement plans, the longer-term expansion of UI eligibility, and other programs specific to local economies.

This bill will also help shed light on which experimental portable benefit models work best. Under this legislation, states are required to submit data on the effectiveness of their approach and its returns for workers, broken down by socioeconomic and racial figures. The Government Accountability Office will then evaluate this data and use it to create a report on the impact of the program.

For more than three years, Sen. Warner has led the bipartisan Portable Benefits for Independent Workers Pilot Program Act to establish a grant fund for states, localities and nonprofit organizations to experiment with portable benefits models for the growing independent workforce. Today’s bill – which comes after an initial bill proposal – builds on that effort in light of the COVID-19 health and economic crisis, which has left many self-employed entrepreneurs and independent workers with no or reduced incomes and little access to long-term traditional benefits programs. 

This legislation has the support of a number of experts and groups including David Rolf the former President of SEIU 775, the National Domestic Workers Alliance, the Aspen Institute’s Future of Work Initiative, Marcela Escobari of the Brookings Institution, R Street Institute, the Center for American Entrepreneurship, and SAG-AFTRA.

“The Center for American Entrepreneurship applauds the introduction of the Emergency Portable Benefits for Independent Workers Act.  The fact that critical benefits such as paid leave, worker retraining, child care, and retirement security are typically provided by corporate employers has emerged as a significant public policy challenge, as 1 in 10 Americans in the labor force are consistently in alternative work arrangements.  In addition, the prospect of losing such employer-provided benefits is a major structural obstacle to entrepreneurship at a time when rates of new business formation have been in decline for years.  By providing a framework for entrepreneurs to access benefits independent from employers, the Act will accelerate policy innovation within states with regard to the provision of critical benefits and enhance worker mobility.  CAE thanks Senators Mark Warner (D-VA) and Steve Daines (R-MT) for their leadership, and looks forward to working with them toward swift passage of the Act,” said John Dearie, President, Center for American Entrepreneurship.

“We applaud Senator Warner’s long commitment to ensure independent workers have basic protections for themselves and their families when striving to make a living in the emerging gig economy.  Establishing a basic set of benefit protections that working Americans can carry with them, when working and when between jobs, is critical to the safety and well-being of a growing workforce.  This truth has become ever more essential in the era of a global pandemic, when so many Americans have lost jobs but still need to provide the protection of basic health care and other support for their children and families. Many of our SAG-AFTRA members take on all manner of jobs as they work to build a career in entertainment, and we want to see them supported throughout their journey,” said David White, National Executive Director, SAG-AFTRA.

“For years, a mix of too much regulation and too little creativity has led to near-stasis in the ways American firms and governments have allowed those working under alternative arrangements to access benefits. This bill promises to break through the morass and encourage real creativity. Anyone who wants to use this moment of crisis to innovate should strongly consider supporting it,” said Eli Lehrer, President, the R Street Institute.

A summary of the bill is available here. Text of the bill can be found here.

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WASHINGTON – U.S. Senators Mark Warner (D–Va.) and Tim Scott (R–S.C.) introduced the Long-Term Care (LTC) Pharmacy Definition Act of 2020. This bipartisan legislation, if passed, will ensure seniors requiring long-term care have access to the medication and treatments they need. This bill would also codify an adaptable definition for “long-term care pharmacy” to enhance clarity and consistency across diverse programs and agencies. Without adding new costs to the healthcare system, a clear federal definition for LTC pharmacy would provide policymakers and regulators with the tools needed to facilitate the unique supports that these pharmacies offer, within both current models and the innovative models of the future.  

 "Long-term care pharmacies are essential to providing quality care to millions of our nation’s seniors. Unfortunately, under existing rules, they are regulated in the same way as more traditional retail pharmacies, which has created unnecessary bureaucracy around providing life-saving medication and services for a vulnerable population," said Sen. Warner. “That’s why we’re introducing legislation that will create a distinct definition for long-term care pharmacies to better reflect the specialized care they provide for the senior population they serve."

"This commonsense legislation would ensure clarity and consistency for our long-term care pharmacies without adding costs to our healthcare system," said Sen. Scott. “I urge my colleagues to support this bipartisan bill, which will make it easier for this important sector to navigate regulatory confusion and allow them to care and provide for our nation’s seniors."

Congressmen Markwayne Mullin (R-OK) and Kurt Schrader (R-OR) introduced companion legislation in the House of Representatives.

"Long Term Care Pharmacies provide critical services for seniors, who often require multiple prescriptions to maintain their health. Because there is no statuary definition for LTC Pharmacies, they must negotiate a patchwork of vague, inconsistent provisions, which could disrupt services and impact care for seniors. This commonsense legislation will help agencies give more consistent regulatory direction as well as streamline services to residents,” said Rep. Mullin.

"The personal services that long term care pharmacies provide seniors, many who take upwards of 10 medications per day, are critical for the health and wellness of millions of Americans,” said Rep. Schrader. "COVID-19 has had a disproportionate effect on this vulnerable population and now more than ever a consistent regulatory framework that defines long term care pharmacies is crucial. This bipartisan legislation will offer greater governmental oversight and create regulatory consistency across multiple federal agencies."

"Now more than ever, as the nation’s LTC community copes with the unprecedented impact of COVID-19, establishing a clear and consistent regulatory framework for LTC pharmacies is essential,” said Alan G. Rosenbloom, President and CEO of the Senior Care Pharmacy Coalition. “We commend Senators Scott and Warner as well as Congressmen Schrader and Mullin for recognizing the unique value proposition LTC pharmacies offer seniors in nursing homes and other LTC facilities by introducing this much-needed legislation. The patient care services LTC pharmacies provide, including the 12 prescriptions per day per person on average, are crucial to the health and safety of our most vulnerable citizens."

Full text of the bill is available here.

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA), Cory Booker (D-NJ), Kamala Harris (D-CA) and Democratic Leader Chuck Schumer (D-NY) are introducing the Jobs and Neighborhood Investment Act, legislation to make a new, $17.9 billion investment in low-income and minority communities that have been especially hard-hit by the COVID-19 crisis. Rep. Gregory Meeks (D-NY) will introduce companion legislation in the House.

The legislation would provide eligible community development financial institutions (CDFIs) and Minority Depository Institutions (MDIs) with capital, liquidity, and operational capacity, to expand the flow of credit into underserved, minority, and historically disadvantaged communities, helping small businesses stay afloat and expand operations, while providing affordable access to credit for lower income borrowers. The Senators are seeking to include the Jobs and Neighborhood Investment Act in any upcoming COVID-19 relief legislation to help hard-hit communities weather and recover from the economic blow of the pandemic.

“We know that Black and Latino Americans are disproportionately suffering from the dual health and economic effects of COVID-19, putting many low-income and minority neighborhoods at risk of sustained economic damage that will last far beyond the current crisis. Steps like PPP loans, expanded UI, and one-time stimulus payments helped to soften the blow in some places, but not enough. Jobs that supported these neighborhoods are disappearing overnight, and if we don’t act now, we could see a hemorrhaging of already-limited economic opportunities from these communities that will take generations to recover,” said Sen. Warner. “The Jobs and Neighborhood Investment Act directs billions in new investments to help low- income and minority communities withstand this unprecedented economic downturn and emerge stronger with increased access to capital and new economic opportunities.”

“Even before the pandemic, communities of color and low-income communities were facing deep- seated challenges and structural inequities in accessing capital and economic opportunity,” said Sen. Booker. “Now, as the Coronavirus crisis exposes and exacerbates these inequities, it’s past time we act boldly, by investing in the families, businesses, and communities that have been most impacted and providing them with the resources they need to recover and rebuild.”

“We are in the midst of multiple crises in our country: a public health crisis, which is disproportionately impacting people of color in America; and the resulting economic crisis that is causing financial hardship for our small and minority-owned institutions. As we work to secure additional funding for the survival of businesses across the country, I am proud to work with my colleagues on this next step in not only lifting up the hardest hit communities, but ensuring they thrive in the coming months,” said Sen. Harris.

“Since long before they were hit with the recession created by the COVID-19 pandemic, Black families and business owners have struggled to gain access to capital and banking services necessary to build and maintain strong communities and opportunities for growth. The Jobs and Neighborhood Investment Act would mean billions in resources for the institutions that serve the underfunded and underbanked and provide minority and low income neighborhoods with the resources they need to help them not just weather the storm but thrive over the long-term,” said Sen. Schumer. “If our Republicans colleagues are serious about addressing inequity and getting aid to those who need it most, they should stop focusing on providing immunity to big corporations and make sure our truly small and minority owned businesses, and the institutions that truly seek to serve them, have access to the resources and funding they need to survive and thrive.”

“As Chairman of the House Financial Service Subcommittee on Consumer Protection and Financial Institutions, my focus has been squarely on address the inequities faced by unbanked and underbanked communities, and communities of color that continue to be discriminated against to this day, including in banking and financial services. The COVID19 pandemic has laid bare the vulnerability of these communities, and the urgency of addressing the failures of the financial system that leave these communities behind. Achieving a balanced and sustainable economic recovery requires inclusion of, and investments in minority banks, community development financial institutions, and those banks and lenders that reach marginalized communities,” said Rep. Meeks.

A summary of the bill is available here. Text of the bill is available here.

“The compounding effects of COVID-19 will put many low-income and minority neighborhoods at risk of sustained economic damage,” said David Clunie, Executive Director, Black Economic Alliance. “The Jobs and Neighborhood Investment Act seeks to mitigate economic damage and break down some of the economic barriers Black communities face by strengthening the financial institutions that serve communities of color so they can boost operational capacity and increase lending to Black businesses and lower-income borrowers. By improving access to capital and providing new economic opportunities, this legislation will help Black Americans emerge stronger from the economic downturn that is harming Black communities disproportionately. BEA is proud to have helped shape this bill. We are grateful to Senators Schumer, Warner, Harris, and Booker and Rep. Meeks for their leadership, and we look forward to swift passage of this proposal.”

“In this critical moment, our communities are in dire need of being supported and uplifted,” said Derrick Johnson, President and CEO, NAACP. “The disproportionate impact and strain COVID-19 has placed on low-income neighborhoods has been devastating, and the relief Jobs and Neighborhood Act will provide is sorely needed. I am encouraged by the organizations, elected officials and community leaders that continue to step up and fill in the gap amid this turbulent time; and the NAACP will continue to lead in this fight.”  

 “Underserved communities require specific actions to inject resources that impact families and businesses. The Jobs and Neighborhood Investment Act as Senator Warner proposes must be pointed to these communities as the data proves that there is a disproportionate impact from COVID-19. Therefore, we must itemize the need to repair, restore, and regenerate economic vitality in these communities,” said Kenneth Kelly, Chairman, National Bankers Association.

“The pandemic has illuminated the barriers faced by Black borrowers, business owners and their employees like nothing else in recent memory,” said Marc H. Morial, President and CEO, National Urban League. “The Jobs and Neighborhood Investment Act is a step toward not only reclaiming the economic ground that has been lost over the last few months, but revitalizing the Black communities that still lag behind because of systemic racism and lack of opportunity. The National Urban League recommends passage of this legislation.”

“This bill provides critical support for  CDFIs and MDIs and is a good step toward expanding the flow of credit into underserved and historically disadvantaged communities. This is especially important for communities of color, which have been hit hardest by the current crisis. This legislation will enable business owners of color to survive and expand operations,” said Ashley Harrington, Director of Federal Advocacy and Senior Counsel at the Center for Responsible Lending. “This is a commonsense approach to help local economies, and we look forward to continuing our partnership with Senators Warner, Harris, and Booker and Congressman Meeks in further strengthening this legislation and in getting it passed into law.”

“The African American Alliance of CDFI CEOs supports the Jobs and Neighborhood Investment Act. We believe it is a positive step to ensuring that small businesses most impacted by the pandemic will receive funding- through CDFIs and minority lenders- to assist with restoring and rebuilding communities,” said Donna Gambrell, Chair, and Calvin Holmes, Vice-Chair, The African American Alliance of CDFI CEOs.

“The Jobs and Neighborhood Investment Act has the potential to dramatically increase the flow of responsible investment capital into communities of color. This could be a game changer for community development institutions that are helping underserved communities emerge from the current economic crisis,” said Noel Andrés Poyo, Executive Director, National Association for Latino Community Asset Builders.

“This legislation proposed by Sen. Mark Warner (VA) works to provide the needed capital investments in Black communities that will help families in crises due to the devastating economic impact of the COVID-19 pandemic. These resources will strengthen businesses, increase employment and provide access to affordable credit for many hardworking residents in our country’s most underserved communities,” said Dr. W. Franklyn Richardson, Chairman, Conference of National Black Churches (CNBC).

“Prosperity Now has been honored to work with Senators Warner, Booker, Harris and Congressman Meeks on their Jobs and Neighborhood Investment Act, a comprehensive plan to capitalize and strengthen Minority-Owned Banks and CDFIs, which are fundamental to our communities and their recovery from COVID-19. A key value of this legislation is that it would also prepare us for and respond to the next economic crisis. We fully endorse this bill,” said Doug Ryan, Senior Fellow, Prosperity Now.

“The Local Initiatives Support Corporation (LISC) applauds Senator Warner and the other co-sponsors for recognizing the critical role that CDFIs and Minority Depository Institutions play in providing capital to underserved borrowers and communities, and for providing them with the resources needed to meet the scale of the challenge that is facing the country as we recover from both the health and economic impacts of COVID-19. There is little doubt that the communities served by CDFIs and MDIs are disproportionately impacted by COVID-19, and this legislation provides a thoughtful means of ensuring that scarce federal resources get to the businesses and residents of those communities,” said Maurice Jones, President and CEO, Local Initiatives Support Corporation (LISC).

“The Jobs and Neighborhood Investment Act’s support of minority-owned and minority-led lenders is a great step forward for promoting access to capital for underserved communities and the country at large. We look forward to bipartisan passage and working with all stakeholders to ensure its intent is realized,” said Aron Betru, Managing Director, Milken Institute Center for Financial Markets.

“The current global pandemic has made plain that our financial system is stronger and more dynamic when community development financial institutions grow and thrive.  We applaud the work of Senators Warner, Booker, Harris and Congressman Meeks in advancing the Jobs and Neighborhood Investment Act to strengthen the efforts of community-based lenders by providing them with additional tools to continue reaching those most deeply affected by this crisis,” said Cathie Mahon, President and CEO, Inclusiv.

“Black and Brown communities have been disproportionately impacted by the health and economic effects of the pandemic. More than 40% of black businesses already have shut down. We need urgent investments to change this trajectory, empower a banking system that reaches deep into our minority communities, and help us reach the urgent goal of economic justice. This legislation provides vital support to community and minority-owned banks. Eliminating the racial wealth gap would add more than $1 trillion to our country’s GDP, benefitting all communities. This isn’t a political issue, and I’m hopeful leaders across both parties will come together to drive real change forward, without delay,” said Robert F. Smith, Founder, Chairman and CEO, Vista Equity Partners.

“The Jobs and Neighborhood Investment Act recognizes the critical role CDFIs play in serving communities struggling against persistent racial and economic inequality.  In particular, the Opportunity Finance Network applauds the inclusion of $1 billion in immediate CDFI Fund grants to strengthen CDFIs to do more in the challenging months ahead,” said Jennifer A. Vasiloff, Chief External Affairs Officer Opportunity Finance Network.

“The Jobs and Neighborhood Investment Act will inject vital resources into families, businesses and communities that have been hardest hit by COVID and the economic crisis. By prioritizing investments that increase and leverage the capacity of minority lenders and CDFIs, the Act will significantly advance economic opportunity among America’s most underserved people and places,” said Bill Bynum, CEO, Hope Credit Union.

“Over the past four months, we have watched in awe as CDFIs and MDIs across the country have mobilized any and all available resources at their disposal to mitigate the devastating effects of COVID- 19. We have seen their willingness and ability to ensure that the communities they serve weather this crisis, restart and recover quickly, and build back stronger and with more resilience. The Jobs and Neighborhood Investment Act would provide the necessary capital and operating support so that these community-based lenders can significantly grow their efforts to meet the incredible need across urban, rural, and Native communities,” said Jennifer Pryce, President & CEO, and Frederick “Bart” Harvey, Chairman of the Board, Calvert Impact Capital.

“This initiative is exactly what is needed to help low-income and communities of color rebuild. CDFIs have long been committed to racial and economic justice. This set of programs will provide the tools for CDFIs to help small businesses survive and thrive and communities to recover,” said Jeannine Jacokes, Chief Executive Officer, Community Development Bankers Association.

“The Jobs and Neighborhood Investment Act will put resources and financial mechanisms into the communities where they can do the most good. Senators Warner, Booker and Harris, and Congressman Meeks, have introduced a measure that, if enacted, will catalyze growth and opportunity for underrepresented groups by unleashing the potential of small businesses in minority communities too often left behind by broader economic growth,” said David Grain, Founder and CEO, Grain Management.

“The Jobs and Neighborhood Investment Act will help get needed funds into communities hardest hit by the crisis, by supporting community development financial institutions and minority depository institutions – those with the on-the-ground expertise and track record to get the job done,” said Professor Michael S. Barr, Joan and Sanford Weill Dean of Public Policy, Frank Murphy Collegiate Professor of Public Policy, Roy F. and Jean Humphrey Proffitt Professor of Law, University of Michigan.

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