WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) asked the Office of Management and Budget (OMB) to issue needed direction for consistent implementation of a section in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that provides relief to the contractor community supporting many critical national security missions. In a letter to Acting Director Russell Vought, Sen. Warner stressed the importance of promptly issuing clear direction to agencies and contracting officers in order to assure continuity in the contractor community and avoid agencies issuing their own guidance, creating a confusing patchwork for industry.

“Without such overarching directive, I fear that agencies and their contracting officers will take disparate approaches, leading to uncertainty and instability in the contractor industrial base, if not a permanent loss of capability,” wrote Sen. Warner. “In addition, I want to avoid draconian cutbacks that may create significant counterintelligence risks.”

Section 3610 of the CARES Act allows government agencies to continue to pay contractors if they cannot perform their work because of coronavirus-related restrictions, such as the closure of federal or contractor facilities and/or the inability to telework. Such restrictions disproportionately affect contractors who perform classified work that cannot be undertaken outside of a secure facility.

In his letter, Sen. Warner noted that agencies are already issuing implementation memoranda that potentially diverge from one another. He also requested that any directive: 

• Fully endorses and supports contractors teleworking or otherwise working remotely, and payment therewith, consistent with mission requirements, law, and Office of Personnel Management memorandum M-18-20, “Managing Federal Contract Performance Issues associated with the Novel Coronavirus (COVID-19)”;

• Applies equally to contractor work conducted at government or contractor facilities or sites, whether they support unclassified or classified work;
• Provides a fair cost reimbursement methodology that allows for reasonable direct and indirect costs and in-progress payments for work normally paid on a lump-sum basis;
• Provides standard contract modification language, preferably made available within 15 days of issuance of OMB guidance, to maintain ready state (on-call) contractor capability, reflects dependencies on subcontractors and suppliers whose performance may be impaired by COVID-19, and adjust contract performance issues, including reductions in scope or schedule changes due to COVID-19;
• Allows expedited consideration of extensions in periods of performance and adjustments in contract ceiling values to minimize unnecessary disruption in contract execution for the duration of the emergency; and
• Applies to contractor work done for all government agencies to the greatest extent practicable to promote consistency for existing and new work.

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

The Honorable Russell Vought

Acting Director

Office of Management and Budget

Washington, D.C.  20503

Dear Acting Director Vought:

I write to ask that you promptly issue a directive so that government agencies consistently implement Sec. 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides relief to the contractor community supporting many critical national security missions.  Without such overarching directive, I fear that agencies and their contracting officers will take disparate approaches, leading to uncertainty and instability in the contractor industrial base, if not a permanent loss of capability.  Agencies are already issuing memoranda on this topic that potentially diverge from one another.  In addition, I want to avoid draconian cutbacks that may create significant counterintelligence risks.

Specifically, I request you issue a directive that: 

• Fully endorses and supports contractors teleworking or otherwise working remotely, and payment therewith, consistent with mission requirements, law, and Office of Personnel Management memorandum M-18-20, “Managing Federal Contract Performance Issues associated with the Novel Coronavirus (COVID-19)”;

• Applies equally to contractor work conducted at government or contractor facilities or sites, whether they support unclassified or classified work;

• Provides a fair cost reimbursement methodology that allows for reasonable direct and indirect costs and in-progress payments for work normally paid on a lump-sum basis;

• Provides standard contract modification language, preferably made available within 15 days of issuance of OMB guidance, to maintain ready state (on-call) contractor capability, reflects dependencies on subcontractors and suppliers whose performance may be impaired by COVID-19, and adjust contract performance issues, including reductions in scope or schedule changes due to COVID-19;

• Allows expedited consideration of extensions in periods of performance and adjustments in contract ceiling values to minimize unnecessary disruption in contract execution for the duration of the emergency; and

• Applies to contractor work done for all government agencies to the greatest extent practicable to promote consistency for existing and new work.

Thank you for your prompt attention to this matter.  If you have any questions, please contact Jon Rosenwasser of the Committee staff at (202) 224-1700.

Sincerely, 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today expressed concern with the health and welfare of military personnel aboard the USS Theodore Roosevelt – an American aircraft carrier that has been reported to have more than 100 sailors aboard who have tested positive for the novel coronavirus (COVID-19). In a letter, the Senators questioned Secretary of the Navy Thomas B. Modly about the conditions aboard the vessel and about any actions being taken to ensure the health and safety of sailors and other military personnel.

“We are writing about the recent developments aboard the USS Theodore Roosevelt (CVN-71) due to coronavirus (COVID-19) infections, so we can better understand the Navy’s plans for safeguarding its personnel and what Congress can do to assist your efforts,” wrote the Senators.“As you are aware, there are countless Virginians with family members serving aboard Navy warships who are all concerned about the health and well-being of their loved ones.  We share these concerns for all our personnel serving in the military at this challenging time.” 

On Monday, in a letter to senior military officials, Capt. Brett Crozier detailed the USS Theodore Roosevelt’s deteriorating conditions, noting that the ship’s environment is especially conducive to the spread of the disease due to the large number of confined sailors and the sharing of resources and facilities, among other things. The vessel – which is currently docked in Guam – has more than 4,000 crew members onboard, including the more than 100 sailors who have tested positive for COVID-19.

In their letter to the Navy, the Senators – who have heard directly from the relatives of servicemembers aboard the ship – requested answers to the following questions: 

1. Has the Navy developed new measures and policies to ensure critical components are managed by crew that are known to be free of COVID-19?   How many COVID-19 tests would the Navy require to implement such a policy?  How many tests do you currently possess?
2. Does the Navy have an adequate number of berthing barges to house crewmembers for nuclear vessels that require daily maintenance of critical components while those ships are cleaned/decontaminated?  
3. Does the Navy have an adequate number of berthing barges to house crewmembers for vessels slated for deployment in the next 120 days while they are cleaned and decontaminated?
4. Is there any plan, similar to those being pioneered by the US Transportation Command for military airlift pilots, to effectively “cocoon” ships’ crews to avoid new contamination from outside sources?
5. What measures are in place to safely re-supply currently deployed ships without unnecessarily exposing the crew to COVID-19?
6. Is there any requirement to extend personnel slated for retirement or separation to safely operate Navy vessels?  Can Congress provide additional incentive pay for Navy personnel whose separations, retirements, deployments or working conditions have been impacted by COVID-19?
7. Have you been in contact with the Department of Energy about the lessons learned from the COVID-19 outbreak on the USS Roosevelt for dissemination amongst nuclear power plants operating in the U.S.?
8. Are there any other authorities or resources the Navy requires to better secure the health and safety of Navy personnel & their families during this crisis? 

Text of the letter is available here and below. 

April 1, 2020       

The Honorable Thomas B. Modly

Secretary of the Navy 

1000 Navy Pentagon 

Washington, DC 20350-1000  

Dear Acting Secretary Modly: 

We are writing about the recent developments aboard the USS Theodore Roosevelt (CVN-71) due to coronavirus (COVID-19) infections, so we can better understand the Navy’s plans for safeguarding its personnel and what Congress can do to assist your efforts. 

As you are aware, there are countless Virginians with family members serving aboard Navy warships who are all concerned about the health and well-being of their loved ones.  We share these concerns for all our personnel serving in the military at this challenging time. 

In an effort to ensure Congress is best assisting the Navy in meeting the challenges posed by the coronavirus, we ask that you provide a response to the following in an appropriate format, as we understand that details affecting readiness are sensitive and potentially classified: 

1. Has the Navy developed new measures and policies to ensure critical components are managed by crew that are known to be free of COVID-19?   How many COVID-19 tests would the Navy require to implement such a policy?  How many tests do you currently possess?
2. Does the Navy have an adequate number of berthing barges to house crewmembers for nuclear vessels that require daily maintenance of critical components while those ships are cleaned/decontaminated?  
3. Does the Navy have an adequate number of berthing barges to house crewmembers for vessels slated for deployment in the next 120 days while they are cleaned and decontaminated?
4. Is there any plan, similar to those being pioneered by the US Transportation Command for military airlift pilots, to effectively “cocoon” ships’ crews to avoid new contamination from outside sources?
5. What measures are in place to safely re-supply currently deployed ships without unnecessarily exposing the crew to COVID-19?
6. Is there any requirement to extend personnel slated for retirement or separation to safely operate Navy vessels?  Can Congress provide additional incentive pay for Navy personnel whose separations, retirements, deployments or working conditions have been impacted by COVID-19?
7. Have you been in contact with the Department of Energy about the lessons learned from the COVID-19 outbreak on the USS Roosevelt for dissemination amongst nuclear power plants operating in the U.S.?
8. Are there any other authorities or resources the Navy requires to better secure the health and safety of Navy personnel & their families during this crisis? 

Thank you for your time and consideration. 

Sincerely, 

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) applauded an announcement by the U.S. Treasury Department, which said that Social Security recipients will not need to file tax returns and will automatically receive the direct cash assistance included in the CARES Act. 

This announcement follows a letter from Sen. Warner and 42 other colleagues, who raised alarms over guidance that the IRS issued earlier this week that said that Social Security beneficiaries would need to file tax returns in order to receive direct cash payments. This directly contradicted Congressional intent in drafting the CARES Act, which had made clear that the Treasury Department had the authority to send automatic direct cash assistance to Social Security beneficiaries regardless of whether they file taxes.

“The federal government should be making it easier – not harder – for our most vulnerable populations to get the assistance they need during this pandemic,” said Sen. Warner. “The folks who rely on Social Security are especially dependent on this help, as they are particularly vulnerable to the effects of COVID-19 and the economic fallout from this crisis. I’m pleased that the Treasury Department will no longer place an added burden on these individuals, and will instead get these dollars out quickly they way lawmakers intended when we passed the stimulus deal.”

In addition to Sen. Warner, the letter was signed by Sens. Maggie Hassan (D-NH) and Sherrod Brown (D-OH), as well as Bob Casey (D-PA), Chuck Schumer (D-NY), Ron Wyden (D-OR), Sheldon Whitehouse (D-RI), Thomas R. Carper (D-DE), Michael F. Bennet (D-CO), Robert Menendez (D-NJ), Catherine Cortez Masto (D-NV), Debbie Stabenow (D-MI), Benjamin L. Cardin (D-MD), Richard J. Durbin (D-IL), Jeanne Shaheen (D-NH), Richard Blumenthal (D-CT), Jacky Rosen (D-NV), Doug Jones (D-AL), Jack Reed (D-RI), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Gary C. Peters (D-MI), Tim Kaine (D-VA), Martin Heinrich (D-NM), Bernard Sanders (I-VT), Mazie K. Hirono (D-HI), Tom Udall (D-NM), Chris Van Hollen (D-MD), Tammy Duckworth (D-IL), Tammy Baldwin (D-WI), Angus S. King, Jr. (I-ME), Tina Smith (D-MN), Christopher A. Coons (D-DE), Patty Murray (D-WA), Kyrsten Sinema (D-AZ), Elizabeth Warren (D-MA), Cory Booker (D-NJ), Patrick Leahy (D-VT), Kirsten Gillibrand (D-NY), Chris Murphy (D-CT), and Maria Cantwell (D-WA).

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with U.S. Reps. Bobby Scott (D-VA), Rob Wittman (R-VA), Gerry Connolly (D-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Ben Cline (R-VA), Elaine Luria (D-VA), Denver Riggleman (R-VA) Abigail Spanberger (D-VA), and Jennifer Wexton (D-VA) sent a letter to President Donald Trump urging him to swiftly approve federal funding for the Virginia National Guard to help combat the COVID-19 outbreak. 

“We write to urge you to quickly approve the request made by Governor Ralph Northam for additional authorities and funding under Title 32 U.S. Code 502(f)(2)(A) to assist the Commonwealth of Virginia to combat the Novel Coronavirus (COVID-19) pandemic. Governor Northam requests this authority and funding for the Virginia National Guard as they work to respond to incidents related to the preservation of life and property in connection with COVID-19 emergency response efforts,” wrote the members of Congress in their letter to President Donald Trump. 

Several states across the country have begun to mobilize their National Guards to assist in their response to the coronavirus outbreak. Under Title 32, Virginia’s Governor would have the authority to deploy units to communities across the Commonwealth to help distribute food, support local test facilities, and assist first responders and health providers. Additionally, this request would allow the federal government to cover the cost for these critical missions.

On March 24, the Governor of Virginia determined the need to increase the Virginia National Guard force to full-time status in an effort to help with the coronavirus emergency response across the Commonwealth.

“We urge your prompt approval of this request so Governor Northam may fully task the Virginia National Guard as he finds necessary to support the Commonwealth’s COVID-19 response efforts in support of this National emergency declaration,” they concluded.

Earlier this week, the Senate approved a $2 trillion bipartisan coronavirus economic relief package that includes $1.4 billion for deployment of the National Guard. This funding level will sustain up to 20,000 members of the National Guard under the direction of the governors of each state for the next six months in order to support state and local response efforts to the health crisis. The House of Representatives will vote on the economic package later today.

A copy of the letter is available here and below.

The Honorable Donald J. Trump

President of the United States

The White House 

1600 Pennsylvania Avenue, N.W.

Washington, D.C. 20500 

Dear President Trump, 

We write to urge you to quickly approve the request made by Governor Ralph Northam for additional authorities and funding under Title 32 U.S. Code 502(f)(2)(A) to assist the Commonwealth of Virginia to combat the Novel Coronavirus (COVID-19) pandemic. Governor Northam requests this authority and funding for the Virginia National Guard as they work to respond to incidents related to the preservation of life and property in connection with COVID-19 emergency response efforts. 

On March 24, Governor Northam determined the need to increase the Virginia National Guard force to full time status and intends to utilize the Virginia National Guard to fulfill immediate COVID-19 emergency response requirements across the Commonwealth.

We urge your prompt approval of this request so Governor Northam may fully task the Virginia National Guard as he finds necessary to support the Commonwealth’s COVID-19 response efforts in support of this National emergency declaration. Thank you for your timely support to this important request.

Sincerely,

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) urged six internet networking device vendors to help ensure that their internet connectivity products remain secure as Americans across the nation ramp up their use of these devices for remote work, health, and education purposes as part of COVID-19 social distancing efforts. In letters to Google, Netgear, Belkin, Eero, Asus, and Commscope, Sen. Warner urged vendors to help ensure that their wireless access points, routers, modems, mesh network systems, and related connectivity products remain secure and cannot be easily exploited to attack consumer systems and workplace networks.

“As the COVID-19 pandemic unfolds, Americans will depend on connectivity products to receive telehealth; remain connected with family, colleagues, employers, and friends; and to receive news reports, and guidance from government and public health officials,” wrote Sen. Warner. “During this time, the security of consumer devices and networks will be of heightened importance.”

He continued, “I request your attention and diligence to help protect the consumer devices you sell. Both new and older devices in use deserve protection from cybersecurity threats, including timely updates to mitigate vulnerabilities and exposures.”

As the COVID-19 outbreak continues to spread, and workplaces, schools, and businesses shut their doors as part of social distancing efforts, Americans are increasingly relying on their home networks and personal internet connectivity devices. However, without proper cybersecurity measures, these home devices can pose a risk to larger workplace systems, potentially creating a door for bad actors to infiltrate these networks. 

According to CNBC, cyberthreats – including phishing and other cyber scams – have increased amid the COVID-19 outbreak, as online criminals look to take advantage of home network vulnerabilities and stressed IT systems.

In the letters, Sen. Warner urged vendors to continue to issue timely security updates in order to mitigate known cybersecurity vulnerabilities. Additionally, he stressed the importance of having vendors notify consumers who may own devices that are no longer able to receive critical updates and are therefore no longer protected from cybersecurity threats.

Sen. Warner also highlighted his Internet of Things (IoT) Cybersecurity Improvement Act – a bipartisan bill he introduced last year that would improve the cybersecurity of Internet-of-Things devices and help ensure that vendors of key information technology products maintain coordinated vulnerability programs.

A full list of Sen. Warner’s work to protect Americans amid the COVID-19 outbreak is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after voting in favor of a $2 trillion bipartisan package to provide financial relief to businesses and families as well as hospitals and local governments during the novel coronavirus (COVID-19) pandemic: 

“This is not the first step Congress has taken to deal with the COVID-19 pandemic, nor will it be the last. This bill provides significant financial relief to our families and businesses struggling with the effects of widespread closures and other public health measures. It greatly expands access to unemployment benefits – including, for the first time, gig workers, contractors and the self-employed –  and includes tax credits and other incentives I negotiated with the Trump Administration to help small businesses keep workers on payroll and keep them from going out of business during this crisis. This bipartisan bill also includes a massive infusion of resources for hospitals, frontline caregivers, and states and localities dealing with the brunt of COVID-19. I strongly urge the House of Representatives to pass this bill without delay, so that we can get this urgently-required relief to those who so badly need it.

“This is a challenge unlike any we have faced in recent memory, but I believe that we as a country can and will get through this together. I will remain in close touch with state, local and health officials to ensure that we are doing everything possible to provide the resources needed to fight the coronavirus.”

Previously, the President signed a bipartisan $8.3 billion emergency funding bill that directed needed resources to federal, state and local agencies responding to coronavirus. This legislation immediately provided Virginia with $13.3 million in federal funding to help cover the costs of preparations for this public health emergency. It also included language based on Sen. Warner’s CONNECT for Health Act of 2019, which reduces restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

On March 18, the President signed a second bipartisan coronavirus response bill that focused on the immediate economic impact of the coronavirus. This legislation expanded paid sick leave to many Americans, cut restrictions on unemployment insurance for workers who have lost their jobs or had their hours cut, and guaranteed freed coronavirus testing. It also included significant emergency funding for Medicaid, nutrition assistance, state unemployment programs, and coronavirus testing at Department of Veterans Affairs medical centers.

Today’s legislation provides for $1,200 in direct payments to most Americans, and includes billions of dollars in lending and grant programs designed to help businesses, workers and municipalities survive this crisis, along with strong transparency and accountability measures to make sure that federal funding doesn’t go towards stock buybacks or bonuses for corporate executives. Today’s bipartisan bill also provides for $150 billion for hospitals and other public health infrastructure, part of an unprecedented investment that Sen. Warner and other Democrats fought to include as our frontline responders struggle under the weight of the coronavirus pandemic. It also includes an important change to existing tax policy allowing employers, for the first time, to use pre-tax dollars to help pay down employees’ student debt – provision modeled after Sen. Warner’s bipartisan Employer Participation in Repayment Act.

A more comprehensive list of Sen. Warner’s work to protect Americans amid the coronavirus outbreak is available here.  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sens. Amy Klobuchar (D-MN), Lisa Murkowski (R-AK), and Bob Casey (D-PA), along with Senators Chris Coons (D-DE), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY), Ed Markey (D-MA), Mazie Hirono (D-HI), Jack Reed (D-RI), Jacky Rosen (D-NV), Tina Smith (D-MN), Kamala Harris (D-CA), Sherrod Brown (D-OH), Dick Durbin (D-IL), Maggie Hassan (D-NH), Bob Menendez (D-NJ), Elizabeth Warren (D-MA), Catherine Cortez Masto (D-NV), Jon Tester (D-MT), Cory Booker (D-NJ), Ron Wyden (D-OR), and Sheldon Whitehouse (D-RI), in writing a letter expressing concern for the wellbeing of families who face an increased risk of domestic violence during the outbreak of the novel coronavirus and urged the Administration to ensure service providers have the flexibility and resources to help victims and survivors of domestic violence.

“We write to express our concern for the wellbeing of families who face an increased risk of domestic violence during the outbreak of the novel coronavirus (COVID-19). We also ask that the Administration for Children and Families (ACF) and the Office on Violence Against Women (OVW) ensure that the organizations that help victims and survivors of domestic violence have the resources and information needed to continue to provide these critical services during the pandemic,” the senators wrote.

The full text of the letter can be found HERE and below:

Dear Assistant Secretary Johnson and Acting-Director Rogers:

We write to express our concern for the wellbeing of families who face an increased risk of domestic violence during the outbreak of the novel coronavirus (COVID-19). We also ask that the Administration for Children and Families (ACF) and the Office on Violence Against Women (OVW) ensure that the organizations that help victims and survivors of domestic violence have the flexibility, resources, and information needed to continue to provide these critical services during the pandemic. 

In recent weeks, states and cities across the country have taken a variety of steps to mitigate the spread of the virus, including closing schools, limiting access to public spaces and restaurants, and instructing people to shelter in place. Many people are now working from home, while others have been required to take unpaid leave or have lost their jobs.

An unintended but foreseeable consequence of these drastic measures will be increased stress at home, which in turn creates a greater risk for domestic violence. According to one recent article, emergency situations have “historically led to increased reports of domestic abuse” to the National Domestic Violence Hotline. In addition, domestic violence service providers expect an increase in the need for emergency childcare and domestic violence shelters, as well as for supplies to keep centers and program sites safe and secure.

Many of these programs are administered by your offices and funded through grants authorized by the Family Violence Prevention and Services Act and the Violence Against Women Act. It is critical that your agencies ensure that victims and survivors of domestic violence continue to have access to these vital services. Accordingly, we request answers to the following questions, as well as a telephonic briefing with members of our staff, regarding actions ACF and OVW are taking no later than March 31, 2020:

1. Have the domestic violence programs that ACF and OVW administer seen an increase in need over the past 60 days, as a result of the COVID-19 mitigation efforts in place at the local, state, and federal level? If so, please provide detail, to the extent possible, broken down by state or territory.

2. How have the domestic violence programs administered by your offices been strained as a result of the ongoing COVID-19 pandemic?

3. What steps have ACF and OVW taken to prepare for a potential rise in the need for domestic violence programs or services?

4. What will ACF and OVW do to provide organizations an opportunity to request additional financial support to respond to an increased demand for services?

5. What steps has ACF and OVW taken to ensure that survivors continue to have to access to judicial proceedings, including the opportunity to seek a protective order?

6. What steps will ACF and OVW take to provide greater flexibility for service providers who may be required to alter their programs without risking their eligibility for funding?

7. If programs have to close or suspend services due to COVID-19, will ACF and OVW offer grantees flexibility to continue to support the programs’ employees?

8. What information or resources have you made available to domestic violence organizations, particularly with regard to ensuring the safety of front line employees?

9. Have ACF and OVW provided guidance about how organizations should alter their operations in order to maintain services while providing for the safety of staff, including remote or mobile operations? 

10. What additional guidance or resources are ACF and OVW providing domestic violence organizations that serve American Indians / Alaska Natives, rural, and underserved communities?

Thank you for your attention to this important matter. We urge you to take immediate action to prepare for a potential increase in incidents of domestic violence and look forward to your prompt response. 

Sincerely,

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

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

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

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

1. What is the current status of supplies in the Strategic National Stockpile (SNS) that may be used in the COVID-19 response? Please include data on which, and the number of, pharmaceuticals, personal protective equipment, and any other medical supplies currently in the SNS that may be utilized in the response. 

2. What is the current nationwide status of supplies and equipment available to test for and treat COVID-19 and what is the quantity of supplies and equipment the administration has determined is necessary to fully provide states, local, and tribal organizations with what they need throughout the length of the pandemic? Please include the quantity of personal protective equipment (including N95 Respirators and Surgical Masks, gloves, gowns, face shields, eye protection), testing supplies (including reagents and swabs), and ventilators that is currently available and the quantity needed throughout the length of the pandemic.

3. What is the current total nationwide COVID-19 diagnostic testing capacity for public health, commercial, and academic laboratories per day? What is your plan to increase testing capacity? When will testing capacity be sufficient to be fully responsive to the current outbreak? 

4. What is your plan to mobilize the private industry to manufacture supplies and equipment under the DPA and what is your timeline on invoking that power? 

5. What is your plan for using the MEP network to identify manufacturers with excess or idle production capacity? What are your plans for organizing MEP (Hollings Manufacturing Extension Partnership) and National Institute of Standards and Technology expertise and resources to optimize production?

The letter is available HERE and below.

March 21, 2020

Dear President Trump and Vice President Pence:

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

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

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

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

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

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

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

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

Sincerely,  

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, pushed the Department of Defense (DoD) to issue guidance for uniformed, civilian, and contractor personnel to help them better understand their options for paid leave and telework amid the COVID-19 outbreak. In a letter to Secretary Mark T. Esper, Sen. Warner requested that the DoD clarify what types of leave are applicable in a variety of COVID-19 related scenarios, and provide guidance on the types of DoD workers that are eligible for telework.

“An area of particular concern is how administrative leave, weather and safety leave, sick leave, and annual leave apply under a variety of COVID-19 related scenarios,” wrote Sen. Warner. “These personnel should not face uncertainty or obstacles in their efforts to preserve our individual or collective health.” 

Currently, there is fragmentation in the DoD’s current leave policy that creates ambiguity regarding the kind of leave that would apply if employees needed to take time off work in the event that they were symptomatic, exposed but not symptomatic, or if they needed to care for family members who have contracted COVID-19. 

In his letter, Sen. Warner, who has heard from several Virginians who have been forbidden from teleworking despite considerable safety concerns, also urged the DoD to clarify which employees occupy mission-critical positions, and which are eligible for telework.

“The Office of Management and Budget (OMB) and Office of Personnel Management (OPM) issued guidance for agencies to expand telework flexibility, but at present, guidance issued by OMB, OPM, and the Department have ambiguity that is creating confusion and anxiety,” he continued. “Personnel whose duties and responsibilities do not immediately contribute to a critical national security function would benefit from a clear directive instructing them to work remotely and would make a significant impact for our nation.”

In his letter, Sen. Warner encouraged the Department to create further telework options, as appropriate, for employees currently deemed ineligible for telework in order to protect their safety and health and that of their family members. He also emphasized that any guidance should be consistent and transparent for all eligible personnel stationed across the country and abroad.  

Sen. Warner has been a strong advocate for federal workers amid the COVID-19 outbreak. Yesterday, he led seven of his Senate colleagues in calling on the Office of Management and Budget (OMB) and Office of Personnel Management (OPM) to post department and agency contingency plans amid the COVID-19 outbreak as more federal agencies begin to ramp up teleworking capabilities. Additionally, he has urged President Trump to immediately issue an executive order directing agencies to utilize telework capabilities to the maximum possible extent, and has called on the House and Senate to address the potential financial hardship for Congress’ support workforce if their work schedules are unexpectedly disrupted as the result of changes to congressional operations.

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

The Honorable Mark T. Esper

Secretary

U.S. Department of Defense 

Washington, D.C.  20301

Dear Secretary Esper:

I write to ask you to clarify personnel policy governing the Department’s response to COVID-19 so that uniformed, civilian, and contractor personnel better understand how they can and should adapt to minimize the spread and impact of this virus.

An area of particular concern is how administrative leave, weather and safety leave, sick leave, and annual leave apply under a variety of COVID-19 related scenarios, to include for personnel whose normal duty station is a classified facility, whether personnel occupy a mission critical position or not, if they are symptomatic or exposed but not symptomatic, and if they must care for family members who have contracted COVID-19.

These personnel should not face uncertainty or obstacles in their efforts to preserve our individual or collective health. The Office of Management and Budget (OMB) and Office of Personnel Management (OPM) issued guidance for agencies to expand telework flexibility, but at present, guidance issued by OMB, OPM, and the Department have ambiguity that is creating confusion and anxiety.  For example, personnel should have due flexibility to telework, as appropriate, to protect their safety and health and that of their family members.

Personnel whose duties and responsibilities do not immediately contribute to a critical national security function would benefit from a clear directive instructing them to work remotely and would make a significant impact for our nation.  For personnel deemed ineligible for telework, the Department should investigate and create further options, when possible, to temporarily make them eligible. The urgency for the Department to take necessary steps and clarify concerns about telework options for personnel will ensure personnel do not feel aggrieved during the outbreak of COVID-19.  This guidance should be consistent and transparent for all eligible personnel stationed across the country and abroad.

Maintaining a healthy workforce with confidence in the government’s commitment to their welfare is of the utmost importance to us.  Thank you in advance for your prompt response and attention to this matter.

I look forward to working with you to address this matter of urgent priority.

Sincerely,

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

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

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

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

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

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

Dear Secretary Azar: 

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

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

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

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

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

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

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

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

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

Sincerely,

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