Press Releases
WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sent a letter to the Federal Emergency Management Agency (FEMA) to coordinate with the U.S. Department of Agriculture (USDA) and U.S. Department of the Interior (DOI) to enable thousands of federal civil servants, who have experience with rapid emergency response, to assist rural communities that are increasingly overwhelmed by the challenge of responding to the COVID-19 outbreak.
Of Virginia’s 67 confirmed cases, there are growing outbreaks in rural areas including James City County, Farmville, and Hanover. In their letter, the Senators underscore that the USDA and DOI have the relevant experience to best meet the challenges rural communities in Virginia face.
“We write to request your immediate assistance in mobilizing your agencies to offer coordinated support for rural counties, municipalities, and tribal communities as they respond to Coronavirus Disease 2019 (COVID-19),” wrote the Senators in their letter to FEMA Administrator Pete Gaynor, USDA Secretary Sonny Perdue, and DOI Secretary David Bernhardt. “Rural communities are working to set up local emergency operation centers to help manage their response, but face challenges with limited staff capacity. Across many of our states, rural counties are experiencing outbreaks and some communities are already overwhelmed with the challenge.”
Federal civil servants across the country at agencies like the U.S. Forest Service and the Bureau of Land Management are located in rural communities and uniquely qualified in emergency management. Many are Incident Command System qualified, have experience mobilizing resources, and coordinating communication and information flow to respond to and contain crises like forest fires. This expertise would bolster the response to coronavirus outbreaks in rural communities across the country.
“We believe these federal professionals are well suited to partner with rural counties and municipalities to enhance staff capacity and support communities facing this public health crisis,” continued the Senators. “Therefore, in light of the national emergency declaration, we urge you to take immediate steps to ensure your agencies are working together to make your respective staff and resources available and able to assist with emergency response to COVID-19 across the country.”
In addition to Sen. Warner, the letter was led by Sen. Michel Bennet (D-CO) and signed by Sens. Cory Gardner (R-CO), Senate Agriculture, Nutrition, & Forestry Committee Ranking Member Debbie Stabenow (D-MI), Steve Daines (R-MT), Senate Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-MI), Senate Indian Affairs Committee Ranking Member Tom Udall (D-NM), Tammy Baldwin (D-WI), Bernie Sanders (I-VT), Kyrsten Sinema (D-AZ), Kamala Harris (D-CA), Martin Heinrich (D-NM), Chris Van Hollen (D-MD), Bob Casey Jr. (D-PA), Doug Jones (D-Al), Amy Klobuchar (D-MN), Jeffery Merkley (D-OR), Ron Wyden (D-OR), Catherine Cortez Masto (D-NV), Tom Carper (D-DE), Tina Smith (D-MN), Ben Cardin (D-MD), Elizabeth Warren (D-MA), and Jon Tester (D-MT).
A copy of the letter is found here and below.
Dear Administrator Gaynor, Secretary Perdue, and Secretary Bernhardt:
We write to request your immediate assistance in mobilizing your agencies to offer coordinated support for rural counties, municipalities, and tribal communities as they respond to Coronavirus Disease 2019 (COVID-19).
Rural communities are working to set up local emergency operation centers to help manage their response, but face challenges with limited staff capacity. Across many of our states, rural counties are experiencing outbreaks and some communities are already overwhelmed with the challenge.
Throughout rural America, the Department of the Interior and the Department of Agriculture employ thousands of federal civil servants who have the relevant experience to assist with emergency response. For example, the U.S. Forest Service and Bureau of Land Management employ thousands of staff across the country who are Incident Command System qualified and have experience rapidly responding to forest fires, mobilizing critical resources, and managing information flow in times of crisis. With this expertise available, it is crucial that the Federal Emergency Management Agency provide the authorities necessary and work with both agencies to deliver effective, coordinated assistance to rural communities.
We believe these federal professionals are well suited to partner with rural counties and municipalities to enhance staff capacity and support communities facing this public health crisis. Therefore, in light of the national emergency declaration, we urge you to take immediate steps to ensure your agencies are working together to make your respective staff and resources available and able to assist with emergency response to COVID-19 across the country.
Thank you for considering this request.
Sincerely,
###
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance and Banking Committees and a former business executive, released the following statement on a coronavirus response plan to support American workers amid the economic fallout from the novel coronavirus (COVID-19):
“The novel coronavirus and the steps that are necessary to protect public health will have far-reaching and severe human consequences. Workers who cannot continue to earn a paycheck during the crisis will face enormous hardship. Furthermore, consumer spending is responsible for almost 70 percent of overall economic activity. The dramatic drop in spending we’ve seen in recent days will further devastate our economy. While we take the necessary steps required to protect public health, we cannot ignore their impact on our neighbors, businesses and communities. We must take bipartisan action immediately.
“We’ve already taken steps to secure better medical care and testing, and I’m working hard to provide more robust assistance for workers regarding paid family and sick leave, and expanded UI benefits – especially for gig workers and independent contractors.
“But these efforts alone aren’t enough. Much more needs to be done – and done quickly – in order to stave off the worst effects of a deepening economic recession. We have to get cash flow back to our small and mid-sized businesses so that they can remain open, retain their employees, and survive through this public health emergency. Nearly 18 million people are employed in industries whose revenues are severely curtailed and are vulnerable to layoffs. Many businesses, particularly small and mid-sized firms, are running down their cash and credit lines. As we see more areas enforce tighter social distancing restrictions, this problem is only set to get worse.
“I am proposing that we immediately set up a small and mid-sized business liquidity facility, jointly run by the Treasury Department and Federal Reserve, to provide companies affected by the virus with federally-guaranteed loans at low rates throughout the crisis. The loans would be delivered through local financial institutions and backed by up to $1T in federal financing. A few important elements of this proposal include:
· Simple terms and underwriting requirements in order to quickly deliver cash flow to these businesses;
· Protections to ensure that any company taking a loan is required to retain a large portion of its workforce; and
· Some specific mechanism to avoid any moral hazard and hold financial institutions accountable.
“If we do not take action immediately, thousands of American businesses and millions of their employees are at enormous risk. I look forward to working with my colleagues in the coming days to provide them the assistance they need to weather the current crisis.”
###
Warner, Blumenthal Raise Alarm about Google Ads that Continue to Monetize COVID-19 Fears
Mar 17 2020
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. Senator Chris Van Hollen (D-Md.) as well as Senators Ben Cardin (D-Md.), Mark Warner (D-Va.) and Tim Kaine (D-Va.) sent a letter to the financial regulators asking them to take action to mitigate the adverse impacts of the coronavirus on workers in the hospitality and tourism industry. The letter was sent to Jerome Powell, Chairman of the Federal Reserve; Joseph Otting, Comptroller of the Currency; Jelena McWilliams, Chair of the Federal Deposit Insurance Corporation; Mark McWatters, Chairman of the National Credit Union Administration; and John Ryan, President and CEO of the Conference of State Bank Supervisors.
The Senators write, “As Americans take necessary precautions to protect the well-being of their families, their workplaces and their communities from the novel coronavirus (COVID-19), the economic fallout on workers and businesses is becoming increasingly severe. Given the recent guidance and bans on travel, the millions of workers who serve in sectors like hospitality, travel, special events, and tourism are particularly hard hit. To that end, we urge you to take all actions within your power to ensure that workers do not lose their jobs or wages as a result of this public health crisis while also using your authority to maintain the safety and soundness of our banking system.”
They note, “This is of particular concern to our regional economy, which relies heavily on tourism and business travel, especially during this time of year. To put this into context, the Maryland Department of Commerce estimates that in 2018 alone, visitor spending contributed $18.1 billion to Maryland’s economy. Virginia’s tourism industry generated $26 billion in visitor spending in 2018. And, in 2018 the District of Colombia saw tourists spend $7.8 billion.”
They continue, “We appreciate your recent joint agency statement to encourage financial institutions to meet the needs of customers and members affected by the novel coronavirus/COVID-19 outbreak. We encourage you to apply similar guidance for businesses in the travel, hospitality, and tourism sectors so they can continue to pay their employees and provide them with full pay and benefits, including paid sick leave, during the ongoing coronavirus health crisis. Enacting this guidance would help employees, lenders, and businesses alike – lenders would not have to write-off loans, businesses could continue paying their employees, and employees would continue receiving paychecks.”
They close the letter noting a variety of options available to the regulators, including:
- Providing loan workouts to modify or restructure loans to avoid foreclosure
- Allowing borrowers to defer payments without penalty, provided that the businesses use the deferral for employee-related expenses
- Allowing borrowers to defer the principal portion of the monthly payment and make an interest-only payment.
- Allowing borrowers to refinance without fees.
- These measures could not be used in any way for owner distributions.
The full text of the letter is available below.
Dear Chairman Powell, Comptroller Otting, Chair McWilliams, Chairman McWatters, and Mr. Ryan:
As Americans take necessary precautions to protect the well-being of their families, their workplaces and their communities from the novel coronavirus (COVID-19), the economic fallout on workers and businesses is becoming increasingly severe. Given the recent guidance and bans on travel, the millions of workers who serve in sectors like hospitality, travel, special events, and tourism are particularly hard hit. To that end, we urge you to take all actions within your power to ensure that workers do not lose their jobs or wages as a result of this public health crisis while also using your authority to maintain the safety and soundness of our banking system.
While the first priority for our response has rightly focused on detection and medical care, we are also developing a legislative response to the harmful economic impacts this pandemic is having on working families. Last week, Congress passed the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020, which includes provisions to help small businesses, and Congress is currently considering additional measures.
With conferences and other public events canceled, travel discouraged, and consumers staying home, the hospitality and tourism industries are among the sectors that have been particularly hard hit, and workers in these industries are at greater risk of losing their jobs and/or wages.
Federal data shows that travel and tourism accounted for 5.9 million U.S. jobs in 2018, including positions in lodging, dining and transportation. In 2017 alone, business events in North America generated $221.6 billion in direct GDP, representing 35.7% of global business events GDP. Consequently, the damaging economic impact on this sector and its workforce will reverberate throughout the economy.
This is of particular concern to our regional economy, which relies heavily on tourism and business travel, especially during this time of year. To put this into context, the Maryland Department of Commerce estimates that in 2018 alone, visitor spending contributed $18.1 billion to Maryland’s economy. Virginia’s tourism industry generated $26 billion in visitor spending in 2018. And, in 2018 the District of Colombia saw tourists spend $7.8 billion.
We appreciate your recent joint agency statement to encourage financial institutions to meet the needs of customers and members affected by the novel coronavirus/COVID-19 outbreak. We encourage you to apply similar guidance for businesses in the travel, hospitality, and tourism sectors so they can continue to pay their employees and provide them with full pay and benefits, including paid sick leave, during the ongoing coronavirus health crisis. Enacting this guidance would help employees, lenders, and businesses alike – lenders would not have to write-off loans, businesses could continue paying their employees, and employees would continue receiving paychecks.
For businesses that have been in good standing with their financial institution prior to the crisis and that commit to retaining employees and providing them with full pay and benefits, including paid sick leave, we encourage you to implement the appropriate mix of the following options:
- Providing loan workouts to modify or restructure loans to avoid foreclosure
- Allowing borrowers to defer payments without penalty, provided that the businesses use the deferral for employee-related expenses
- Allowing borrowers to defer the principal portion of the monthly payment and make an interest-only payment.
- Allowing borrowers to refinance without fees.
- These measures could not be used in any way for owner distributions.
As we continue to see impacts of coronavirus, we urge you to take proactive measures to ensure the long-term health of these hard hit sectors and their employees. Thank you for your attention to this important issue.
###
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) applauded announcements today by several major internet service providers that they adopt practices that will better accommodate the use of remote technologies that students, workers and public health officials will rely upon during the coronavirus (COVID-19) outbreak. On Thursday, Sen. Warner led 17 Senators in writing to the nation’s eight largest providers, calling on them to suspend data caps and overage fees that could present a barrier to telepresence services, and urging 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 school closures caused by the outbreak. The letter also encouraged the companies to take proactive steps to provide under- and unserved households with broadband access, including through access to broadband hotspots.
“The coronavirus outbreak is already creating an unprecedented need for teleworking, telehealth and online education technology,” Sen. Warner said today. “I’m glad to see certain companies quickly responding to our letter and putting a pause on restrictive caps, fees and other policies that could interfere with online access during this critical time. I’m also pleased to see companies committing to expanding broadband access for students who may not have it so that their educations are not completely disrupted during school closures. I call on those internet providers that have not taken similar steps to do so immediately, in order to assist their fellow Americans during this time of great national strain.”
Since receiving the Senator’s letter, AT&T, Charter, CenturyLink, Comcast, T-Mobile, Verizon, Sprint and Cox, among others, have each announced a variety of new policies to help ensure Americans have reliable access to online services during the outbreak of COVID-19, such as service upgrades, fee waivers, free access to Wi-Fi hotspots, more affordable plans, free support services, and more. AT&T, CenturyLink and Comcast announced they would temporarily suspend data caps, along with other service changes. In response to the letter, Charter (which emphasized that its plans do not have data caps) announced that it would provide 60 days of free broadband to households with K-12 or college students currently without service – and, drawing from the letter’s recommendations, pledged to work with school districts to make eligible households aware of the offer. T-Mobile announced that it would provide unlimited smartphone data to all current subscribers and increase the data allowance to schools and students using their digital learning programs. Cox announced that it would changes to its Connect2Compete plan for low-cost broadband, including increasing speeds and providing one month of free service to new customers. Sprint announced it would provide all its subscribers with unlimited data for 60 days, along with other billing and service changes to cushion the impact of COVID-19. Verizon (whose wireline operations do not include caps) announced it would increase capacity and accelerate network investments, among other billing and service changes.
A list of Sen. Warner’s work to protect and support Virginians during the coronavirus outbreak is available here.
###
WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) applauded announcements today by several major internet service providers that they adopt practices that will better accommodate the use of remote technologies that students, workers and public health officials will rely upon during the coronavirus (COVID-19) outbreak. On Thursday, Sen. Warner led 17 Senators in writing to the nation’s eight largest providers, calling on them to suspend data caps and overage fees that could present a barrier to telepresence services, and urging 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 school closures caused by the outbreak. The letter also encouraged the companies to take proactive steps to provide under- and unserved households with broadband access, including through access to broadband hotspots.
“The coronavirus outbreak is already creating an unprecedented need for teleworking, telehealth and online education technology,” Sen. Warner said today. “I’m glad to see certain companies quickly responding to our letter and putting a pause on restrictive caps, fees and other policies that could interfere with online access during this critical time. I’m also pleased to see companies committing to expanding broadband access for students who may not have it so that their educations are not completely disrupted during school closures. I call on those internet providers that have not taken similar steps to do so immediately, in order to assist their fellow Americans during this time of great national strain.”
Since receiving the Senator’s letter, AT&T, Charter, CenturyLink, Comcast, T-Mobile, Verizon, Sprint and Cox, among others, have each announced a variety of new policies to help ensure Americans have reliable access to online services during the outbreak of COVID-19, such as service upgrades, fee waivers, free access to Wi-Fi hotspots, more affordable plans, free support services, and more. AT&T, CenturyLink and Comcast announced they would temporarily suspend data caps, along with other service changes. In response to the letter, Charter (which emphasized that its plans do not have data caps) announced that it would provide 60 days of free broadband to households with K-12 or college students currently without service – and, drawing from the letter’s recommendations, pledged to work with school districts to make eligible households aware of the offer. T-Mobile announced that it would provide unlimited smartphone data to all current subscribers and increase the data allowance to schools and students using their digital learning programs. Cox announced that it would changes to its Connect2Compete plan for low-cost broadband, including increasing speeds and providing one month of free service to new customers. Sprint announced it would provide all its subscribers with unlimited data for 60 days, along with other billing and service changes to cushion the impact of COVID-19. Verizon (whose wireline operations do not include caps) announced it would increase capacity and accelerate network investments, among other billing and service changes.
A list of Sen. Warner’s work to protect and support Virginians during the coronavirus outbreak is available here.
###
Warner Leads Bicameral Letter in Support of George Washington Memorial Parkway Rehabilitation Project
Mar 13 2020
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. Senator Chris Van Hollen (D-Md.) as well as Senators Ben Cardin (D-Md.), Mark Warner (D-Va.) and Tim Kaine (D-Va.) sent a letter to the financial regulators asking them to take action to mitigate the adverse impacts of the coronavirus on workers in the hospitality and tourism industry. The letter was sent to Jerome Powell, Chairman of the Federal Reserve; Joseph Otting, Comptroller of the Currency; Jelena McWilliams, Chair of the Federal Deposit Insurance Corporation; Mark McWatters, Chairman of the National Credit Union Administration; and John Ryan, President and CEO of the Conference of State Bank Supervisors.
The Senators write, “As Americans take necessary precautions to protect the well-being of their families, their workplaces and their communities from the novel coronavirus (COVID-19), the economic fallout on workers and businesses is becoming increasingly severe. Given the recent guidance and bans on travel, the millions of workers who serve in sectors like hospitality, travel, special events, and tourism are particularly hard hit. To that end, we urge you to take all actions within your power to ensure that workers do not lose their jobs or wages as a result of this public health crisis while also using your authority to maintain the safety and soundness of our banking system.”
They note, “This is of particular concern to our regional economy, which relies heavily on tourism and business travel, especially during this time of year. To put this into context, the Maryland Department of Commerce estimates that in 2018 alone, visitor spending contributed $18.1 billion to Maryland’s economy. Virginia’s tourism industry generated $26 billion in visitor spending in 2018. And, in 2018 the District of Colombia saw tourists spend $7.8 billion.”
They continue, “We appreciate your recent joint agency statement to encourage financial institutions to meet the needs of customers and members affected by the novel coronavirus/COVID-19 outbreak. We encourage you to apply similar guidance for businesses in the travel, hospitality, and tourism sectors so they can continue to pay their employees and provide them with full pay and benefits, including paid sick leave, during the ongoing coronavirus health crisis. Enacting this guidance would help employees, lenders, and businesses alike – lenders would not have to write-off loans, businesses could continue paying their employees, and employees would continue receiving paychecks.”
They close the letter noting a variety of options available to the regulators, including:
- Providing loan workouts to modify or restructure loans to avoid foreclosure
- Allowing borrowers to defer payments without penalty, provided that the businesses use the deferral for employee-related expenses
- Allowing borrowers to defer the principal portion of the monthly payment and make an interest-only payment.
- Allowing borrowers to refinance without fees.
- These measures could not be used in any way for owner distributions.
The full text of the letter is available below.
Dear Chairman Powell, Comptroller Otting, Chair McWilliams, Chairman McWatters, and Mr. Ryan:
As Americans take necessary precautions to protect the well-being of their families, their workplaces and their communities from the novel coronavirus (COVID-19), the economic fallout on workers and businesses is becoming increasingly severe. Given the recent guidance and bans on travel, the millions of workers who serve in sectors like hospitality, travel, special events, and tourism are particularly hard hit. To that end, we urge you to take all actions within your power to ensure that workers do not lose their jobs or wages as a result of this public health crisis while also using your authority to maintain the safety and soundness of our banking system.
While the first priority for our response has rightly focused on detection and medical care, we are also developing a legislative response to the harmful economic impacts this pandemic is having on working families. Last week, Congress passed the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020, which includes provisions to help small businesses, and Congress is currently considering additional measures.
With conferences and other public events canceled, travel discouraged, and consumers staying home, the hospitality and tourism industries are among the sectors that have been particularly hard hit, and workers in these industries are at greater risk of losing their jobs and/or wages.
Federal data shows that travel and tourism accounted for 5.9 million U.S. jobs in 2018, including positions in lodging, dining and transportation. In 2017 alone, business events in North America generated $221.6 billion in direct GDP, representing 35.7% of global business events GDP. Consequently, the damaging economic impact on this sector and its workforce will reverberate throughout the economy.
This is of particular concern to our regional economy, which relies heavily on tourism and business travel, especially during this time of year. To put this into context, the Maryland Department of Commerce estimates that in 2018 alone, visitor spending contributed $18.1 billion to Maryland’s economy. Virginia’s tourism industry generated $26 billion in visitor spending in 2018. And, in 2018 the District of Colombia saw tourists spend $7.8 billion.
We appreciate your recent joint agency statement to encourage financial institutions to meet the needs of customers and members affected by the novel coronavirus/COVID-19 outbreak. We encourage you to apply similar guidance for businesses in the travel, hospitality, and tourism sectors so they can continue to pay their employees and provide them with full pay and benefits, including paid sick leave, during the ongoing coronavirus health crisis. Enacting this guidance would help employees, lenders, and businesses alike – lenders would not have to write-off loans, businesses could continue paying their employees, and employees would continue receiving paychecks.
For businesses that have been in good standing with their financial institution prior to the crisis and that commit to retaining employees and providing them with full pay and benefits, including paid sick leave, we encourage you to implement the appropriate mix of the following options:
- Providing loan workouts to modify or restructure loans to avoid foreclosure
- Allowing borrowers to defer payments without penalty, provided that the businesses use the deferral for employee-related expenses
- Allowing borrowers to defer the principal portion of the monthly payment and make an interest-only payment.
- Allowing borrowers to refinance without fees.
- These measures could not be used in any way for owner distributions.
As we continue to see impacts of coronavirus, we urge you to take proactive measures to ensure the long-term health of these hard hit sectors and their employees. Thank you for your attention to this important issue.
###
Warner Expresses Concern with Violence, Harassment Against Asian Americans in Wake of Coronavirus Outbreak
Mar 13 2020
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, D.C.—Today, U.S. Senators Mark R. Warner and Tim Kaine joined their colleagues in introducing the Free COVID-19 Testing Act, legislation that would expand free tests to confirm coronavirus (COVID-19) infections.
The Free COVID-19 Testing Act would waive cost-sharing for COVID-19 diagnostic testing and related health care services for individuals enrolled in private health plans, Medicare, Medicare Advantage, Medicaid, CHIP, TRICARE, VA as well as for federal civilians, American Indians and Alaska Natives. Private insurers would be barred from imposing limits like prior authorization for testing. For uninsured individuals, this legislation would cover the cost of lab fees, and states would have the option and new incentives to cover COVID-19 diagnostic testing and related health care services through their Medicaid programs.
“Costs should never be a barrier to accessing potentially life-saving testing,” Warner and Kaine said. “This legislation ensures any Virginian can get tested without the fear of a medical bill they can’t afford. The Senate must immediately pass this critical legislationto help mitigate the spread of the coronavirus and protect public health.”
This legislation was led by Senators Tina Smith (D-Minn.), Gary Peters (D-Mich.), Democratic Minority Leader Chuck Schumer (D-N.Y.), Patty Murray (D-Wash.), and Ron Wyden (D-Ore.). In addition to Warner and Kaine, this legislation is also cosponsored bySens. Amy Klobuchar (D-Minn.), Bob Casey (D-Pa.), Doug Jones (D-Ala.), Sherrod Brown (D-Ohio), Tammy Duckworth (D-Ill.), Jon Tester (D-Mont.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Tammy Baldwin (D-Wis.), Jack Reed (D-R.I.), Chris Murphy (D-Conn.), Mazie Hirono (D-Hawaii), Brian Schatz (D-Hawaii), Debbie Stabenow (D-Mich.), Angus King (I-Maine), Chris Coons (D-Del.), Cory Booker (D-N.J.), Dianne Feinstein (D-Calif.), Kamala Harris (D-Calif.), Tom Udall (D-N.M.), Maggie Hassan (D-N.H.), Kirsten Gillibrand (D-N.Y.), Martin Heinrich (D-N.M.), Jeanne Shaheen (D-N.H.), Jacky Rosen (D-Nev.), Elizabeth Warren (D-Mass.), Tom Carper (D-Del.), Dick Durbin (D-Ill.), Chris Van Hollen (D-Md.), Ed Markey (D-Mass.), Richard Blumenthal (D-Conn.), Michael Bennet (D-Colo.), and Bob Menendez (D-N.J.).
You can access text of the bill here.
###
WASHINGTON, DC – Today, U.S. Senators Rob Portman (R-OH) and Mark Warner (D-VA) led a letter urging Secretary of State Mike Pompeo to continue to prioritize American leadership in talks about international standards for artificial intelligence, and to build an international coalition to preserve the integrity of international standards setting bodies. The letter responds to efforts by China, and technology companies closely aligned with the Chinese Communist Party, to utilize international standards setting bodies, such as the International Telecommunications Union (ITU), to advance and legitimize artificial intelligence-based technologies, such as facial recognition technologies, that have been used to oppress Uyghur Muslims. The United States must ensure that American values remain a part of the international conversation about artificial intelligence and facial recognition.
“We are writing to share our concerns regarding efforts by China, and technology companies closely aligned with the Chinese Communist Party, to utilize international standards setting bodies, such as the International Telecommunications Union (ITU), to internationalize standards for advanced surveillance technology. The evidence from Xinjiang Province of how artificial intelligence-based technologies, such as facial recognition technologies, are used to oppress Uyghur Muslims makes clear that standards setting bodies should not be used to advance or legitimize such practices. We urge you to continue to prioritize American leadership on this issue, and build an international coalition to preserve international standards setting bodies as technical economic fora,” wrote the senators.
Portman and Warner were joined in sending the letter by Senators Tom Cotton (R-AR), Richard Blumenthal (D-CT), Cory Gardner (D-CO), Chris Coons (D-DE), Steve Daines (R-MT), Chris Murphy (D-CT), Mike Braun (R-IN), Ed Markey (D-MA), John Cornyn (R-TX), Gary Peters (D-MI), Josh Hawley (R-MO), Jeanne Shaheen (D-NH), Marco Rubio (R-FL), Brian Schatz (D-HI), and Jacky Rosen (D-NV).
The full text of the letter to Secretary Pompeo can be found below and here.
Dear Secretary Pompeo,
Thank you for your efforts to draw attention to, and address, the ever growing number of concerns about totalitarian activities by the People’s Republic of China. We are writing to share our concerns regarding efforts by China, and technology companies closely aligned with the Chinese Communist Party, to utilize international standards setting bodies, such as the International Telecommunications Union (ITU), to internationalize standards for advanced surveillance technology. The evidence from Xinjiang Province of how artificial intelligence-based technologies, such as facial recognition technologies, are used to oppress Uyghur Muslims makes clear that standards setting bodies should not be used to advance or legitimize such practices. We urge you to continue to prioritize American leadership on this issue, and build an international coalition to preserve international standards setting bodies as technical economic fora.
International standards setting bodies are foundational to international trade and commerce. Without them, a litany of technical and logistical barriers to trade erected by different countries – with divergence on things as wide-ranging as food labeling, construction materials, and wireless communications standards – would balkanize our global economy. Thanks to American industry’s leadership, the United States has consistently set the bar for international standards setting. We believe it is vital for our economy, and foreign policy, to maintain that leadership.
Unfortunately, China has indicated a willingness to use standard setting bodies in perverse ways to normalize global opinions about Orwellian surveillance technology. By shaping the debate about the legitimate uses of artificial intelligence and facial recognition, China can expand opportunities for countries, particularly those in the developing world, to utilize Chinese surveillance technology. According to the Carnegie Endowment for International Peace, Chinese companies have supplied AI-based surveillance systems to 63 countries, including 36 of which are part of China’s Belt and Road Initiative.
With respect to the Uyghurs, China is using technology in ways never seen before. China use facial recognition to profile Uyghur individuals, classify them on the basis of their ethnicity, and single them out for tracking, mistreatment, and detention. The machine learning techniques used in Xinjiang Province, and throughout China, which are designed specifically, and intentionally, to classify people on the basis of physical traits harken back to troubling practices related to phrenology and eugenics. And these technologies are deployed in service of a dystopian vision for technology governance, that harnesses the economic benefits of the internet in the absence of political freedom and sees technology companies as instruments of state power.
As you know, China is currently working to use standards setting bodies to gain the imprimatur of international legitimacy and support across a range of emerging technologies. China’s censorship and surveillance technologies are the envy of autocratic regimes around the world, with China exporting both its technology and its technology governance vision to countries such as Venezuela, Ethiopia, Pakistan, Rwanda, Mongolia, and Zimbabwe. China’s efforts to steer standards setting bodies towards work in service of this anti-democratic vision for technology undermines the apolitical purposes standard setting bodies serve.
At the same time, we have seen our position as a global leader on technology issues weakened by a retreat of the United States from the global stage. The United States and its allies must build international support for rules and standards that address the internet’s potential for censorship and repression, presenting alternatives that explicitly embrace a free and open internet. To that end, we urge you to work closely with other countries to ensure China cannot use the ITU to advance its techno-nationalist agenda.
Some argue that China has an inherent advantage over the United States with respect to artificial intelligence because of China’s lax privacy standards and lack of respect for human rights—we disagree. We believe privacy and human rights protections are features, not bugs, of our democracy and our culture of innovation; they make America stronger, and more likely to win any “artificial intelligence race” going forward. Ultimately, technology is shaped by the norms of its development. Thank you for your consideration of our views on the intersection of human rights and artificial intelligence in China, and we look forward to working with you to ensure that the American values remain part of the international conversation about artificial intelligence and facial recognition.
Sincerely,
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,
###
[1] “Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures,” Centers for Disease Control and Prevention (March 7, 2020), available at: https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html
[2] “Preventing COVID-19 Spread in Communities,” Centers for Disease Control and Prevention (March 20, 2020), available at: https://www.cdc.gov/coronavirus/2019-ncov/community/index.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fpreparing-individuals-communities.html
[3] “COVID-19 Educational Disruption and Response,” United Nations Educational, Scientific, and Cultural Organization (UNESCO) (March 11, 2020), available at: https://en.unesco.org/themes/education-emergencies/coronavirus-school-closures
[4] “Map: Coronavirus and School Closures,” Education Week (March 11, 2020), available at: https://www.edweek.org/ew/section/multimedia/map-coronavirus-and-school-closures.html
[5] Jordan Novet, “Zoom Has Added More Videoconferencing Users This Year Than in All of 2019 Thanks to Coronavirus, Bernstein Says,” CNBC (February 26, 2020), available at: https://www.cnbc.com/2020/02/26/zoom-has-added-more-users-so-far-this-year-than-in-2019-bernstein.html
[6] Brian Heater, “Nearly A Third of US Households Don’t Have A Broadband Connection,” TechCrunch (July 25, 2019), available at: https://techcrunch.com/2019/07/25/nearly-a-third-of-u-s-households-dont-have-a-broadband-connection/
[7] “America’s Digital Divide,” Democratic Staff of the U.S. Congress Joint Economic Committee (September 2017), available at: https://www.jec.senate.gov/public/_cache/files/ff7b3d0b-bc00-4498-9f9d-3e56ef95088f/the-digital-divide-.pdf
WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and Dick Durbin (D-IL), members of the Senate Committee on Rules and Administration, were joined by Sen. Sherrod Brown (D-OH) in sending a letter to the chairs and ranking members of the House and Senate committees responsible for Congressional administration, calling on them to address the potential financial hardship for Congress’ support workforce if they have to self-quarantine during this time or have their work schedules unexpectedly disrupted as the result of changes to congressional operations.
“Given the Legislative Branch’s extensive reliance on contract workers for a range of functions, including food service and janitorial work, we write to urge that you attempt to address the potential financial hardship for these workers if they have to self-quarantine due to COVID-19 or in the event the Congress adjourns for a prolonged state work period as a social distancing measure,” the Senators wrote.
In the letter, sent to Senate Committee on Rules and Administration Chairman Roy Blunt (R-MO), Ranking Member Amy Klobuchar (D-MN), Committee on House Administration Chairperson Zoe Lofgren (D-CA 19), and Ranking Member Rodney Davis (R-IL 13), the Senators highlighted the role that janitors, food service workers, and other support contractors play in maintaining the Capitol complex, which hosts three to five million visitors each year.
“We encourage you to consider ensuring any workers who follow novel coronavirus-related guidance from public health authorities—including directives to be tested, self-quarantine, or take other “social distancing” measures—have some financial forbearance,” the Senators continued. “While we are pleased that the Architect of the Capitol has directed contractors to provide paid administrative leave to any worker that has been confirmed to have COVID-19, we believe more expansive accommodations must be established to protect the public health and ensure workers don’t experience significant financial hardship in the wake of guidance from public health authorities.”
Earlier today, the House and Senate Sergeants at Arms ordered limited access throughout the U.S. Capitol complex beginning this evening and running through April 1, 2020. The Capitol Visitor Center will be closed to all tours. The U.S. Capitol and Senate office buildings will be limited to Members, Congressional staff, credentialed press, and official business visitors escorted by a staff member.
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
The Honorable Roy Blunt
Chairman
Senate Committee on Rules & Administration
Russell 305
Washington, DC 20510
The Honorable Zoe Lofgren
Chairperson
Committee on House Administration
Longworth 1309
Washington, DC 20515
The Honorable Amy Klobuchar
Ranking Member
Senate Committee on Rules & Administration
Russell 305
Washington, DC 20510
The Honorable Rodney Davis
Ranking Member
Committee on House Administration
Longworth 1309
Washington, DC 20515
Chairman Blunt, Ranking Member Klobuchar, Chairperson Lofgren & Ranking Member Davis:
As the United States mobilizes to respond to the recent outbreak and spread of COVID-19, the novel coronavirus, we urge you to take into consideration the well-being of all of Legislative Branch employees, including contract workers. The Centers for Disease Control and Prevention (CDC) put out a public health response to a potential coronavirus disease outbreak in the United States that included recommendations for social distancing. The CDC is urging Americans to stay home when ill, work remotely, and seek medical care when infected. Out of an abundance of caution, workers who have had contact with confirmed COVID-19 patients have also been instructed to self-quarantine. In many contexts, employers have reduced operations, encouraging workers to stay at home on special leave prompted by the pandemic. Contract workers are critical to the daily function of the Capitol complex and surrounding buildings – a facility that hosts three to five million visitors each year. Approximately 60% of those visitors come to the Capitol complex between March and July.
As The New York Times recently noted, however, following the CDC’s recommendations in response to the potential spread of the coronavirus is a luxury some workers can’t afford. Some workers may simply not be able to follow these recommendations without experiencing some kind of financial hardship. Given the Legislative Branch’s extensive reliance on contract workers for a range of functions, including food service and janitorial work, we write to urge that you attempt to address the potential financial hardship for these workers if they have to self-quarantine due to COVID-19 or in the event the Congress adjourns for a prolonged state work period as a social distancing measure.
Based on data from the Bureau of Labor Statistics (BLS) on benefits provision, service sector workers are likely some of the most vulnerable workers during a potential spread of the coronavirus. We know, for example, that only 44% of service sector workers, 23% of part-time workers, and 37% of workers in the bottom quartile of wages have access to a healthcare plan. A majority of these workers also tend to work without access to paid leave. Only 43% of service sector workers, 23% of part-time workers, and 56% of workers in the bottom quartile of earnings have access to some type of paid leave. This last statistic is particularly salient for public health reasons because we know that more than 43% of workers in the bottom quartile needed to take leave in 2018 for their own illness or medical care and didn’t take it. Over 60% of those part-time and lowest-wage workers felt they did not have enough leave, could not afford the loss of income, feared negative employment repercussions, or simply did not have access.
We encourage you to consider ensuring any workers who follow novel coronavirus-related guidance from public health authorities—including directives to be tested, self-quarantine, or take other “social distancing” measures—have some financial forbearance. While we are pleased that the Architect of the Capitol has directed contractors to provide paid administrative leave to any worker that has been confirmed to have COVID-19, we believe more expansive accommodations must be established to protect the public health and ensure workers don’t experience significant financial hardship in the wake of guidance from public health authorities.
Again, we strongly urge that you attempt to address the potential financial hardship for Congress’ support workforce if they have to self-quarantine during this time or have their work schedules unexpectedly disrupted as the result of changes to congressional operations. In order to limit the spread of COVID-19, Congress must lead by example by committing that economic uncertainty will not deter these dedicated public servants from following public health guidance during the response.
Thank you in advance for your prompt attention to this matter. We look forward to working together on this critical issue moving forward.
Sincerely,
###
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:
- 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?
- 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?
- 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?
- 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?
- 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?
- 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?
- 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]
- Will the Department advise or encourage IHEs to establish broader academic leave of absence policies for the purposes of relieving them from SAP restrictions?
- 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?
- 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?
- 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?
- 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?
- 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?
- 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 in a letter to President Trump, 34 Senate Democrats led by U.S. Sen. Mark R. Warner (D-VA) called for an economic stimulus package focused on helping working Americans and their families who will be most harmed by the outbreak and spread of COVID-19, the novel coronavirus in the United States.
“The spread of COVID-19 will create economic ramifications that will affect individuals, families, and regions differently. While following social distancing guidelines may be important to mitigate the spread of the virus, it creates potentially grave economic challenges for American workers who are not easily able to telework or who do not have access to paid leave. Further limitations on travel, access to more common general services, and cancellation of major events will potentially hurt a large number of Americans who work or depend upon hospitality, travel, tourism, and retail businesses,” wrote the Senators.
The Senators continued, “Thus the goal of any economic stimulus should be directly aimed at the two types of workers who will be most harmed. First, any proposed relief should directly target workers who may have followed medical guidance to self-quarantine because of potential exposure, or those who are required to care for a family member. Second, it should also ensure that workers whose employment or income is significantly jeopardized by industries who may experience the economic slowdown as a consequence of the spread of the virus are appropriately protected. Further, any mechanism to provide relief must predominately be done as a pass through to workers. Our focus should not be on boosting company returns; instead, our focus should be on helping workers, including hourly workers and those workers at small or retail businesses who often don’t have access to short term savings or paid time off.”
In addition to Sen. Warner, the letter was signed by U.S. Sens. Chuck Schumer (D-NY), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Catherine Cortez Masto (D-NV), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Kamala Harris (D-CA), Maggie Hassan (D-NH), Mazie Hirono (D-HI), Doug Jones (D-AL), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Ed Markey (D-MA), Bob Menendez (D-NJ), Chris Murphy (D-CT), Patty Murray (D-WA), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Tom Udall (D-NM), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), and Ron Wyden (D-OR).
The letter is available here and below.
President Donald J. Trump
The White House
Office of the President
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
Dear President Trump:
We welcome the conversation on the impact of the economic consequences of the recent outbreak and spread of COVID-19, the novel coronavirus in the United States. Unfortunately, many of the ideas that have been raised thus far have skewed towards more traditional stimulus measures, such as tax benefits for wealthier individuals and corporations. However, in light of this unique public health crisis, we believe any economic relief package must be crafted to predominately target economic relief for the most affected American workers and their families.
To date, the current U.S. response – while too slow – has been appropriately focused on access to testing and medical care, including the passage of an emergency supplemental that allocates substantial resources to health professionals and communities who are fighting this virus. To address any macroeconomic impact, the Federal Reserve recently made a decision to cut interest rates. And to date, some large businesses have assured their workers that they will not be economically penalized for following the appropriate guidance from public health authorities.
However, the spread of COVID-19 will create economic ramifications that will affect individuals, families, and regions differently. While following social distancing guidelines may be important to mitigate the spread of the virus, it creates potentially grave economic challenges for American workers who are not easily able to telework or who do not have access to paid leave. Further limitations on travel, access to more common general services, and cancellation of major events will potentially hurt a large number of Americans who work or depend upon hospitality, travel, tourism, and retail businesses.
Thus the goal of any economic stimulus should be directly aimed at the two types of workers who will be most harmed. First, any proposed relief should directly target workers who may have followed medical guidance to self-quarantine because of potential exposure, or those who are required to care for a family member. Second, it should also ensure that workers whose employment or income is significantly jeopardized by industries who may experience the economic slowdown as a consequence of the spread of the virus are appropriately protected. Further, any mechanism to provide relief must predominately be done as a pass through to workers. Our focus should not be on boosting company returns; instead, our focus should be on helping workers, including hourly workers and those workers at small or retail businesses who often don’t have access to short term savings or paid time off.
Again, we welcome the conversation about federal fiscal relief, and look forward to supporting measures that will put the American worker first and truly help ease the burden of this crisis for the many Americans who continue to be impacted.
Sincerely,
###
Warner Urges DNI & OPM to Not Jeopardize Intel Workforce Security Clearances Amid Coronavirus Threat
Mar 11 2020
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.
###
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, D.C. – U.S. Senator Mark R. Warner (D-VA joined Sens. Bob Menendez (D-N.J.), a senior member of the Senate Finance Committee, and Patty Murray (D-Wash.), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and a group of Senate colleagues in urging Internal Revenue Service (IRS) Commissioner Charles Rettig to extend the April 15, 2020 tax-filing deadline to provide taxpayers greater flexibility amid challenges caused by the COVID-19 coronavirus. Currently, there are more than 1,000 cases of coronavirus in 38 states, with 35 deaths so far.
“Given the growing nationwide concerns regarding the potential spread and the resulting economic and public health impact of such an outbreak, we urge you to act quickly and remove one source of stress that individuals face during this crisis,” the senators wrote to Commissioner Rettig. “The American people should not have to worry about filing IRS forms in the middle of a public health emergency.”
The deadline to file tax returns with the IRS for the 2019 tax year falls on Wednesday, April 15. The IRS began processing tax returns on January 27, 2020.
“While providing penalty relief is insufficient to address this crisis alone, it would at least lift one burden off the backs of taxpayers, who are trying to keep themselves and their loved ones safe,” they added. “If the Trump Administration can grant flexibility to multinational corporations armed with droves of accountants and tax attorneys, then surely it can provide similar relief to hard-working American families.”
Joining Sens. Menendez and Murray in sending the letter were Sens. Charles Schumer (D-N.Y.), Dick Durbin (D-Ill.), Tom Carper (D-Del.), Ben Cardin (D-Md.), Sheldon Whitehouse (D-R.I.), Cory Booker (D-N.J ), Jon Tester (D-Mont.), Chris Van Hollen (D-Md.), Ed Markey (D-Mass.), Tammy Duckworth (D-Ill.), Richard Blumenthal (D-Conn.), Tammy Baldwin (D-Wis.), Amy Klobuchar (D-Minn.), Mazie Hirono (D-Hawaii), Jack Reed (D-R.I.), Mark Warner (D-Va.), Dianne Feinstein (D-Calif.) and Elizabeth Warren (D-Mass.).
The full text of the letter can be found here and below.
Dear Commissioner Rettig:
In light of the 2019 Novel Coronavirus (COVID-19) outbreak, we are writing to urge you to provide significant flexibility on the April 15 tax filing season deadline for individual taxpayers. Families need to focus on making sure they are prepared for this public health threat rather than expending time and energy to comply with this deadline.
As you know, taxpayers must file their 2019 tax returns with the Internal Revenue Service (IRS) no later than April 15, 2020. While a short-term extension of this deadline is available, a taxpayer must estimate their outstanding tax liability and must remit a payment in order to avail themselves of the additional time. They would also be responsible for interest payments that accrued during the extension period on their outstanding tax liability, which could deter people from seeking an extension. Given the Centers for Disease Control and Prevention (CDC) has projected the spread of COVID-19 in the United States is “inevitable” and “disruptions to everyday life may be severe,” we should be doing everything within our power to help taxpayers prepare for this crisis. It is unreasonable to insist on strict adherence during this perilous time, particularly in light of the widespread confusion that has persisted for the past two years as a result of the new tax law and W-4 withholding table issues.
As of [date of sending], the coronavirus has spread to every continent on the globe with the exception of Antarctica, and there were over 1,000 cases in 38 states, with public health officials predicting additional cases in the coming weeks. Because the IRS taxpayer assistance and processing centers are located across the country – some of which are in areas that have already reported a number of cases – the operations of the IRS itself are likely to be affected because of the spread of the novel coronavirus. Additionally, taxpayers may need to meet in-person with their accountants, lawyers, or other advisors, and such in-person meetings may be impossible given quarantines, self-quarantines, and social distancing protocols. Indeed, the IRS recently suspended all non-essential work travel for a month as it seeks to prevent the spread of the disease within its workforce.
While we all hope that transmission will slow and this outbreak will dissipate, hope alone is not a strategy. The Administration needs to take this growing crisis seriously and implement immediate steps to help the American people prepare for the worst. While providing penalty relief is insufficient to address this crisis alone, it would at least lift one burden off the backs of taxpayers, who are trying to keep themselves and their loved ones safe. The Securities and Exchange Commission (SEC) have already provided relief to corporations by granting filing extensions in response to the coronavirus. If the Trump Administration can grant flexibility to multinational corporations armed with droves of accountants and tax attorneys, then surely it can provide similar relief to hard-working American families.
Given the growing nationwide concerns regarding the potential spread and the resulting economic and public health impact of such an outbreak, we urge you to act quickly and remove one source of stress that individuals face during this crisis. The American people should not have to worry about filing IRS forms in the middle of a public health emergency. Thank you in advance for your attention to this important matter. We look forward to your response no later than March 20, 2020.
Sincerely,
###
Warner Pushes Labor Department to Seek Data on Gig Workers' Ability to Access Medical Care, Sick Leave
Mar 11 2020
WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged the Department of Labor to start collecting information on access to essential benefits for all workers in the economy, including contingent workers and those in alternative work arrangements, such as gig workers. This request comes after the Centers for Disease Control issued social distancing guidance for the novel coronavirus (COVID-19) outbreak, recommending that Americans work remotely, stay home when ill, and seek medical care when infected – underscoring the vulnerability of many Americans working without access to basic safety net protections traditionally provided by full-time employment.
“As The Washington Post recently wrote, gig workers – and contingent workers more broadly – are likely the most vulnerable workers to a potential spread of the coronavirus,” wrote Sen. Warner in a letter to Secretary of Labor Eugene Scalia. “They may be working without access to a healthcare plan or paid sick leave. As a consequence, they’re not likely to follow the CDC’s coronavirus recommendations. They may not go to the doctor when they are sick for lack of insurance and they may not stay home due to loss of income.”
According to the Bureau of Labor Statistics (BLS), 10.1 percent of the labor force – roughly 15 million workers in the U.S. – are engaged in alternative employment arrangements as their primary form of occupation. Currently, there is no BLS data detailing what percentage of those workers have access to benefits that can be essential during an outbreak, such as paid sick leave, access to health care and the ability to work remotely.
“Our American system of social insurance should not be a benefit we offer to the most privileged of workers. The entire premise of the Affordable Care Act was to solidify that basic access to healthcare should not be conditional on worker status, sector of employment, or take-home pay – every American should have access to affordable healthcare,” he continued. “In the U.S. Congress, I have advocated for experimentation of a portable benefits system for independent workers that would include a broader set of worker benefits. It seems increasingly clear that – for certain workers – not having access to benefits that are portable, that they can take from job to job and gig to gig, is a public health issue for the rest of American society.”
In his letter, Sen. Warner also noted the lack of access to benefits for traditional, low- to middle-wage workers, who are less likely to take leave even if they need it, because they cannot afford the loss of income or fear negative employment repercussions. According to a March 2019 Employee Benefits Survey, only 44 percent of service sector workers, 23 percent of part-time workers, and 37 percent of workers in the bottom quartile of wages have access to a healthcare plan. Additionally, only 43 percent of service sector workers, 23 percent of part-time workers, and 56 percent of workers in the bottom quartile of earnings have access to some type of paid leave.
Sen. Warner has led the effort in Congress to try to prepare workers for shifting nature of work, particularly as it pertains to access to benefits. Last year, he reintroduced four pieces of legislation to support Americans in our evolving workforce. This included two bills to encourage employers to invest in worker training and education, a bill to expand access to mortgages for those with non-traditional work arrangements, and a bill to allow states, localities and nonprofit organizations to experiment with portable benefits for the growing independent workforce.
A copy of the letter is available here and below. A list of Sen. Warner’s work on coronavirus is available here.
The Honorable Eugene Scalia
Secretary of Labor
U.S. Department of Labor
200 Constitution Ave, NW
Washington, DC 20210
Dear Secretary Scalia,
The Centers for Disease Control and Prevention (CDC) recently put out a public health response to a potential coronavirus disease outbreak in the United States that included recommendations for social distancing. The CDC is urging Americans to stay home when ill, work remotely, and seek medical care when infected. As The New York Times recently noted, however, following the CDC’s recommendations in response to the potential spread of the coronavirus can often be a luxury some workers can’t afford. Some workers may simply not be able to follow these recommendations without experiencing some kind of financial hardship. I write to urgently ask that the Bureau of Labor Statistics (BLS) start collecting information on the extent to which all workers in the economy – including contingent workers and those in alternative work arrangements – have access to these kinds of benefits.
Based on what we know from the BLS’s current data collection efforts, 10.1% of the labor force is engaged in alternative employment arrangements as their primary form of occupation. That translates to roughly 15 million workers in the United States. Unfortunately, we don’t know how many of those workers are working without access to a broader worker benefits system.
As The Washington Post recently wrote, gig workers – and contingent workers more broadly – are likely the most vulnerable workers to a potential spread of the coronavirus. They may be working without access to a healthcare plan or paid sick leave. As a consequence, they’re not likely to follow the CDC’s coronavirus recommendations. They may not go to the doctor when they are sick for lack of insurance and they may not stay home due to loss of income.
From the information we do know about worker benefits provision in the United States – thanks to the BLS’s current data collection efforts – access to healthcare and other benefits is already a problem for low to middle wage workers. Your most recent March 2019 Employee Benefits Survey results suggest we’re facing a worker benefit polarization problem in the United States. We know, for example, that only 44% of service sector workers, 23% of part-time workers, and 37% of workers in the bottom quartile of wages have access to a healthcare plan.
A majority of these workers also tend to work without access to paid leave. Only 43% of service sector workers, 23% of part-time workers, and 56% of workers in the bottom quartile of earnings have access to some type of paid leave. This last statistic is particularly salient for public health reasons because we know that more than 43% of workers in the bottom quartile needed to take leave in 2018 for their own illness or medical care and didn’t take it. Of those workers that needed to take leave, your surveys tell us that over 60% of part-time and lowest wage workers didn’t do so either because they did not have enough leave, could not afford the loss of income, feared negative employment repercussions, or simply did not have access.
The other important piece of information we know as a result of current data collection efforts is that the ability to work from home is a benefit concentrated among those with higher levels of education. Your surveys note that roughly 12% of workers with a high school degree worked at home on an average day, while nearly 42% of workers with an advanced degree did. This same trend holds true for full-time workers making the lowest weekly earnings – less than 8% work from home on an average day – while almost 35% of workers with the highest earnings do. Similarly, less than 10% of workers in the service, construction and extraction, production, and transportation and material moving sectors seem to work from home.
Our American system of social insurance should not be a benefit we offer to the most privileged of workers. The entire premise of the Affordable Care Act was to solidify that basic access to healthcare should not be conditional on worker status, sector of employment, or take-home pay – every American should have access to affordable healthcare. In the U.S. Congress, I have advocated for experimentation of a portable benefits system for independent workers that would include a broader set of worker benefits. It seems increasingly clear that – for certain workers – not having access to benefits that are portable, that they can take from job to job and gig to gig, is a public health issue for the rest of American society.
Again, I strongly urge that the Department of Labor start collecting information about access to worker benefits for all workers, including those in alternative work arrangements. Thank you in advance for your prompt attention to this matter. I look forward to working with you on your next steps.
Sincerely,
MARK R. WARNER
Cc: Commissioner William W. Beach
###
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.
###
WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined his Senate colleagues in a letter to the U.S. Bureau of Prisons (BOP) and the three largest private prison operators – GEO Group (GEO), CoreCivic, and Management and Training Corporation (MTC) – asking about the policies and procedures in place at federal prisons to manage a potential spread of the novel coronavirus.
In Virginia, there are three federal correctional facilities in operation, which includes the U.S. Penitentiary in Lee County and the low- and medium-security institutions located at the Petersburg Federal Correctional Complex. Correctional officers at these three Virginia facilities are responsible for approximately 4,144 inmates.
In their letter, the Senators underscore that correctional staff and the prison population are particularly vulnerable amid the coronavirus threat.
“Given the spread of the virus in the U.S.—and the particular vulnerability of the prison population and correctional staff—it is critical that [you] have a plan to help prevent the spread of the novel coronavirus to incarcerated individuals and correctional staff, along with their families and loved ones, and provide treatment to incarcerated individuals and staff who become infected,” the Senators wrote.
Over 175,000 individuals are incarcerated in federal prisons and jails, and thousands of incarcerated people, their family and friends, and correctional staff move in and out of federal prisons every day. As a result, the potential uncontrolled spread of the coronavirus endangers federal correctional staff, their families, inmates, and the general public.
In order to get more information on the policies and procedures in place to prepare for and mitigate the potential spread of the coronavirus, the Senators requested responses to their letters no later than March 16, 2020.
In addition to Sen. Warner, the letter was led by Sen. Elizabeth Warren (D-MA) and signed by Sens. Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Brian Schatz (D-HI), Kamala Harris (D-CA), Sherrod Brown (D-OH), Mazie Hirono (D-HI), and Tina Smith (D-MN).
###
Washington, D.C. – U.S. Sens. Mark R. Warner (D-VA), Cory Gardner (R-CO), Joe Manchin (D-WV), Steve Daines (R-MT), Rob Portman (R-OH), Angus King (I-ME), Lamar Alexander (R-TN), and Richard Burr (R-NC) today introduced S. 3422, the Great American Outdoors Act, landmark legislation to preserve and protect our country’s public lands. The bipartisan legislation provides permanent and full funding for the Land and Water Conservation Fund (LWCF) and addresses the nearly $12 billion maintenance backlog in our national parks and other land management agencies.
For nearly three years, Sen. Warner has fought to provide relief to national parks in Virginia, where the increasing maintenance backlog currently sits at more than $1.1 billion dollars and surpasses that of every state except for California and the District of Columbia.
“For too long, national parks in Virginia and across the country have forgone important repairs and upkeep projects due to the National Park Service’s $12 billion maintenance backlog,” said Senator Warner. “For several years, I have pushed to address this backlog so that we can provide much-needed relief to our parks and preserve these natural treasures for our future generations. That’s why today, I’m proud to introduce the Great American Outdoors Act – a bipartisan compromise that includes provisions from my bill to restore our parks. This legislation represents a truly historic investment in our public lands – especially those in Virginia, which are overwhelmed by $1.1 billion in deferred maintenance needs. I look forward to working with my colleagues on getting this bill passed and signed into law as soon as possible.”
“The LWCF supports projects in Colorado and all across our country at no cost to the taxpayer, and fighting every year to figure out how much money the program will receive doesn’t provide the long-term planning certainty that our outdoor and conservation community deserves. Last year we were successful in permanently reauthorizing the LWCF, the crown jewel of conservation programs, and I have been fighting ever since to make funding permanent,” said Senator Gardner. “Senator Daines and I secured the President’s support and a path for full and permanent LWCF funding to become law and address the deferred maintenance backlog that the park system is currently facing. Congress has a historic opportunity to ensure the public lands we all own will receive the funding they deserve by passing the Great American Outdoors Act.”
“I started working to secure permanent funding the day after we passed permanent authorization of the Land and Water Conservation Fund last year. I am excited to see there is such broad bipartisan support to secure full, permanent funding for LWCF and address the maintenance backlog across all of our national parks and treasured public lands. Every state and territory and nearly every county in our country has benefited from LWCF funding. Today I am proud to be the lead Democrat introducing the Great American Outdoors Act. This is an historic achievement for conservation and a testament to the strong, bipartisan work that is still possible when we put politics aside to do what is best for our country,” said Senator Manchin.
“As Montana’s voice in the U.S. Senate, I’ve made it one of my top priorities to protect and expand access to our public lands and our Montana outdoor way of life,” said Senator Daines. “This historic bipartisan effort will fully and permanently fund the Land and Water Conservation Fund and address the maintenance backlog in our national parks and forests. I thank President Trump for his support in getting this done and I look forward to working with my colleagues to get this historic conservation win signed into law.”
“The Great American Outdoors Act is landmark legislation that carries on Teddy Roosevelt’s legacy of protecting our public lands for future generations,” said Senator Portman. “The Great American Outdoors Act includes my legislation with Senators Warner, King, and Alexander, the bipartisan Restore Our Parks Act, which will provide funding to address the $12 billion deferred maintenance backlog at our national park sites throughout the country, including more than $100 million in maintenance backlog in Ohio’s eight national parks. I’m pleased to have worked with my colleagues to expand the Restore Our Parks Act to include funding for the other land management agencies in the Great American Outdoors Act. I want to thank Senators Gardner, Manchin, and Daines for their work on this legislation, and I’m glad the president is embracing this legislative effort. I look forward to working with my colleagues to get this legislation signed into law.”
“One hundred years from now, long after we’re gone and our names are forgotten, America’s natural treasures will endure – if we take care of them now,” said Senator King. “For too long, we’ve neglected our public lands and national parks. The $12 billion backlog facing our National Parks is no way to treat America’s greatest idea, and too often funding for the Land and Water Conservation Fund becomes a political pawn caught in the middle of other issues. This legislation would right these wrongs, and take the necessary steps to make sure America’s natural beauty can be enjoyed by generations to come. We have a duty to protect these lands for our children and their children; today, for the first time in a long time, it looks like we may take a much-needed step to fulfill that responsibility.”
“The Great American Outdoors Act is the most important conservation and outdoor recreation legislation in the last half century. This bipartisan bill will cut in half the $12 billion maintenance backlog in our national parks, including $235 million in the Great Smoky Mountains National Park. It will also reduce maintenance backlogs at our national refuges and forests,” said Senator Alexander. “It will fully and permanently fund the Land and Water Conservation Fund (LWCF), an unrealized goal of Congress and the conservation community since 1964. Fully funding the LWCF was also a recommendation of President Reagan’s Commission on Americans Outdoors, which I chaired. None of this would be possible without the strong support of President Trump and so many Democrat and Republican senators. I hope Congress can send this bill to the president’s desk soon so future generations can continue to enjoy our national parks and public lands.”
“America’s great outdoors are part of the heritage and beauty of our nation,” said Senator Burr. “That’s why we must do everything we can to protect, maintain, and preserve them. The Land and Water Conservation Fund has a proven track record of success, but if we don’t fully fund it, we risk the loss of natural landscapes and easy access to state and national parks. I’m proud to join my colleagues in support of this significant bipartisan legislation, and I look forward to its passage so we can ensure these national treasures are enjoyed for generations to come.”
A full list of deferred maintenance needs at Virginia’s national parks can be found here.
###