“The Senate Select Committee on Intelligence has submitted the fifth and final volume of its bipartisan investigative report into Russian interference in the 2016 U.S. election to the Office of Director of National Intelligence for classification review. In addition to submitting the full, classified report, and in order to help facilitate the Intelligence Community’s review, we have also submitted what we assess to be a properly redacted, unclassified version of the report, totaling nearly 1,000 pages. It is our hope that ODNI can expeditiously review these documents so that the Committee can consider, vote on, and release the report as soon as possible. 

“We want to thank the talented and tireless staff who have contributed to the Committee’s investigation. The work they’ve done has already greatly added to our understanding of and response to foreign threats to our democratic process.”

Background:

·       At a May 5^th open hearing for the nomination of Director of National Intelligence, Chairman Burrannounced that the Committee’s fifth report was complete and would be sent for declassification. During questioning, nominee Rep. John Ratcliffe affirmed his commitment as DNI to an expeditious review of the Committee’s report.

·       To date, the Committee has released four out of a total of five volumes in its comprehensive report on Russia’s 2016 election interference. The previously released volumes examined U.S. election security, Russia’s use of social media, the Obama Administration’s response to Russian interference, and the January 2017 Intelligence Committee Assessment.

·       The fifth and final volume examines the Committee’s counterintelligence findings.

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WASHINGTON - As tech companies and public health agencies deploy contact tracing apps and digital monitoring tools to fight the spread of COVID-19, U.S. Sens. Mark R. Warner and Richard Blumenthal (D-CT) and U.S. Reps. Anna G. Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA) introduced the Public Health Emergency Privacy Act to set strong and enforceable privacy and data security rights for health information.

After decades of data misuse, breaches, and privacy intrusions, Americans are reluctant to trust tech firms to protect their sensitive health information – according to a recent poll, more than half of Americans would not use a contact tracing app and similar tools from Google and Apple over privacy concerns. The bicameral Public Health Emergency Privacy Act would protect Americans who use this kind of technology during the pandemic and safeguard civil liberties. Strengthened public trust will empower health authorities and medical experts to leverage new health data and apps to fight COVID-19.

“This measure sets strict and straightforward privacy protections and promises: Your information will be used to stop the spread of this disease, and no more,” Blumenthal said. “Legal safeguards protecting consumer privacy failed to keep pace with technology, and that lapse is costing us in the fight against COVID-19. Americans are rightly skeptical that their sensitive health data will be kept safe and secure, and as a result, they’re reluctant to participate in contact tracing programs essential to halt the spread of this disease. The Public Health Emergency Privacy Act’s commitment to civil liberties is an investment in our public health.”

“Communications technology has obviously played an enormously important role for Americans in coping with and navigating the new reality of COVID-19 and new technology will certainly play an important role in helping to track and combat the spread of this virus. Unfortunately, our health privacy laws have not kept pace with the privacy expectations Americans have come to expect for their sensitive health data,” Warner said. “Absent a clear commitment from policymakers to improving our health privacy laws, as this important legislation seeks to accomplish, I fear that creeping privacy violations could become the new status quo in health care and public health. The credibility – and indeed efficacy – of these technologies depends on public trust.” 

“I’m thankful that our country is blessed with the world’s best innovators and technologists, many of whom I represent in the House, and that they have joined the effort to combat the coronavirus by using technology to control the spread of the virus,” said Eshoo. “As we consider new technologies that collect vast amounts of sensitive personal data, we must not lose site of the civil liberties that define who we are as a nation. I’m proud to join my colleagues to introduce the Public Health Emergency Privacy Act, strong and necessary legislation that protects the privacy of every American while ensuring that innovation can aid important public health efforts.”

“As we continue to respond to the devastating suffering caused by COVID-19, our country’s first and foremost public health response must be testing, testing, testing, AND manual contact tracing. Digital contact tracing can and should complement these efforts, but it is just that – complimentary. However, if we do pursue digital contact tracing, consumers need clearly-defined privacy rights and strong enforcement to safeguard these rights. I am proud to introduce this bill with my friend and fellow Energy & Commerce Subcommittee Chairwoman Eshoo, along with Senators Blumenthal and Warner,” said Schakowsky. “It’s our shared belief that swift passage of this legislation would go a long way towards establishing the trust American consumers need – and which Big Tech has squandered, time and again –  for digital contact tracing to be a worthwhile auxiliary to widespread testing and manual contact tracing.”

“We must use every tool available to us to respond to the COVID-19 pandemic. Contract tracing, along with testing, are the cornerstones of a science-based approach to addressing this historic crisis. We can protect our public health response and personal data privacy,” said DelBene. “I have been calling on the Trump administration and the private sector to adopt data privacy principles since the start of this outbreak. It is time for Congress to lead the way in assuring we have a strong national contact tracing system and that Americans’ personal data is protected. This bill will achieve this mutual goal.”

Eshoo, Schakowsky, and DelBene introduced House legislation with original co-sponsors House Energy and Commerce Committee Vice Chair Yvette Clarke (D-NY), Health Subcommittee Vice Chair G. K. Butterfield (D-NY), and Consumer Protection & Commerce Subcommittee Vice Chair Tony Cárdenas (D-CA).

The Public Health Emergency Privacy Act would:

·       Ensure that data collected for public health is strictly limited for use in public health;

·       Explicitly prohibit the use of health data for discriminatory, unrelated, or intrusive purposes, including commercial advertising, e-commerce, or efforts to gate access to employment, finance, insurance, housing, or education opportunities;

·       Prevent the potential misuse of health data by government agencies with no role in public health;

·       Require meaningful data security and data integrity protections – including data minimization and accuracy – and mandate deletion by tech firms after the public health emergency;

·       Protect voting rights by prohibiting conditioning the right to vote based on a medical condition or use of contact tracing apps;

·       Require regular reports on the impact of digital collection tools on civil rights;

·       Give the public control over their participation in these efforts by mandating meaningful transparency and requiring opt-in consent; and

·       Provide for robust private and public enforcement, with rulemaking from an expert agency while recognizing the continuing role of states in legislation and enforcement.

The Public Health Emergency Privacy Act is endorsed by Lawyers’ Committee for Civil Rights Under Law, Public Knowledge, New America’s Open Technology Institute, Consumer Reports, Free Press, Electronic Privacy and Information Center (EPIC), Public Citizen, health privacy scholar Frank Pasquale, and privacy scholar Ryan Calo.

“African Americans and other marginalized communities are suffering disproportionately from coronavirus and its economic effects. They do not need further harm from snake oil surveillance tech. This bill protects the most vulnerable—it ensures that any technology used to track the virus is not used to unfairly discriminate in employment, voting, housing, education, and everyday commerce,” said David Brody, Counsel and Senior Fellow for Privacy & Technology at the Lawyers’ Committee for Civil Rights Under Law.

“As contact tracing apps and other types of COVID-19 surveillance become commonplace in the United States, this legislation will protect the privacy of Americans regardless of the type of technology used or who created it. It is critical that Congress continue to work to prevent this type of corporate or government surveillance from becoming ubiquitous and compulsory,” said Sara Collins, Policy Counsel at Public Knowledge. 

“OTI welcomes this effort to protect privacy as lawmakers consider pandemic response plans that gather vast quantities of data. The bill would establish strong safeguards that would prevent personal data from being used for non-public health purposes and prevent the data from being used in a discriminatory manner,” said Christine Bannan, Policy Counsel at New America’s Open Technology Institute.

“When it comes to tracking and collecting people’s data, we want to make sure there are basic protections for people’s privacy, and this bill is a positive step to establish the trust and balance that’s needed. The bill smartly requires that data collected to fight coronavirus can only be used for public health purposes – and nothing else. Importantly, the bill ensures an individual's right to seek redress for violations, and it bars against the use of pre-dispute arbitration agreements. These measures will help individuals trust contact-tracing or proximity-tracing programs, and they can serve as a model for more comprehensive protections down the road,” said Justin Brookman, Director of Consumer Privacy and Technology Policy for Consumer Reports.

“Digital contact tracing and exposure notification systems may be important tools in combating the spread of coronavirus. But they must be deployed responsibly and with adequate safeguards that protect the privacy and civil rights of the people that use them. The Public Health Emergency Privacy Act is a serious effort at ensuring our rights are protected while giving public health officials the tools they need to track and notify those exposed to COVID-19. These rules must apply to everyone using these systems, whether that’s state or local governments, employers, or other tech companies. This bill protects the civil rights of the most vulnerable essential workers, the disproportionately Black and Latinx people most exposed to the virus, and will help ensure they’re not also subject to invasive and unnecessary surveillance that will linger long after this crisis passes,” said Gaurav Laroia, Senior Policy Counsel with Free Press.

“The Public Health Emergency Privacy Act shows that privacy and public health are complementary goals. The bill requires companies to limit the collection of health data to only what is necessary for public health purposes, and crucially, holds companies accountable if they fail to do so,” said Caitriona Fitzgerald, Interim Associate Director and Policy Director with Electronic Privacy Information Center (EPIC). 

“What we need more than anything during this global emergency is to feel less vulnerable, to be sure not just that our health is protected, but that our rights are protected as well. This bill will ensure that whatever technological innovation emerges during the pandemic, we will feel safer knowing that our rights to privacy, to our day in court and to access to the ballot box won’t be threatened,” said Robert Weissman, President of Public Citizen.

 “This bill establishes critical protections for patients whose health data is released in the context of the public health emergency. To build a trusted data infrastructure, the US needs to ensure that any entity which accesses such data is held accountable and does not abuse the public trust. The Public Health Emergency  Privacy Act is a big step in the right direction,” said Frank Pasquale, Piper & Marbury Professor of Law at University of Maryland Carey School of Law. 

“This draft legislation addresses two of my biggest privacy concerns about the use of technology and information to respond to COVID-19. As the Act makes clear, the emergency health data of Americans should only be used to fight the pandemic and should never be used to discriminate or deny opportunity,” said Ryan Calo, Lane Powell & D. Wayne Gittinger Endowed Professor at University of Washington School of Law.

WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA), spoke on the Senate floor about the need to provide relief to the more than 30 million Americans who have lost their jobs due to the coronavirus outbreak, as well as the potential consequences if Congress fails to act.  In his remarks, Warner urged Congress to include a Paycheck Security program in the next coronavirus relief bill.

In a speech on the floor of the U.S. Senate, Sen. Warner said in part, “Just as it took the U.S. years to emerge from the Great Depression, it could take years or even decades to recover from the coronavirus recession, if we do not take immediate, bold action in the next coronavirus relief bill. Our first goal must be to prevent further job losses, as well as permanent disruptions like business closures, evictions, and foreclosures. Second, we must work quickly to reduce the economic uncertainty facing workers and small businesses. To do this, we need to provide immediate assistance to the millions of Americans workers who have gone overnight from a steady job to unemployment through no fault of their own.”

He continued, “I’m not talking about another stimulus check. I’m not talking about unemployment benefits. I’m talking about paychecks. This proposal, which I have put forward with Senator Sanders, Senator Jones, and Senator Blumenthal, would create a national paycheck security program for American workers. It uses a grant model that has support on both the left and the right. And we know it works because it has been implemented successfully in several European countries. Paycheck security means that federal government would help cover the payroll expenses for rank-and-file workers who have been furloughed or laid off because of the coronavirus.”

In April, Sens. Mark R. Warner (D-VA), Bernie Sanders (I-VT), Doug Jones (D-AL) and Richard Blumenthal (D-CT) released a proposal to establish a ‘Paycheck Security’ program to cover the wages and benefits of employees of affected businesses and non-profits until the economic and public health crisis is resolved. The Senators’ proposed plan would cover the full payroll and benefits of workers at distressed businesses and non-profits, up to $90,000 per employee, for at least six months. The Paycheck Security plan would also provide funds to cover fixed operating costs such as rent, utilities, and insurance costs to help employers weather the economic crisis.

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

The full text of Sen. Warner’s remarks as prepared for delivery appears below:

Mr. President, I rise today because we face the greatest unemployment crisis America has seen since the Great Depression. More than 33 million workers have lost their jobs due to the coronavirus pandemic. Millions of these folks have also lost their health insurance. I just read that 27 million have lost their insurance due to the virus. The Federal Reserve forecasts that 47 million Americans, or nearly one-third of the workforce, could lose their jobs.

These aren’t just numbers. They represent the pain being felt by families across this country as we enter the greatest economic crisis of our lifetime. Candidly, we need to face some hard truths about how we got here and what will come next if we fail to act. 

The reason we are facing this dire economic crisis is simple: The federal government failed to take appropriate actions to contain the coronavirus. That’s why we have had to do social distancing. It hasn’t been fun. It has been tough on all of us, but we know it has saved lives and begun to flatten the curve.

But we also know that things can’t just go back to normal overnight. Not before we have a vaccine. Not before the government, working with the private sector, finally solves the chronic shortages of testing and PPE that have hampered our response to this pandemic from day one. 

States like mine are working towards a “new normal,” where we gradually scale back social distancing where it is safe to do so. But it just not realistic to suggest, as the President has, that we can just immediately “reopen the economy” before we’ve contained this virus… As if companies will just resume normal business knowing another coronavirus outbreak could shut them down any day… As if a virus for which we still don’t have a vaccine didn’t just kill more than 80,000 of our fellow Americans…

Mr. President, it’s time to face the facts…about what it will take for our economy to recover from this public health crisis. There is not a magic switch that we can just flip. Unfortunately, there will not be a V-shaped recovery if we stay on our current course.  

Just as it took the U.S. years to emerge from the Great Depression, it could take years or even decades to recover from the coronavirus recession, if we do not take immediate, bold action in the next coronavirus relief bill.

Our first goal must be to prevent further job losses, as well as permanent disruptions like business closures, evictions, and foreclosures. Second, we must work quickly to reduce the economic uncertainty facing workers and small businesses. 

To do this, we need to provide immediate assistance to the millions of Americans workers…who have gone overnight from a steady job to unemployment through no fault of their own. I’m not talking about another stimulus check. I’m not talking about unemployment benefits. I’m talking about paychecks.

The proposal, which I have put forward with Senator Sanders, Senator Jones, and Senator Blumenthal, would create a national paycheck security program for American workers. A very similar proposal has been put forward by my friend on the other side of the aisle, Senator Hawley from Missouri.

It uses a direct support model that has support on both the left and the right. Matter of fact, the New York Times and Wall Street Journal have both commented in support. We know those editorial boards never agree on anything, but they both think this approach has merit. 

And we know this direct support approach works because it has been implemented successfully in several European countries, and in Canada—where the unemployment rate has gone up, but just by a couple of points. They’re not seeing the 20% unemployment we’re headed towards, or as the Federal Reserve and the administration have predicted, maybe even 25% unemployment within the next month.

Paycheck security means that federal government would help cover the payroll expenses for rank-and-file workers who have been furloughed or laid off because of the coronavirus.

These Treasury Department grants would cover salaries and wages up to $90,000 for each employee, plus benefits and run for at least six months. They would also provide funds to many businesses to help cover business operating costs such as rent and utilities.

The program would be delivered through the employee retention tax credit—something I worked hard to include in the earlier coronavirus relief bill—which already is set up at the IRS and can be leveraged to deliver far greater benefits than it currently provides. 

In exchange for the paycheck security grant, employers would commit to forgo further layoffs and maintain the pay and benefits of rank-and-file workers. They would also be required to suspend stock buybacks and limit CEO compensation for at least the term of the federal assistance.  

A national paycheck security program would immediately work to prevent financial calamity for millions of American families. At the same time, it would maintain or re-establish the critical link between workers and their employers. The re-establishment of that employment link would restore for many workers the employer-provided health insurance that they have lost due to layoffs.

If we re-establish this connection, the economy would be able to bounce back much more quickly after the public health crisis ends. The certainty provided by this program would also give consumers the confidence they need to begin spending money in the economy, accelerating the eventual economic recovery.

It will be expensive—and I say this as someone who has spent a long time working on trying to reduce the deficit. But when we compare it to the over $600 billion we’ve spent on the Paycheck Protection Program (PPP), which has only helped one section of our economy—businesses under 500 employees—that’s done nothing for mid-sized businesses with 500-10,000 workers, I think the alternative will be much cheaper. And it will be pennies compared to the damage that will be done if we fail to adequately assist our fellow Americans in this moment of economic crisis.

Now Mr. President, I am pleased my colleagues in the House have put forward an initial draft of their view of the next coronavirus relief legislation. It has a number of important provisions. However, I believe it has not taken the bold step of saying—before we refill the funding buckets for these other programs‚ which have had mixed results in some cases—perhaps we should take a time out, and ask if there is a better way to provide the security that the American people are looking for from their government. 

But one thing my House colleagues and I share is an enormous sense of urgency. With unemployment at nearly 15% and rising, this is not the time to play wait and see. It is no exaggeration to say that we face the prospect of not just a recession, but another Great Depression. Every day we delay, we dig ourselves deeper and deeper into the hole we must eventually climb out of when this crisis is behind us.

And as we enter negotiations over the next phase of the coronavirus response, I would encourage my colleagues to look to bold solutions. Let’s give our fellow Americans paycheck security. Put paychecks in their hands and help get them back to work as soon as it is safe to do so. 

Thank you, Mr. President.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded $5,445,336 in federal funding for public transportation in Harrisonburg. The funding was authorized by the Federal Transit Authority (FTA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“As we continue charting a way out of this crisis, cities and localities will need to work to make sure that our public transit is not just reliable, but safe for the essential workers who depend on it,” said the Senators. “That’s why we’re glad to know that these federal dollars will help Harrisonburg ensure that its transportation system has the resources it needs to adapt during this crisis.”

Through the CARES Act, Congress provided $25 billion for transit agencies to help prevent, prepare, and respond to the COVID-19 pandemic. Harrisonburg received its funding under the FTA’s Urbanized Area Formula Program, which makes federal resources available to urbanized areas and to governors for transit capital and operating assistance in urbanized areas and for transportation-related planning.

The funds will provide operating assistance to maintain existing services in order to respond to and recover from the COVID-19 public health emergency. Harrisonburg can also use the funds to cover expenditures such as salaries, wages, benefits, cleaning, sanitizing, fuel, maintenance and other related expenses. 

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA) joined Sen. Kamala D. Harris (D-CA) and U.S. Reps. James E. Clyburn (D-SC) and Marcia Fudge (D-OH) in introducing the VoteSafe Act, legislation to expand voting options and improve the safety and accessibility of polling places across the country during the COVID-19 pandemic.

“As our country combats COVID-19, we’re also in the middle of an election year,” said Sen. Harris. “It is critical that we meet voters where they are and ensure that all forms of voting are safe and accessible. That is why I am proud to partner with House Majority Whip Jim Clyburn and Rep. Marcia Fudge to introduce the VoteSafe Act, which is centered on the experiences of communities that have long struggled with access to the ballot box.”

“The right to vote is a basic American right and our democracy depends on our citizens having access to the ballot box,”said House Majority Whip Clyburn. “The coronavirus pandemic has highlighted the many challenges Americans face while voting, which is why I’m proud to join Senator Harris and Congresswoman Fudge to introduce the VoteSafe Act today, because it expands voting options to include no-excuse vote by mail and early voting, as well as improve access to voter registration. This legislation ensures that polling locations and its workers have the resources they need to not only keep themselves safe, but also keep the public safe during this public health crisis. We must act now to protect every American’s basic right to vote and guarantee that when people do vote, they are safe and have equal access to the ballot box.” 

“While the health and safety of voters is a top priority during the current public health emergency, we must make sure the pandemic does not impede full, unfettered access to the ballot box,” said Rep. Fudge, Chair of the House Administration Subcommittee on Elections. “Voters must have safe, accessible options and sufficient time to cast their ballots without unnecessary confusion and potential voter disenchantment. Congress has the responsibility to ensure every eligible American can exercise their right to vote. I am proud to cosponsor the VoteSafe Act and any legislation preventing and removing barriers to the ballot box; barriers that have plagued our democracy for far too long.”      

This year, multiple primary elections were besieged by public health concerns as a result of the COVID-19 pandemic. Most recently, in Wisconsin, voters experienced long lines and hours-long wait times, after the U.S. Supreme Court blocked a court order that would have extended the period for voters to return absentee ballots—forcing many voters to vote in-person at a limited number of polling places. Multiple voters tested positive for COVID-19 after this election.

The VoteSafe Act would:

• Require states to provide no-excuse mail-in absentee voting for the 2020 elections and guarantee minimum due process protections for these voters;
• Require states to maintain an early in-person voting period of at least 20 days for the 2020 elections;
• Authorize $2.5 billion for states to meet their obligations to offer no-excuse absentee voting and early in-person voting; and
• Provide $2.5 billion in additional discretionary grant funding for states to further improve the safety and accessibility of voting options during the pandemic, including:

• Ensuring that elections are accessible to individuals with disabilities.
• Ensuring adequate protections for language minority voters.
• Ensuring voting access for American Indian, Alaska Native, and rural voters.
• Implementing and promoting curbside voting.
• Implementing and meeting a maximum wait time standard or publishing current wait times for voters.
• Providing for the training and recruitment of poll workers.
• Improving access to voter registration.

In addition to Warner, Harris, Clyburn, and Fudge, the VoteSafe Act is co-sponsored by Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Mazie K. Hirono (D-HI), Edward Markey (D-MA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Elizabeth Warren (D-MA), and Ron Wyden (D-OR); and Representatives Alma Adams (D-NC), Joyce Beatty (D-OH), G.K. Butterfield (D-NC), Tony Cardenas (D-CA), Andre’ Carson (D-IN), David Cicilline (D-RI), Gilbert Cisneros (D-CA), Yvette Clarke (D-NY), Wm. Lacy Clay (D-MO), Bonnie Watson Coleman (D-NJ), Danny Davis (D-IL), Peter DeFazio (D-OR), Diana DeGette (D-CO), Val Demings (D-FL), Ted Deutch (D-FL), Eliot Engel (D-NY), Adriano Espaillat (D-NY), Dwight Evans (D-PA), Chuy Garcia (D-IL), Sylvia Garcia (D-TX), Deb Haaland (D-NM), Alcee Hastings (D-FL), Jahana Hayes (D-CT), Eleanor Holmes Norton (D-DC), Hakeem Jeffries (D-NY), Eddie Bernice Johnson (D-TX), Hank Johnson (D-GA), Joe Kennedy (D-MA), Ro Khanna (D-CA), Daniel Kildee (D-MI), Barbara Lee (D-CA), Andy Levin (D-MI), Ted Lieu (D-CA), Alan Lowenthal (D-CA), Steven Lynch (D-MA), James McGovern (D-MA), Grace Meng (D-NY), Gwen Moore (D-WI), Grace Napolitano (D-CA), Joe Neguse (D-CO), Jamie Raskin (D-MD), Lucille Roybal-Allard (D-CA), Tim Ryan (D-OH), Jan Schakowsky (D-IL), Terri Sewell (D-AL), Donna Shalala (D-FL), Darren Soto (D-FL), Mark Takano (D-CA), and Mike Thompson (D-CA).

The bill is endorsed by Alex Padilla, California Secretary of State, American Federation of State, County and Municipal Employees (AFSCME), American Civil Liberties Union (ACLU), Areva Martin, civil rights attorney, author, and founder of Special Needs Network, Asian Americans Advancing Justice (AAJC), Asian Law Alliance, Asian Pacific Islander Initiative, Asian Pacific Islander American Vote, Building Healthy Communities East Salinas, California Black Chamber of Commerce, Center for American Progress (CAP), Common Cause, The Daniel Initiative, David Ryu, Los Angeles City Councilmember, End Citizens United Action Fund and Let America Vote, Environmental Health Coalition, Fresno Barrios Unidos, Greater Los Angeles African American Chamber of Commerce, Greater Sacramento Urban League, Homeboy Industries, Lawyers’ Committee for Civil Rights Under Law, Los Angeles County Federation of Labor, Los Angeles Regional Reentry Partnership, Marc Elias, election and voting rights attorney, Mi Familia Vota, Mid-City Community Action Network (Mid-City CAN), Mission Economic Development Agency, MoveOn, National Association for the Advancement of Colored People (NAACP), National Association of Latino Elected and Appointed Officials (NALEO Educational Fund), National Federation of Filipino American Associations (NaFFAA), Native American Rights Fund (NARF), National Disability Rights Network (NDRN), National Education Association (NEA),New Breath Foundation, Rainbow PUSH Coalition, Sacramento LGBT Center, San Diego Organizing Project, San Francisco Faith Community, San Francisco NAACP, Service Employees International Union (SEIU), SEIU Local 2015, UnidosUS, UNITE HERE Local 11, United Farm Workers (UFW), Urban League of San Diego County, Voto Latino,and Working Partnerships USA.

“Our right to vote is a central pillar of our democracy,” said California Secretary of State Alex Padilla. “Yet despite the hard-fought history to secure voting rights, too many Americans still face unnecessary barriers when trying participate in our democracy. Senator Harris’ VoteSafe Act proposes long overdue election reforms to ensure access to the ballot for all eligible Americans. These common-sense proven policies will be critical to ensuring that our elections in November are accessible, secure, and safe amid the COVID-19 pandemic. More voters who vote early, by mail or safely in-person — along with thoughtful public health protocols at voting locations — means shorter lines and a safer voting experience on Election Day for voters, all poll workers, and elections staff alike.”

“Even before this devastating pandemic, our nation was experiencing a sustained period of voter suppression across the states, triggered by the Supreme Court's decision in Shelby County v. Holder,” said Kristen Clarke, President & Executive Director of the Lawyers' Committee. “Now, more than ever, we need bold and comprehensive legislation like Senator Harris' VoteSafe Act, which would both expand options for safe in-person voting and facilitate the expansion of vote by mail in the states. This is critical to protecting the right to vote during this pandemic, especially for African Americans and other people of color.” 

“Unless Congress takes immediate action to help upgrade state election systems, the chaos and potentially deadly consequences observed in Wisconsin will likely repeat themselves in states across the country,” said Neera Tanden, president and CEO of the Center for American Progress. “States must act now to expand vote by mail and ensure safe in-person voting so Americans can exercise the fundamental right to vote without risking their health.”

“It’s shocking that even during the COVID-19 pandemic, some states and localities are actively trying to disenfranchise certain voters, especially from communities of color. If Congress doesn’t act to protect our right to vote, millions of Americans could be disenfranchised, and thousands more Americans could get sick by showing up to vote. No one should have to decide between their health and their right to vote,” said Karen Hobert Flynn, President of Common Cause. “We appreciate Senator Harris’ leadership in introducing the VoteSafe Act to help ensure that all Americans can safely have their voices heard and votes counted in this year’s elections.”

“No one should ever have to choose between their health and their right to vote,” said Tiffany Muller, President of Let America Vote and End Citizens United. “Senator Kamala Harris’ VoteSafe Act of 2020 is a comprehensive solution to ensure there are safe voting options while also protecting Americans’ access to the ballot box in the face of the coronavirus pandemic. By expanding absentee vote-by-mail options, guaranteeing adequate assistance for language minority voters, and improving polling place management and safety, the VoteSafe Act of 2020 provides the necessary measures and funding for election preparedness during these challenging times. Let America Vote and End Citizens United Action Funds applaud Senator Harris for her bold leadership on a critical issue impacting Americans across the country, and we urge the Senate to act now to pass this bill.”   

“The COVID-19 pandemic reaffirms that all people, regardless of the color of their skin or where they were born, need a strong voice in our democracy. Voting is one of the fastest, most efficient ways to voice our vision for the path we want our communities to take in 2020 and beyond. SEIU members applaud Senator Harris for introducing the VoteSafe Act to help states prepare for holding elections during the pandemic in a way that’s safe and accessible for all voters. Having an election that is safe and healthy for every voter no matter where they live is vital to creating a democracy that works for us all,” said Service Employees International Union International (SEIU) President Mary Kay Henry. 

Bill text can be found here.

A one pager on the bill can be found here.

Additional supportive quotes can be found here.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sen. Chris Van Hollen and Rep. John Sarbanes (both D-Md.) in leading Chesapeake Bay delegation members in sending a bicameral letter to Bay Watershed Governors Larry Hogan (R-Md.), Tom Wolf (D-Penn.), John Carney (D-Del.), Ralph Northam (D-Va.), and Jim Justice (R-W.Va.); and Mayor Muriel Bowser (D-D.C.) urging them to maintain rigorous environmental standards crucial to the health of the Bay, despite the Environmental Protection Agency’s (EPA) decision to relax enforcement of these standards. In their letter, the Members also ask the states and the District of Columbia to provide an update on their current actions to ensure proper enforcement. 

“As you know, Americans are currently facing the worst public health crisis in a century and we appreciate the work that you and your states are doing on the front lines to address it.  Yet, in the middle of the COVID-19 pandemic, the EPA has taken several actions that will increase pollution and cause significant adverse impacts to public health and our environment,” the members begin.

They continue, “Specifically, the relaxation of the Enforcement and Compliance Assurance Program, outlined in the EPA memorandum released on March 26, 2020, could have significant negative impacts on the health of the Chesapeake Bay and its 64,000 square mile watershed, and those Americans who depend on it for recreation, fishing, and clean water. As the Executives of the states containing the Chesapeake Bay watershed, each of you is entrusted with the responsibility of preserving and restoring the health of the nation’s largest estuary and its thousands of rivers and streams.”

The lawmakers denounce EPA’s recent announcement to relax environmental enforcement, writing, “The vitality of the Chesapeake Bay watershed is contingent upon compliance with statutory pollution limitations. EPA’s decision to refrain from enforcement action against entities’ failure to comply with their obligations under federal law, federal permits, EPA administrative orders and EPA-related judicial consent decrees abdicates its duty to ‘protect human health and the environment’.”

The members press the states and D.C. to take action – and provide an update on their enforcement plans – concluding, “We urge you all to reject the EPA’s memorandum and provide an update on your plans to ensure critical and essential environmental enforcement within your authorities during this time. Maintaining transparency and the ability for the public to comment on any actions is necessary at all times, especially now, and we urge all state and local governments to utilize technology to meet these obligations. As many of you are partnering to respond to the COVID-19 on a regional basis, we must all work together to meet our mutual goal of clean water in the Chesapeake Bay watershed by 2025.”

In addition to Sens. Warner and Van Hollen, and Representative Sarbanes, the letter was signed by Senators Ben Cardin (D-Md.), Tim Kaine (D-Va.),  and Representatives Steny H. Hoyer (D-Md.), C.A. Dutch Ruppersberger (D-Md.), Anthony G. Brown (D-Md.), Jamie Raskin (D-Md.), David Trone (D-Md.), Eleanor Holmes Norton (D-D.C.), Bobby Scott (D-Va.), Donald McEachin (D-Va.), Gerald Connolly (D-Va.), Jennifer Wexton (D-Va.), Donald Beyer (D-Va.), and Elaine Luria (D-Va.). 

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

Dear Mayor Bowser, Governor Cuomo, Governor Hogan, Governor Carney, Governor Wolf, Governor Justice, and Governor Northam:

We write to you today as we are deeply concerned about the actions of the United States Environmental Protection Agency (EPA) in the midst of the COVID-19 pandemic. As you know, Americans are currently facing the worst public health crisis in a century and we appreciate the work that you and your states are doing on the front lines to address it.  Yet, in the middle of the COVID-19 pandemic, the EPA has taken several actions that will increase pollution and cause significant adverse impacts to public health and our environment. 

Specifically, the relaxation of the Enforcement and Compliance Assurance Program, outlined in the EPA memorandum released on March 26, 2020, could have significant negative impacts on the health of the Chesapeake Bay and its 64,000 square mile watershed, and those Americans who depend on it for recreation, fishing, and clean water. As the Executives of the states containing the Chesapeake Bay watershed, each of you is entrusted with the responsibility of preserving and restoring the health of the nation’s largest estuary and its thousands of rivers and streams.

Since the states and EPA agreed to the Chesapeake Bay watershed restoration goals in 2010, much progress has been made towards improving the health of the watershed. Today, we are at a critical juncture.  Positive signs of recovery have emerged in the Chesapeake Bay itself and in tributaries throughout the entire watershed, proving that the collaborative restoration effort is working.  We are more than half-way to achieving the shared goal of clean water by 2025.

However, each jurisdiction still has much work left to do, as detailed in your recent Phase III Watershed Implementation Plans (WIP).  And we are concerned that the recent decision from EPA on environmental enforcement during the COVID-19 pandemic could weaken your ability to achieve the goal of clean water by 2025. 

The vitality of the Chesapeake Bay watershed is contingent upon compliance with statutory pollution limitations.  EPA’s decision to refrain from enforcement action against entities’ failure to comply with their obligations under federal law, federal permits, EPA administrative orders and EPA-related judicial consent decrees abdicates its duty to “protect human health and the environment”.  During the worst public health crisis in a century, we expect EPA to prioritize its core mission of protecting public health and our environment.

Additionally, communities of color and low-income neighborhoods in our watershed, and across the nation, will disproportionally bear the brunt of pollution attributed to the announcement that normal enforcement operations are indefinitely suspended. These populations, in particular, have endured public health disparities for years due in part to the fact that many households in these communities live in close proximity to such facilities. EPA’s changes to enforcement and compliance standards may slow the march toward greater environmental justice and expose people who are already at a high risk for contracting COVID-19 and other diseases to greater danger.

We urge you all to reject the EPA’s memorandum and provide an update on your plans to ensure critical and essential environmental enforcement within your authorities during this time.  Maintaining transparency and the ability for the public to comment on any actions is necessary at all times, especially now, and we urge all state and local governments to utilize technology to meet these obligations. As many of you are partnering to respond to the COVID-19 on a regional basis, we must all work together to meet our mutual goal of clean water in the Chesapeake Bay watershed by 2025. 

Our unique partnership of states, localities, and the Federal government has led to tremendous progress to restore the Chesapeake Bay watershed that we share. We have urged EPA to reverse its damaging decision and ask that you continue your longstanding commitment to enforce environmental laws and make progress towards our 2025 goals. 

We look forward to your response. 

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $4,520,475 in federal funding from the National Oceanic and Atmospheric Administration (NOAA) to support coastal and marine fishery participants who have been negatively affected by the novel coronavirus (COVID-19) crisis. The federal funding was made possible by Section 12005 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act supported by Sens. Warner and Kaine.

“The COVID-19 pandemic has affected nearly every sector of our economy including fisheries and our seafood industry, which is already particularly susceptible to the forces of nature that determine when produce is ready for harvest,” said the Senators. “We’re glad to know that these funds will help provide some needed relief to help Virginia’s seafood industry withstand this crisis.”

Section 12005 of the CARES Act authorizes the Secretary of Commerce to provide $300 million in appropriated funds to assist fishery participants affected by the COVID-19. Specifically, these funds will help address direct or indirect fishery-related losses as well as subsistence, cultural, or ceremonial impacts related to COVID-19.

Fishery participants eligible for funding – including tribes, commercial fishing businesses, charter/for-hire fishing businesses, qualified aquaculture operations, processors, and other fishery-related businesses – will be able to work with their state marine fisheries management agencies, territories, or tribes to apply for these funds. 

Sens. Warner and Kaine have long advocated for Virginia’s seafood industry – a community largely made up of rural, family-owned operations. Earlier this week, the Senators joined their colleagues in sending a letter to Senate leaders asking them to make sure urgently needed federal assistance is delivered to America’s fishermen and seafood processors who have been affected by this crisis. Additionally, in February, the Senators 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.

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Lamar Alexander (R-TN) introduced bipartisan legislation to ensure rural hospitals in Virginia can keep up with the cost of providing care amid the novel coronavirus (COVID-19) outbreak. The Fair Medicare Hospital Payments Act would help curb the trend of hospital closures in rural areas by making sure hospitals are fairly reimbursed for their services by the federal government. This legislation comes at a crucial time as hospitals in Virginia continue to lose needed revenue despite playing an essential role in serving their communities and providing lifesaving care during the biggest public health crisis in a century.

“The current payment policy has long placed some of Virginia’s most rural hospitals at a disadvantage and made it more difficult to provide quality care in communities that need it most,” said Sen. Warner. “The COVID-19 public health emergency has made it more important than ever to do everything we can to support our rural hospitals and this legislation is absolutely critical in doing that.” 

“Last year, the Trump Administration updated the formula that determines how much Medicare will reimburse hospitals for patient care, taking into account, among other things, the cost of labor in that geographic area – called the Medicare Area Wage Index. And because of this change, Alan Levine, who leads Ballad, announced a $10 million investment in pay increases to nurses. However, these changes are temporary and will expire in three years, and many hospitals are concerned that hospital reimbursements could revert to the lower rates,” said Sen. Alexander. “Given COVID-19 impacts on rural hospitals, any changes that lower reimbursement would have significant impact. Tennessee has the second highest rate of hospitals closures in the country, with 13 hospitals having closed since 2010, and this is, in large part, due to lower reimbursements. This legislation will help keep up with the cost of providing care and help curb the trend of Tennessee rural hospital closures by setting an appropriate national minimum for the Medicare Area Wage Index.” 

The Medicare Area Wage Index, a formula used by Medicare to reimburse hospitals, is much lower for states like Virginia and Tennessee, due to the fact that the formula is based on labor costs, which vary across the country. This flawed formula often results in disproportionately low Medicare reimbursement payments to hospitals in rural and low-wage areas.

Specifically, the legislation would establish an appropriate national minimum (0.85) for the Medicare Area Wage Index and ensure that rural hospitals are paid for the care they provide, while preserving the existing reimbursements for urban hospitals. This legislation would also help ensure fairness in reimbursements for hospitals across the country – including the many hospitals that are facing closures in rural areas – and fix severe and disproportionate disadvantages that unfairly penalize hundreds of communities and hospitals across the United States.

At a minimum, 14 Virginia hospitals would benefit from this legislation, with the number of beneficiaries growing in future years. The 14 hospitals that would immediately benefit include:

According to the American Hospital Association, Medicare accounts for about 43 percent of reimbursements for hospitals nationally, underscoring the role that Medicare payments play in keeping hospitals open and functioning – particularly in Virginia’s underserved and economically-struggling regions.

In addition to Sens. Warner and Alexander, the legislation was introduced by Sens. John Cornyn (R-TX), Doug Jones (D-AL), Marsha Blackburn (R-TN), Tim Kaine (D-VA), David Perdue (R-GA) and Richard Shelby (R-AL).

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sen. Chris Van Hollen (D-MD) and seven of their Senate colleagues in urging the President to expand his use of Title III of the Defense Production Act (DPA) in order to dramatically increase domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies. 

“An analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week,” wrote the Senators. “In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies.” 

They continued, “Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.”

Section 301 and 302 of Title III authorize the President to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Meanwhile, Section 303 gives the President the authority to create, maintain, protect, expand, or restore domestic industrial base capacity, which includes purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately-owned industrial facilities to expand their production capacity.

In their letter, the Senators note that Title III has only been used twice by the government to respond to this health crisis and urge the President to immediately expand production and deliveries of PPE and testing supplies by using Title III of the Defense Production Act and any other appropriate authority.

Sen. Warner has long called for an increase in testing and PPE production in the Commonwealth. In March, he joined his colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections. He has also introduced legislation to require the president to utilize all available authorities under the Defense Production Act to mobilize a federal response to the pandemic through an equitable and transparent process. Additionally, he has pressed the Administration to outline how it plans to use Defense Production Act powers to increase production of testing supplies and equipment needed for the pandemic response. 

Joining Sens. Warner and Van Hollen on the letter are Sens. Angus King (I-ME), Gary Peters (D-MI), Kamala Harris (D-CA), Mazie Hirono (D-HI, Patrick Leahy (D-VT), Debbie Stabenow (D-MI), and Jack Reed (D-RI).

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

Dear President Trump: 

We write in response to the release of your administration’s blueprint for State testing plans and rapid response programs to urge you to broaden your use of Title III of the Defense Production Act (DPA) and other appropriate authorities to expand domestic production capacity for personal protective equipment (PPE) and COVID-19 testing supplies.

On April 27, you announced that your administration had “successfully scaled a robust testing regime that is able to meet the massive needs of a nationwide pandemic.” On the same day, an analysis by Harvard University researchers found that the United States must, at minimum and under the best-case scenario, double the number of tests being conducted each week. Nationwide shortages continue to prevent the United States from conducting enough tests to safely reopen.

In many cases, even when state and local governments are able to get some supplies into the hands of their frontline medical personnel, they go unused because of shortages in other key supplies. In Maryland, for example, the state has secured a large number of testing kits, but the kits cannot be used without the necessary swabs and viral transport media—both of which have been in short supply.

Similarly, the nation continues to face critical shortages of PPE. This has led to dangerous rationing and efforts by medical providers to disinfect, reuse, or fashion their own equipment. Reports from across the country paint a bleak picture: staff at the Henry Ford Health System in Michigan made their own face shields using plastic sheets, elastic bands, and tongue depressors. Providence Health in Washington did the same using supplies from Home Depot. Elsewhere, medical staff are soliciting donations of homemade cloth masks and constructing makeshift decontamination systems to reuse their PPE.

Before any state in the country can reopen responsibly, PPE and testing needs must be met. Congress appropriated $57.6 billion to address critical needs such as these, including $16 billion to purchase medical supplies for distribution through the Strategic National Stockpile and at least $11 billion to support efforts to expand testing by states, localities, and tribes. But it is clear that these widespread shortages will not be fully resolved until the nation’s production capacity can be dramatically scaled up, and despite unprecedented global demand, private sector companies have been reticent to expand production capacity without support and direction from the federal government. For that reason, is imperative that the federal government fully use its authority to support and expand production of PPE and testing supplies.

Section 301 and 302 of Title III authorize you to issue loan guarantees and direct loans to reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes. Section 303 grants you a range of authorities to create, maintain, protect, expand, or restore domestic industrial base capacity. These include purchasing or making purchase commitments of industrial resources or critical technology items, making subsidy payments for domestically produced materials, and installing and purchasing equipment for government and privately owned industrial facilities to expand their production capacity. In short, these authorities allow you to provide a company the financing and equipment they need to expand their production capacity and guarantee a buyer for their products once that capacity comes online. 

As part of the CARES Act, Congress appropriated $1 billion for the primary purpose of expanding domestic production of medical supplies to respond to COVID-19. We appreciated your executive order on March 27, 2020 to delegate authority to the Secretaries of Health and Human Services and Homeland Security, allowing each to make use of DPA Title III to expand production capacity. However, to date, Title III has been used just twice as part of the government’s response to the COVID-19 pandemic. On April 11, 2020, the Department of Defense announced that it would use Title III to secure a $133 million investment resulting in the production of 39 million additional N95 masks. On April 29, DOD announced a Title III award to expand the production of swabs by Puritan Medical Supplies in Maine.

These measures are totally inadequate to meeting the challenge we face. This crisis requires faster, more coordinated action to limit loss of life in the near term and over the next year. We urge you to act immediately to expand production and deliveries of PPE and testing supplies using Title III of the Defense Production Act and any other appropriate authority.

Sincerely,

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WASHINGTON, D.C. – U.S. Senator Bob Menendez (D-N.J.) led a group of 15 colleagues in sending a letter to Vice President Mike Pence urging the Administration to ensure persons with Limited English Proficiency (LEP) and Persons with Disabilities can access the necessary information to receive the COVID-19 benefits that Congress has passed with fully accessible, and multilingual information and benefits available for them. Today, Sen. Menedez joined advocates and community members to discuss the COVID-19 public health crisis and its impact to New Jerseyans with disabilities in a conference call.

“Recent news stories highlight the life-threatening consequences to persons of color and persons with disabilities because of lacking access to culturally competent, language specific and/ or disability-sensitive materials to protect themselves from the dangers of COVID-19. We believe the Taskforce has a critical responsibility to fix this,” the senators wrote to Vice President Pence. “Understanding the barriers to information created by language and access impediments is critical to the success of the Taskforce and our nation’s ability to most effectively fight COVID-19.”

More than 60 million people in the U.S. speak a language other than English of which more than 40% have limited English proficiency. Additionally, approximately 38 million individuals in the U.S. are deaf or hard of hearing, 7.5 million have vision loss, and 15 million live with an intellectual disability and require multiple formats of the same information.

The senators urged the White House Coronavirus Taskforce to encourage every federal agency to create culturally sensitive informational materials that are accessible in various formats and multiple languages, including for those with low or no literacy.

“Making federal programs accessible for persons with LEP and for persons with disabilities is a core civil rights requirement under Title VI of the Civil Rights Act of 1964,” the senators continued. “During a public health emergency current law requires the ‘distribution of supplies, the processing of applications, and other relief and assistance activities [to] be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status’  by the federal government.”

“To ensure accuracy, information must be short, culturally appropriate, flexible to serve different platforms (oral, captions, visual, picture infographics, transcriptions with video descriptions, and plain language for those with low literacy), and most importantly created with qualified deaf and hearing interpreters, stakeholders from disability led organizations, and skilled media analysts that can create inclusive content,”the senators concluded before asking a series of questions to understand what actions the Taskforce is taking to ensure fully accessible, and multilingual resources about available COVID-19 benefits and relief.

Joining Sen. Menendez in sending this letter were Senators Cory Booker (D-N.J.), Edward Markey (D-Mass.), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), Richard Blumenthal (D-Conn.), Kamala Harris (D-Calif.), Elizabeth Warren (D-Mass.), Sherrod Brown (D-Ohio), Amy Klobuchar (D-Minn.), Jack Reed (D-R.I.), Dianne Feinstein (D-Calif.), Bob Casey, Jr. (D-Penn.), Mark Warner (D-Va.), Sheldon Whitehouse (D-R.I.), and Jeff Merkley (D-Ore.).

Full text of the letter can be found here and below.

Dear Vice President Pence, 

We write to inquire what the taskforce is doing to ensure persons with limited English proficiency (LEP) and persons with disabilities can access accurate information and updates on COVID-19 including information on benefits and programs included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Family First Response Act.  In order to ensure their health and livelihoods are not further compromised due to language barriers, we strongly urge the White House Coronavirus Taskforce to encourage every federal agency to create culturally sensitive informational materials that are accessible in various formats and multiple languages, including for those with low or no literacy. 

Recent news stories highlight the life-threatening consequences to people of color  and people with disabilities  of lacking access to culturally competent, language specific and/ or disability-sensitive materials to protect themselves from the dangers of COVID-19.  We believe the Taskforce has a critical responsibility to fix this. The role of the Taskforce is to “monitor, contain, and mitigate the spread of the virus, while ensuring that the American people have the most accurate and up-to-date health and travel information” . Understanding the barriers to information created by language and access impediments is critical to the success of the Taskforce and our nation’s ability to most effectively fight COVID-19.  

More than 60 million people in the United States speak a language other than English of which more than 40% have limited English proficiency.   Additionally, approximately 38 million individuals living in the United States are deaf or hard of hearing,  7.5 million have vision loss, and 15 million live with an intellectual disability and require multiple formats of the same information. The need for expanded language assistance increases as Congress continues to pass legislation in response to COVID-19.  The Taskforce must address language access issues to ensure these marginalized communities access the benefits to which they are entitled.  Our national response cannot be successful if whole sections of our society are unable to access timely and accurate information about the virus, health information, and services that may benefit them during the pandemic.

Making federal programs accessible for persons with LEP and for persons with disabilities is a core civil rights requirement under Title VI of the Civil Rights Act of 1964.   During a public health emergency current law requires the “distribution of supplies, the processing of applications, and other relief and assistance activities [to] be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status”  by the federal government.  While many states and territories have disseminated multilingual and sign language interpreted information on COVID-19, there is a lack of federal guidance with the same accessibility.  Many of the increased benefits available to Americans during the COVID-19 crisis require individuals to read and fill out forms, and engage in online and verbal phone communications.  Interpretation and translation is not enough; the incorporation of multilingual staff, accessibility media analysts, language inclusion evaluations, and additional funding for language services is necessary.  To meet these needs, the Taskforce must also work with and include representatives from LEP communities, interpreting agencies, and organizations led by persons with disabilities in the development of any policies and procedures affecting these communities. It is also important to remember, communication access for persons with disabilities does not have a singular solution.  To ensure accuracy, information must be short, culturally appropriate, flexible to serve different platforms (oral, captions, visual, picture infographics, transcriptions with video descriptions, and plain language for those with low literacy), and most importantly created with qualified deaf and hearing interpreters, stakeholders from disability led organizations, and skilled media analysts that can create inclusive content. 

In order to understand what actions the Taskforce is taking, or planning to take to ensure fully accessible, and multilingual resources about available COVID-19 benefits and relief, please respond the following questions below no later than May 1, 2020:

1.       What steps has the Taskforce taken to ensure that persons with LEP and persons with disabilities receive the benefits and assistances to which they are entitled under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Family First Response Act?

2.       Have you consulted or do you plan to consult with advocates from LEP communities, interpreting agencies and organizations led by persons with disabilities on how to best create and disseminate resources on COVID-19 benefits?

3.       Given the Taskforce’s limited language resources during press briefings and the lack of centralized online educational materials, how will you ensure that the agencies and departments have sufficient resources to meet language access solutions related to COVID-19 aid?

4.       Has the Taskforce created agency guidance to collect demographic information of people receiving benefits in order to monitor and evaluate the effectiveness of the language solutions implemented, and ensure aid is reaching all communities? If so, what types of demographic information and which agencies have been involved in the data collection?  

We look forward to your response detailing how the Taskforce plans to make this crucial information available to these communities and your plan on immediate action required to fulfill this request. 

Sincerely, 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, spoke on the floor prior to a cloture vote on the nomination of William Evanina to serve as Director of the United States National Counterintelligence and Security Center.  In his remarks, Warner urged his colleagues to confirm Evanina, who has been serving in that position in an acting capacity for more than two years.

A copy of Warner’s remarks as prepared for delivery appears below:

Mr. President, I rise today in strong support of William Evanina to be the first Senate confirmed Director of the National Counterintelligence and Security Center, or NCSC.

Bill is an American patriot and American success story.  Raised in Peckville, Pennsylvania, with very modest means, he was the first in his family to go to college.  Prior to joining the FBI in 1996, his first job was with the General Services Administration in Philadelphia. 

Over his 24-year long career with the FBI, Bill investigated organized crime and violent crimes. He investigated the 9/11 terrorist attacks, the anthrax attacks in Washington, and the Daniel Pearl kidnapping.  Bill also led the counter-espionage group at the Central Intelligence Agency. 

He earned a reputation as the consummate counterintelligence and security professional, fiercely dedicated to the mission, with unquestionable honor.

Then, in June 2014, then-Director of National Intelligence Jim Clapper appointed Bill to serve as the director of NCSC.  Many technical and complex activities fall under NCSC, including personnel security policy; information technology protection standards; CI cyber operations; supply chain risk management; threat awareness for U.S. critical infrastructure; and damage assessments from spies and unauthorized disclosures.  And I have partnered with Bill on many topics, to include educating industry about the threats posed by China and reforming an antiquated personnel vetting system.

The Intelligence Authorization Act for Fiscal Year 2016 recognized the vital work that NCSC does and made the position subject to Presidential nomination and Senate confirmation. 

In February 2018, President Trump nominated Bill to be the first Senate-confirmed Director.  The Senate Intelligence Committee considered the nomination in May 2018 and unanimously recommended his confirmation to the full Senate.  We considered his nomination again in February 2019 in the new Congress.  Again, our committee voted unanimously in favor of his nomination.

Unfortunately, over the last two years, despite universal recognition of Bill’s qualifications for the position, his nomination became entangled in unrelated matters.  Despite the delay, Bill stayed the course, committed to the mission above all else. 

All of those unrelated matters may not be addressed to every Senator’s full satisfaction, but at least today we are here to give this nominee what he and the Country deserve: a vote.

Now I share my colleagues’ concerns about protections for whistleblowers. I have seen this White House’s disregard for whistleblower protections. I believe I have Bill Evanina’s commitment that procedures for processing whistleblower complaints will be dealt with appropriately.

I also feel strongly that at this moment when there is not a single Senate-confirmed appointee in the Office of Director of National Intelligence, now more than ever we need a Senate-confirmed career intelligence professional in place—standing guard over an office that too often seems to be directed by political appointees who disregard protections for whistleblowers and our intelligence community.  

I look forward to Mr. Evanina’s confirmation today so that he can continue addressing the many important counterintelligence and security challenges facing our nation.

Mr. President, I yield the floor.

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