WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Chris Van Hollen (D-Md.), Tom Carper (D-Del.) and more than 20 Democratic Senate colleagues in urging leadership to make the District of Columbia whole and provide full funding to D.C. in future COVID-19 relief packages. As noted in their letter, while D.C. is typically treated as a state for budgetary purposes, the coronavirus phase 3 package categorized D.C. as a territory under the Coronavirus Relief Fund. This intentional slight blocked D.C. from receiving approximately $700 million in funding, despite the fact that D.C. residents pay federal income taxes and contribute more revenue than 22 states. Additionally, D.C. is facing more coronavirus cases than 19 states.

The Senators write, “The District of Columbia is not simply the site of the federal government. It is home to 700,000 Americans, with a higher population than two states. Its residents pay federal income tax and follow federal laws. In fact, they contribute more tax revenue than 22 states. Currently, 495 residents of the District have been diagnosed with COVID-19, more than 19 states.”

They note, “Because the CARES Act did not follow the precedent of treating the District as a state for the purposes of federal funding, the District will be shortchanged more than $700 million.”

The Senators underscore, “Regardless of one’s views on D.C. Statehood, it is shameful and unprecedented to change the District’s treatment in a bill to provide support for emergency response. Controlling the spread of COVID-19 is a shared priority of all the states, and drastically underfunding an urban area that is closely connected to its surrounding states and the northeast corridor is shortsighted and inexcusable.”

The Senators close the letter, stressing, “The District of Columbia does not have representation in the Senate, but it does have support. We urge you to work quickly to address this issue with new emergency appropriations to ensure that our nation’s capital has the resources it needs to respond to this national emergency.”

In addition to Senators Van Hollen and Carper, the letter was signed by Senators Mark Warner (D-Va.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Dick Durbin (D-Ill.), Bernie Sanders (I-Vt.), Chris Coons (D-Del.), Elizabeth Warren (D-Mass.), Richard Blumenthal (D-Conn.), Jeff Merkley (D-Ore.), Kirsten Gillibrand (D-N.Y.), Cory Booker (D-N.J.), Edward Markey (D-Mass.), Amy Klobuchar (D-Minn.), Mazie Hirono (D-Hawaii), Tammy Baldwin (D-Wis.), Jack Reed (D-R.I.), Kamala Harris (D-Calif.), Bob Casey (D-Penn.), Michael Bennet (D-Colo.), Ron Wyden (D-Ore.), Sherrod Brown (D-Ohio), Tina Smith (D-Minn.), and Chris Murphy (D-Conn.).

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

Dear Majority Leader McConnell and Minority Leader Schumer,

As Congress continues to respond to the COVID-19 national emergency, we urge you to provide necessary relief to our nation’s capital, the District of Columbia.

The CARES Act included important relief for state and local governments that are managing unanticipated costs as they prepare and respond to the threat of COVID-19 and manage the health and economic impacts. Every state will receive a minimum of $1.25 billion. However, while the District of Columbia is consistently treated as a state in federal formulas for education, transportation, and other programs, the CARES Act grouped the District with the territories for the purpose of the Coronavirus Relief Program. 

The District of Columbia is not simply the site of the federal government. It is home to 700,000 Americans, with a higher population than two states. Its residents pay federal income tax and follow federal laws. In fact, they contribute more tax revenue than 22 states. Currently, 495 residents of the District have been diagnosed with COVID-19, more than 19 states. 

In an effort to flatten the curve and contain the spread of COVID-19, the District has closed all non-essential businesses through April 24, 2020. As in many of our states, small businesses are shuttered, local restaurants are struggling to convert to take-out operations or closing temporarily, and parents are at home caring for their children as schools are closed.

Because the CARES Act did not follow the precedent of treating the District as a state for the purposes of federal funding, the District will be shortchanged more than $700 million. 

Regardless of one’s views on D.C. Statehood, it is shameful and unprecedented to change the District’s treatment in a bill to provide support for emergency response. Controlling the spread of COVID-19 is a shared priority of all the states, and drastically underfunding an urban area that is closely connected to its surrounding states and the northeast corridor is shortsighted and inexcusable.

The District of Columbia does not have representation in the Senate, but it does have support. We urge you to work quickly to address this issue with new emergency appropriations to ensure that our nation’s capital has the resources it needs to respond to this national emergency.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released a statement today on a U.S. Government Accountability Office (GAO) study, which he helped stand up to bring greater scrutiny to the privatized military housing program. The GAO study found deficiencies in the Department of Defense’s (DoD) oversight of privatized military housing and issued a series of recommendations, including ones suggesting that DoD take steps to better track maintenance data and to improve communication with servicemembers and their families –  measures that Sen. Warner successfully worked to pass into law and has been fighting to get implemented ever since. 

“This GAO study, the result of a year-long investigation of privatized military housing, shows what many military families already know – that the DoD has not done enough to protect servicemembers and their families, who have been forced to put up with unacceptable living conditions in private military housing for far too long. Last year, the President signed into law our nation’s annual defense bill, which included a number of measures I authored to give military families new tools to hold private housing companies accountable. This bill also created the first ever Tenants Bill of Rights,” said Sen. Warner. “We need to ensure that every single one of these provisions are implemented as soon as possible. As the GAO study pointed out, there needs to be more transparency in how work order data and maintenance records are tracked. Families deserve to be able to access and follow the status of their work orders so that they can make more informed decisions. In addition, the services need to better communicate the responsibilities of the services and the partners, and to make clear distinctions between the military housing office and the private partner.”  

“Families also need to have the ability to withhold their Basic Housing Allowance if issues in their homes are not addressed, and to have a process for dispute resolution if these problems persist,” he continued. “Congress has acted, but my work is not done. I’m committed to keep pushing the DoD to implement these provisions as quickly as possible. It’s about time to even out the power imbalance between our servicemembers and privatized military housing companies, and these GAO findings are a stark reminder of that.”  

Among other things, the GAO study found that work order data collected by military departments and private partners was not captured reliably or consistently and therefore could not be used by the military services to monitor the quality of homes. The report also found that the data in reports provided to Congress was unreliable – leading to misleading results – and that the performance metrics used by military departments to monitor private partners did not provide meaningful information on housing conditions.

Last year, Sen. Warner introduced legislation to make much-needed reforms to privatized military housing, following reports of health hazards in military homes across the country. He successfully secured large portions of his legislation in the National Defense Authorization Act (NDAA), which passed in December.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) urged the U.S. Department of Agriculture (USDA) to waive a requirement that needlessly forces children – including those who are immunocompromised – to physically accompany their parent or guardian to a school lunch distribution site in order to receive USDA-reimbursable meals, therefore putting them at increased risk of contracting COVID-19.

“Current USDA regulations prohibit school districts from distributing meals to families unless the child is present. While we understand the need for this policy under normal circumstances, the current public health emergency demonstrates a clear need for flexibility in food distribution policies to ensure every child has access to a healthy meal,” the Senators wrote in a letter to USDA Secretary Sonny Perdue. “The current policy is burdensome on families and places children at increased risk – especially those who are immunocompromised. This creates a difficult situation for some families who must decide between potentially placing their children at risk of infection and skipping meals.”

According to reports, Virginia families with at-risk children have already been put in the difficult position of choosing whether to seek the food assistance they need, or safeguard the health and safety of their child.

“To meet the nutrition needs of all children during the current public health crisis, we request that USDA establish guidelines for states that remove the in-person requirements for families with at-risk children to reduce unnecessary exposure to COVID-19,” they continued. “Removing this restriction would go a long way to ensuring children in Virginia have access to healthy meals during this public health emergency and are not placed at undue risk.”

In their letter, the Senators also urged USDA to do more to make sure that children in Virginia continue to have access to healthy and nutritious foods during this crisis.

Sens. Warner and Kaine have been strong advocates of expanded access to food assistance for families in the Commonwealth amid the COVID-19 outbreak. Earlier this week, the Senators urged USDA to swiftly approve Virginia’s request to operate a Disaster Household Distribution Program, which would allow food banks to distribute USDA foods directly to Virginia families in need while limiting interactions between food bank staff, volunteers, and recipients. 

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

The Honorable Sonny Perdue 

Secretary

United States Department of Agriculture

1400 Independence Avenue, SW

Washington, DC 20250

Dear Secretary Perdue:

We write today concerning the ongoing public health crisis caused by the spread of COVID-19 and the unprecedented nutrition challenges children in Virginia and across the country are facing. We appreciate all the United States Department of Agriculture (USDA) is doing to meet this unique challenge, including waiving the congregate meal requirements for child nutrition programs. However, we believe more must be done to ensure children in Virginia continue to have access to healthy and nutritious meals during this state of emergency.

Current USDA regulations prohibit school districts from distributing meals to families unless the child is present. While we understand the need for this policy under normal circumstances, the current public health emergency demonstrates a clear need for flexibility in food distribution policies to ensure every child has access to a healthy meal. The current policy is burdensome on families and places children at increased risk – especially those who are immunocompromised. This creates a difficult situation for some families who must decide between potentially placing their children at risk of infection and skipping meals. 

To meet the nutrition needs of all children during the current public health crisis, we request that USDA establish guidelines for states that remove the in-person requirements for families with at-risk children to reduce unnecessary exposure to COVID-19. Removing this restriction would go a long way to ensuring children in Virginia have access to healthy meals during this public health emergency and are not placed at undue risk.

Again, thank you for your attention to this matter and all you are doing to ensure children have access to healthy and nutritious foods during this challenging time. We look forward to your response.

Sincerely, 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the Administrator of the Food and Nutrition Service (FNS) at the U.S. Department of Agriculture (USDA) urging for swift approval of Virginia’s request to operate a Disaster Household Distribution Program. This designation by the Food and Nutrition Service would allow food banks to distribute USDA foods directly to Virginia’s neediest families while limiting the interactions between food bank staff, volunteers, and recipients during the coronavirus outbreak. 

“In Virginia, many households are out of work due to the ongoing public health emergency. This has created an unprecedented increase in need for food services across the Commonwealth. With little time to prepare, many families have found themselves without the finances to maintain a healthy diet. Unfortunately, congregate food distribution is not an option at this time due to the potential spread of COVID-19. A household distribution program is required to ensure the safe and efficient distribution of food to families in need,” wrote the Senators to Administrator Pam Miller of the Food and Nutrition Service. 

In their letter, the Senators underscore that food banks serve as a vital lifeline for families across the Commonwealth. With the designation of the Disaster Household Distribution Program, the burdensome paperwork that often accompanies a family’s application for food assistance would be removed in an effort to expeditiously distribute food to families in need.

“The Virginia Federation of Foodbanks – working in conjunction with VDACS – will operate the Disaster Household Distribution Program in the Commonwealth. Virginia foodbanks will utilize their existing inventories of USDA foods and donated foods to help supplement families’ nutritional needs. Participants in the program will not be required to complete long and burdensome application forms. The goal will be to limit interaction between staff, volunteers, and recipients to ensure the safe and expeditious delivery of food to families,” they continued.

On March 19, 2020, the Commonwealth submitted a formal request to operate a Household Disaster Distribution Program.

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

Dear Administrator Miller: 

We write today in support of the Virginia Department of Agriculture and Consumer Service’s (VDACS) request to operate a Disaster Household Distribution Program in Virginia due to the ongoing public health emergency caused by the spread of COVID-19. Timely approval of this request is needed to ensure families in Virginia have access to healthy foods during this crisis.

In Virginia, many households are out of work due to the ongoing public health emergency. This has created an unprecedented increase in need for food services across the Commonwealth. With little time to prepare, many families have found themselves without the finances to maintain a healthy diet. Unfortunately, congregate food distribution is not an option at this time due to the potential spread of COVID-19. A household distribution program is required to ensure the safe and efficient distribution of food to families in need.

The Virginia Federation of Foodbanks – working in conjunction with VDACS – will operate the Disaster Household Distribution Program in the Commonwealth. Virginia foodbanks will utilize their existing inventories of USDA foods and donated foods to help supplement families’ nutritional needs. Participants in the program will not be required to complete long and burdensome application forms. The goal will be to limit interaction between staff, volunteers, and recipients to ensure the safe and expeditious delivery of food to families.

In order to ensure Virginians in need are able to access food in a safe and timely manner, we urge you approve the Commonwealth’s request to operate a Disaster Household Distribution Program. Thank you for your consideration of this request and all you do to ensure Americans have access to healthy foods.

Sincerely, 

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Washington, D.C. – U.S. Sen. Mark R. Warner joines Sens. Catherine Cortez Masto (D-Nev.), Senate Minority Leader Chuck Schumer (D-N.Y.),  Finance Committee Ranking Member Ron Wyden (D-Ore.) and 24 Senate colleagues in calling on the Centers for Medicare & Medicaid Services (CMS) to withdraw the proposed Medicaid Fiscal Accountability Rule (MFAR), a dangerous proposal to disrupt state Medicaid financing. The rule’s complex technical changes would limit the types of financing mechanisms states can use to pay for their non-federal share of Medicaid costs. Moreover, the discretion reserved by CMS to approve or deny state proposals provides far too little clarity and certainty to states who must plan far ahead for program expenditures. Nevada hospitals have warned that it could cost the state’s hospitals between $21 million and $205 million depending on how its implemented.

In a time when state budgets are strained and Medicaid programs are set to take on new populations of unemployed Americans, this change would be devastating to providers across the country and the vulnerable low-income patients who rely on them. 

The senators said in part, “We are writing to express our serious concern regarding the Centers for Medicare & Medicaid Services’ (CMS) recently proposed rule entitled, Medicaid Program; Medicaid Fiscal Accountability Regulation, 84 Fed. Reg. 63722 (Nov. 18, 2019). This proposed rule would have disastrous consequences for the Medicaid program and the millions of individuals it serves, and we request that CMS withdraw the proposed rule.”

The senators continued, “According to the National Governors Association, the proposed rule would ‘significantly curtail the longstanding flexibility states have to fund and pay for services in their Medicaid programs’ having ‘significant and broad impacts’ that will ‘result in decreased access to care for many vulnerable Americans.’”

In addition to Sens. Warner, Cortez Masto, Schumer, and Wyden, the letter was signed by Senators Sherrod Brown (D-Ohio), Robert P. Casey, Jr. (D-Pa.), Edward J. Markey (D-Mass.), Sheldon Whitehouse (D-R.I.), Angus King (I-Maine), Elizabeth Warren (D-Mass.), Maggie Hassan (D-N.H.), Tina Smith (D-Minn.), Jeanne Shaheen (D-N.H.), Dianne Feinstein (D-Calif.), Dick Durbin (D-Ill.), Debbie Stabenow (D-Mich.), Tammy Baldwin (D-Wis.), Patrick Leahy (D-Vt.), Jacky Rosen (D-Nev.), Gary Peters (D-Mich.), Richard Blumenthal (D-Conn.), Kamala Harris (D-Calif.), Ed Merkley (D-Ore.), Brian Schatz (D-Hawaii), Kirsten Gillibrand (D-N.Y.), Amy Klobuchar (D-Minn.), and Tim Kaine (D-Va.).

Full text of the letter can be found below.

Dear Administrator Verma:

We are writing to express our serious concern regarding the Centers for Medicare & Medicaid Services’ (CMS) recently proposed rule entitled, Medicaid Program; Medicaid Fiscal Accountability Regulation, 84 Fed. Reg. 63722 (Nov. 18, 2019). This proposed rule would have disastrous consequences for the Medicaid program and the millions of individuals it serves, and we request that CMS withdraw the proposed rule. 

Medicaid provides comprehensive, affordable coverage for over 71 million Americans, including children, individuals living with disabilities, pregnant women, seniors, and low-income parents and adults. Ensuring the fiscal integrity of the program is vital to assuring the program can efficiently and effectively serve the millions of Americans who depend on it. Yet, this Administration continues to take actions to undermine this essential program. In addition to attempts to block grant and cap Medicaid, rescind important access protections, and promote policies that make it harder for individuals to get the health care they need, this proposed rule is yet another step in the Administration’s ongoing agenda to dismantle the financing structure of Medicaid and cut benefits, coverage, and access.

Numerous stakeholders including: the bipartisan National Governors Association; the independent Medicaid and CHIP Payment and Access Commission (MACPAC); states; providers including safety net hospitals, nursing homes, and academic medical institutions; managed care plans; children’s groups including the American Academy of Pediatrics and March of Dimes; disability advocates; groups representing millions of patients such as those with cancer and rare diseases; and the bipartisan National Association of Medicaid Directors have all expressed significant concern with the proposed rule.

According to the National Governors Association, the proposed rule would “significantly curtail the longstanding flexibility states have to fund and pay for services in their Medicaid programs” having “significant and broad impacts” that will “result in decreased access to care for many vulnerable Americans.” Organizations such as the American Hospital Association representing hospitals and providers across the country and the American Health Care Association representing nursing facilities nationwide have stated that under the rule, “[e]ntire communities could lose access to care . . . especially in rural areas where 15 percent of hospital revenue and nearly two-thirds of nursing facility revenue nationwide depend on Medicaid funding.” Groups representing patients with chronic health conditions and individuals with disabilities have said that CMS's proposed rule “will severely undermine the ability of Medicaid as a health insurer to effectively address the needs of patients,” and “make substantive changes to long-standing Medicaid policy that would jeopardize access to care for Medicaid beneficiaries with disabilities and chronic conditions.” Even the independent MACPAC, which provides policy and data analysis to Congress on a non-partisan basis, publicly expressed concern that the proposed rule “could reduce payments to providers in ways that could jeopardize access to care for Medicaid enrollees.” The Commission went further saying that  “CMS should collect and rigorously examine data on the potential effects of such changes on beneficiary access,” an analysis “especially important given CMS’ previous proposal to rescind the requirement that states evaluate access before reducing or restricting provider payments.” 

Such responses are representative of feedback from thousands of stakeholders who have weighed in warning of the calamitous impact CMS’s proposed Medicaid Fiscal Accountability Regulation would have on the Medicaid program, states, providers, and the millions of Americans Medicaid serves. To make matters worse, in issuing its proposed rule, the Administration failed to conduct a full fiscal impact analysis stating that the “fiscal impact on the Medicaid program from the implementation of the policies in the proposed is unknown.” This is one of the many reasons that independent organizations like MACPAC urged CMS “not to implement new limits for supplemental payments and financing arrangements at this time.” Such blatant administrative malpractice is completely unacceptable and one more item on a long list of reasons why the proposed rule must not move forward.

It is for these reasons that we request CMS withdraw the proposed Medicaid Fiscal Accountability Regulation and instead work with Congress to identify areas where additional transparency may improve efficiency, economy, and quality of care under the program to ensure the millions of American’s who rely on Medicaid for comprehensive coverage and care have access to the care and services to which they are entitled.

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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined their Democratic colleagues in a letter to President Donald J. Trump and Vice President Mike Pence demanding answers about supplies and equipment in the Strategic National Stockpile (SNS) critical to addressing the Coronavirus Disease 2019 (COVID-19) pandemic. The Senators asked the President and Vice President to confirm any relevant supply and equipment shortages in the SNS, to outline their strategy to close any such shortages, and to clarify how they plan to use Defense Production Act powers to increase production of supplies and equipment needed for the pandemic response. Senator Kaine also cosponsored legislation to expedite the procurement of medical equipment under the Defense Production Act to quickly produce and ensure access to supplies like Personal Protective Equipment (PPE) for health care workers on the frontlines of this pandemic.

“State, local, territorial, and tribal public health agencies are leading the response to the pandemic. These departments know their communities well and are making the best decisions they can to keep their citizens safe. However, our constituents working as health care providers and front line responders in hospitals, public health departments, and throughout their communities report the health care system is woefully under-resourced, especially in our rural, underserved areas and minority communities that are often overlooked. This problem is most acute with shortages of supplies and equipment that are desperately needed to test for and treat COVID-19 patients,” wrote the Senators in the letter.

The Senators continued, “Given the scale of the threat that COVID-19 poses to public health, responding to the outbreak is placing substantial strain on state, local, territorial, and tribal public health agencies’ already- limited resources. Furthermore, states and health care facilities who are trying to do as the President says and ‘get it yourself,’ find that the supply simply is not available. We urge you to be proactive and utilize the powers that you invoked on March 18, 2020, under the Defense Production Act (DPA) to mobilize private industry to manufacture the supplies and equipment needed to address this crisis.”

The Senators call on the President and Vice President to answer the following questions no later than March 24:

1. What is the current status of supplies in the Strategic National Stockpile (SNS) that may be used in the COVID-19 response? Please include data on which, and the number of, pharmaceuticals, personal protective equipment, and any other medical supplies currently in the SNS that may be utilized in the response.
2. What is the current nationwide status of supplies and equipment available to test for and treat COVID-19 and what is the quantity of supplies and equipment the administration has determined is necessary to fully provide states, local, and tribal organizations with what they need throughout the length of the pandemic? Please include the quantity of personal protective equipment (including N95 Respirators and Surgical Masks, gloves, gowns, face shields, eye protection), testing supplies (including reagents and swabs), and ventilators that is currently available and the quantity needed throughout the length of the pandemic.
3. What is the current total nationwide COVID-19 diagnostic testing capacity for public health, commercial, and academic laboratories per day? What is your plan to increase testing capacity? When will testing capacity be sufficient to be fully responsive to the current outbreak?
4. What is your plan to mobilize the private industry to manufacture supplies and equipment under the DPA and what is your timeline on invoking that power?
5. What is your plan for using the MEP network to identify manufacturers with excess or idle production capacity? What are your plans for organizing MEP (Hollings Manufacturing Extension Partnership) and National Institute of Standards and Technology expertise and resources to optimize production?

The letter is available HERE and below.

March 21, 2020

Dear President Trump and Vice President Pence:

We appreciate the work that has been done so far to ensure that the states, local governments, and tribal organizations we represent in the United State Senate get the supplies and equipment they need to respond to and prepare for the Coronavirus Disease 2019 (COVID-19). On February 28, 2020, the first patient in the United States died due to COVID-19, and since then many more have died and thousands have tested positive for the virus. More widespread testing will hopefully provide a clearer picture of the true prevalence.

State, local, territorial, and tribal public health agencies are leading the response to the pandemic. These departments know their communities well and are making the best decisions they can to keep their citizens safe. However, our constituents working as health care providers and front line responders in hospitals, public health departments, and throughout their communities report the health care system is woefully under-resourced, especially in our rural, underserved areas and minority communities that are often overlooked. This problem is most acute with shortages of supplies and equipment that are desperately needed to test for and treat COVID-19 patients.

On the morning of March 16, 2020, President Trump told the nation’s governors on a phone call to get supplies themselves. Specifically, the President said, “respirators, ventilators, all of the equipment — try getting it yourselves. We will be backing you, but try getting it yourselves. Point of sales, much better, much more direct if you can get it yourself.”

Given the scale of the threat that COVID-19 poses to public health, responding to the outbreak is placing substantial strain on state, local, territorial, and tribal public health agencies’ already-limited resources. Furthermore, states and health care facilities who are trying to do as the President says and “get it yourself,” find that the supply simply is not available. We urge you to be proactive and utilize the powers that you invoked on March 18, 2020, under the Defense Production Act (DPA) to mobilize private industry to manufacture the supplies and equipment needed to address this crisis.

Additionally, the Hollings Manufacturing Extension Partnership (MEP) centers in every state and Puerto Rico represent an existing, high-quality network connecting small and medium manufacturers with technical experts to develop strategies for innovation, optimizing supply chains, and improving efficiency and productivity. Given that efficiency, productivity, and supply chain management are critical for rapidly manufacturing much-needed medical equipment, we urge that you utilize the capabilities and connections of the MEP network to expedite the search for excess manufacturing capacity.

We urge you to within 3 days, provide the members of the United States Senate and House of Representatives the answers to the following questions in a manner that does not compromise national security:

1. What is the current status of supplies in the Strategic National Stockpile (SNS) that may be used in the COVID-19 response? Please include data on which, and the number of, pharmaceuticals, personal protective equipment, and any other medical supplies currently in the SNS that may be utilized in the response.
2. What is the current nationwide status of supplies and equipment available to test for and treat COVID-19 and what is the quantity of supplies and equipment the administration has determined is necessary to fully provide states, local, and tribal organizations with what they need throughout the length of the pandemic? Please include the quantity of personal protective equipment (including N95 Respirators and Surgical Masks, gloves, gowns, face shields, eye protection), testing supplies (including reagents and swabs), and ventilators that is currently available and the quantity needed throughout the length of the pandemic.
3. What is the current total nationwide COVID-19 diagnostic testing capacity for public health, commercial, and academic laboratories per day? What is your plan to increase testing capacity? When will testing capacity be sufficient to be fully responsive to the current outbreak?
4. What is your plan to mobilize the private industry to manufacture supplies and equipment under the DPA and what is your timeline on invoking that power?
5. What is your plan for using the MEP network to identify manufacturers with excess or idle production capacity? What are your plans for organizing MEP and National Institute of Standards and Technology expertise and resources to optimize production?

While Congress has provided supplemental funding for state, local, territorial, and tribal public health agencies, the need for additional support across the nation remains high. The large magnitude of this crisis requires an even larger response from our national leaders. Americans depend on this. We look forward to your prompt response.

Sincerely, 

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to U.S. Department of Health and Human Services (HHS) Secretary Alex Azar, urging the agency to issue clear guidance for child care providers to determine whether these centers should remain open amid the nationwide COVID-19 outbreak. School closures across the country have increased demand for child care services, yet these providers are left to make their own decisions about whether and how to stay open due to the federal government’s lack of clear guidance.

“As the novel coronavirus (COVID-19) continues to spread, we write on the topic of K-12 school closures and the lack of sufficient guidance for child care operations. We are concerned that there has not been an official guidance for child care operators to determine whether these centers should remain open, leaving administrators and parents without direction for how to best protect the safety of children and limit the spread of the virus,” wrote the Senators in their letter to Secretary Azar.

In Virginia, the Governor has ordered K-12 schools to close for a minimum of two weeks in an effort to mitigate the spread of the coronavirus. Similarly, states across the country have also ordered the closure of their schools to curb the spread of the virus. With millions of children out of school, child care providers are implementing policies in disparate ways and, in many cases, struggling to heed the social distancing guidance issued by the Centers for Disease Control and Prevention (CDC). Earlier this week, Virginia ordered child care facilities to follow federal guidelines, which includes limiting total classroom size to ten individuals.

“This increased demand on child care centers contradicts guidance from the Centers for Disease Control and Prevention (CDC), which announced a federal guidance limiting gatherings of ten people or more. As the National Institutes of Health (NIH) Director Anthony Fauci said during a White House briefing on Monday afternoon, ‘There is no social distancing in child care. It’s impossible.’ As you well know, guidelines on social-distancing that may be feasible in schools, work places, and public areas may not be feasible in child care centers,” continued the Senators.  

In their letter, the Senators commended Virginia for providing clear guidance for child care centers and urged that the federal government follow that lead and provide guidance for child care centers nationwide in an effort to protect the health and safety of the children they serve and the staff who care for them.

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

Dear Secretary Azar: 

As the novel coronavirus (COVID-19) continues to spread, we write on the topic of K-12 school closures and the lack of sufficient guidance for child care operations. We are concerned that there has not been an official guidance for child care operators to determine whether these centers should remain open, leaving administrators and parents without direction for how to best protect the safety of children and limit the spread of the virus.

As you well know, several states have ordered K-12 schools to close in recent days. On March 13, 2020, all K-12 schools in Virginia closed for a minimum of two weeks in response to the continued spread of the novel coronavirus. School closures in Virginia and across the country mean that millions of children are no longer under the supervision of teachers and school administrators each day. We have heard widespread confusion from child care operators about whether they should remain open to care for this population, with no guidance from the federal government.   

Despite a lack of guidance, many day care centers have opted to remain open because of increased need for child care services during the coronavirus outbreak, since many parents are unable to stay at home with their children who are no longer at school. 

This increased demand on child care centers contradicts guidance from the Centers for Disease Control and Prevention (CDC), which announced a federal guidance limiting gatherings of ten people or more. As the National Institutes of Health (NIH) Director Anthony Fauci said during a White House briefing on Monday afternoon, “There is no social distancing in child care. It’s impossible.” As you well know, guidelines on social-distancing that may be feasible in schools, work places, and public areas may not be feasible in child care centers. 

On March 18, 2020, the Virginia Department of Health (VDH) announced that it would issue guidance for child care services in Virginia. This guidance informs child care centers on how to best protect the health and safety of the children they serve. We encourage the Administration to follow Virginia’s example and issue guidance for child care countries across the nation to follow.

We recognize that the CDC has posted resources and minimal guidance on its website. While these guidelines mention child care centers periodically, they do not specifically mention guidelines child care centers should take. This non-comprehensive and contradictory guidance from the Administration are not only causing frustration, but may cause an unintentional spread of the virus. Therefore, we request that your Department issue guidance clarifying the following questions:

• What guidelines should child care centers follow in determining the need for closures?
• Are there particular variables that child care centers serving families of health care providers and first responders should take into account as they weigh the decision of whether or not to close?
• What mitigation measures must child care centers implement in order to limit the spread of the virus among the children they serve and the staff who care for them?
• What information can you provide regarding the safety of child care centers during this outbreak?

It is our hope that you continue to issue additional guidance to diminish confusion surrounding this issue. Furthermore, we encourage you to consider the broader implications of such confusion on Americans’ health and safety. We urge you to proactively issue guidance in this already unsettling time. 

Thank you in advance for your attention to this matter. We look forward to your response on the issue.

Sincerely,

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (D-VA) urged the body that regulates public utilities including electricity, natural gas and water in Virginia to promptly issue an order suspending the charging of late fees through the duration of Virginia’s state of emergency due to the novel coronavirus (COVID-19) outbreak.

In a letter to the Virginia State Corporation Commission, the Senators wrote, “First, we want to applaud the Commission for its recent order directing regulated electric, natural gas, and water companies in Virginia to suspend service disconnections due to non-payment for at least 60 days in response to the COVID-19 outbreak. The temporary suspension of service disconnections is necessary to minimize adverse impacts on Virginians and public health. The continued service of public utilities – including electricity, water, and natural gas – is essential to protect the health and well-being of Virginians and prevent the spread of COVID-19.”

The Senators encouraged the Commission to enact additional measures to protect vulnerable Virginians during this public health emergency, specifically by suspending late fees for the duration of the crisis.

“While the suspension of service disconnections will ensure the continued service of essential public utilities for Virginians, the unprecedented scope of this public health crisis requires additional measures to ease the burden on Virginians. One such measure should be a temporary suspension of late payment charges by public utilities,” advised the Senators. “As this public health emergency intensifies, thousands of Virginians will likely be furloughed or have their work hours substantially reduced. This will put an enormous strain on countless families in the Commonwealth to make ends meet. Suspending late fees during this state of emergency would help ease the burden on the most vulnerable Virginians during this tumultuous time, if only slightly.”

A copy of the letter is found here and below.

Mark C. Christie

Chairman

The Commonwealth of Virginia State Corporation Commission

P.O. Box 1157

Richmond, VA 23218

Judith Williams Jagdmann

Commissioner

The Commonwealth of Virginia State Corporation Commission

P.O. Box 1157

Richmond, VA 23218

Dear Commissioners:

We write today concerning the ongoing public health emergency in the Commonwealth of Virginia caused by the novel coronavirus (COVID-19) and the Virginia State Corporation Commission’s (SCC) role in regulating public utilities during this state of emergency. Due to this ongoing health crisis, we respectfully request that the Commission promptly issue an order suspending the ability of any public utility in Virginia to charge late fees through the duration of Virginia’s state of emergency.

First, we want to applaud the Commission for its recent order directing regulated electric, natural gas, and water companies in Virginia to suspend service disconnections due to non-payment for at least 60 days in response to the COVID-19 outbreak. The temporary suspension of service disconnections is necessary to minimize adverse impacts on Virginians and public health. The continued service of public utilities – including electricity, water, and natural gas – is essential to protect the health and well-being of Virginians and prevent the spread of COVID-19.

While the suspension of service disconnections will ensure the continued service of essential public utilities for Virginians, the unprecedented scope of this public health crisis requires additional measures to ease the burden on Virginians. One such measure should be a temporary suspension of late payment charges by public utilities. As this public health emergency intensifies, thousands of Virginians will likely be furloughed or have their work hours substantially reduced. This will put an enormous strain on countless families in the Commonwealth to make ends meet. Suspending late fees during this state of emergency would help ease the burden on the most vulnerable Virginians during this tumultuous time, if only slightly. 

Again, we want to thank the Commission for its recent order directing public utilities to suspend service disconnections due to non-payment during this public health emergency. We also want to thank you in advance for your consideration of this request, and we look forward to working with you and other stakeholders to ensure the health and well-being of all Virginians moving forward. 

Sincerely,

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U.S. Sen. Mark R. Warner (D-VA) and lawmakers from across the National Capital Region have written to President Donald Trump urging that that the region be prioritized for early locations of federally-supported COVID-19 testing sites. The joint letter reinforces the regional cooperation shown by Governors Larry Hogan and Ralph Northam and Mayor Muriel Bowser asking for federal testing.

“[T]he National Capital Region is home to over six million residents and the seat of the federal government, with hundreds of thousands of military and civilian employees serving the Departments of Homeland Security, Health and Human Services, Defense, and other mission critical agencies.  The health and safety of this region – which includes employees who commute, work, and live in the District of Columbia, Maryland, and Virginia – must remain a top priority for continuity of operations for our democratic government in carrying out critical functions of the federal government for the entire United States,” the lawmakers wrote.

In addition to Sen. Warner , the letter was signed by U.S. Sens. Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), and Tim Kaine (D-Va.), as well as U.S. Representatives Eleanor Holmes Norton (D-D.C.), Steny H. Hoyer (D-Md.-5), John P. Sarbanes (D-Md.-3), Anthony G. Brown (D-Md.-4), Jamie Raskin (D-Md.-8), David Trone (D-Md.-6), Gerald E. Connolly (D-Va.-11), Donald S. Beyer, Jr. (D-Va.-8), and Jennifer Wexton (D-Va.-10).

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

Dear President Trump:

We write in support of the March 15, 2020 request by District of Columbia Mayor Bowser, Maryland Governor Larry Hogan, and Virginia Governor Ralph Northam to add the National Capital Region to the priority locations for federally-supported COVID-19 testing sites.

As noted in the letter, the National Capital Region is home to over six million residents and the seat of the federal government, with hundreds of thousands of military and civilian employees serving the Departments of Homeland Security, Health and Human Services, Defense, and other mission critical agencies.  The health and safety of this region – which includes employees who commute, work, and live in the District of Columbia, Maryland, and Virginia – must remain a top priority for continuity of operations for our democratic government in carrying out critical functions of the federal government for the entire United States.

When standing up the Department of Homeland Security, Congress specifically established the Office of National Capital Region Coordination (ONCRC) in response to the unique coordination challenges facing the National Capital Region (NCR) due to the region’s large federal presence, including all three branches of government; the intersection of Maryland, Virginia, and the District of Columbia; and a number of other unique complexities.  The ONCRC closely coordinates with the Metropolitan Washington Council of Governments (MWCOG).  The region is already working closely together on the COVID-19 response, including coordinating with HHS and FEMA regional leadership.

We are pleased that our jurisdiction’s health departments and state emergency management agencies continue to work together across borders to identity proposed drive-through testing sites that we would stand up with federal support.  Therefore, the region is well-positioned to make the best possible use of federal support for this testing, and each of our jurisdictions have pledged to commit to host a drive-through testing site.

Thank you for considering this urgent request.  We request an immediate response.

Sincerely,

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WASHINGTON – Today, following passage of a bipartisan coronavirus economic relief package (H.R. 6201, the Families First Coronavirus Response Act), U.S. Sen. Mark R. Warner (D-VA), a former Governor of Virginia, led a letter signed by Sens. Cory Booker (D-NJ), Michael Bennet (D-CO), Ron Wyden (D-OR) and Gary Peters (D-MI), urging state governors and workforce administrators to implement its provisions easing restrictions on emergency unemployment benefits.

In a letter sent to the governors and heads of state workforce agencies for all 50 states, the Senators wrote, “Given the unique nature of the pandemic we are facing, we encourage you to take advantage of recently enacted federal legislation that increases resources for states to deliver timely unemployment insurance benefits to affected workers. The legislation should make it easier for workers to access unemployment benefits by waiving waiting weeks and work search requirements, as well as experience ratings for employers. Given these unavoidable circumstances, employers should not be penalized for encouraging their workers to receive unemployment compensation and workers should be able to access compensation immediately, particularly when other work opportunities may not be available.”

The Senators continued, “We are also especially concerned about the hardships facing workers who do not meet the eligibility requirements for unemployment benefits, including so-called “gig workers” or other non-traditional workers that generally receive 1099 income as either a primary or secondary source of earnings. Many of these workers are not eligible for unemployment insurance, paid leave, sick leave, and other benefits that traditional, full-time workers typically receive from their employers, as well as workers who earn a large share of their incomes from tips. We continue to push for passage of Senator Wyden and Senator Peters’ Pandemic Unemployment Assistance Act, which is modeled on the Disaster Unemployment Assistance (DUA) program, and would ensure that gig workers and contractors are covered. However, given the severity of the crisis, we ask you to do whatever is possible to extend support to workers who do not fit into the usual framework of unemployment compensation. It is critical that there be no delay in using your existing authorities to support these workers to the greatest extent possible. ” 

The coronavirus economic relief legislation the Senate sent to the President’s desk today provides $1 billion in additional funding to state unemployment insurance programs. It also waives certain restrictions, including work search requirements and waiting periods for Americans who are either diagnosed with COVID-19 or who have lost their jobs due to the spread of the virus.

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.

March 18, 2020

Governors and State Workforce Administrators:

We write today to thank you for your efforts to support workers during the unprecedented situation due to the spread of Coronavirus (COVID-19). As we continue our efforts to provide federal assistance during these challenging times, we want to encourage you to do whatever is within your existing authorities to support workers facing hardship due to lost hours or jobs, sickness, family caretaking responsibilities, and other COVID-19-related circumstances.

Given the unique nature of the pandemic we are facing, we encourage you to take advantage of recently enacted federal legislation that increases resources for states to deliver timely unemployment insurance benefits to affected workers. The legislation should make it easier for workers to access unemployment benefits by waiving waiting weeks and work search requirements, as well as experience ratings for employers. Given these unavoidable circumstances, employers should not be penalized for encouraging their workers to receive unemployment compensation and workers should be able to access compensation immediately, particularly when other work opportunities may not be available. This is not only a matter of economic security but one of public health, as workers who cannot access unemployment benefits are likely to try and find work even when the costs to public health may be severe.

We are also especially concerned about the hardships facing workers who do not meet the eligibility requirements for unemployment benefits, including so-called “gig workers” or other non-traditional workers that generally receive 1099 income as either a primary or secondary source of earnings. Many of these workers are not eligible for unemployment insurance, paid leave, sick leave, and other benefits that traditional, full-time workers typically receive from their employers, as well as workers who earn a large share of their incomes from tips. We continue to push for passage of Senator Wyden and Senator Peters’ Pandemic Unemployment Assistance Act, which is modeled on the Disaster Unemployment Assistance (DUA) program, and would ensure that gig workers and contractors are covered. However, given the severity of the crisis, we ask you to do whatever is possible to extend support to workers who do not fit into the usual framework of unemployment compensation. It is critical that there be no delay in using your existing authorities to support these workers to the greatest extent possible.

An effective response to COVID-19 will require a collaborative effort at the federal, state, and local levels of government and we stand ready to assist you in carrying out these critical efforts to protect public health while supporting workers through the economic shocks of the pandemic.

Sincerely,

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