WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Richard Blumenthal (D-CT) expressed deep concern that Google – despite claiming to ban ads that capitalize on novel coronavirus (COVID-19) fears – continues to run ads for products such as face masks and hand sanitizer, which not only exploit fear for profit but also serve to trigger shortages of essential health care products at a time of critical need. In their letter to the Federal Trade Commission (FTC), the Senators slammed Google’s inattention to the misuse of its advertising platform and urged the FTC to intervene in order to protect the public and the nation’s supply chains.

“Browsing in incognito mode across a range of different devices, our staffs were consistently served dozens of ads for protective masks and hand sanitizer – in each case while on a page related to COVID-19,” the Senators wrote. “Scrutinizing the targeting information that Google provides pursuant to the AdChoices program, it became clear that these ads were targeted to users specifically because they were browsing articles on COVID-19. In other words, using browsing data that Google collects through its third-party web trackers, unscrupulous and predatory advertisers were able to directly target consumers browsing content on the outbreak in order to exploit their fear for profit.”

 “Google has made repeated representations to consumers that its policies prohibit ads for products such as protective masks. Yet the company appears not to be taking even rudimentary steps to enforce that policy, such as easily automated and scalable actions like flagging ads with relevant terms in the outbound URL. These misrepresentations generate direct harm to consumers, exploiting their legitimate fears over the COVID-19 outbreak to over-charge them for products. They also create widespread social harms to our nation’s response to this crisis, such as by contributing to shortages of products essential to the health care workers on the front lines of the COVID-19 response,” they continued. “Consumers should be able to rely on representations regarding a company’s business practices – particularly in cases, such as this, where Google has acknowledged that offending ads pose harm to consumers. If consumers cannot rely on a company’s representations, then the FTC must intervene.”

Earlier this month, the Department of Health and Human Services (HHS) announced that in light of the COVID-19 outbreak, it would need roughly 300 million N95 respirator masks – 270 million more masks than it currently has stockpiled. Due to this shortage, the U.S. Surgeon General urged the public to stop buying protective masks in order to ensure that health care workers have access to the resources they need to stay safe. 

On March 10, after several outlets reported that Google was serving these ads despite a policy that prohibits content that capitalizes off sensitive events, Google stated that it would formally ban ads for protective facemasks. However Google’s advertising platform continues to be exploited for fraudulent activity with these ads continuing to run, notably even on news articles reporting Google’s new policies.

In their letter, the Senators also highlighted previous efforts to encourage the FTC to address Google’s inattention to abuse and expressed disappointment with the FTC’s inaction.

A copy of the letter is available here and below. A list of Sen. Warner’s work to protect Americans amid the coronavirus outbreak is available here.

The Honorable Joseph J. Simons

Chairman

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, D.C. 20530

Dear Chairman Simons,

The COVID-19 pandemic has impaired the global supply chain in myriad ways, but perhaps most notably by creating a shortage of products like protective face masks, which are needed by health care workers responding to this crisis. Major manufacturers like 3M are ramping up production in the wake of consumer-led shortages that are impacting supplies for the health care sector. In early March, the Department of Health and Human Services stated that while the U.S. has a stockpile of roughly 30 million N95 respirator masks, it needs roughly 300 million as the COVID-19 outbreak worsens.  In light of this, the U.S. Surgeon General has urged the public to stop buying protective masks.

Despite these pleas, a range of bad actors have continued to exploit fears surrounding the COVID-19 crisis for monetary gain. Earlier this month, CNBC and other outlets reported that Google was continually serving ads for products marketed as precautions for COVID-19 (including protective masks and hand sanitizer), despite a policy prohibiting content that capitalizes off of “sensitive events” such as natural disasters, conflicts, or death.  On March 10th, Google announced a formal ban on ads for protective face masks and claimed it would “take action as needed to protect users.”

Almost immediately, however, our staffs became aware that Google continued to serve ads for these masks – including, notably, on news articles reporting Google’s new policies. Browsing in incognito mode across a range of different devices, our staffs were consistently served dozens of ads for protective masks and hand sanitizer – in each case while on a page related to COVID-19. Scrutinizing the targeting information that Google provides pursuant to the AdChoices program, it became clear that these ads were targeted to users specifically because they were browsing articles on COVID-19. In other words, using browsing data that Google collects through its third-party web trackers, unscrupulous and predatory advertisers were able to directly target consumers browsing content on the outbreak in order to exploit their fear for profit.

These ads, from a range of different advertisers, were served by Google on websites for outlets such as The New York Times, The Boston Globe, The Washington Post, CNBC, The Irish Times, and myriad local broadcasting affiliates. In several hours of testing, our staffs were not served a single ad for such masks from other advertising platforms – yet generated several dozen from Google. Reporting by CNBC appears to confirm that other ad platforms seemed not to be serving such predatory ads.

Upon contacting the company, Google claimed it would need a full click string to detect these violations – a request that seemed odd in light of the sheer number of ads violating these policies and the ease with which our staffs were able to generate offending ads, across multiple devices and sites. Most disturbingly, the ad content included explicit references to “Protective Masks” and included a range of representations such as “Medical-Grade N95 filter mask.” The majority of these ads also suggested that consumers should take immediate action in light of “limited supplies.” Virtually every single outbound URL associated with these ads also contained clear indications that the ads violated the company’s policies – with “N95,” “mask,” “medical-grade,” and “3M-Mask” explicitly in the URL string. In addition to the social harm associated with contributing towards scarcity of these masks, the ads also appear to engage in price-gouging – with individual masks in many ads selling for $9.99 or $12.99.

For several years now, we have encouraged the FTC to address Google’s inattention to abuse, harmful activity, and fraud within the ad ecosystem that it largely dominates.  As one of us wrote your agency in 2018, “The FTC’s failure to act has had the effect of allowing Google to structure its own market; through a series of transactions, the company has accomplished a level of vertical integration that, in effect, allows it to act as the equivalent of market-maker, commodities broker, and commodities exchange for digital advertising… While the company controls each link in the supply chain and therefore maintains the power to monitor activity in the digital advertising market from start to finish, it has continued to be caught flat-footed in identifying and addressing digital ad fraud.”

Google’s inattention to the misuse of its advertising platform extends beyond digital ad fraud and predatory ads: in 2012, the Department of Justice announced one of the largest forfeitures in U.S. history, forcing Google to disgorge $500 million generated by unlawful ads marketing opioids to Americans.  Unfortunately, we have continued to see Google’s advertising platform exploited for abusive and fraudulent activity.

Google has made repeated representations to consumers that its policies prohibit ads for products such as protective masks. Yet the company appears not to be taking even rudimentary steps to enforce that policy, such as easily automated and scalable actions like flagging ads with relevant terms in the outbound URL. These misrepresentations generate direct harm to consumers, exploiting their legitimate fears over the COVID-19 outbreak to over-charge them for products. They also create widespread social harms to our nation’s response to this crisis, such as by contributing to shortages of products essential to the health care workers on the front lines of the COVID-19 response.

Consumers should be able to rely on representations regarding a company’s business practices – particularly in cases, such as this, where Google has acknowledged that offending ads pose harm to consumers. If consumers cannot rely on a company’s representations, then the FTC must intervene. The FTC routinely pursues enforcement actions against companies that don’t live up to the self-regulatory commitments they make, including in a 2012 case against Google for failing to follow the National Advertising Initiative code of conduct. 

Given the Department of Justice (DOJ)’s successful work in combatting similar misuse of the company’s advertising platform, we have provided a carbon copy of this letter to the DOJ to address this pattern of misbehavior in light of the FTC’s inaction.

Sincerely,

Cc:

Attorney General William Barr

Commissioner Rohit Chopra

Commissioner Rebecca Slaughter

Commissioner Noah Phillips

Commissioner Christine Wilson

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) released the following statement after the Center for Medicare and Medicaid Services (CMS) announced plans to pay clinicians across the country for telehealth services to Medicare beneficiaries during the coronavirus outbreak. This decision was enabled by passage earlier this month of provisions from Sen. Warner's bipartisan CONNECT for Health Act of 2019, as part of the initial $8.3 billion coronavirus response package.

“I am relieved that Medicare is quickly moving to take advantage of the telehealth authorities Congress has given it through my legislation. There is no doubt that, if properly implemented, this technology will be a crucial tool for protecting American seniors during the coronavirus outbreak,” said Sen. Warner. ”The key now is for Medicare to take clear and decisive steps to swiftly put this technology in the hands of doctors and seniors at this critical moment in the COVID-19 outbreak. While it is unfortunate that it took a public health crisis to push these important telehealth provisions through, I am hopeful that, with proper implementation, this experience will eventually lead to a full expansion of telehealth for Medicare beneficiaries through passage of the bipartisan CONNECT for Health Act.”

The Warner-authored language in the first coronavirus response bill cuts restrictions on Medicare's use of telehealth for the COVID-19 public health emergency response. CMS Administrator Seema Verma announced Medicare's telehealth expansion yesterday at the White House during a Coronavirus Task Force press conference. 

“These changes allow seniors to communicate with their doctors without having to travel to a healthcare facility so that they can limit risk of exposure and spread of this virus,” Administrator Verma said at the press conference. “Clinicians on the frontlines will now have greater flexibility to safely treat our beneficiaries.”

The Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019 builds on the progress made in recent years to increase the use of telehealth through Medicare. Specifically, the legislation would:

• Provide the Secretary of Health and Human Services (HHS) the authority to waive telehealth restrictions when necessary;
• Remove geographic and originating site restrictions for services like mental health and emergency medical care;
• Allow rural health clinics and other community-based health care centers to provide telehealth services; and
• Require a study to explore more ways to expand telehealth services so that more people can access health care services in their own homes.

Sen. Warner has been a longtime advocate for increased access to health care through telehealth. Last year, he successfully included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

A list of Sen. Warner’s work to protect and support Virginians during the coronavirus outbreak is available here.

##

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined Sen. Chris Van Hollen (D-MD), and 25 of his colleagues, in sending a letter to President Trump urging him to immediately issue an executive order directing agencies to utilize telework capabilities to the maximum possible extent. While the Administration has issued guidance recommending agencies expand their telework capabilities, too many federal employees are still required to come to work in-person when they can do their job from home. As the Centers for Disease Control and other public health experts recommend practicing social-distancing, the federal government should lead by example and cease all policies that could endanger the health and safety of its employees and exacerbate the spread of the coronavirus.

The Senators write, “I urge you to immediately issue an executive order directing agencies to use telework to the maximum extent practicable in light of the COVID-19 emergency. The Office of Management and Budget issued guidance for agencies to increase telework flexibility in the National Capital Region, but your order should be a clear direction – rather than general guidance – and it should be worldwide in scope.”

They underscore, “Your order should direct federal agencies to allow all telework-eligible federal workers to telework full-time, unless there is a clear and compelling reason not to do so for the effective operation of government. You should also order federal agencies to evaluate whether non-telework-eligible employees can be telework-eligible, and to do so for all employees where there is not a clear and compelling reason that telework is not compatible with the performance of their job functions.”  

The Senators close the letter, noting, “Voluntary guidance is not enough – agencies need clear orders. In the absence of a clear order, agencies and managers have been hesitant to take major actions to shift towards telework and I hear from increasingly anxious federal workers in my state on a daily basis.” 

In addition to Senator Van Hollen, the letter was signed by Senators Ben Cardin (D-Md.), Mark Warner (D-Va.), Tim Kaine (D-Va.), Edward Markey (D-Mass.), Sherrod Brown (D-Ohio), Dick Durbin (D-Ill.), Angus King (I-Maine), Ron Wyden (D-Ore.), Kamala Harris (D-Calif.), Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), Tammy Duckworth (D-Ill.), Cory Booker (D-N.J.), Bernie Sanders (I-Vt.), Chuck Schumer (D-N.Y.), Tom Carper (D-Del.), Tom Udall (D-N.M.), Jacky Rosen (D-Nev.), Jack Reed (D-R.I.), Jeanne Shaheen (D-N.H.), Maggie Hassan (D-N.H.), Gary Peters (D-Mich.), Mazie Hirono (D-Hawaii), Amy Klobuchar (D-Minn.), Catherine Cortez Masto (D-Nev.), and Robert Menendez (D-N.J.).

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

Dear President Trump,

We urge you to immediately issue an executive order directing agencies to use telework to the maximum extent practicable in light of the COVID-19 emergency. The Office of Management and Budget issued guidance for agencies to increase telework flexibility in the National Capital Region, but your order should be a clear direction – rather than general guidance – and it should be worldwide in scope. State and local governments have been far more proactive than the federal Executive Branch in making arrangements for their employees to telework where possible. We have maximized teleworking in our Senate Offices. You should order Executive agencies to do the same. We must lead by example. 

Your order should direct federal agencies to allow all telework-eligible federal workers to telework full-time, unless there is a clear and compelling reason not to do so for the effective operation of government. You should also order federal agencies to evaluate whether non-telework-eligible employees can be telework-eligible, and to do so for all employees where there is not a clear and compelling reason that telework is not compatible with the performance of their job functions. 

You should order agencies to immediately rescind all cuts to telework made since 2016. In 2017, the most recent year for which data are available, 21% of federal employees participated in telework – a slight decline after years of steady increases from 14% in 2012. In 2017, 43% of employees were telework-eligible, so allowing all of them to telework during this emergency would make an immediate difference. 

These telework directives should apply to federal workers throughout the United States and to other countries where there are cases of COVID-19. In the National Capital Region, 40% of Metro commuters during morning rush hour are federal employees, and these crowded trains and buses pose a major risk for COVID-19 transmission. But COVID-19 is a global pandemic, and only 15% of federal employees work in the National Capital Region. The federal government should not wait until an area already has widespread community transmission of COVID-19 to act.

Voluntary guidance is not enough – agencies need clear orders. In the absence of a clear order, agencies and managers have been hesitant to take major actions to shift towards telework and we hear from increasingly anxious federal workers in our states on a daily basis. 

Thank you for your attention to this critical matter.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led a bicameral letter to Transportation Secretary Elaine Chao in support of the National Park Service’s (NPS) grant application for $102 million in federal funds to reconstruct nearly eight miles of the northern section of the George Washington Memorial Parkway (GWMP).

The George Washington Parkway serves as a major commuting route for residents of Virginia, Maryland and Washington, D.C., facilitating the travel of more than 33 million vehicles per year. Since the north end of the Parkway’s completion in 1962, the roadway has been in need of repair due to large increases in traffic.

“The proposed project will address serious deterioration of the GWMP and implement needed safety improvements to protect motorists. If funded, the Park Service plans to repave nearly eight miles of road along the GWMP, repair stormwater management systems to prevent erosion at drainage outfalls; and rehabilitate two historic, scenic overlooks. The project also includes replacing guardrails, repairing walls, constructing new curbs, and building emergency turnarounds,” wrote the members of Congress.

In their letter, the members of Congress underscored the need for urgent safety improvements on the Parkway following a recent sinkhole that shutdown large portions of the roadway. 

“In 2019, several portions of the GWMP were closed to address emergency repairs relating to a culvert pipe failure and a large sinkhole that took nearly three months to complete. Both repairs resulted in significant disruption and displacement of motorists along a heavily traveled section of the GWMP. Improvements to the Parkway are needed to prevent similar disruptions from occurring and ensure the safety of our constituents who utilize this roadway on a regular basis,” they continued.

Sen. Warner was joined on the letter by Sen. Tim Kaine (D-VA) and U.S. Reps. Gerry Connolly (D-VA), Don Beyer (D-VA), Jennifer Wexton (D-VA) and U.S. Del. Eleanor Norton Holmes (D-DC).

A copy of the letter is found here and below.

Dear Secretary Chao,

We write today in support of the National Park Service’s application to the U.S. Department of Transportation’s Infrastructure for Rebuilding America (INFRA) grant program seeking funding to rehabilitate the northern section of the George Washington Memorial Parkway (GWMP). The GWMP North Section Rehabilitation Project aims to reconstruct a heavily used 7.6-mile section of the Parkway from Spout Run Parkway to Interstate 495.

The GWMP is a scenic and historic roadway that serves as a memorial to George Washington and connects Virginia, Maryland, and the District of Columbia. The Park Service first completed the northern section of the GWMP in 1962, utilizing the most up-to-date engineering methods of the time to maximize the lifespan of the roadway. However, in the nearly fifty years since completion, traffic on the Parkway has increased exponentially as the population of the region has burgeoned. Today, the GWMP facilitates the travel of more than thirty-three million vehicles per year, with the northernmost section experiencing the heaviest traffic.

The proposed project will address serious deterioration of the GWMP and implement needed safety improvements to protect motorists. If funded, the Park Service plans to repave nearly eight miles of road along the GWMP, repair stormwater management systems to prevent erosion at drainage outfalls; and rehabilitate two historic, scenic overlooks. The project also includes replacing guardrails, repairing walls, constructing new curbs, and building emergency turnarounds. 

In 2019, several portions of the GWMP were closed to address emergency repairs relating to a culvert pipe failure and a large sinkhole that took nearly three months to complete. Both repairs resulted in significant disruption and displacement of motorists along a heavily traveled section of the GWMP. Improvements to the Parkway are needed to prevent similar disruptions from occurring and ensure the safety of our constituents who utilize this roadway on a regular basis.

This project will rehabilitate and improve a critical link in the National Capital Region’s transportation network while preserving the historical and cultural characteristics that make the Parkway one of the most scenic roadways in the country. These proposed improvements will improve the safety of visitors while extending the life of the GWMP. In addition, work on the north section of the Parkway will address a significant portion of the National Capital Region’s $1.9 billion dollar deferred maintenance backlog, which includes over $717 million for the GWMP alone. 

We understand the INFRA grant program is highly competitive and we appreciate your consideration of the project. Please do not hesitate to reach out if you have any questions about our request.

Thank you again for your consideration. 

Sincerely, 

###

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Chuck Grassley (R-IA) pressed the Justice Department (DOJ) to provide details on specific reforms being implemented to avoid a repeat of its drawn-out and opaque investigation of U.S. Park Police’s fatal shooting of Bijan Ghaisar. Their request follows a recent briefing from DOJ on the missteps that resulted in a two-year review of the officers’ actions in which details leaked to the news media before being shared with Ghaisar’s family.

“We must work together to ensure future investigations are handled in a more transparent, expedient, and thoughtful manner, which is a critical component if we are to maintain the public’s trust in law enforcement and our institutions.  Furthermore, in order to prevent leaks to the media, the Department must carefully review and strengthen the process by which it notifies family members of declination decisions,” the senators wrote in a letter to Attorney General William Barr.

In January of 2018, Warner, along with Sen. Tim Kaine (D-Va.) and Rep. Don Beyer (D-Va.), pushed the FBI for an update on the status of the FBI’s investigation into the fatal 2017 shooting. In October of that year, Warner sent a letter to the head of the National Park Service (NPS) regarding the circumstances under which U.S. Park Police officers engaged with Mr. Ghaisar.

Grassley, then chairman of the Senate Judiciary Committee, contacted the FBI about the investigation in December of 2018. The FBI responded in March of 2019 with little information, provoking a follow-up letter from Grassley.

In June of 2019, Grassley and Warner decried the opaque and drawn-out nature of the review in letters to both the FBI and NPS. The FBI provided a brief response in August, leaving many questions unanswered. In October, NPS provided a partial response, which prompted a follow-up letter from Grassley and Warner in November inquiring about policy updates and related information. To date, the NPS has yet to respond to either Senator concerning this letter. In Senate Floor remarks today, Grassley called on the Park Police to prioritize its responses to Congressional inquiries on the Ghaisar case.

Following the recent conclusion of the FBI’s investigation, the senators pledged to seek greater transparency, and requested a briefing from DOJ, which was provided on February 25, 2020. During the briefing, senior officials expressed that Barr was in the process of instituting changes to ensure future investigations are handled in a more expedient and appropriate manner.

Full text of the senators’ letter follows:

March 13, 2020

VIA MAIL AND ELECTRONIC TRANSMISSION

The Honorable William P. Barr

Attorney General

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

Dear Attorney General Barr:

We appreciate your recent attention to the concerns we have raised over the last two years around the Department of Justice’s (DOJ) and Federal Bureau of Investigation’s (FBI) handling of the Bijan Ghaisar investigation.  During a recent briefing from DOJ, senior DOJ officials made references to several changes you are implementing to ensure future investigations will be handled in a more efficient and considerate manner.  We write today to request more information on the specifics of these planned changes.

On November 17, 2017, Bijan Ghaisar was shot and killed by two U.S. Park Police officers while in his car and unarmed.  The FBI subsequently investigated the deadly shooting for close to two years, and DOJ ultimately declined to prosecute the two Park Police officers.  Throughout the entire investigation, we raised concerns over the lack of transparency, the length of the investigation, and DOJ’s overall treatment of the Ghaisar family, including how the Department communicated and shared information with the family.

We must work together to ensure future investigations are handled in a more transparent expedient, and thoughtful manner, which is a critical component if we are to maintain the public’s trust in law enforcement and our institutions.  Furthermore, in order to prevent leaks to the media, the Department must carefully review and strengthen the process by which it notifies family members of declination decisions. In Bijan’s case, his family first heard about the Department’s decision not to file charges from a reporter seeking comment.  This is completely unacceptable, and frankly embarrassing. The Department must take steps to prevent such callousness in the future.  We look forward to learning more about the planned changes at DOJ and FBI to prevent future investigations from being handled in a similar manner.

Sincerely,

Charles E. Grassley

United States Senator

Mark R. Warner

United States Senator

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) expressed concern with increasing reports of harassment and violence against Asian Americans following the outbreak of COVID-19, the novel coronavirus. In a letter to Vice President Mike Pence, who has been tapped by the President to spearhead the nation’s response to the coronavirus, Sen. Warner requested that the coronavirus taskforce help prevent race-based attacks by dismissing discriminatory narratives and only distributing accurate information about the virus. 

“I encourage you, your coronavirus task force, and members of the Administration to share only confirmed and verifiable information about COVID-19 and dispel misinformation or discriminatory rhetoric to help prevent suspicion, panic, and race-based assaults,” wrote Sen. Warner. “Referring to the novel coronavirus (COVID-19) as a ‘foreign virus’ that ‘started in China’ spreads xenophobia and racism, which is especially concerning as we experience a rise of domestic terrorism right here at home.”

In the letter, Sen. Warner urged the Administration to counter the narrative around COVID-19 to ensure that Americans are not made vulnerable to race-based attacks or harassment as a result of the COVID-19 outbreak. 

In the Commonwealth of Virginia, nearly seven percent, or more than 597,000 Virginians, identify as Asian or Pacific Islander.

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

The Honorable Michael R. Pence

Vice President of the United States of America

The White House

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Dear Vice President Pence:

I am deeply concerned about increasing reports of verbal harassment and violent attacks against Americans of Asian descent across the country since the outbreak of the novel coronavirus (COVID-19). I encourage you, your coronavirus task force, and members of the Administration to share only confirmed and verifiable information about COVID-19 and dispel misinformation or discriminatory rhetoric to help prevent suspicion, panic, and race-based assaults. 

Referring to the novel coronavirus (COVID-19) as a “foreign virus” that “started in China” spreads xenophobia and racism, which is especially concerning as we experience a rise of domestic terrorism right here at home.  

We request your help to counter this narrative and help ensure Americans are not vulnerable to any kind of race-based attack or harassment as a result of this outbreak, which has been a disturbing byproduct of the COVID-19 outbreak.

Thank you for your attention to this request and I look forward to your response.

 ###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) led 17 of his colleagues in sending a letter to the CEOs of eight major internet service providers (ISPs) calling on the companies to take steps to accommodate the unprecedented reliance we will likely see on telepresence services, including telework, online education, telehealth, and remote support services.

In the letter, sent to the CEOS of AT&T, CenturyLink, Charter Communications, Comcast, Cox Communications, Sprint, T-Mobile, and Verizon, the Senators call on companies to suspend restrictions and fees that could limit telepresence options. With disruptions likely to reveal the full extent of the nation’s broadband gaps, they also call on the companies to provide free or at-cost broadband options for students affected by the virus who otherwise lack broadband access for online learning during the outbreak.

“As organizations around the country formulate their responses to the recent outbreak and spread of the novel coronavirus, or COVID-19, we write to discuss the steps that your company is taking to accommodate the unprecedented reliance we will likely see on telepresence services, including telework, online education, telehealth, and remote support services,” wrote the Senators. “Specifically, we ask that you temporarily suspend broadband caps and associated fees or throttling for all communities affected by COVID-19 and work with public school districts, colleges, and universities to provide free, or at-cost, broadband options for students whose schools close due to COVID-19 who don’t have access at home.”

The novel coronavirus has sickened more than 113,000 people around the world, and killed more than 4,000 people to date. In the letter, the Senators emphasize the unprecedented demand for telepresence services that will likely occur during the coronavirus outbreak. The letter also highlights data from the Joint Economic Committee that nearly 12 million children live in homes lacking a broadband connection. According to Education Week, over 1.3 million students have already been impacted thus far by the coronavirus outbreak. 

“No one should be penalized or suffer financial duress for following guidance from the CDC, their employer, local public health officials, or school leaders. Unfortunately, many Americans are subject to restrictive data caps for their home broadband service – caps that could be particularly onerous given the more intensive broadband usage of households practicing social distancing measures and the economic uncertainty for which too many people without paid sick leave are already bracing,” the Senators continued. “While it’s likely that your networks will experience significantly greater traffic as a consequence of social distancing measures, we encourage you to forebear from application of broadband caps and associated fees or throttling as workers and families cope with the effects of this health emergency.”

In addition to Sen. Warner, the letter was signed by Sens. Tim Kaine (D-VA), Michael Bennet (D-CO), Cory Booker (D-NJ), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Jeff Merkley (D-OR), Elizabeth Warren (D-MA), Mazie Hirono (D-HI), Angus King (I-ME), Patty Murray (D-WA), Bernie Sanders (I-VT), Robert Menendez (D-NJ), Dick Durbin (D-IL), Jack Reed (D-RI), Ron Wyden (D-OR), Ed Markey (D-MA), and Gary Peters (D-MI).

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

March 12, 2020

Jeff McElfresh

Chief Executive Officer

AT&T Inc.     

Whitacre Tower

208 S. Akard Street

Dallas, TX 75201

Thomas Rutledge

Chairman and Chief Executive Officer

Charter Communications, Inc.

400 Atlantic Street 10th floor

Stamford, CT 06901

Jeffrey Storey

President and Chief Executive Officer

CenturyLink, Inc.

1025 Eldorado Boulevard

Broomfield, CO 80021

Dave Watson

President and Chief Executive Officer

Comcast Cable Communications, LLC

One Comcast Center

1701 JFK Boulevard

Philadelphia, PA 19103

Pat Esser 

President and Chief Executive Officer

Cox Communications

6205-B Peachtree Dunwoody Road

Atlanta, GA 30328

Michel Combes

President and Chief Executive Officer

Sprint Corporation

6200 Sprint Parkway

Overland Park, KS 66211

John Legere

Chief Executive Officer

T-Mobile

12920 SE 38th Street

Bellevue, WA 98006

Hans Vestberg   

Chairman and Chief Executive Officer

Verizon Communications Inc.                   

One Verizon Way

Basking Ridge, NJ 07920

Dear Messrs. McElfresh, Esser, Rutledge, Combes, Storey, Legere, Watson, Vestberg:

As organizations around the country formulate their responses to the recent outbreak and spread of the novel coronavirus, or COVID-19, we write to discuss the steps that your company is taking to accommodate the unprecedented reliance we will likely see on telepresence services, including telework, online education, telehealth, and remote support services. Specifically, we ask that you temporarily suspend broadband caps and associated fees or throttling for all communities affected by COVID-19 and work with public school districts, colleges, and universities to provide free, or at-cost, broadband options for students whose schools close due to COVID-19 who don’t have access at home.

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

On March 3, 2020, the CDC issued an interim guidance recommending that specific community actions be taken to limit exposure to the virus,[1] on top of previously recommended community-based interventions in the event of a COVID-19 outbreak such as school dismissals, event cancellations, social distancing, and creating employee plans to work remotely.[2] While the spread of COVID-19 is likely to affect different individuals, families, and communities differently, it is increasingly likely that a significant number of Americans will need to practice social distancing in some way.

During this period, it’s likely that we’ll see historic numbers of American students and their teachers relying on data-intensive services such as video teleconferencing, remote learning courses, and virtual mental health services. According to UNESCO, a “record number of school children are not attending school or university because of temporary or indefinite closures mandated by governments.”[3] Selected schools have closed in at least 21 states and that number seems likely to rise as the number of new confirmed cases of COVID-19 increases. According to Education Week, over 1,300,000 students have been impacted thus far.[4] Millions of workers have already begun teleworking in an effort to mitigate the spread of COVID-19; as evidence of the unprecedented demand for telework that we can expect to continue, videoconferencing software company Zoom has already added more active users this year than it did in all of 2019.[5] To effectively contain the disruptive impact that social distancing measures will have on our economy and on American students, it will be essential that these students, teachers, and workers – including patients and providers using telehealth in place of in-person care – have access to affordable broadband.

No one should be penalized or suffer financial duress for following guidance from the CDC, their employer, local public health officials, or school leaders. Unfortunately, many Americans are subject to restrictive data caps for their home broadband service – caps that could be particularly onerous given the more intensive broadband usage of households practicing social distancing measures and the economic uncertainty for which too many people without paid sick leave are already bracing. While it’s likely that your networks will experience significantly greater traffic as a consequence of social distancing measures, we encourage you to forebear from application of broadband caps and associated fees or throttling as workers and families cope with the effects of this health emergency.

These disruptions are also likely to acutely highlight the broadband gap that too many American households still face. According to some estimates, nearly one-third of American households lack meaningful broadband access, either because their homes are unserved or because they cannot afford broadband service.[6] Nearly 12 million children, for instance, live in homes lacking a broadband connection— a gap that highlights wider inequities facing rural Americans, American communities of color, and economically disadvantaged communities.[7] Without meaningful broadband access, students from these communities could be set back months in their learning – further exacerbating the socio-economic disparities these communities face. To that end, we encourage you to make efforts to work with local school districts, community colleges, and universities to provide under- and unserved households with free, or at-cost, broadband options, including through the provision of mobile hotspots.

We look forward to hearing swiftly from you about what steps you will take to help limit the economic and social disruption that COVID-19 is posing at this challenging time. Containing the health impact of COVID-19 will depend on observance of social distancing measures outlined by CDC and public health authorities. But containing the economic and social impact of COVID-19 requires a whole-of-society effort. At this time of great strain on our economic and education systems, we encourage you to do everything you can to cushion the impacts on American workers and students.

Thank you in advance for your prompt attention to this matter.  We are anxious to hear your response.

Sincerely,

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine, a member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, joined Ranking Member Patty Murray and 29 of their Democratic colleagues in urging Secretary of Education Betsy DeVos to provide clear guidance for school districts and institutions of higher education, as well as families and students, following widespread school closures across the country due to the spread of the coronavirus. In a letter to Secretary DeVos, the senators stressed that it is crucial that the Department of Education provide direction as schools prepare to make difficult decisions about closures.

“Increasing numbers of K-12 schools and institutions of higher education are considering school closures in order to mitigate the spread of the virus.  We urge the U.S. Department of Education to consider several serious issues related to school closure as it works with school districts, state education agencies, educators, and institutions of higher education, as well as with the President’s Task Force and public health officials,” wrote the senators.

As the coronavirus continues to spread throughout the country, many schools have already closed – including the University of Virginia and Northern Virginia Community College. School districts in Fairfax County, Pulaski County, and Rockingham County are preparing for potential closures, and institutions of higher education including Virginia Tech and James Madison University are considering online classes. School closures particularly affect students who are food or housing insecure, students who cannot access online learning because they do not have a computer or internet access, and students with disabilities. Students on federal financial aid and student loan borrowers may also be affected by school closures.

Specifically, the Senators urged the Department of Education to provide guidance on a number of issues including:

• How K-12 schools should ensure students can access school lunch programs;
• How schools using online learning should meet the needs of students without computers or access to internet and students with disabilities;
• How schools should ensure students receive a high-quality education online;
• How schools should provide mental health services remotely;
• How colleges and universities should help students enrolled in programs of study abroad affected by the spread of the virus;
• How colleges and universities should help students avoid using up their federal financial aid if they have to leave school due to the spread of the virus;
• How the Department of Education will help federal student loan borrowers if they cannot work due to the spread of the virus;
• How the Department of Education will adjust financial aid for families affecting by the spread of the virus (including job losses or closures).

Considering the urgency of the crisis, the senators asked for a response no later than March 24. In addition to Senators Warner, Kaine, and Murray, the letter was signed by Senators Sheldon Whitehouse (D-RI), Jack Reed (D-RI), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Chris Van Hollen (D-MD), Ben Cardin (D-MD), Chris Murphy (D-CT), Tammy Baldwin (D-WI), Dianne Feinstein (D-CA), Bernie Sanders (I-VT), Tina Smith (D-MN), Brian Schatz (D-HI), Amy Klobuchar (D-MN), Sherrod Brown (D-OH), Ed Markey (D-MA), Maggie Hassan (D-NH), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), Kirsten Gillibrand (D-NY), Michael Bennet (D-CO), Elizabeth Warren (D-MA), Bob Casey (D-PA), Kamala Harris (D-CA), Bob Menendez (D-NJ), Jeff Merkley (D-OR), Jacky Rosen (D-NV), Gary Peters (D-MI), Richard Blumenthal (D-CT), and Tom Carper (D-DE).

Democrats in the Senate have already pushed for answers from the Department of Education on how they will work to protect students, teachers, and staff during the coronavirus crisis.

The full text of the letter is below and HERE.

March 10, 2020

The Honorable Betsy DeVos

Secretary of Education

U.S. Department of Education

400 Maryland Avenue, SW
Washington, DC 20202

Dear Secretary DeVos:

We write on the topic of the 2019 Novel Coronavirus (COVID-19) and the impact it is having on schools across the country.  Increasing numbers of K-12 schools and institutions of higher education (IHEs) are considering school closures in order to mitigate the spread of the virus.  We urge the U.S. Department of Education (“Department”) to consider several serious issues related to school closure as it works with school districts, state education agencies, educators, and institutions of higher education, as well as with the President’s Task Force and public health officials.

On February 27, 2020, the Department announced it had launched an internal Coronavirus Task Force led by Mick Zais, Deputy Secretary of Education.  On March 4, 2020, the Office for Civil Rights provided guidance about educational institutions’ responsibility to address bullying and harassment of students of Asian descent due to stereotypes related to COVID-19.  On March 5, 2020, the Department provided guidance and flexibility to institutions of higher education impacted by COVID-19 to comply with Title IV of the Higher Education Act, but additional questions remain.^[1]  The Centers for Disease Control and Prevention (CDC) has also issued interim guidance for IHEs and for K-12 schools.^[2]

We do not yet know the scale at which K-12 schools and IHEs across the country may need to close in order to help contain the spread of COVID-19, but we urge you to do everything you can to ensure you are continuing to prepare stakeholders for a variety of scenarios.  To date, over a dozen countries have shut down schools nationwide, and the number grows each day.^[3]  As the virus continues to spread throughout the United States, many schools have closed, and it is becoming increasingly likely many more will choose to do so.  For example, on March 6, the University of Washington announced it would cancel in-person classes and move to online classes for its 50,000 students beginning March 9 through the end of the winter quarter on March 20.^[4]  Seattle University and Northeastern University’s Seattle campus have also moved to online classes, as have Stanford University and Columbia University.^[5]  Some K-12 schools in Washington, New York, California, and Rhode Island have also temporarily closed.^[6]  

As schools prepare to make these difficult decisions, they are faced with many legal and practical uncertainties and are looking for clear guidance and direction from the Department.

We are especially concerned by the adverse impact of school closures on certain students and families.  In K-12 schools, many families rely on the Federal School Lunch Program and may experience food insecurity if they can no longer access meals at school.  Few school districts have experience providing wide-scale educational services online for all students, and not all families have access to home computers and high-speed internet to take advantage of such online options.  Online learning cannot substitute for a number of services provided in the school setting, and it raises particular challenges to ensuring equity in access to education for all students.

COVID-19 also could severely impact many students in higher education, as well as federal loan borrowers.  Students rely on their colleges for on-campus food and housing services.  American students enrolled abroad in foreign colleges face barriers to continuing their education, whether online or at other colleges and universities in other countries and the United States.  Depending on the spread of economic effects across the country, federal student loan borrowers affected by the impacts of COVID-19 may experience difficulty in repaying their loans.  Finally, online education is not the best or preferred method of learning for many students, including students who may be the first in their families to go to college or come from low-income families.  If IHEs move to providing education online, we urge the Department to prioritize and ensure students continue to receive a high-quality education, including live, face-to-face, synchronous instruction between students and faculty as much as possible.

We urge you to consider these issues and provide us, and the public, answers to the following questions by no later than March 24, 2020:

1. What communication has the Department had with the United States Department of Agriculture (USDA) about the school lunch program to ensure students in schools that have closed or will close continue to have access to meals?

2. What communication has the Department had with the United States Department of Health and Human Services (HHS) about school-based health centers (SBHC) to ensure students and families who rely on health care services provided by SBHCs will continue to have access to such services in schools that have closed or will close?

3. Can the Department provide assistance to families without home computers or access to high-speed internet so they can take advantage of online educational options provided by either their school districts or IHEs if they need to?

4. What guidance will the Department provide about meeting the educational needs of students who need to stop attending school, including based on the recommendation of a doctor, because they are sick, due to school closure, or for other reasons?

5. If school districts and IHEs elect to provide online classes, they must ensure access is available for all students, including students with disabilities.  What guidance is being provided to support school districts and IHEs in providing accessible instructional material, including ensuring websites are accessible, documents are compatible with screen readers, videos include closed captioning, students can participate in online video discussions, and, as applicable, accommodations for testing are provided remotely?

6. CDC guidance recommends IHEs ensure continuity of mental health services for students feeling overwhelmed with COVID-19 and associated events.  What supports and assistance will the Department give to IHEs and school districts in providing remote services to all students? 

8. While flexibility for colleges to use online education was addressed in the Department’s guidance, this guidance did not address issues of quality.  How does the Department plan to monitor and ensure students receive regular and substantive interaction by their instructor(s) in higher education online programs?

• What additional specific guidance is being provided to institutions on what “regular” and “substantive” interaction looks like?
• The Department’s guidance from the Office of Postsecondary Education from March 5, 2020 states that “instructors must initiate substantive communication with students, either individually or collectively, on a regular basis,” and gave examples of instructors emailing instructional materials and using chat features and conference calls to communicate to students.  Will the Department issue additional guidance that reflects the concepts found in the consensus draft regulatory definition for distance education (34 CFR 600.2), in that interaction must be proactive, prompt, predictable, and responsive to students on the basis of student monitoring and request?^[7] 

8. Will the Department advise or encourage IHEs to establish broader academic leave of absence policies for the purposes of relieving them from SAP restrictions?

9. How will the Department plan to encourage or require IHEs to provide proactive warnings to students regarding “Return of Title IV” procedures so that, if they leave mid-term due to COVID-19, they do not incur a surprise loan bill or use up their federal financial aid?

10. Will the Department clarify that loss of a job due to illness or closure of an employer is a qualifying event for purposes of professional judgment?

11. Will the Department provide loan deferment or forbearance opportunities for borrowers, including waiving accrued interest, if their ability to work or earn income is disrupted?

12. Will the Department issue any guidance on whether IHEs need to report withdrawal dates that may trigger the one-time student loan “grace period” or if they can delay to keep students enrolled for a temporary absence?

13. How does the Department plan to address current regulatory limits placed on a foreign college’s program of study to take place in the United States or at an accredited foreign institution that is ineligible for Title IV aid?

14. What limits does the Department plan to enforce regarding an institution’s partnership with institutions or organizations ineligible for Title IV aid?

We also look forward to reading your response to the letter sent by Senator Murray and several members of the Health, Education, Labor, and Pensions Committee on March 2, 2020, regarding how the Department is preparing for the potential spread of the outbreak and working with other federal agencies and key stakeholders.  Thank you for your consideration of these issues and your timely response.

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, sent a letter to the Acting Director of National Intelligence (DNI) and the Director of the Office of Personnel Management (OPM) urging them to issue clear guidance that ensures the security clearances of intelligence community personnel and contractors will not be jeopardized due to the financial impact of the coronavirus outbreak.

“I write to ask you to issue guidance directing agencies to exercise appropriate leniency in considering how the coronavirus (COVID-19) may be negatively impacting adjudications for a security clearance or determination of trust,” wrote Sen. Warner.

A key element of the background investigation that supports a security clearance or a determination of trustworthiness is an individual’s financial stability. In his letter, Sen. Warner raised concerns that COVID-19’s impact could not only lead to financial duress for employees with security clearances, but that this financial duress could lead to delays in renewing security clearances. It could even result in personnel losing their positions in the event that they must heed the advice of health professionals and subsequently lose out on a paycheck in order to self-quarantine. The problem is particularly true for younger workers who lack a long credit history.

“While I understand that departments and agencies may already have certain discretion to consider broader contextual factors that may affect personnel vetting decisions, I ask you to issue clear and public guidance that departments and agencies may in no way penalize employees’ clearances or determinations of trustworthiness due to circumstances associated with coping with COVID-19. This guidance should apply to any information used in an initial clearance, a periodic reinvestigation, or a continuous evaluation program,” continued Sen. Warner.

Earlier this week, the Intelligence and National Security Alliance (INSA) issued a statement that supports Sen. Warner’s recommendation for the DNI Acting Director to mitigate the impact of the coronavirus by issuing guidance that acknowledges that “financial difficulties incurred as a result of a work stoppage should not be treated as derogatory factors affecting workers’ security clearances.”

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

The Honorable Dale Cabaniss

Director, Office of Personnel Management

1900 E Street, NW

Washington, D.C.  20415

Ambassador Richard Grenell

Acting Director of National Intelligence

Washington, D.C.  20511

Dear Director Cabaniss and Acting Director Grenell:

I write to ask you to issue guidance directing agencies to ensure that the coronavirus (COVID-19) does not negatively impact adjudications for government or contractor employees’ security clearances or determinations of trust.

COVID-19 may have many effects on our workforce, to include financial difficulty and psychological stress.  Efforts to prevent the spread of COVID-19 may require government and contractor personnel to self-quarantine or tend to family members, which in may cause them miss payments on things like rent, mortgage, credit cards, or other forms of debt.  The impact may be particularly acute for hourly workers.  This could impact their credit scores and jeopardize their ability to secure or maintain a clearance or hold a position of trust.  The problem is particularly acute for younger workers who lack a long credit history.  Psychological strain can naturally accompany such circumstances, exacerbating the situation.

While I understand that departments and agencies may already have certain discretion to consider broader contextual factors that may affect personnel vetting decisions, I ask you to issue clear and public guidance to ensure that departments and agencies do not penalize employees’ clearances or determinations of trustworthiness due to circumstances associated with COVID-19.  This guidance should apply to any information used in an initial clearance, a periodic reinvestigation, or a continuous evaluation/vetting program.

Thank you for your prompt attention to this matter.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged Vice President Mike Pence to take steps to both combat online misinformation related to the coronavirus outbreak and to correct false and misleading statements by the President and other members of the Administration, in the interest of public health. This letter follows reports of widespread misinformation on social media about the novel coronavirus (COVID-19) – from conspiracies about the virus’ inception, to false claims about products that were said to provide immunity or cures.

“I am deeply concerned that despite the seriousness of the novel coronavirus (COVID-19) outbreak, your coronavirus taskforce and members of the Administration have failed to consistently counter the significant amount of misinformation conveyed to the American public. In many instances, we have seen misinformation spread by those seeking to profit from untested and potentially dangerous products misrepresented as effective treatments for the virus,” wrote Sen. Warner. “Of even greater concern, false or misleading information has also come directly from prominent members of the Administration, up to and including the President.”

“The President’s injudicious and false statements could gravely undermine ongoing public health efforts to contain the outbreak. His statements directly conflict with the advice and recommendations of your own coordinated federal response and leading public health experts and will likely exacerbate economic uncertainty and discourage individuals from seeking needed care. To date, I am not aware of any steps your Administration has taken to publicly correct this false narrative,” he continued. “Simply put – this conflicting messaging and misinformation will weaken our ability to respond to COVID-19 and significantly undermine ongoing public health efforts. I strongly encourage you to publicly withdraw and correct President Trump’s statements and other false statements made by members of the Administration. In addition I ask that, moving forward, the coronavirus taskforce proactively monitor and develop a comprehensive strategy to counter widespread misinformation, including campaigns by foreign actors or parties seeking to profit from fraudulent health treatments. Information conveyed to the public must accurately reflect the latest guidance from public health experts and other authorities.”

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

In his letter, Sen. Warner noted that the President’s false statements “stoke and legitimize already widespread online misinformation concerning the virus.”  He also highlighted indications “that at least some of the misinformation is derived from, or at least amplified by, malicious foreign actors.”

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

The Honorable Michael R. Pence

Vice President of the United States of America

The White House

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Dear Vice President Pence:

I am deeply concerned that despite the seriousness of the novel coronavirus (COVID-19) outbreak, your coronavirus taskforce and members of the Administration have failed to consistently counter the significant amount of misinformation conveyed to the American public. In many instances, we have seen misinformation spread by those seeking to profit from untested and potentially dangerous products misrepresented as effective treatments for the virus.^[1] Of even greater concern, false or misleading information has also come directly from prominent members of the Administration, up to and including the President. I believe that, left unaddressed, this misinformation and conflicting messaging will undermine our ability to respond to COVID-19 by reducing public confidence in ongoing public health efforts, creating economic uncertainty and causing the public to respond in counterproductive ways.

As you know, the novel coronavirus (COVID-19) has sickened more than 118,000 people around the world, and killed more than 4,200 people to date.^[2] While this situation is rapidly evolving in the United States, the Centers for Disease Control and Prevention (CDC) has said the potential public health threat posed by COVID-19 is very high.^[3] It is essential that the Administration communicate timely and accurate information to the American public. This should include a coordinated effort to address potentially harmful misinformation spread through social media and other sources.

On March 4, 2020, during a phone call televised to millions of viewers, President Donald J. Trump indicated that Americans who fear they may have COVID-19 should continue going to work and not seek medical care, and told viewers that the World Health Organization’s (WHO) estimates of the virus’ deadliness were false.^[4] In addition, on February 26, 2020 the President carelessly downplayed the seriousness of this outbreak by telling the American public that COVID-19 cases in the U.S. were “going very substantially down, not up” and that the existing 15 cases in the U.S. “is going to be down to close to zero” in two days.^[5] As you know, cases have increased exponentially since that time.

The President’s injudicious and false statements could gravely undermine ongoing public health efforts to contain the outbreak. His statements directly conflict with the advice and recommendations of your own coordinated federal response and leading public health experts and will likely exacerbate economic uncertainty and discourage individuals from seeking needed care. To date, I am not aware of any steps your Administration has taken to publicly correct this false narrative.

In addition, such remarks stoke and legitimize already widespread online misinformation concerning the virus. There are indications that at least some of the misinformation is derived from, or at least amplified by, malicious foreign actors.^[6] Additional misleading statements from members of the Administration, combined with intentional falsehoods pushed by these malicious actors, will only make matters worse.

Successfully combatting COVID-19 will require that public officials, health care providers and the American public act in a coordinated and responsible manner and, should the need arise, follow recommendations of public health experts to social distance, self-quarantine and take additional safety measures. This will not be possible if the Administration does not take proactive steps to counter false information and consistently relay trusted, accurate and timely information to the American public.

Simply put – this conflicting messaging and misinformation will weaken our ability to respond to COVID-19 and significantly undermine ongoing public health efforts. I strongly encourage you to publicly withdraw and correct President Trump’s statements and other false statements made by members of the Administration. In addition I ask that, moving forward, the coronavirus taskforce proactively monitor and develop a comprehensive strategy to counter widespread misinformation, including campaigns by foreign actors or parties seeking to profit from fraudulent health treatments. Information conveyed to the public must accurately reflect the latest guidance from public health experts and other authorities. Thank you for your attention to this request and I look forward to your response.                                               

Sincerely,

###

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

“Securing our telecommunications infrastructure from foreign interference is a priority as we work to keep the United States on the cutting-edge of 5G technology,” said Sen. Cornyn. “I appreciate the House of Representatives for swiftly passing this legislation, and I look forward to it becoming the law of the land soon.”

“5G is the next great technological evolution for the telecommunications industry,” said Sen. Burr. “The same features that make 5G a powerful tool for growth and innovation – its incredible speed and wide reach – also pose an unprecedented national security challenge.  Now is the time for the U.S. to develop a real strategy for confronting these challenges, and I applaud Congress for advancing us toward that goal.”

“5G promises to usher in a new wave of innovations, products, and services. At the same time, the greater complexity, density, and speed of 5G networks relative to traditional communications networks will make securing these networks harder and more complex. It’s why we need a coherent, national strategy to harness the advantages of 5G in a way that addresses those risks,” said Sen. Warner. “I’m glad that the House has passed our bill and is sending it on to the President’s desk for his signature.”

Background on the Secure 5G and Beyond Act:

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

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

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

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

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

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

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

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

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

March 10, 2020

The Honorable Elaine Chao

Secretary of Transportation

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington, D.C. 20590

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

Dear Secretary Chao and Secretary Pompeo:

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

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

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

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

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

Sincerely,

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