WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine cosponsored legislation to increase the ability for Americans struggling with food insecurity to receive restaurant meals during the COVID-19 pandemic. Specifically, the COVID-19 Anti-Hunger Restaurant Relief for You Act of 2020—or the SNAP CARRY Act—expands eligibility for the SNAP Restaurant Meals Program (RMP) and waives program requirements to make it easier for states and restaurants to participate in the program during emergencies like the COVID-19 pandemic. The RMP prevents hunger in some of the most vulnerable communities by allowing people who may not have the ability or a place to prepare their own food to purchase discounted prepared meals at participating restaurants with their SNAP benefits. 

“We are proud to support this effort to expand the use of SNAP benefits to participating restaurants,” said the Senators. “This legislation is a win-win for increasing food security and supporting local restaurants – two critical issues amid this pandemic.”

During emergencies like COVID-19 when there are often unforeseen challenges around food access, the RMP could serve to ensure those struggling with hunger can easily and safely access food. In addition, as the restaurant industry struggles with closures due to COVID-19, the RMP would help prevent job loss among restaurant employees. However, statutory limits to the program present barriers to its use. 

The SNAP CARRY Act: 

1.     Allows all SNAP-eligible individuals to utilize the RMP during a nationally declared disaster or public health emergency

2.     Eases regulatory barriers on states participating in the program

3.     Gives the Secretary of Agriculture broad authority to authorize additional food retailers to participate in SNAP and the SNAP RMP

4.     Establishes an option and process for participating restaurants in the RMP to end their participation after COVID-19

The legislation is sponsored by Senator Chris Murphy. Click here for a one-pager. 

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WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) participated in a virtual Senate Banking Committee hearing on the coronavirus economic response with Federal Reserve Chairman Jerome Powell and Treasury Secretary Steven Mnuchin. In his questioning of Chairman Powell, Warner highlighted the dire economic conditions facing many Americans and pressed the Fed Chairman on whether Congress and the Fed were doing enough to help everyday Americans and prevent an economic depression. 

In his remarks at the beginning of the questioning period, Warner said, “I point to the survey that the Fed put out last week that literally said 40 percent of our fellow Americans who make less than $40,000 – 40 percent of those folks – had their jobs disappear between February and March. We all know as well that 36 million Americans were unemployed. We’re at depression levels of unemployment and I think statistics have always shown that particularly losing your job during a recession could actually incur long-time income losses, up to 19 percent over the coming decade, according to some of the statistics that I’ve seen.”

In response to Sen. Warner’s question about what would happen if Congress fails to take appropriate action, Chairman Powell said, “…There is clear evidence that when you have a situation where people are unemployed for long periods of time, that can permanently weigh on both, their careers and their ability to go back to work, and also weigh on the economy for years – equally so with small and medium-sized businesses, which are the jobs machine of our great economy. If we allow unnecessary, avoidable insolvencies because of, effectively, a natural disaster, that too will destroy the work of many families and generations but it will also weigh on the economy.”

With coronavirus-related job losses now exceeding 36 million, Sen. Warner has been outspoken on the need for Congress to take bold, large-scale action to assist struggling American workers and prevent further economic devastation. Last week, he took to the Senate floor to call on his colleagues to pass legislation that would provide paychecks to laid-off and furloughed workers.

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

The full exchange between Sen. Warner and Chairman Powell is transcribed below:

Sen. Mark R. Warner: Thank you gentlemen. I want to start, Chairman Powell, with some of the comments I think you’ve made and I want to reinforce them. I think we all realize and understand that losing a job at any point if your lifetime is an enormous challenge. Losing your job in the midst of a recession or depression could be devastating. I point to the survey that the Fed put out last week that literally said 40 percent of our fellow Americans who make less than $40,000 – 40 percent of those folks – had their jobs disappear between February and March. We all know as well that 36 million Americans were unemployed. We’re at depression levels of unemployment and I think statistics have always shown that particularly losing your job during a recession could actually incur long-time income losses, up to 19 percent over the coming decade, according to some of the statistics that I’ve seen. So again, I would like you to take a moment to say – we have to measure overdoing versus underdoing – but with this type of devastation, with this type of pain disproportionately hitting low and moderate-income Americans, can you speak to us of the results and the long-term scars this would present if we don't take aggressive action?

Chairman Jerome Powell: Thank you. I'd be glad to. So, there is clear evidence that when you have a situation where people are unemployed for long periods of time, that can permanently weigh on both, their careers and their ability to go back to work, and also weigh on the economy for years – equally so with small and medium-sized businesses, which are the jobs machine of our great economy. If we allow unnecessary, avoidable insolvencies because of, effectively, a natural disaster, that too will destroy the work of many families and generations but it will also weigh on the economy. So that those are things to keep in mind. As I said earlier, this is the biggest response by Congress ever, and the fastest, and the biggest from us, and still, this is the biggest shock we’ve in living memory and the question looms in the air of ‘is it enough?’

Sen. Warner: And I would argue that historically, whether it's our country or other nations, that governments tend to undershoot during these periods, and we now have 36 million Americans without work and 40 percent of the folks under $40,000 a year losing their work, and this scar could be deep and wide.

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WASHINGTON — U.S. Sen. Mark R. Warner (D-Va.) joined Sens. Chris Coons (D-Del.), Susan Collins (R-Maine) and nine of their colleagues on a bipartisan letter to Senate Leadership encouraging additional support for first responders in the next COVID-19 relief package. 

In addition to Sens. Warner, Coons and Collins, the letter was joined by Senators Tom Carper (D-Del.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Angus King (I-Maine), Jon Tester (D-Mont.), Chris Van Hollen (D-Md.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), and Amy Klobuchar (D-Minn.). 

The lawmakers detailed the following priorities for first responders:

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel.

The lawmakers’ effort is supported by the Fraternal Order of Police, the National Association of Police Organizations, the Federal Law Enforcement Officers Association, the International Association of Fire Fighters, the National Volunteer Fire Council, and the Congressional Fire Services Institute.

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

Dear Leader McConnell and Leader Schumer: 

We appreciate your work to provide support for our nation’s police officers, firefighters, and emergency medical services (EMS) personnel in the Coronavirus Aid, Relief, and Economic Security Act.  However, additional assistance is needed during this crisis.  As Congress considers further legislation in response to the COVID-19 pandemic, we urge you to include additional support for our nation’s first responders who work in some of the highest risk occupations for COVID-19 exposure.^[i]  First responders are routinely in physical contact with potentially infected persons and are facing unprecedented volumes of dispatch calls in severely impacted areas.^[ii]

A short supply of personal protective equipment (PPE) for first responders to guard against disease exposure has left many police officers, firefighters, and EMS personnel exposed to the dangers of this crisis.  This has resulted in too many first responders across our nation contracting COVID-19 and being forced to self-quarantine, which has led to staffing shortages.^[iii]  As of April 1, more than 1,400 New York City Police Department employees have contracted COVID-19, with 6,100 in total in quarantine, and 282 New York City Fire Department employees have contracted COVID-19, with 950 in total in quarantine.^[iv]  While New York City is the current epicenter of the U.S. outbreak, many other cities and states with developing outbreaks such as New Jersey, Florida, Detroit, Seattle, Washington D.C., and several additional states and cities across the nation^[v] have reported a significant number of first responders contracting COVID-19 or requiring self-quarantine.

As this outbreak continues, many more first responders will undoubtedly contract COVID-19 or be forced to self-quarantine.  To support our nation’s police officers, firefighters, and EMS personnel serving on the front lines of this pandemic, we urge action on the below items.  

• Bolster Assistance to Firefighter Grant, Staffing for Adequate Fire and Emergency Response (SAFER), and Department of Justice grant funding, including for the Community Oriented Policing Services program, so that state and local police, fire, and EMS departments can access resources to purchase and be reimbursed for PPE and other COVID-19 related expenses, recruit and retain employees and volunteers, and cover overtime, backfill costs, authorized hazard pay, and COVID-19-related paid sick leave during the crisis.
• Require that the Secretary of the Department of Homeland Security waive the cost share and maintenance of expenditure requirements for Assistance to Firefighter Grants for reimbursement of COVID-19-related expenses through FY21. 
• Require that the Secretary of the Department of Homeland Security grant waivers to SAFER grant recipients for employee retention to aid staffing shortages through FY21.  In addition, any legislation should retroactively require that the Secretary grant such waivers for FY19 and FY20 SAFER funds. 
• Waive the prohibition on hazard pay for federal firefighters under 5 U.S.C. §?5545b(d)(1) for purposes of COVID-19 response, provide funding to federal agencies sufficient to cover hazard pay to frontline federal firefighters and law enforcement officers when appropriate, extend overtime pay to U.S. Probation Officers, and waive the federal firefighter and law enforcement officer overtime cap under 5 U.S.C. §?5547.
• Address the gap in paid sick leave coverage for first responders by requiring that the employing agency, not the employee, provide up to 80 hours of paid sick leave should these departments order the employee to self-quarantine in accordance with Centers for Disease Control and Prevention guidelines due to potential COVID-19 exposure.
• Create a presumption in the Public Safety Officers’ Benefits Program that a public safety officer’s infection of COVID-19 resulted from their employment to clearly establish eligibility for benefits due to the pandemic.
• Prevent the taxation of state and local incentives for volunteer firefighters and EMS personnel beyond 2020 in order to help departments continue to recruit and retain volunteer personnel. 

During a time of crisis, communities rely on local first responders as the first line of defense for protection and emergency response.  As you continue to develop further legislation in response to the COVID-19 pandemic, we urge you to include the above items so that our nation’s first responders can operate at full capacity as we fight the COVID-19 pandemic. 

Sincerely, 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) and U.S. Rep. Cindy Axne (D-IA) urged the U.S. Securities and Exchange Commission (SEC) to require that human capital management information is made publicly available in a timely and accurate manner to help determine whether a company will be successfully able to weather risks following the COVID-19 crisis – a critical issue for investors and the overall economy. In their letter to the SEC, the members of Congress stressed the importance of standardizing the human capital management policies that companies disclose to the public, particularly policies regarding employee engagement and sick leave, investment in training, and administrative controls like cleaning practices, varying work schedules, and protective equipment for workers.

“During these deeply uncertain times, companies and workers face a rapidly evolving set of economic, health, and workforce challenges unimaginable only a few months ago. Now, more than ever, investors and the public should have access to comprehensive, timely, and comparable information related to companies’ human capital management practices,” wrote the lawmakers. “Over the past several months, companies across the country have taken extreme actions to adapt and respond to the evolving workforce challenges presented by COVID-19.  Facing extraordinary operational and financial challenges, different industries and businesses are attempting to weather the crisis in unique ways.”

“Through different responses to their workforce, from layoffs to workplace safety to paid leave, COVID-19 is exposing the myriad ways that company human capital management practices pose operational and reputational risks for short and long-term performance.” they continued. “To standardize what companies disclose to the public, we urge you to provide the guidance necessary to ensure timely and accurate delivery of critical human capital management information to investors.”

In their letter, the lawmakers requested that the SEC finalize and implement proposed modernizations to Regulation S-K and its updates to human capital management reporting requirements, urging that these requirements include quantitative disclosure items with a high value across industries, like total number employees, total wages, turnover rates, spending on employee training opportunities, and whether workers have full-time or contractor status.

Sen. Warner and Rep. Axne have long called for better disclosure practices of human capital management information. They have introduced bicameral legislation to require public companies to disclose basic human capital metrics, including workforce turnover rates, skills and development training, workforce health and safety, and compensation statistics. Sen. Warner has repeatedly urged the SEC to revise and modernize Regulation S-K to require public reporting companies to disclose more qualitative and quantitative information regarding human capital. 

Additionally, Sen. Warner has been an outspoken advocate of investing in workers and ensuring they are adequately equipped to participate in the 21st century labor force. Last year, the SEC announced a proposed Regulation S-K rule following advocacy by Sen. Warner, who previously urged the Commission to heed the calls of investors and utilize its rulemaking authority to require companies across the board to provide further details relating to human capital management. Most recently, he sent a letter requesting that the SEC require companies to disclose specific metrics in addition to human capital resources, measures, and objectives.

Text of the letter is available here and below. 

The Honorable Jay Clayton 

Chairman

Securities & Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

Dear Chairman Clayton,

We appreciate the Securities and Exchange Commission’s (SEC’s) efforts to help stabilize markets and protect investors in the face of the extraordinary economic disruption caused by the onset of the COVID-19 pandemic.  During these deeply uncertain times, companies and workers face a rapidly evolving set of economic, health, and workforce challenges unimaginable only a few months ago.  Now, more than ever, investors and the public should have access to comprehensive, timely, and comparable information related to companies’ human capital management practices.  Indeed, the current COVID-19 pandemic is a vivid example of why human capital management reporting is so critical to carrying out the SEC’s mission to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.

Over the past several months, companies across the country have taken extreme actions to adapt and respond to the evolving workforce challenges presented by COVID-19.  Facing extraordinary operational and financial challenges, different industries and businesses are attempting to weather the crisis in unique ways.  JUST Capital, for example, has been tracking the responses of the S&P’s 100 largest public companies to their workers and finds wide variation in the policies implemented as well as their disclosure.   Through different responses to their workforce, from layoffs to workplace safety to paid leave, COVID-19 is exposing the myriad ways that company human capital management practices pose operational and reputational risks for short and long-term performance.

To standardize what companies disclose to the public, we urge you to provide the guidance necessary to ensure timely and accurate delivery of critical human capital management information to investors.  This includes, among other things: remuneration across the workforce; employee engagement and sick leave information; investment in training, especially with regard to health and safety preparedness; identification of workforce safety hazards and levels of risk; administrative controls; such as cleaning practices, varying work schedules; and protective equipment for workers, such as masks and gloves.  These issues will be important in determining if companies will be able to open and remain open, a critical issue for investors as well as for the economy as a whole. 

We also urge you to quickly move forward with finalizing the proposed modernizations to Regulation S-K’s human capital management reporting requirements with the following improvements.  Investors and the public should have much-needed, fundamental human capital information to assess a company’s ongoing performance now and in the future.  Finalized metrics should include quantitative disclosure items with a high value across industries, such as total employees, total wages, whether workers are full-time or contractors, turnover and promotion rates, violations of workplace safety regulations, and spending on employee training opportunities.  Disclosure of these critical workforce metrics will better enable investors to assess the impact of future health or economic crises on the company’s workforce, which are material to company performance, investment and voting decisions.

In fact, disclosure of human capital management policies should be part of a whole-of-government economic recovery strategy.  You have noted in the past on calls with SEC Investor Advisory Committee members that “human capital and intellectual property often represent an essential resource and driver of performance for many companies.”   We agree.  Using asset management industry measurement standards such as risk-adjusted returns and means excess returns, researchers find that the S&P 500 firms disclosing their human capital costs are disproportionately the highest performing firms.   This same research finds that intensity of human capital reporting is correlated with greater firm financial performance, a focus on long-term value creation, and a higher return on investment from talent.   The estimated overarching benefits to the economy would vastly outweigh the costs of disclosure.

The onset of the COVID-19 pandemic is a reminder that investors and the public are well served by a robust human capital management disclosure regime.  As the founder of the Coalition for Inclusive Capitalism recently noted in the Financial Times, U.S. financial markets had no form of standardized financial accounting before 1929.   Just as GAAP was urgently adopted after the Great Depression, we strongly believe standardized, comparable metrics of human capital disclosure requirements in the context of this pandemic are critical for investors to accurately measure company performance both now and in the future, which furthers the SEC’s mission to “protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.” 

Thank you for your continued work during these challenging times.  We look forward to working with you on this critical matter. 

Sincerely, 

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

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

Background:

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

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

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

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

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

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

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

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

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

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

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

The Public Health Emergency Privacy Act would:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thank you, Mr. President.

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

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

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

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

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

The VoteSafe Act would:

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

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

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

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

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

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

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

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

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

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

Bill text can be found here.

A one pager on the bill can be found here.

Additional supportive quotes can be found here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We look forward to your response. 

Sincerely,

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

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

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

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

Sens. Warner and Kaine have long advocated for Virginia’s seafood industry – a community largely made up of rural, family-owned operations. Earlier this week, the Senators joined their colleagues in sending a letter to Senate leaders asking them to make sure urgently needed federal assistance is delivered to America’s fishermen and seafood processors who have been affected by this crisis. Additionally, in February, the Senators urged the U.S. Department of Homeland Security (DHS) to release additional H-2B visas needed to support local seafood businesses in Virginia and states like Alaska, Maryland, and North Carolina.

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