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

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

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

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

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

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

The Honorable Dale Cabaniss

Director, Office of Personnel Management

1900 E Street, NW

Washington, D.C.  20415

Ambassador Richard Grenell

Acting Director of National Intelligence

Washington, D.C.  20511

Dear Director Cabaniss and Acting Director Grenell:

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

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

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

Thank you for your prompt attention to this matter.

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

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

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

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

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

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

The Honorable Michael R. Pence

Vice President of the United States of America

The White House

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Dear Vice President Pence:

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

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

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

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

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

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

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

Sincerely,

###

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

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

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

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

Background on the Secure 5G and Beyond Act:

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

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

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

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

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

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

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

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

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

March 10, 2020

The Honorable Elaine Chao

Secretary of Transportation

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington, D.C. 20590

The Honorable Mike Pompeo

Secretary of State

U.S. Department of State

2201 C Street NW

Washington, D.C. 20520

Dear Secretary Chao and Secretary Pompeo:

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

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

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

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

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

Sincerely,

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) sounded the alarm regarding America’s overreliance on Chinese- and foreign-made pharmaceutical products and supplies, and highlighted the dangerous consequences of this dependence on the wellbeing of Americans and on U.S. national security. In a letter to the U.S. Department of Health and Human Services, Sen. Warner requested that HHS develop a short-term strategy to ensure Americans have access to necessary medical products, and a long-term plan to reduce reliance on foreign supply chains.

“For millions of Americans, access to their drug supply can mean life or death. Yet increasingly, the United States produces very few of these products domestically,” wrote Sen. Warner. “For example, the active ingredients for medicines treating breast and lung cancers and the antibiotic Vancomycin are made almost exclusively in China.  China is also the largest supplier of medical devices, such as MRI equipment, surgical gowns and other equipment that measures oxygen levels in the blood.”

“As the outbreak for COVID-19 has occurred, the risks of our dependence are growing.  Our reliance on Chinese and other foreign API manufacturing facilities during this crisis is already beginning to compromise the U.S. drug supply, creating drug shortages and manufacturing quality problems. Some countries have increased restrictions on the export of their pharmaceuticals to the United States and other countries as they work to protect their own populations. For example, India recently decided to place restrictions on exporting Tylenol and the common antibiotic metronidazole to ensure Indian citizens have the pharmaceuticals they need,” he continued. “The nation’s dependence on foreign countries for medical products points to a much larger challenge that the United States must be prepared to address: China’s growing dominance in the health sector, including the biotechnology and pharmaceutical industries, and its collection of vast amounts of biomedical and other data, with potential long-term privacy risks for Americans.”

In the letter, Sen. Warner cited the testimony of Janet Woodcock, the Director of the Center for Drug Evaluation and Research who testified before the House Committee on Energy and Commerce about the growing U.S. reliance on foreign sources of active pharmaceutical ingredients (APIs). According to Director Woodcock, only 28 percent of manufacturing facilities making APIs for the U.S. market are in the United States, and three of the “essential medicines” identified by the World Health Organizations have API manufacturers that are based only in China.  

Additionally, Sen. Warner requested a briefing and a written response to the following questions:

1. What actions has HHS taken to address the dependence on Chinese or other foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment since the outbreak of the COVID-19?
2. What is your strategy to ensure that Americans get the pharmaceuticals they need if significant shortages occur? 
3. As the coronavirus continues to spread, what actions has HHS taken to ensure that patients can still access the drugs they need without access to drug components manufactured overseas?
4. What is your analysis of what drugs or ingredients cannot be made without supplies from China and other foreign countries?
5. What is your plan to ensure that medical facilities, medical personnel and first responders have a reserve of necessary medical supplies and equipment as they continue to be on the front lines of efforts to prevent the spread of COVID-19?
6. Congress recently passed the Coronavirus Preparedness and Response Supplemental Appropriations Act, which includes more than $2 billion for the Biomedical Advanced Research and Development Authority (BARDA) to invest in platform-based technologies with U.S-based manufacturing for vaccines and therapeutics. How will HHS ensure these funds effectively reduce our short and long-term reliance on foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment?

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

Secretary Alex Azar

U.S. Department of Health and Human Services

200 Independence Avenue, S.W.

Washington, D.C. 20201

Dear Secretary Azar:

As the novel coronavirus (COVID-19) continues to spread globally, I write to convey my significant alarm over American overreliance on Chinese – and foreign-manufactured pharmaceutical products and medical supplies and the consequent dangerous impacts – both for the health and well-being of Americans and for U.S. national security.  I ask the Department of Health and Human Services to monitor the potential impact of this overreliance, and develop a strategy to ensure Americans have access to these medical products in the short-term while determining a longer-term plan to reduce U.S. reliance on foreign supply chains for these products.

As you are well aware, the COVID-19 was first detected in Wuhan, China and has now spread to more than 104 countries. There have been more than 109,000 cases confirmed and more than 3,800 deaths. For some time, experts both in and outside of the government have expressed serious concerns about the United States outsourcing medical products to foreign companies and the vulnerabilities resulting from this dependence. The outbreak of COVID-19 has put in stark relief the health, economic, and strategic risks of the current approach. 

For millions of Americans, access to their drug supply can mean life or death. Yet increasingly, the United States produces very few of these products domestically.  For example, the active ingredients for medicines treating breast and lung cancers and the antibiotic Vancomycin are made almost exclusively in China.  China is also the largest supplier of medical devices, such as MRI equipment, surgical gowns and other equipment that measures oxygen levels in the blood. 

During her October 30, 2019 testimony before the House Committee on Energy and Commerce, the Director of the Center for Drug Evaluation and Research, Janet Woodcock, asserted that the U.S. reliance on Chinese and other foreign sources of active pharmaceutical ingredients (APIs) was only growing. She described a set of startling statistics— while the United States has become a world leader in drug discovery and development over the past decade, it is no longer in the forefront of drug manufacturing.  In particular, manufacturers of APIs, including statins and penicillin are increasingly foreign-made– with only 28 percent of the manufacturing facilities making APIs for the U.S. market in the United States; thirteen percent of these manufacturers are located in China.   The U.S. pharmaceutical sector relies on China for components, materials, and finished products.   In fact, three World Health Organization (WHO) “Essential Medicines” have API manufacturers that are based only in China.   For drugs used to combat biological threats, China has 37 API manufacturing facilities, while the U.S. has 19, compared to 117 facilities in the rest of the world.  

As the outbreak for COVID-19 has occurred, the risks of our dependence are growing.  Our reliance on Chinese and other foreign API manufacturing facilities during this crisis is already beginning to compromise the U.S. drug supply, creating drug shortages and manufacturing quality problems. Some countries have increased restrictions on the export of their pharmaceuticals to the United States and other countries as they work to protect their own populations. For example, India recently decided to place restrictions on exporting Tylenol and the common antibiotic metronidazole to ensure Indian citizens have the pharmaceuticals they need.

The nation’s dependence on foreign countries for medical products points to a much larger challenge that the United States must be prepared to address: China’s growing dominance in the health sector, including the biotechnology and pharmaceutical industries, and its collection of vast amounts of biomedical and other data, with potential long-term privacy risks for Americans.

It is essential that the United States develop strategies to reduce U.S. reliance on China and other countries for drugs critical to American patients. I appreciate your willingness to work with Congress to further strengthen our response capabilities and emergency preparedness.

I respectfully request a briefing [and a written response] with answers to the following questions no later than March 23, 2020.

1. What actions has HHS taken to address the dependence on Chinese or other foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment since the outbreak of the COVID-19?
2. What is your strategy to ensure that Americans get the pharmaceuticals they need if significant shortages occur? 
3. As the coronavirus continues to spread, what actions has HHS taken to ensure that patients can still access the drugs they need without access to drug components manufactured overseas?
4. What is your analysis of what drugs or ingredients cannot be made without supplies from China and other foreign countries?
5. What is your plan to ensure that medical facilities, medical personnel and first responders have a reserve of necessary medical supplies and equipment as they continue to be on the front lines of efforts to prevent the spread of COVID-19?
6. Congress recently passed the Coronavirus Preparedness and Response Supplemental Appropriations Act, which includes more than $2 billion for the Biomedical Advanced Research and Development Authority (BARDA) to invest in platform-based technologies with U.S.-based manufacturing for vaccines and therapeutics. How will HHS ensure these funds effectively reduce our short- and long-term reliance on foreign manufacturers of drugs, APIs, or other pharmaceutical products and medical supplies and equipment?

I appreciate your immediate attention to this matter.  I look forward to working together on this critical issue moving forward.

Sincerely,

###

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine released the following statement on today’s announcement that a Marine at Fort Belvoir in Virginia has tested positive for the coronavirus:

“We are carefully monitoring the case of the coronavirus announced in Virginia today and are committed to doing everything we can to ensure the Commonwealth is getting the federal support it needs to respond. This week, we voted to pass a bipartisan emergency funding bill that directs needed resources to Virginia and other states – including funding for diagnostic testing, vaccine development, and additional resources for responders who are combating this outbreak. We will be staying in close touch with state officials on the frontlines, and we are prepared to act if it is determined that additional federal resources are needed to respond to the spread of this virus. We encourage all Virginians to check the Virginia Department of Health website for valuable updates and information on COVID-19 and heed the calls of public health professionals to protect against its spread.”

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with U.S. Reps. Gerry Connolly (D-VA), Don Beyer (D-VA), and Jennifer Wexton (D-VA), urged the Metropolitan Washington Airports Authority (MWAA) to protect airport employees and travelers amid reports of the first cases of the coronavirus in the national capital region. MWAA is the entity that manages Dulles International Airport and Reagan National Airport, with 48.8 million travelers passing through both airports in 2019. 

“As many organizations around the country formulate their responses to the recent outbreak and spread of the novel coronavirus, or COVID-19, we write to discuss the steps that the Metropolitan Washington Airports Authority (MWAA) is taking to protect travelers in its facilities,” wrote the members of Congress. “Dulles International Airport and Reagan National Airport are two of the busiest airports in the region, serving as a gateway that connects the Washington D.C. area with the rest of the country and the world.  Each day, on average, more than 66,000 and 64,000 travelers pass through Dulles and Reagan National, respectively.” 

As of February 3, 2020, Dulles International Airport was one of eleven airports across the country tapped by the Department of Homeland Security (DHS) to institute enhanced health screenings for all passengers traveling to the United States from China. Recently, DHS expanded that travel screening list to include individuals who have recently traveled to Iran.   

With the first confirmed cases of the virus in the Washington, D.C. region in the last 24 hours, the members of Congress urged MWAA to take critical safety measures to prevent an outbreak from spreading to travelers at these major airports.  

“As are many Americans, we are concerned by the fast-paced spread of the virus we have seen so far. We want to make sure that every effort is being made to slow the spread of the virus through our travel centers – most importantly our airports, which connect the region with countries that have had widespread outbreaks of the virus. While many Americans will need to practice social distancing in some way, we recognize that air travel, for many, is still very much a necessary part of their lives, whether for personal or business reasons,” they continued. “That is why we hope that our two large airport facilities in the area will do everything possible to ensure the safety of travelers who use Dulles and Reagan National in the coming weeks and months. The more we can slow the spread of the virus, the more time it gives healthcare professionals in our area to prepare, which will result in better care for those potentially affected.” 

The letter is available here and below.

John E. Potter

President and Chief Executive Officer

Metropolitan Washington Airports Authority

1 Aviation Circle

Washington, D.C. 20001

Dear Mr. Potter:

As many organizations around the country formulate their responses to the recent outbreak and spread of the novel coronavirus, or COVID-19, we write to discuss the steps that the Metropolitan Washington Airports Authority (MWAA) is taking to protect travelers in its facilities.  Dulles International Airport and Reagan National Airport are two of the busiest airports in the region, serving as a gateway that connects the Washington D.C. area with the rest of the country and the world.  Each day, on average, more than 66,000 and 64,000 travelers pass through Dulles and Reagan National, respectively.

Beginning in late January, the Department of Homeland Security (DHS) required flights with passengers arriving from or having stayed in China to arrive only at specific airports with enhanced public health services and protocols.  On February 3, 2020, DHS expanded this list of airports to include Dulles.  DHS has now expanded travel restrictions to people who have recently traveled to Iran. 

As stated by DHS in its directive: “[e]ntry screening is part of a layered approach used with other public health measures already in place to detect arriving travelers who are exhibiting signs of illness, reporting of ill travelers by air carriers during travel, and referral of ill travelers arriving at a U.S. port of entry by U.S. Customs and Border Protection (CBP) to appropriate public health officials to slow and prevent the spread of communicable disease into the United States.” In addition to these DHS arrival protocols, the State Department has also issued “Level 3” travel advisories for other countries – Italy and Korea – advising people to reconsider travel due to recent outbreaks of COVID-19.

The first cases of COVID-19 in the Washington D.C. region were confirmed in the last 24 hours.  As are many Americans, we are concerned by the fast-paced spread of the virus we have seen so far.  We want to make sure that every effort is being made to slow the spread of the virus through our travel centers – most importantly our airports, which connect the region with countries that have had widespread outbreaks of the virus.  While many Americans will need to practice social distancing in some way, we recognize that air travel, for many, is still very much a necessary part of their lives, whether for personal or business reasons.  That is why we hope that our two large airport facilities in the area will do everything possible to ensure the safety of travelers who use Dulles and Reagan National in the coming weeks and months.  The more we can slow the spread of the virus, the more time it gives healthcare professionals in our area to prepare, which will result in better care for those potentially affected. 

We appreciate the steps that MWAA, CBP, the Centers for Disease Control and Prevention, and the airlines are taking in terms of identification and screenings.  We must work together to ensure we are doing everything possible to protect travelers, airport employees, and Virginians in the surrounding communities.  We also ask that you please keep us apprised of your ongoing response to the virus.  We stand ready to help in any way we can.

Sincerely, 

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WASHINGTON – Today U.S. Sen. Mark R. Warner urged leading gig worker platform companies to commit that independent contractors who deliver their services will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus.

In letters sent to the CEOs of Uber, Postmates, Lyft, Instacart, Grubhub, and DoorDash, some of the leading U.S. gig worker platform companies, Sen. Warner wrote, “As the United States mobilizes to respond to the recent outbreak and spread of COVID-19, the novel coronavirus, I write to urge you to publicly commit to prioritizing your workers’ economic security and the broader public health during this response.”

He continued, “I strongly urge that you attempt to address the potential financial hardship for your workers if they are sick or have to self-quarantine during this time. In order to limit the spread of COVID-19, it is critical that platform companies lead by example by committing that economic uncertainty will not be deterrents to their workers following public health guidance during the response.” 

In the letters, Sen. Warner acknowledged efforts by some platform companies to provide guidance to workers about how to protect themselves and customers against the spread of coronavirus. However, as the Washington Post recently wrote, gig workers – and contingent workers more broadly – are among the most vulnerable workers to a potential spread of the coronavirus. Because they are classified by platform companies as independent contractors, many gig workers do not have access to paid leave, employer-provided health insurance, and other benefits. As a result, many of these workers risk missing income or paying high out-of-pocket healthcare costs if they fully comply with public health instructions to be tested, self-quarantine, or take other “social distancing” measures. 

Yesterday, Sen. Warner led a group of 14 Senators in urging major U.S. employers to commit that workers will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus. He also joined with Sen. Tim Kaine (D-VA) in sending a similar letter to the Virginia Chamber of Commerce.

This morning, the President signed a bipartisan $7.8 billion emergency coronavirus response funding bill that Sen. Warner voted for in the Senate. The legislation also includes 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.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led a group of 14 Senators in urging major U.S. employers to commit that workers will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus.

In a letter to major industry groups, which together represent thousands of major companies employing millions of Americans, the Senators wrote, “As the United States mobilizes to respond to the recent outbreak and spread of COVID-19, the novel coronavirus, we write to urge your member companies to prioritize their employees’ health, economic well-being, and security during this response. The companies you represent are some of the largest, most high profile companies in the United States.  The broader business community watches their actions closely and we believe they have an opportunity, and an obligation, to lead in this moment.”

Continued the Senators, “No one should be penalized by their employer or put in any financial duress for following CDC guidance. To that end, we encourage your member companies to commit to ensure that any employees or contractors who follow novel coronavirus-related guidance from public health authorities can count on basic protections like preservation of their employment status and basic financial forbearance.”

Specifically, the Senators called on employers to:

• Ensure that workers will not lose their jobs if they are forced to self-quarantine or stay home to care for a sick family member;
• Not require employees under quarantine to deplete sick or annual leave;
• Offer flexible scheduling options, including telework and unscheduled leave, if employees are unable to report to work;
• Ensure workers have access to financial assistance in the event of a sustained or widespread disruption due to coronavirus;
• And work with insurance providers to ensure that workers can affordably access preventive care and treatment for coronavirus.

In addition to Sen. Warner, the letter was signed by Sens. Richard Blumenthal (D-CT), Kirsten Gillibrand (D-NY), Sherrod Brown (D-OH), Tim Kaine (D-VA), Doug Jones (D-AL), Sheldon Whitehouse (D-RI), Ben Cardin (D-MD), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Mazie Hirono (D-HI), Bob Menendez (D-NJ), and Chris Van Hollen (D-MD). Copies of the letter were sent to the Business Roundtable, the U.S. Chamber of Commerce and the National Association of Manufacturers.

A similar letter was sent to the Virginia Chamber of Commerce by Sens. Warner and Kaine.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued a statement today after the Senate approved a bipartisan emergency funding bill to combat the coronavirus (COVID-19) on a 96-1 vote:

“We are pleased that Congress quickly passed this important coronavirus response package on a bipartisan basis, and with sufficient funding to meet the threat posed by the COVID-19 outbreak. While the Trump Administration's initial $1.25 billion request fell far short of what state and federal agencies need to combat the spread of coronavirus, this $8.3 billion package will immediately direct needed resources to Virginia and other states – including funding for diagnostic testing, vaccine development, and additional resources for state and local responders who are on the front lines of a potential pandemic,” said the Senators. “This legislation is about making sure costs don't get in the way of a strong response to the threat posed by the coronavirus. Once it is signed into law, the Commonwealth will immediately receive $13.3 million in federal funding to help cover the costs of preparations for this public health emergency.”

“With the President's signature, state and local agencies in Virginia will be able to apply for further federal funds to reimburse for the costs of detecting, tracking and controlling the spread of the virus. While Virginia is fortunate that we have not experienced an outbreak, this bill sets aside $350 million that will be available to local authorities if our region does get hit. It also provides $500 million for masks, medication, protective equipment, and other much-needed medical supplies that can be distributed directly to hospitals and local health care providers. We are committed to working with federal, state and local health officials to make sure the Commonwealth is getting the federal support it needs to prepare for coronavirus, and we encourage all Virginians to follow the guidance of public health professionals to protect against its spread,” concluded the Senators.

The legislation also includes 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.

Earlier today, the Sens. Warner and Kaine wrote to the leadership of the Virginia Chamber of Commerce encouraging the organization's member businesses to commit that workers will not be penalized for following recommended health procedures to protect the public from further spread of the coronavirus. Sen. Warner also led a group of 14 Senators in urging major U.S. employers to make the same commitment. 

In a letter sent yesterday, the Senators urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness. In a separate letter, the Senators called on the Trump Administration to end efforts to undermine the Affordable Care Act that could jeopardize America's coronavirus response.

These letters represent the latest in a series of efforts by the Senators to push for a robust response to the threat of coronavirus. In January, Sens. Warner and Kaine asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources needed to respond to the coronavirus. Earlier this week, in a letter to Vice President Mike Pence – who has been tasked with coordinating the federal government’s coronavirus response – Sen. Warner expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus and urged the Vice President to devote the resources, expertise, and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public. This week, Sen. Kaine joined letters calling on Secretary of Education Betsy DeVos and Secretary of Labor Eugene Scalia to provide details on their Departments’ plans for preparedness and response efforts to protect the safety and health of students, teachers, school staff, and workers in light of the emerging threat of the novel coronavirus.

The House of Representatives passed this coronavirus response package yesterday by a 415-2 vote. With Senate approval, the bill now heads to the President's desk, and President Trump has announced he intends to sign it into law.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Patty Murray, Ron Wyden and 35 of their Democratic colleagues in demanding that Secretary of Health and Human Services (HHS) Alex Azar take immediate action to address the many ways the Trump Administration’s health care sabotage has undermined our preparedness for and ability to respond to the novel coronavirus outbreak. Specifically, the Senators asked Secretary Azar to commit to making any potential coronavirus vaccine affordable to all, stop promoting junk plans that don’t cover the care necessary to prevent the spread of the virus, and stop promoting efforts to undermine Medicaid that jeopardize people’s health care.

Warner and Kaine believe no patient should be discouraged from accessing necessary medical care because of the risk of large bills or a lack of health coverage—especially the midst of a public health threat. But, as the Senators outlined in their letter to Azar, the Trump Administration has advanced a laundry list of policies that have made it harder for patients to get care, and thus weakened our ability to respond effectively to the coronavirus outbreak.

“When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being deterred by the risk of large bills. Patients often forego recommended tests and treatments because of cost,” said the Senators. “For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it, and this Administration’s numerous policies that make it harder for patients to get care during an outbreak.”

The Senators urged HHS to prioritize our nation’s public health and:

• Commit to ensuring any future coronavirus vaccine is affordable for all. The Trump Administration has thus far refused to put in place price guardrails that would ensure everyone could access a potentially critical vaccine.
• Rescind the junk plan rule. The Trump Administration has expanded and promoted junk plans that discriminate against people with pre-existing conditions  and don’t cover essential health benefits like hospital care, emergency care, laboratory services, or preventive services. These plans have already left a patient with an exorbitant bill for necessary care to help combat the spread of coronavirus. Junk plans could even stick patients with the bill for a potential coronavirus vaccine.
• Withdraw the 1332 waiver guidance. The Administration released guidance encouraging states to apply for waivers that allow for the sale of coverage that doesn’t meet consumer protections for comprehensiveness and affordability. Reducing the comprehensiveness of coverage could leave patients paying bills for necessary care, like tests or vaccines.
• Stop working to undermine Medicaid by promoting barriers like work requirements. Medicaid is crucial to our ability to respond to public health crises, but the Trump Administration’s attacks–like promoting harmful work requirements–have already led to patients being kicked off the program and losing access to health care.

The Senators also urged the Administration to stop undermining the Affordable Care Act (ACA) with a partisan lawsuit. If the lawsuit is successful, millions of families could lose access to health care or be covered only by a junk plan, and any patient who contracts the coronavirus could face future discrimination from insurers for having a pre-existing condition.

The full text of the letter is below and HERE.

Dear Secretary Azar,

We write to express our serious concern that this Administration’s health care sabotage and absence of a plan to lower drug prices undermine our ability to respond to the 2019 Novel Coronavirus (COVID-19) and future infectious disease outbreaks within the United States. In a February 25^th briefing, the Centers for Disease Control and Prevention (CDC) indicated that a domestic COVID-19 outbreak is inevitable, warning “it’s not a question of if, but rather a question of when and how many people in this country will have severe illness.”^[1] It is clear that all available measures should be employed to address this urgent public health threat.

When a patient who has potentially been exposed to the virus develops symptoms consistent with COVID-19, they should be able to seek appropriate medical care without being worried they cannot afford it. Patients often forego recommended tests and treatments because of cost.^[2] For this reason, we are deeply concerned both by your refusal to commit that a potential vaccine for coronavirus will be affordable to anyone who needs it,^[3] and by this Administration’s numerous policies that make it harder for patients to get care during an outbreak.

In testimony before the House Energy and Commerce Committee this week, when asked whether your Department would ensure that a vaccine will be affordable for anyone who needs it, you replied that you would “work to make it affordable,” but stopped short of committing that patients and families would be able to afford a vaccine. One consumer advocacy group estimates that the National Institutes of Health (NIH) have already invested $700 million in coronavirus research, while this Administration is refusing to place guardrails around the cost of a potentially critical vaccine in the middle of a global outbreak.^[4] We call on you to commit -- as Administration policy -- that anyone who needs it will be able to afford a vaccine for coronavirus.

This Administration’s health care sabotage also undermines readiness for a COVID-19 outbreak in the United States by endangering patient access to care.  The Administration has promoted junk insurance plans that can discriminate against people with pre-existing conditions and that do not comply with consumer protections like the essential health benefits and out-of-pocket limitations, distorted 1332 waivers to permit states to undermine the market for comprehensive coverage, and proposed damaging changes to Medicaid – which is critical to helping states react to public health emergencies – like block grants and work requirements.

Just this week, a patient in Miami, Florida presented at a hospital with flu-like symptoms after returning from a work trip to China.^[5] He realized his symptoms might not be a simple common cold and felt compelled to get tested for coronavirus. Fortunately, tests confirmed he had seasonal influenza and not COVID-19. Unfortunately, two weeks later, he received a bill with charges totaling $3,270 and a note that his short-term limited duration insurance (STLDI) or “junk” plan would not pay the costs without further documentation. More bills may follow, and the insurer that sold his “junk” plan is requiring the patient to provide three years of medical records to prove that his flu is not related to a pre-existing condition. Even if the insurance covers the encounter – which it’s not clear they will – the patient would still be on the hook to pay $1,400 out-of-pocket for the brief diagnostic encounter.

This patient’s experience is a foreboding tale about the public health catastrophe that will ensue if patients avoid seeking a diagnosis because the Trump Administration is once again allowing insurers to stick patients with huge bills for necessary care. As the patient put it, “How can they expect normal citizens to contribute to eliminating the potential risk of person-to-person spread if hospitals are waiting to charge us $3,270 for a simple blood test and a nasal swab?”

Insurers who sell junk plans are allowed to discriminate against people with pre-existing conditions by denying them coverage, excluding critical benefits and charging higher premiums. Additionally, the Trump Administration does not require junk plans to comply with consumer protections that limit out-of-pocket costs or require coverage of essential health benefits, including those that are needed to pay for the diagnosis, treatment, and prevention of COVID-19 like hospital care, emergency care, laboratory services, or preventive services. Junk plans aren’t even required to cover preventive services at no cost to patients, meaning they could stick patients with the bill for a potential coronavirus vaccine in the middle of an outbreak.

The Trump Administration’s subsequent 1332 guidance creates additional risks for addressing outbreaks. In addition to expanding the sale of STLDI, this guidance proposes that states allow the sale of other kinds of plans that would not cover essential health benefits, including laboratory services, hospital services, emergency care, and preventive care. This guidance would even let states encourage residents to sign up for junk plans by using taxpayer dollars to subsidize them.

Additionally, instead of promoting policies to support one of our most effective public health tools, the Medicaid program, this Administration is doing everything in its power to undermine it. Medicaid plays a critical role in helping states respond to disasters and public health emergencies. For example, Medicaid was able to provide enhanced funding and coverage in response to public health crises such as the Zika virus outbreak in Puerto Rico, the water contamination in Flint, Michigan, and the national opioid epidemic.^[6]

Yet, this Administration continues to attack  the Medicaid program at every turn. As part of its 2021 budget, this Administration proposes to slash Medicaid by $920 billion. It has also proposed to gut Medicaid through block grants and caps that would restrict the ability of states to respond to public health emergencies like the coronavirus. It continues to support other harmful proposals, including policies included in the Medicaid fiscal accountability regulation that would slash funding to states, rescissions of access protections, the public charge rule and more that threaten  access to essential care for those impacted by public health crises. It also has promoted harmful proposals like work requirements, which have led to patients being kicked off the program and losing access to affordable health care.

Finally, if successful, the Administration’s ACA lawsuit would rip away health coverage from millions of Americans benefiting from the Medicaid expansion and the exchanges who depend on these programs for access to essential care including preventive services such as vaccines and diagnostic tests. The Administration is trying to allow all insurers to once again be able to discriminate against people with pre-existing conditions. If the lawsuit is successful, a patient who comes down with COVID-19 could face future discrimination by their insurer, denying them crucial care.

To give patients and providers the tools to grapple with this developing public health crisis, we ask that you take immediate action to ensure the affordability of a potential coronavirus vaccine. We also ask that you rescind the Administration’s “junk” plan rule, withdraw the 2018 guidance that undermines implementation of the1332 waiver guardrails as Congress intended, and stop the ongoing attacks on the Medicaid program, including the recently proposed block grant policy and other policies that would undermine this critical public health tool. Now more than ever, it is essential to protect patients and families and to encourage them to seek appropriate care when they become ill. We look forward to your response.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) issued a statement today after bipartisan Capitol Hill negotiators reached an agreement on an emergency funding bill to combat the coronavirus (COVID-19):

“After the Trump Administration initially requested just $1.25 billion in new money for federal agencies to combat the spread of the coronavirus, we’re pleased to see that congressional negotiators were able to agree on an emergency spending package totaling $7.8 billion to help prepare for and treat the spread of coronavirus – including funding for diagnostic testing, vaccine development, and additional resources for state and local responders who are on the front lines of a potential pandemic,” said the Senators. “Once this bill is signed into law, Virginia will immediately receive $13.3 million in federal funding from the Centers for Disease Control and Prevention (CDC) to cover some of the costs of preparing for this public health emergency.”

“Under the terms of this bipartisan bill, states and localities will also be able to apply for further federal funds to reimburse for the costs of detecting, tracking and controlling the spread of the virus. Furthermore, this bill sets aside $350 million that will be available to local authorities if our region gets hit by an outbreak – as well as $500 million for masks, medication, protective equipment and other much-needed medical supplies that will be distributed directly to hospitals and local providers. We will continue to work with state and local health officials to ensure that the Commonwealth is getting the federal support it needs to prepare for coronavirus, and we encourage all Virginians to heed the warnings of public health professionals to protect against its spread,” concluded the Senators.

The agreement also includes language based on Sen. Warner’s CONNECT for Health Act of 2019, which cuts restrictions on the use of telehealth for public health emergency response, as well as $500 million to facilitate its implementation.

In January, Sens. Warner and Kaine  asked the Administration to redirect available public health funds to combat the virus and to inform Congress of any additional resources needed to respond to the coronavirus. Earlier this week, in a letter to Vice President Mike Pence – who has been tasked with coordinating the federal government’s coronavirus response – Sen. Warner expressed concern over how the U.S. government has mobilized to combat the outbreak of coronavirus, and urged the Vice President to devote the resources, expertise and manpower needed to prevent this virus from spreading while also improving the government’s communication with Congress and the American public. This week, Sen. Kaine joined letters calling on Secretary of Education Betsy DeVos and Secretary of Labor Eugene Scalia to provide details on their Departments’ plans for preparedness and response efforts to protect the safety and health of students, teachers, school staff, and workers in light of the emerging threat of the novel coronavirus.

Earlier today, the Senators urged health insurers and federal and state officials to eliminate cost burdens that could disincentivize people with coronavirus symptoms from seeking testing and treatment for the contagious illness.

Draft text of the emergency funding bill is available here. The Senate is expected to vote on the legislation before the end of this week.

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