WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) joined his Senate colleagues in a letter to the U.S. Bureau of Prisons (BOP) and the three largest private prison operators – GEO Group (GEO), CoreCivic, and Management and Training Corporation (MTC) – asking about the policies and procedures in place at federal prisons to manage a potential spread of the novel coronavirus.

In Virginia, there are three federal correctional facilities in operation, which includes the U.S. Penitentiary in Lee County and the low- and medium-security institutions located at the Petersburg Federal Correctional Complex. Correctional officers at these three Virginia facilities are responsible for approximately 4,144 inmates.

In their letter, the Senators underscore that correctional staff and the prison population are particularly vulnerable amid the coronavirus threat.

“Given the spread of the virus in the U.S.—and the particular vulnerability of the prison population and correctional staff—it is critical that [you] have a plan to help prevent the spread of the novel coronavirus to incarcerated individuals and correctional staff, along with their families and loved ones, and provide treatment to incarcerated individuals and staff who become infected,” the Senators wrote.

Over 175,000 individuals are incarcerated in federal prisons and jails, and thousands of incarcerated people, their family and friends, and correctional staff move in and out of federal prisons every day. As a result, the potential uncontrolled spread of the coronavirus endangers federal correctional staff, their families, inmates, and the general public.

In order to get more information on the policies and procedures in place to prepare for and mitigate the potential spread of the coronavirus, the Senators requested responses to their letters no later than March 16, 2020.  

In addition to Sen. Warner, the letter was led by Sen. Elizabeth Warren (D-MA) and signed by Sens. Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Amy Klobuchar (D-MN), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Brian Schatz (D-HI), Kamala Harris (D-CA), Sherrod Brown (D-OH), Mazie Hirono (D-HI), and Tina Smith (D-MN).

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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. 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 – 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 — U.S. Sens. John Thune (R-S.D.), chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet, Debbie Stabenow (D-Mich.), Deb Fischer (R-Neb.), and Mark Warner (D-Va.) today introduced the Network Security Trade Act (S. 3394), legislation to ensure U.S. communications infrastructure security is a clear negotiating objective of our country’s trade policy.

“There is a lot of promise with new and advanced technologies like 5G, but the United States can only deliver on those promises if we maintain the security of communications networks, both at home and abroad,” said Thune. “This legislation would ensure the security of equipment and technology that create the global communications infrastructure are front and center in our trade negotiations, because you can’t have free trade if the global digital infrastructure is compromised.”

“The U.S. must be a leader and work with our allies and trading partners to ensure we are addressing security vulnerabilities in the global communications supply chain,” said Stabenow. “Our bipartisan bill moves us one step closer to that goal.”

“As America prepares to transition to 5G, network security is more important than ever,” said Fischer. “It’s deeply troubling that many other countries plan on deploying 5G using untrustworthy Chinese equipment that could give Beijing leverage over communications networks. Our bipartisan legislation would ensure that communications network security remains a top priority in all of our trade negotiations for the sake of our national security.”

“This bill sends an important message to our allies and trading partners that our concerns with Huawei are not fleeting or superficial,” said Warner. “While we’ve seen multiple Administrations exhort foreign partners not to use Huawei, we’ve continually failed to see a long-term, sustained, multi-lateral strategy to safeguard the global telecommunications market and foster innovative, competitively priced alternatives. Our digital trade agenda must emphasize the need for secure communications networks, built on fair competition, and this legislation helps accomplish that.”

The Network Security Trade Act would amend the 2015 Trade Promotion Authority, which is in effect until July 1, 2021, to include a negotiating objective related to the security of communications networks. While the bill does not name specific state-owned companies, it would direct the executive branch to ensure that the equipment and technology that are used to create the global communications infrastructure are not compromised. It would achieve that goal by addressing barriers to the security of communications networks and supply chains and unfair trade practices of state-owned or state-controlled communications equipment suppliers in new trade agreements. Confronting these issues, which this legislation requires, is critical as the United States begins formal trade talks with the United Kingdom and other allies.   

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released a statement after the Department of Homeland Security (DHS) announced its decision to release an additional 35,000 H-2B temporary nonagricultural worker visas – a move that will benefit Virginia’s seafood processing industry, a community largely made up of rural, family-owned operations. This decision follows strong advocacy by Sen. Warner, who has repeatedly urged DHS to release additional visas in order to provide much-needed support to the seafood industry in the Commonwealth.

“I’m relieved to know that with harvest season approaching, Virginia’s family-owned seafood processors will be able to access these additional visas in order to hire more seasonal workers and keep their operations up and running,” said Sen. Warner. “I’ve heard from many seafood businesses how difficult it can be to fulfill labor needs in an industry with such tough and temporary jobs like processing crabs and shucking oysters. I know Virginia businesses still have questions about how the visas will be allocated and how soon they can get workers on the job. I will continue to stay in close contact with both the Department of Homeland Security and the Department of Labor and push for these answers. Going forward, we have to work to make sure that our seafood processors no longer have to worry about whether they will be forced to lose supply agreements due to a lack of labor. That’s why I’m going to continue fighting for legislation I introduced to strengthen the H-2B visa program and help seasonal employers better prepare for fluctuations in demand during peak seasons.”

H-2B visas allow employers to temporarily hire nonimmigrant workers to perform nonagricultural labor or services in the United States if U.S. workers are not available, after completing rigorous application and certification process. These visas are critical to the survival of Virginia’s seafood industry – particularly the seafood processing community around the Chesapeake Bay.

According to the Virginia Institute of Marine Science’s last complete study of this kind, the commercial seafood industry in Virginia generates $407.9 million in economic output, which includes all economic activity from harvesters to restaurants. Of that $407.9 million, 62 percent comes from seafood processing/wholesaling firms – the primary companies who rely on the H-2B worker program. Additionally, according to the Virginia Marine Resources Commission, in 2017, Virginia oysters alone had a dockside value of more than $48.9 million dollars, followed by Quahog Clams with more than $47.6 million and Blue Crabs with more than $38 million in dockside value.

Sen. Warner has long advocated for the release of these additional visas. Most recently, he led six of his Senate colleagues in urging DHS to release additional H-2B visas needed to support local seafood businesses. In February, in a bipartisan call, he pressed DHS Secretary Wolf to release the additional Congressionally-authorized H-2B visas, to publicly announce this intent, and to do so as quickly as possible. Additionally, earlier this year, he joined a bipartisan, bicameral letter calling on the Administration to increase the statutory cap of H-2B visas for FY20. He also recently met with DOL Secretary Eugene Scalia to discuss the impact of the H-2B program on Virginia and urge the Secretary to work alongside DHS to release the additional visas in a timely fashion.

Sen. Warner has previously introduced bipartisan legislation to strengthen the H-2B visa program, and has requested an audit to determine the number of unused visas that could be made available to eligible petitioners.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter with a bipartisan group of Senators expressing their strong opposition to an abrupt decision by the Department of Education that jeopardizes funding eligibility for 800 rural, low-income schools across the country. In their letter to Secretary Betsy DeVos, the Senators objected to the Department’s sudden change to the methodology that determines which rural schools are eligible for funding through the Rural Low-Income Schools (RLIS) program. The change is being implemented without notice to Congress and after funding for fiscal year (FY) 2020 has already been appropriated.

In FY19, 40 Virginia localities received just more than $2 million in RLIS grants. As a result of the Department’s change, five Virginia localities could lose their grants this fiscal year: Buena Vista City, Carroll County, Page County, Patrick County, and Surry County. These five grants totaled about $270,000 last year, roughly 13 percent of Virginia’s overall allocation.

“Since 2002, rural schools across the nation have relied on these additional flexible funds to purchase supplies and make technology upgrades; expand curricular offerings, such as in reading, physical education, music, and art; provide distance learning opportunities; fund transportation; and support professional development activities,” the Senators wrote. “Without any chance to prepare, this abrupt change in RLIS eligibility will force many rural schools districts to forgo essential activities and services.”

“The Department’s decision has created a funding cliff for hundreds of rural, low-income schools that are already balancing tight budgets,” the Senators continued. “REAP helps deliver an equitable and enriching education to thousands of students living in rural America. We strongly encourage you to rescind this new interpretation and to work with Congress to serve students in rural communities.”

The Rural Education Achievement Program (REAP) is the only dedicated federal funding stream to help rural school districts. It consists of two programs – the RLIS program and the Small, Rural School Achievement (SRSA) program. The grants are intended to improve student achievement and can include things like parental involvement activities, teacher preparation, language instruction for English-language learners, and bullying prevention.

Many states have qualified for RLIS because the Department of Education has allowed school districts to measure poverty by the percentage of students receiving federally subsidized free and reduced-price meals. Although free lunch data is an important measure of poverty for rural districts, this year, the Department decided that it will no longer allow states to use this data to determine eligibility for the RLIS program. This change places RLIS grantees in jeopardy and will put additional strain on the SRSA program. School districts that, previously, may have been eligible to choose either SRSA or RLIS may find themselves only eligible for SRSA, which is likely to reduce the value of awards in that crucial program.

In addition to Sens. Warner and Kaine, the letter was led by Sens. Susan Collins (R-ME) and Maggie Hassan (D-NH) and signed by Sens. Lamar Alexander (R-TN), Jon Tester (D-MT), Steve Daines (R-MT), Angus King (I-ME), Pat Roberts (R-KS), Jeanne Shaheen (D-NH), Chuck Grassley (R-IA), Gary Peters (D-MI), Jim Inhofe (R-OK), Cory Gardner (R-CO), Dianne Feinstein (D-CA), Todd Young (R-IN), Cindy Hyde-Smith (R-MS), Joni Ernst (R-IA), James Lankford (R-OK), Mitch McConnell (R-KY), Mike Braun (R-IN), and John Cornyn (R-TX).

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

The Honorable Betsy DeVos

Secretary

United States Department of Education

400 Maryland Avenue, SW

Washington, DC  20202-8510

Dear Secretary DeVos:

We write to express our strong opposition to the Department of Education’s decision to change the eligibility methodology for the Rural Low-Income Schools Program. According to the Department’s own projections, this change, which is being implemented without notice to Congress and after funding for fiscal year (FY) 2020 has already been appropriated, is expected to exclude more than 800 rural, low-income schools from eligibility nationwide this year. We urge the Department to prevent these cuts from taking effect.

The Rural Education Achievement Program (REAP), authored by Senator Susan Collins and former Senator Kent Conrad, is the only dedicated federal funding stream to help rural schools overcome the increased expenses caused by geographic isolation.  It consists of two programs – the Small, Rural School Achievement (SRSA) program and the Rural and Low-Income Schools (RLIS) program. Rural school districts frequently lack the resources and staff needed to compete effectively for federal grants, and often receive formula grant allocations too small to be effective. Since 2002, rural schools across the nation have relied on these additional flexible funds to purchase supplies and make technology upgrades; expand curricular offerings, such as in reading, physical education, music, and art; provide distance learning opportunities; fund transportation; and support professional development activities. Without any chance to prepare, this abrupt change in RLIS eligibility will force many rural school districts to forgo essential activities and services.

The RLIS program targets funding to rural, high-poverty schools. In 2003, one year after the law was enacted, the Department advised states that, if Census poverty data for a school district did not exist, the state could “provide the U.S. Department of Education with the adjusted poverty data that it uses to make its allocations to Local Education Agencies (LEAs) under Part A of Title I to determine the eligibility of LEAs for which Census poverty estimates are not available.” Since that time, the Department has continued to accept an alternative poverty measurement for allocating RLIS funding, without interruption or revised guidance. For many rural school districts, standard measures of neighborhood poverty, including those collected the U.S. Census Bureau’s Small Area Income and Poverty Estimates (SAIPE), is unavailable or undercounts the number of economically disadvantaged students. Many states have instead relied on annual, local data collected through participation in the Free and Reduced-Price Lunch program. This is a widely-used, comprehensive measure of poverty in schools. In fact, federal funding allocated under Title I Part A of the Elementary and Secondary Education Act permits small school districts to submit an alternative poverty measurement for the Department’s distribution of funds to those districts. Yet under the Department’s change, even school districts that are not using alternative poverty measurements are seeing dramatic swings in funding due to the limitations of the SAIPE data. The sharp eligibility disparities and funding cuts illustrate the serious deficiencies in relying on the SAIPE data alone to implement the RLIS program.

In 2015, Congress reauthorized REAP through the bipartisan Every Student Succeeds Act (ESSA). Predicting some adjustments, Congress included a hold harmless provision to ease the transition for schools in the SRSA program. The Department appears to have had no difficulty implementing the REAP improvements, particularly with respect to dual-eligibility, and it continued to accept alternate poverty data for the RLIS program. At no time during the ESSA transition did the Department notify Congress or states that the RLIS program would be administered differently. It continued to accept alternative poverty measurements, including those based on free and reduced-price lunch, and states reasonably relied on its past practices and consistent approvals to do the same. Additionally, Congress relied on the technical expertise of the Department and this eligibility issue was never brought to our attention.  It is puzzling that the Department has now, 18 years after REAP’s creation and more than four years after its reauthorization, chosen to implement the law differently and without any notice to Congress.

Additionally, ESSA provides the Secretary with the authority to “take such steps as are necessary to provide for the orderly transition” to the law’s requirements. The Department identified several requirements over which it would exercise flexibility, but it never identified methodological changes to the RLIS program. The Department should once again rely on the its “orderly transition” authority to prevent an implementation change from taking effect, and thus avoid the severe eligibility and funding reductions it is proposing for this year.

We are also alarmed that the Department did not provide Congress, states, and school districts with any notice about its decision to use a new methodology prior to or along with submitting its budget request for REAP in FY 2020. In fact, the FY 2020 request expressed continued support for dividing equally the funds appropriated to both SRSA and RLIS. Thus, Congress rightly expected the Department to administer RLIS consistent with past practices. Today’s after-the-fact change, however, places RLIS grantees in jeopardy and will put additional strain on the SRSA program. School districts that, previously, may have been eligible to choose either SRSA or RLIS may find themselves only eligible for SRSA, which are likely to reduce the value of awards in that crucial program. The Department’s decision has created a funding cliff for hundreds of rural, low-income schools that are already balancing tight budgets. We also note that the Department’s FY 2021 budget request includes no mention of any methodological changes to the REAP grants.

REAP helps deliver an equitable and enriching education to thousands of students living in rural America. We strongly encourage you to rescind this new interpretation and to work with Congress to serve students in rural communities. We look forward to working with you on this important issue and request an immediate response.

Sincerely,

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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) today 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.

“We are fortunate that to date there have been no confirmed cases of the coronavirus in Virginia. While public health officials have warned us to expect the virus to spread, we must work to contain the virus as much as possible. In order to limit the spread of this deadly disease, we must ensure that at-risk individuals seek medical care as soon as possible – and that potential cost burdens are not a deterrent to seeking diagnosis and treatment. In Virginia, about 10 percent of residents lack any form of medical insurance. Among the insured, many individuals still face high deductibles and additional out-of-pocket costs that could be a deterrent to seeking medical care in a timely fashion,” wrote the Senators in several letters today to Vice President Mike Pence, Gov. Ralph Northam, the Virginia Association of Health Plans and the State Corporation Commission, which regulate various health care plans in Virginia. 

The Senators continued, “It is uncertain what the entirety of patient costs associated with COVID-19 may be, but we have already seen disturbing reports of patients left with enormous bills after appropriately and responsibly seeking medical care. In Miami, a patient with healthcare insurance returned from China and sought medical treatment for flu-like symptoms, but still received a $3,270 dollar medical bill after his hospitalization. An American who was evacuated from Wuhan received a $3,918 in medical bills after he and his 3-year-old daughter were required to spend several days in an isolation unit at a local children’s hospital. If patients fear the financial consequences of seeking appropriate screening, treatment and quarantine, it will severely handicap the government’s ability to control the spread of this virus.”

A copy of the letter to Vice President Mike Pence can be found here.

A copy of the letter to Governor Ralph Northam can be found here.

A copy of the letter to the Virginia Association of Health Plans can be found here.

A copy of the letter to the State Corporation Commission can be found here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, released the following statement after the Supreme Court said on Monday that it will hear the Republican lawsuit challenging the Affordable Care Act (ACA), Texas v. U.S., later this year:

“The President continues to claim he supports protecting people with preexisting conditions, yet his Administration continues to pursue this lawsuit that will rip protections away from millions of Americans without any viable plan to fix it.

“The uncertainty created by the Trump Administration’s repeated attacks on the Affordable Care Act jeopardize essential health care coverage for Virginia families. I am committed to strengthening our health care law, and will do everything in my power to protect it.”

In the Senate, Sen. Warner has sponsored several bills to block the Administration’s efforts to undermine the ACA and protect people with preexisting conditions. Last year, Sen. Warner led the entire Senate Democratic Caucus in forcing an up-or-down vote on overturning a Trump Administration rule that explicitly undermines protections for preexisting conditions by flooding the health care market with junk health care plans, which are often advertised in low-income communities or communities of color. That vote was defeated as a result of Republican opposition, jeopardizing protections for millions of Americans with preexisting conditions.

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WASHINGTON – The United States Senate unanimously passed a resolution sponsored by U.S. Sens. Mark R. Warner (D-VA) and Tim Kaine (D-VA) along with U.S. Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV) to honor Katherine Coleman Goble Johnson, a NASA pioneer who passed away Monday at the age of 101.

“Katherine Johnson was essential to NASA’s success in the Space Race. But as an African-American woman working at Langley Research Center in the era of Jim Crow, she went unrecognized for decades. Thankfully this trailblazer lived to see the recognition she deserved – including a blockbuster movie, a Congressional Gold Medal, and a building named in her honor on the campus where she was once forced to use separate facilities because of the color of her skin,” said Sen. Warner. “Katherine Johnson’s life is evidence that we as a nation must continue to strive towards equality of opportunity for all our citizens. While she is no longer with us, Katherine Johnson will continue to inspire generations of Americans, especially young women thinking of careers in math and science.”  

“Katherine Johnson’s pioneering contributions to orbital mechanics helped our nation reach the stars. As one of the first African American women to work as a NASA scientist, she paved the way for generations to come. This resolution is a small reminder of her amazing contributions,” Sen. Kaine said.

“A White Sulphur Springs, West Virginia native, Katherine Johnson not only completed groundbreaking work at NASA during the space race, but also broke the barriers of race and gender during a critical time in our nation. Katherine graduated summa cum laude from West Virginia State College in 1937 with degrees in mathematics and French and became the first African-American woman to attend graduate school at West Virginia University. She began her work as a mathematician for NASA, eventually running the equations that sent the first American astronaut to orbit Earth. Because of the accomplishments of intellectual leaders like Katherine Johnson, more young women have, and will, blaze their own trails in science, technology, engineering, and math fields, and will continue to make our state and entire nation proud. We cannot thank Katherine enough for her contributions to our state and our nation and she will be missed greatly by us all,” said Sen. Manchin.

“Katherine Johnson proved to us that no obstacle is too high if you work hard and believe in your goals,” said Sen. Capito. “As a West Virginian, Katherine used her toughness and grit to surpass societal barriers and turn her dreams into a reality. The legacy of Katherine Johnson will be remembered every time we look up at the moon and remember how her work took us there for the first time. As the first female U.S. Senator from West Virginia, I am not only continuously inspired by Katherine’s story, but I am also inspired by her kindness and humility. Generations of little girls who also aspire to reach the stars will draw strength and encouragement from Katherine’s legacy. Her work is no longer hidden by the shadows of the men she put on the moon. Katherine Johnson will forever be a star in the Mountain State and will be significantly missed by all.”

“NASA is deeply saddened by the loss of a leader from our pioneering days, and we send our deepest condolences to the family of Katherine Johnson. Ms. Johnson helped our nation enlarge the frontiers of space even as she made huge strides that also opened doors for women and people of color in the universal human quest to explore space. Her dedication and skill as a mathematician helped put humans on the moon and before that made it possible for our astronauts to take the first steps in space that we now follow on a journey to Mars. Her Presidential Medal of Freedom was a well-deserved recognition. At NASA we will never forget her courage and leadership and the milestones we could not have reached without her. We will continue building on her legacy and work tirelessly to increase opportunities for everyone who has something to contribute toward the ongoing work of raising the bar of human potential,” said NASA Administrator Jim Bridenstine.

On November 8, 2019, the President signed into law bipartisan legislation to award Katherine Johnson with the Congressional Gold Medal, along with her fellow “Hidden Figures” Dorothy Vaughan, Mary Jackson, and Dr. Christine Darden. The Congressional Gold Medal is the highest civilian award in the U.S., awarded to those who have performed an achievement that has had an impact on American history and culture that is likely to be recognized in the recipient’s field for years to come.

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WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence and former telecommunications executive and entrepreneur, applauded Senate passage of bipartisan legislation modeled on legislation he first he introduced to protect American communications networks from threats presented by foreign suppliers like Huawei and ZTE. The legislation would offer relief to reimburse smaller telecommunications providers – largely in rural areas – by reimbursing them for the costs of removing and replacing untrusted foreign equipment.

“As our nation becomes more and more reliant on next-generation telecommunication networks, we need to be doing all that we can to make sure that our networks are secure,” said Sen. Warner. “That includes making sure that we are not allowing our foreign adversaries to infiltrate these networks, and that as a nation, we are not dependent on infrastructure supplied by foreign vendors. This important piece of legislation will help ensure the security of our networks all across the country by making it possible for providers in small and rural communities to rip and replace equipment that might pose a national security risk. I’m very encouraged by this bill’s passage and I look forward to seeing it get signed into law as quickly as possible.”

The Secure and Trusted Communications Networks Act of 2019, which now heads to the President’s desk after securing the approval of the House and Senate, closely resembles the United States 5G Leadership Act of 2019, S. 1625, introduced by Sens. Warner and Roger Wicker (R-MS), along with Sens. Tom Cotton (R-AR), Ed Markey (D-MA), and Dan Sullivan (R-AK).

Specifically, the Secure and Trusted Communications Networks Act of 2019 would:

• Prohibit the Federal Communications Commission (FCC) from subsidizing the acquisition or maintenance of telecommunications equipment or services from untrusted suppliers.
• Create a program to reimburse telecommunications providers with fewer than two million customers. These providers will remove equipment that poses a national security risk from their networks to replace it with equipment from trusted suppliers.
• Establish an information sharing program for telecommunications providers, particularly small and rural operators, to obtain information regarding potential security risks and vulnerabilities to their networks.

Sen. Warner has been a leading voice in Congress about the national security risks posed by Chinese-controlled telecommunication companies. Earlier this year, he and a bipartisan group of leading national security Senators introduced legislation to encourage and support U.S. innovation in the race for 5G, providing over $1 billion to invest in Western-based alternatives to Chinese equipment providers Huawei and ZTE. He is also the lead sponsor of the Secure 5G and Beyond Act – a bill to safeguard next-gen mobile telecommunications systems and infrastructure – and has previously introduced a bill with Sen. Marco Rubio (R-FL) to combat tech-specific threats to national security posed by foreign actors like China.

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