WASHINGTON – Following concerns raised by Virginia’s mayors, Sen. Warner inquired today whether lenders plan to extend and expand the assistance being offered to federal workers and contractors affected by the shutdown. In letters addressed to the six largest consumer banks and credit unions in the DMV region, the Senator also asked about any steps being taken to ensure that affected individuals are informed of their options. 

“The consequences of even a single missed paycheck—let alone two—can be severely devastating. Some federal workers and contractors don’t know how they will put food on the table, pay their electrical bills, or pay their mortgage,” wrote Sen. Warner. “I continue to hear from those affected by the shutdown that they feel like they are without options to address their most pressing financial obligations while they wait for an end to the shutdown. What steps have you taken to publicize the assistance you are offering and how have you sought to ensure that those affected by the shutdown are aware of the assistance?”

“Although affected federal employees are, at the very least, assured back pay, many still face trouble making ends meet until paychecks resume, and federal contractors see no relief in sight,” he continued. “The financial pain felt by all of these workers will increase exponentially as the shutdown continues.  Do you have any plans to increase the level of assistance to affected federal workers and contractors?” 

As the longest government shutdown in U.S. history continues, more federal workers and contractors find themselves struggling financially. Many banks have already taken steps to help federal workers and contractors, such as making no-fee personal loans available, offering mortgage and loan forbearance, deferring payment obligations, and waiving or adjusting fees. As many federally-connected families confront the possibility of missing a second paycheck this Friday, they face an increasing financial pressure that may render many of them unable to pay their rent, mortgage or other critical personal obligations. 

On Monday, Senator Warner hosted a phone call with Virginia’s mayors to hear the most pressing local concerns triggered by the government shutdown. Many of the mayors expressed worry that while cities were able to offer forbearance on municipal costs like water and electrical bills, that with a second missed paycheck fast approaching, many more of their constituents would soon be struggling to afford their housing costs and private sector loan payments such as mortgages.  

In addition to asking about extended assistance for those affected by the shutdown, Sen. Warner also acknowledged and thanked the CEOs for measures already in place. Letters were sent to the Chief Executive Officers of Bank of America Corp., Citigroup,JPMorgan Chase & Co., U.S. Bancorp, Wells Fargo and Navy Federal Credit Union.

###

WASHINGTON – Sen. Mark R. Warner (D-VA) led Sens. Tim Kaine (D-VA), Ben Cardin (D-MD) and Chris Van Hollen (D-MD) today in urging the U.S. Office of Personnel Management (OPM) to do everything in its power to prevent the termination of dental and vision insurance coverage for federal employees affected by the partial government shutdown. In a letter to OPM, the Senators stood up for the federal employees who risk losing their coverage unless they pay out of pocket for premiums that would usually be deducted from their paychecks. 

“Your guidance to employees has been insufficient and fails to account for the significant financial strain already placed on these employees and their families,” wrote the Senators. “If the status quo persists, you are undoubtedly risking the health and wellness of federal workers, their spouses, and children enrolled in federal vision and dental plans. We have already heard from individuals who are worried about what this will mean for them and their health care needs.”  

“We believe it is unreasonable to expect unpaid employees to take on this financial responsibility,” continued the Senators. “Instead, we ask that you immediately work with federal contractors administering these dental and vision benefits to develop alternative payment arrangements that ensure continuous coverage at no risk of terminated benefits. In addition, we ask that – upon any such agreement – you immediately reissue guidance to employees who are in jeopardy of having their benefits terminated.”

OPM recently announced that many federal employees enrolled in the Federal Employees Dental and Vision Insurance Program will be billed directly for their premiums after the date of their second missed pay period – as soon as this Friday. This notice places additional financial pressure on strained government employees who are already struggling to pay for expenses like childcare and mortgages. 

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

January 23, 2019

Margaret Weichert

Acting Director

U.S. Office of Personnel Management

1900 E Street NW, Washington, DC 20415

Dear Acting Director Weichert: 

We write today concerning federal employees that may lose their dental and vision health insurance benefits as a result of the government shutdown. As you may know, if the current lapse in government funding continues more than 800,000 federal employees will miss their second pay period. From this time forward – federal employees with dental and vision insurance must also begin to pay their premiums directly to BENEFEDS or risk having their coverage terminated.  

Recent guidance from the U.S. Office of Personnel Management to federal employees’ enrolled in the BENEFEDS dental and vision plans states:

“Payroll deductions will cease for any employee that does not receive pay. BENEFEDS will generate a bill to enrollees for premiums when no payment is received for two consecutive pay periods. The enrollee should pay premiums directly billed to him/her on a timely basis to ensure continuation of coverage.”

The above guidance will require federal employees to tap into their savings and pay these costs or risk having their coverage terminated. We are alarmed that unpaid federal employees will be required to incur this additional financial hardship during a time when they can least afford it. This is unacceptable.

Your guidance to employees has been insufficient and fails to account for the significant financial strain already placed on these employees and their families. If the status quo persists, you are undoubtedly risking the health and wellness of federal workers, their spouses, and children enrolled in federal vision and dental plans. We have already heard from individuals who are worried about what this will mean for them and their health care needs. We also understand that certain insurers are willing to allow individuals to continue their coverage without payment, and we encourage OPM to continue to work with all insurers to help members maintain continuity of coverage. 

We believe it is unreasonable to expect unpaid employees to take on this financial responsibility. Instead, we ask that you immediately work with federal contractors administering these dental and vision benefits to develop alternative payment arrangements that ensure continuous coverage at no risk of terminated benefits. In addition, we ask that – upon any such agreement – you immediately reissue guidance to employees who are in jeopardy of having their benefits terminated. 

Thank you for your attention to this letter. If our offices can be further helpful in resolving this matter please do not hesitate to contact us. 

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance, Banking, Budget and Rules committees and Vice Chairman of the Senate Select Committee on Intelligence, today wrote to the heads of several federal Departments raising questions about the Trump Administration’s compliance with the Antideficiency Act, which prohibits federal agencies from obligating or expending federal funds not appropriated by Congress. Now in its 32nd day, the current shutdown is the longest in American history, and questions are being raised about the seemingly ad hoc way in which the Trump Administration is picking “winners and losers” during the shutdown – determining which employees will be furloughed and which employees will be deemed “excepted,” expected to continue working without pay to keep certain government services operational. 

Previous presidential administrations have applied a narrow interpretation to determine which employees are considered essential during a shutdown, restricting such a designation only to employees whose jobs were necessary to avoid “emergencies involving the safety of human life or the protection of property.”

“Government shutdowns are never good, the current one being no exception, and they never produce positive results. Our hard-working federal employees deserve to be paid for their work, and to be paid in a timely manner rather than waiting weeks, months, or even years for a shutdown to end. Rather than finding ways to minimize the impact of the current government shutdown, and straining legal bounds to do so, it is my strong belief that the best way to fix the current situation is to simply end the shutdown,”Sen. Warner wrote to several Trump Administration officials.

Press reports indicate that Department heads under the Trump Administration have taken a questionable and inconsistent approach towards determining what programs will continue to operate under the shutdown:

• For example, at the Department of the Interior, furloughed employees from the Bureau of Ocean Energy Management were recalled after several weeks in order to work on upcoming offshore oil and gas lease sales;
• During the shutdown, the State Department proceeded with holding a conference for all U.S. chiefs of mission and ambassadors abroad in Washington, D.C. from January 15-18, requiring many State Department employees to work without pay to organize and work at the conference; moreover, the Department recently recalled all furloughed employees in order to carry out the Department's mission without providing additional explanation on how this complied with the Antideficiency Act and why that move was needed to avoid imminent threats to human life or protection of property;
• More than three weeks after the shutdown began, the Department of Transportation recalled  thousands of employees to perform work such as air-safety checks, and routine activities such as approving new aircraft for commercial carriers’ fleets and new flight routes;
• At the Treasury Department and Internal Revenue Service (IRS), employees were recalled, reportedly at the behest of the mortgage industry, to conduct income verification checks, and to process tax refunds, even though both activities were initially designed as non-excepted activities under the IRS’s shutdown plans;
• The Department of Agriculture recalled 2,500 Farm Service Agency employees to help farmers with existing loans and tax paperwork, among other tasks. 

Letters were sent to the Interior, State, Treasury, Agriculture, and Transportation Departments, as well as the IRS. 

###

WASHINGTON – Sen. Mark R. Warner (D-VA), along with Sens. Tim Kaine (D-VA), Ben Cardin (D-MD) and Chris Van Hollen (D-MD), wrote to Washington Metropolitan Area Transit Authority (WMATA) General Manager and CEO Paul J. Wiedefeld to express safety and security concerns regarding the possibility that Metro may award a contract to build its newest 8000-series rail cars to a Chinese manufacturing company.  

The Senators wrote, “In the transportation sector, there has been increased interest from particular foreign governments to participate in state and local procurements, including those to manufacture and assemble rail cars for transit agencies around the country. While other cities have welcomed this kind of investment, we have serious concerns about similar activity happening here in our nation’s capital, particularly when it could involve foreign governments that have explicitly sought to undermine our country’s economic competitiveness and national security. As Metro continues its procurement process for the 8000-series rail car, we strongly urge you to take the necessary steps to mitigate growing cyber risks to these cars.” 

The Washington Post recently reported that “the state-owned China Railway Rolling Stock Corp., or CRRC, has used bargain prices to win four of five large U.S. transit rail car contracts awarded since 2014. The company is expected to be a strong contender for a Metro contract likely to exceed $1 billion for between 256 and 800 of the agency's newest series of rail cars.”

In their letter, the Senators noted that Metro’s 8000-series rail car is expected to incorporate safety and communications technology such as automatic train control, network and trainline control, video surveillance, monitoring and diagnostics, and data interface with WMATA, among other potentially vulnerable mechanisms that could allow a foreign spy, terrorist, or other rogue actor to break in and take control of Metro’s systems to conduct foreign espionage or impact operations. 

“Many of these technologies could be entirely susceptible to hacking, or other forms of interference, if adequate protections are not in place to ensure they are sourced from safe and reliable suppliers. In a Q&A document posted as part of the RFP, WMATA noted that there are ‘no Buy America or DBE requirements for this contract,’ raising further questions about what protections will be in place to ensure the integrity of these components,” the Senators told Wiedefeld.

The Senators then posed a series of questions regarding Metro’s plans for the rail car procurement process, including:

• While we are aware that nearly all passenger railcar manufacturers in the United States are foreign-owned, what steps is WMATA taking to ascertain and mitigate against the involvement of foreign governments in this procurement?

• Has Metro received briefings from the Department of Homeland Security or related agencies on the attempts of foreign adversaries to infiltrate our critical infrastructure and the significant cyber vulnerabilities that can stem from them doing so?

• Will Metro take a company’s ties to foreign governments with a record of industrial and cyber espionage into account when evaluating bids, particularly if such company is a state-owned enterprise?

• If so, will Metro allow sensitive component parts of these railcars to be sourced from such countries?

• Will Metro consult with the Department of Defense prior to awarding a contract to confirm whether the Department would permit railcars built by certain foreign governments to operate through the Pentagon?

• We understand that Metro has announced that the RFP will be amended to include baseline cybersecurity protocols. Please provide information about these protocols and how they are being developed. How will Metro evaluate bidder responses to this forthcoming cybersecurity addendum? Will Metro review these responses with the Department of Transportation (USDOT) and the Department of Homeland Security, and seek the concurrence of USDOT and DHS in its cybersecurity evaluations before making any final contract award in this procurement? What specific requirements will the addendum include to ensure that any communications technology included in the rail car procurement is protected from being exploited for surveillance purposes? 

The Senators concluded, “U.S. national security should be of the utmost importance as WMATA considers bids for its procurement of 8000-series rail cars, and we therefore request that you consider submitting an addendum to the earlier RFP [Request for Proposals] to ensure that the necessary steps are taken to protect against the aforementioned concerns.”

The full text of the letter is available here. 

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter today to Secretary of Agriculture Sonny Perdue, stressing the importance of sustained funding for the Supplemental Nutrition Assistance Program (SNAP). The lawmakers expressed concern with the agency’s ability to support states and grocery stores, following a decision by the United States Department of Agriculture (USDA) to issue February SNAP benefits weeks ahead of schedule. The letter also highlights a lack of guidance for recipients who may be forced to go without the assistance if the government shutdown persists beyond the month of February.

USDA has been particularly impacted by the partial government shutdown. Nearly 95 percent of USDA Food and Nutrition Service (FNS) workers have been furloughed, affecting the agency’s ability to run SNAP—a program that 776,000 Virginians rely on to meet their basic nutritional needs. SNAP keeps more than 150,000 Virginians, including 79,000 children, out of poverty every year by granting families and individuals access to nutritious foods.

“Recently, the United States Department of Agriculture (USDA) announced that it was taking the unprecedented step of issuing SNAP benefits a month early to ensure that individuals are able to receive their benefits for February. While we are pleased that USDA was able to identify funds to continue SNAP benefits during the shutdown, we are concerned the agency is not providing adequate support to states and grocery retailers, who are dealing with the massive logistical challenge of distributing SNAP benefits weeks earlier than normal,” wrote the Senators. 

The Senators continued, “In addition, we are troubled by the lack of information from USDA about its ability to continue SNAP benefits through March and beyond if this shutdown continues into February… We urge you to provide additional information on other funding options you have at your disposal to continue SNAP payments for March and beyond if the shutdown is not resolved in a timely manner… Given the importance of this program for many of our constituents, we ask that you do all you can to ensure the uninterrupted issuance of SNAP benefits as long as this shutdown continues.”

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

The Honorable Sonny Perdue

Secretary         

U.S. Department of Agriculture

1400 Independence Ave., S.W.

Washington, DC 20250 

Dear Secretary Perdue:

We write today concerning the uncertainty surrounding the Supplemental Nutrition Assistance Program (SNAP) during the ongoing partial federal government shutdown. Recently, the United States Department of Agriculture (USDA) announced that it was taking the unprecedented step of issuing SNAP benefits a month early to ensure that individuals are able to receive their benefits for February. While we are pleased that USDA was able to identify funds to continue SNAP benefits during the shutdown, we are concerned the agency is not providing adequate support to states and grocery retailers, who are dealing with the massive logistical challenge of distributing SNAP benefits weeks earlier than normal. In addition, we are troubled by the lack of information from USDA about its ability to continue SNAP benefits through March and beyond if this shutdown continues into February.

Every month, approximately 776,000 Virginians receive SNAP benefits to meet their basic nutritional needs. One out of every eleven Virginians received SNAP benefits in 2017 and almost 70 percent of SNAP participants were households with children. According to Michael McKee, CEO of Virginia’s largest food bank, Blue Ridge Area Food Bank, a funding lapse for SNAP will prevent food banks from feeding thousands of Virginians. Currently, SNAP provides about 12 times the amount of food as the nation’s food banks combined. A lapse in SNAP funding would be devastating for the thousands of Virginians that depend on this program each month. Low-income Virginians should not suffer the consequences of this unnecessary shutdown. 

Unfortunately, the ongoing government shutdown has impacted the ability of USDA to carry out this essential program. The Food and Nutrition Service, which processes SNAP benefits, has furloughed nearly 95 percent of its workforce. Even with a fully-staffed agency, it would be a tremendous undertaking for USDA and states to issue SNAP benefits weeks earlier than usual. Given the lack of available staff at USDA, the uniqueness of this situation, and the tight timeline, we are worried about the agency’s ability to support states as they rush to ensure their SNAP recipients receive their February benefits by the January 20th deadline. 

Additionally, we are concerned by USDA’s lack of guidance concerning SNAP benefits after February, should the government shutdown continue into next month. Last year, Congress provided USDA $3 billion for a SNAP contingency fund. While not an insignificant number, this fund would likely not cover a full month of SNAP benefits for current users, considering the average monthly cost of the program is $4.8 billion. This means that the nearly 40 million recipients of SNAP do not know when additional funds will be added to their benefit cards after January 20th. We urge you to provide additional information on other funding options you have at your disposal to continue SNAP payments for March and beyond if the shutdown is not resolved in a timely manner.

Beyond providing Virginians access to healthy and nutritious foods, SNAP is one of Virginia’s best tools to fight poverty. The program keeps more than 150,000 Virginians, including 79,000 children, out of poverty annually. Given the importance of this program for many of our constituents, we ask that you do all you can to ensure the uninterrupted issuance of SNAP benefits as long as this shutdown continues.

Thank you for your consideration and we look forward to your reply.

Sincerely,

###

WASHINGTON – Following inquiries by Virginia and Maryland’s Senators, the Washington Metropolitan Area Transit Authority (WMATA) disclosed today that it is losing, on average, $400,000 each weekday during the government shutdown. In response, the Senators issued the following statement:

“At a time when Metro already is undertaking substantial, disruptive projects to improve safety and reliability, President Trump’s shutdown is jeopardizing the health and stability of the entire Metro system. This wasteful, destructive shutdown must come to an end.” 

On Friday, Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Ben Cardin and Chris Van Hollen (both D-MD), wrote to WMATA General Manager and CEO Paul J. Wiedefeld, seeking information on the impact that the partial government shutdown has had on WMATA’s transit system, ridership, operational services, staffing, financial position, and infrastructure upgrades and maintenance.  

In response, the Senators received a letter tonight from Wiedefeld detailing the multiple ways in which President Trump’s government shutdown is harming WMATA’s safety and finances:

• According to Wiedefeld, “Our preliminary analysis estimates that for an average weekday when the government is closed, Metro is losing approximately $400,000 in fare and revenue.”

• Additionally, the shutdown is putting $638 million in federal transit funding in jeopardy. If a prolonged shutdown of the Department of Transportation leads to delays in certifying the Washington Metrorail Safety Commission (WMSC) by the April 15, 2019 statutory deadline, “the [Federal Transit Administration] indicates that it would be prohibited by law from issuing a total of $638 million in FY2019 federal transit funding to all transit providers across the District of Columbia, Maryland and Virginia,” according to the letter.

• As of January 10, the federal government owes Metro $33 million in unreimbursed expenses as a result of the shutdown. That number is expected to grow to $50 million by the end of this month.

• Other federal funding sources are also on hold, including a $20 million BUILD grant that Metro was awarded last year, and $15 million in grant revisions that are awaiting FTA review. According to Wiedefeld, “If the federal shutdown continues for an extended period, Metro will be forced to either turn to its Line of Credit (LOC) to support the Capital program, incurring additional costs, or defer important state-of-good-repair projects, which could undermine our recent reliability gains.”

• The combined shutdowns of the Department of the Interior and the National Park Service means environmental review work for a number of planned projects has also been delayed.

A copy of Wiedefeld’s full response to the Senators is available here.

###

WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined Senators Tina Smith (D-MN), Sherrod Brown (D-OH), Chris Van Hollen (D-MD), and Ben Cardin (D-MD) in introducing legislation to secure back pay for the federal contractor service employees who continue to go without pay during the government shutdown. The bill—the Fair Compensation for Low-Wage Contractor Employees Act—aims to help low-wage federal contractor employees—including janitorial, food, and security services workers—who have been furloughed or forced to accept reduced work hours as a result of the government shutdown. 

“Thousands of people across the Commonwealth are out of a job right now because of President Trump’s unnecessary, destructive shutdown. Right now many low- and middle-wage federal contractors – whose paychecks often depend on the number of hours they work – are worrying about how they’ll afford to keep the lights on or pay their rent. Congress has already passed legislation to secure back pay for federal workers. Federal contractors – especially those who are already working paycheck to paycheck – deserve some peace of mind too. This important bill will ensure that federal service contractors, who work side-by-side with federal employees, get the pay they missed out on because of President Trump’s reckless shutdown,” Warner said. 

“Just like federal employees, federal contractors work hard to keep our government running. So many of these workers live paycheck-to-paycheck and this painful shutdown has meant that many of them can't afford to pay their bills. This legislation is an effort to ensure that these contractors who have been denied pay during a shutdown they had no role in causing receive the pay they deserve,” Kaine said.

The Fair Compensation for Low-Wage Contractor Employees Act would provide financial relief for eligible federal service contractors missing pay during the shutdown by:

• Completely replacing missed wages for workers making less than $50,200 per year (twice the poverty level for a family of four.)
• Compensating workers earning more than $50,200 per year up to the $50,200 threshold ($965 per week.)
• Restoring paid leave for workers who were required by the contractor to use it.

The bill appropriates funding for federal agencies to adjust the price accordingly of any contracts impacted by the shutdown. By building on existing contract review and approval processes, the bill provides financial relief for lower-wage workers without creating new administrative or financial burdens for contractors. Eligible employees include those covered under the Service Contract Act (which governs federal service contracts) and the Davis-Bacon Act (which governs federally-funded construction projects). Although the Service Contract Act does not apply to “executive, administrative, or professional” employees, they would be eligible for back pay under the bill.

The bill is also supported by Senators Edward J. Markey (D-MA), Amy Klobuchar (D-MN), Elizabeth Warren (D-MA), Maggie Hassan (D-NH), Doug Jones (D-AL), Kamala Harris (D-CA), Tom Udall (D-NM), Tammy Duckworth (D-IL), Angus King (I-ME), and Martin Heinrich (D-NM).

Read a summary of the bill HERE.

###

WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine joined 32 colleagues in writing to Food and Drug Administration (FDA) Commissioner Scott Gottlieb asking how the government shutdown has impacted the FDA and its work to protect public health. Warner and Kaine wrote out of concern about how the shutdown’s effects on the FDA could harm Virginians.

“The shutdown has severely limited federal oversight of the nation’s food supply and medical products and may result in slower approvals for drugs and devices. While we appreciate the efforts of the agency and the tireless work of your staff to help mitigate the impact of the shutdown on the public health, we remain deeply concerned about the halt of vital regulatory and compliance activities at FDA. FDA plays a crucial role in ensuring the health and safety of families across the country, and it’s important we fully understand how the ongoing shutdown has impacted its ability to fulfill that role,” the Senators wrote. 

The Senators expressed concern that the shutdown may jeopardize the agency’s ability to detect and address preventable food safety issues and create a backlog in the approval process for innovative prescription drugs, generic drugs, and medical devices.  

Senators Warner and Kaine have been outspoken against President Trump’s use of a government shutdown as a negotiating tactic. Warner and Kaine have called on Senate Majority Leader Mitch McConnell to hold a vote on a House-passed spending bill that would reopen the government and allow hundreds of thousands of federal employees and contractors to go back to work and get paid.

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

January 11, 2019

The Honorable Scott Gottlieb, M.D.

Commissioner

U.S. Food and Drug Administration

10903 New Hampshire Avenue

Silver Spring, Maryland 20993

Dear Commissioner Gottlieb:

We are writing to request information regarding the effect of the partial federal government shutdown on the operations of the Food and Drug Administration (FDA). This shutdown will be, as of midnight, the longest in U.S. history and is hampering your agency’s critical role in protecting the public health. The shutdown has severely limited federal oversight of the nation’s food supply and medical products and may result in slower approvals for drugs and devices. While we appreciate the efforts of the agency and the tireless work of your staff to help mitigate the impact of the shutdown on the public health, we remain deeply concerned about the halt of vital regulatory and compliance activities at FDA. FDA plays a crucial role in ensuring the health and safety of families across the country, and it’s important we fully understand how the ongoing shutdown has impacted its ability to fulfill that role. 

While FDA has helped ensure that our nation has one of the safest food supplies in the world, foodborne disease results in 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths the United States each year.^[1] The FDA Food Safety Modernization Act (FSMA), enacted in January 2011, provided FDA with new enforcement authorities to work towards reducing those numbers and preventing future food safety problems.^[2] In 2018 alone, there were two major, multistate outbreaks of E. coli O157:H7; the first resulted in 210 illnesses, 96 hospitalizations, and five deaths across 36 states, and the second resulted in 62 illnesses and 25 hospitalizations across 16 states and the District of Columbia.^[3] 

However, during the shutdown, FDA’s inspectorate is unable to conduct any activities deemed non-critical, resulting in diminished oversight of many foreign and domestic food facilities. As the shutdown enters its fourth week, we are concerned that the agency will soon be unable to determine which food facilities pose an “imminent threat to health and life.”^[4] Though FDA is able to use appropriated funds to support high-risk food recalls when products endanger consumers and patients, and respond to any outbreaks related to foodborne illness during the shutdown, we are concerned about the agency’s ability to detect and address otherwise preventable food safety issues before they occur. FDA field staff have voiced fears about immediate threats to health and safety as a result of the shutdown, including a consumer safety officer in FDA’s Stoneham, Massachusetts, office:  "When you go out to a restaurant or a grocery store, the American public trusts it. There is a higher risk of injury or death in a potentially very, very serious way."^[5]           

We are also concerned about the effects of the shutdown on the agency’s medical product review process. During the shutdown, FDA is legally prohibited from accepting new submissions that require industry user fee payments,^[6] which support the review and approval of applications for innovative new prescription drugs, generic drugs, and medical devices.^[7] As a result, the agency will likely receive a large influx of applications from drug and device makers following the conclusion of the shutdown, requiring the agency to triage review activities and probably causing a backlog in the approval process. 

Although FDA is currently able to support ongoing medical product review processes with carryover user fee funding from Fiscal Year (FY) 2018,^[8] the agency estimates the FY 2018 balances for these programs will run out if the shutdown continues. The first user fee program anticipated to burn through carryover funding is the Prescription Drug User Fee Act (PDUFA) program, which funds the review of new drugs. As of January 7, PDUFA has about one month of funding remaining in the FY 2018 balance, while the remaining user fee programs were estimated to have between one and two months of funding left.^[9] Should the remaining FY 2018 balance for these programs expire, the vast majority of FDA’s ongoing product review functions will cease to continue, and user fee-funded employees (just under half of the agency) would no longer be paid.  

Given that, due to the shutdown, FDA is currently unable to perform essential regulatory and compliance activities, we want to ensure the agency is doing everything it can to fulfill its critical public health mission at this time. In order to better understand the impact of the shutdown on public health and FDA staff, and in light of the fact that President Trump has indicated he is willing to continue the government shutdown for months or years, we request answers to the following questions by January 18th:

1.      How has the agency scaled back food and medical product lab analysis, surveillance, and inspection activities during the shutdown?

2.      Which inspections of domestic food facilities does the agency plan to reinstate in the coming days, and what percentage of the currently ceased inspectional activities will be reinstated prior to the end of the shutdown?

3.      Please provide a detailed overview of the increase in anticipated backlog of applications for new medical products at this time, and for each additional week of the shutdown, including, to the agency’s best estimates, when normal functionality can be expected to resume. 

4.      Please provide an update on remaining FY 2018 carryover funds, and their anticipated burn rate, for user-fee funded programs, including prescription drug, generic drug, tobacco product, animal drug, biosimilar, and medical device review activities. 

5.      Please provide an update on the status of the guidance you released to FDA’s field force investigators and any additional steps FDA plans to take to mitigate financial burdens incurred by the inspectorate as a result of the shutdown. 

6.      What are FDA’s plans to address financial hardship sustained by excepted and furloughed employees as a result of the shutdown? Is FDA aware of any employees that have left the agency as a result of the shutdown?  

7.      How will the freeze on unfunded employee recruitment activities and new employee onboarding affect your strategic hiring plan for the agency?

8.      Please detail any delays in normal operations that you anticipate to occur once the shutdown is over. Will FDA be able to immediately resume all suspended activities upon receiving full funding for FY 2019?

We recognize FDA’s efforts to mitigate the impact of this government shutdown on the public health and its employees. However, we remain alarmed that the continued shutdown will result in increasingly harmful effects on the agency’s employees and the safety and security of the nation’s food and medical products. 

Thank you for your immediate attention to this important issue. If you have any questions, please contact Katlin McKelvie Backfield of the United States Senate Committee on Health, Education, Labor, and Pensions at (202) 224-7675.

Sincerely,

###

^[1] https://www.cdc.gov/foodborneburden/estimates-overview.html

^[2] https://www.fda.gov/newsevents/publichealthfocus/ucm239907.htm

^[3] https://www.cdc.gov/ecoli/2018/o157h7-04-18/index.html; https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html

^[4] https://twitter.com/SGottliebFDA/status/1076329985143640064

^[5] https://www.cnn.com/2019/01/08/health/fda-employee-concerns-shutdown/index.html

^[6] https://www.fda.gov/AboutFDA/WorkingatFDA/ucm629100.htm

^[7] https://crsreports.congress.gov/product/pdf/R/R44576

^[8] https://twitter.com/SGottliebFDA/status/1080632053220233216

^[9] https://twitter.com/SGottliebFDA/status/1082441112005066755

WASHINGTON – Today, U.S. Senator Chris Van Hollen (D-Md.) led a letter with U.S. Senators Ben Cardin (D-Md.), Tim Kaine (D-Va.), and Mark Warner (D-Va.) to President Trump urging him to meet with federal workers suffering from the impacts of the shutdown. 

The Senators write, “We are writing to ask that you meet with some of the federal civil servants who are either working without pay or locked out of their job as a result of the government shutdown. We believe that you would benefit from listening to their stories.”

They continue, “When asked about the situation facing federal workers, you said, ‘I can relate. I'm sure the people that are on the receiving end will make adjustments. They always do.’ Some federal workers – like millions of Americans – live paycheck-to-paycheck. According to the Federal Reserve, 40% of Americans cannot pull together $400 for an emergency, without going into debt or selling something. Speaking with some of the workers who cannot afford to miss a paycheck may help you better relate to the adjustments you expect them to make for your shutdown.”

The Senators closed the letter stating, “You already met a few carefully handpicked federal workers who support your position of shutting down the government to demand taxpayer dollars for a border wall. But the vast majority of federal workers oppose your shutdown, and we hope you will listen to them as well. Most of all, we hope that you will swiftly end this unnecessary and damaging shutdown.”

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

Dear President Trump: 

We are writing to ask that you meet with some of the federal civil servants who are either working without pay or locked out of their job as a result of the government shutdown. We believe that you would benefit from listening to their stories. 

You have said that you are, “proud to shut down the government.” Earlier, you tweeted about the need for a “good shutdown.” We have spoken to federal workers who will not be able to afford to keep their home, purchase their medication, or put money in their child’s school lunch account if this shutdown continues. These civil servants are proud of their jobs, and this government shutdown is preventing them from doing important work for the American people. If you heard directly from them, it would be clear that there is no such thing as a good government shutdown.

When asked about the situation facing federal workers, you said, “I can relate. I'm sure the people that are on the receiving end will make adjustments. They always do.” Some federal workers – like millions of Americans – live paycheck-to-paycheck. According to the Federal Reserve, 40% of Americans cannot pull together $400 for an emergency, without going into debt or selling something. Speaking with some of the workers who cannot afford to miss a paycheck may help you better relate to the adjustments you expect them to make for your shutdown.

You already met a few carefully handpicked federal workers who support your position of shutting down the government to demand taxpayer dollars for a border wall. But the vast majority of federal workers oppose your shutdown, and we hope you will listen to them as well. Most of all, we hope that you will swiftly end this unnecessary and damaging shutdown.

Sincerely,

###

WASHINGTON – Today Sens. Mark R. Warner and Tim Kaine (both D-VA), along with Ben Cardin and Chris Van Hollen (both D-MD), wrote a letter to Paul J. Wiedefeld, General Manager and CEO of the Washington Metropolitan Area Transit Authority (WMATA), seeking information on the impact that the partial government shutdown has had on WMATA’s transit system, ridership, operational services, staffing, financial position, and infrastructure upgrades and maintenance.  

WMATA “serves a unique national security role, providing transportation for federal employees traveling to and from the Pentagon and Department of Homeland Security and ensuring continuity of federal operations during an emergency,” wrote the Senators. “Thus, it is critical that WMATA systems and services continue to serve riders in the nation’s capital.” 

In recent years, Metro’s investments to reverse declining ridership numbers have highlighted the extent to which transit systems depend on robust ridership to succeed. Federal employees currently make up about 40 percent of WMATA’s peak hour ridership. However, a government shutdown can adversely affect the transit system’s ridership and overall financial stance.

“During the October 2013 shutdown, the Metro system experienced a 22 percent decrease in ridership, or a decline of 1.7 million trips.  According to a 2015 report, ridership during that shutdown dropped nearly 50% at stations near federal facilities.  The shutdown not only affected ridership, but also put the WMATA long-term operations at risk,” continued the Senators.“The 16-day shutdown, according to the agency, resulted in a loss of $5.5 million in revenue and funding was delayed as the federal appropriation process was halted.”  

To gauge the impact of the shutdown’s effects, the lawmakers requested data on changes in ridership and asked how a decline could affect the WMATA’s financial situation in the long-term and short-term. They also solicited information on any lapses in federal funding and possible contingency plans. Additionally, the lawmakers asked for the details of any halted infrastructure or capital improvement projects, as well as specifics on how the WMATA’s credit rating could be weakened if the shutdown continues. According to recent reports, large and mid-sized transit agencies across the country have already tapped into their lines of credit to make payment obligations to their vendors and Moody’s has warned that a prolonged shutdown could negatively impact the credit ratings of mass transit systems.

The four lawmakers reassured Wiedefeld that they are actively working to reopen the government. Earlier today, Sens. Warner and Kaine met in Alexandria with federal workers and families who have been hurt by the ongoing government shutdown.  

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

January 11, 2019

Mr. Paul J. Wiedefeld

General Manager & CEO

Washington Metropolitan Area Transit Authority

600 5th Street NW

Washington, D.C. 20001

Dear Mr. Wiedefeld, 

We write seeking information about the effects the current partial government shutdown has had – and the effects a prolonged shutdown could have – on the Washington Metropolitan Area Transit Authority’s (WMATA) transit system, ridership, operational services, staffing, and infrastructure upgrades and maintenance.

In recent years, WMATA has undertaken actions to prioritize safety, often through substantial rehabilitative projects that have caused significant disruption to the system. Metro’s recent investments to reverse declining ridership underscore the extent to which a functional and sustainable transit system depends upon robust ridership to succeed.

We have also seen that events outside the control of WMATA, such as a federal government shutdown, can adversely impact ridership and a transit system’s overall financial outlook. During the October 2013 shutdown, the Metro system experienced a 22 percent decrease in ridership, or a decline of 1.7 million trips.  According to a 2015 report, ridership during that shutdown dropped nearly 50% at stations near federal facilities.  The shutdown not only affected ridership, but also put the WMATA long-term operations at risk. The 16-day shutdown, according to the agency, resulted in a loss of $5.5 million in revenue and funding was delayed as the federal appropriation process was halted. 

Federal employees comprise approximately 40 percent of WMATA’s peak hour ridership, and during the current shutdown, many government employees continue to carry out their duties and rely on WMATA to do so. WMATA also serves a unique national security role, providing transportation for federal employees traveling to and from the Pentagon and Department of Homeland Security and ensuring continuity of federal operations during an emergency. Thus, it is critical that WMATA systems and services continue to serve riders in the nation’s capital.

To understand how WMATA and its transit systems have been affected by the government shutdown and to prevent the negative impacts displayed during the 2013 shutdown, please provide us with the following information by January 15, 2019:

1.      Data on changes in ridership, both rail and bus operations, during the government shutdown. Has there been a decline in ridership from the same period in prior years, or from the period immediately preceding the shutdown? 

2.      Assuming there has been a decline in ridership during the shutdown, can you provide information on how that decline will affect WMATA’s financial situation, both in the short-term and the long-term? For example, what is the current (or estimated) loss in revenue? What would be the estimated revenue losses if the shutdown lasts a full month, or if it lasts two months? What other financial, safety or operational impacts would result from a prolonged and substantial decline in ridership brought on by the government shutdown? 

3.      Given that WMATA receives federal funding to help run its transportation network, can you detail any lapses in funding that have occurred due to the U.S. Department of Transportation and Federal Transit Administration being shut down? Can you provide information on what funding may be at risk if the shutdown continues for a full month or even two? What contingency plans does WMATA have in place to address a lapse in expected funding?

4.      Please confirm if any planned infrastructure and capital improvement projects have been stalled or halted during the shutdown. What are the expected effects of the delay in starting and finishing these projects? 

5.      It has recently been reported that Moody’s believes a prolonged shutdown could negatively impact the credit ratings of the nation’s public transit systems, noting that the shutdown has already “interrupted an important source of operating, capital and debt-service funding.”  These interruptions, in turn, could lead to higher debt service costs and delays in numerous capital improvement projects. Can you provide information on how WMATA’s credit rating could be impacted if the government shutdown continues for a prolonged period of time? What effects would a credit downgrade have on WMATA’s overall financial position, capital construction plans and operational capacity? 

Please trust that all four of us are doing everything we can to support the federal workforce, re-open the government, and get back to working towards improving the lives of all Americans. We ask for answers to the above questions as soon as possible so that we better understand the impacts of the shutdown on the vital transportation networks that serve our constituents, and so we can continue to highlight all of the numerous reasons that the federal government should be re-opened. 

Sincerely,

###

WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine joined 32 colleagues in writing to the Trump Administration urging them to direct federal agencies to work with contractors to pay low- and middle-income employees for the wages they have lost during the shutdown. The Senators point out that federal contracting officers typically have existing authority that allows them to modify the terms of contracts, and they are encouraging them to do so.  

The Senators write, “Contract workers and their families should not suffer the consequences of a shutdown that they did not cause. Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues.”

They continue, “After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees.”

The Senators close the letter, writing, “We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so.”

In addition to Warner and Kaine, the letter was signed by U.S. Senators Chris Van Hollen (D-MD), Tina Smith (D-MN), Sherrod Brown (D-OH), Benjamin L. Cardin (D-MD), Richard Blumenthal (D-CT), Kirsten E. Gillibrand (D-NY), Doug Jones (D-AL), Elizabeth Warren (D-MA), Amy Klobuchar (D-MN), Margaret Wood Hassan (D-NH), Mazie K. Hirono (D-HI), Richard J. Durbin (D-IL), Sheldon Whitehouse (D-RI), Tom Udall (D-NM), Jeanne Shaheen (D-NH), Dianne Feinstein (D-CA), Martin Heinrich (D-NM), Ron Wyden (D-OR), Tammy Duckworth (D-IL), Edward J. Markey (D-MA), Tammy Baldwin (D-WI), Kamala D. Harris (D-CA), Jack Reed (D-RI), Robert Menendez (D-NJ), Robert P. Casey, Jr. (D-PA), Thomas R. Carper (D-DE), Bernard Sanders (I-VT), Cory A. Booker (D-NJ), Jeffrey A. Merkley (D-OR), Debbie Stabenow (D-MI), Christopher A. Coons (D-DE), and Christopher S. Murphy (D-CT).

The text of the letter is available below and here.

Dear Mr. Vought:

We are writing to urge you to direct federal agencies to work with contractors to provide back pay to compensate low- and middle-income contractor employees for the wages they have lost as a result of not being able to report to work during this government shutdown.

Contract workers and their families should not suffer the consequences of a shutdown that they did not cause. Low-wage service contract workers perform jobs that are absolutely vital to the government, such as food service, security, and custodial work. Many of these workers live paycheck-to-paycheck, and cannot afford to pay their rent and other bills if the shutdown continues.

After past shutdowns, contractor employees have generally not received back pay. In addition to our fight to protect federal workers who are being hurt by this shutdown, we are committed to righting this wrong for contractor employees. Government contracts typically have provisions to modify the terms of the contract. Federal contracting officers should use these provisions to work with contractors to provide back pay for employees who lost wages as a result of the government shutdown.

Providing back pay to these low- and middle-income contractor employees who are furloughed by their employers is the right thing to do, and it is in the federal government's best interest to provide funding to the extent necessary to ensure that contractors deliver back pay to their workers. Contractor employees cannot afford the chaos and uncertainty of government shutdowns, and some of these workers may seek other jobs if back pay is not provided to compensate for shutdown-related losses. 

Most of all, this wasteful and destructive government shutdown must come to an end. We all support the legislation passed by the House of Representatives to reopen the government, which mirrors legislation that previously passed the Senate with overwhelming bipartisan support. 

We urge you to take immediate steps to ensure that contractor employees get the back pay that they deserve by providing clear directions for agencies and contractors to do so.

Thank you for your consideration, and we look forward to your reply.

Sincerely,

###