Lawmakers Work with Agencies to Ensure Adequate Employee, Public Precautions Met

Lawmakers across the legislative branch have sent letters to the executive branch agencies in an attempt to gain more information and provide guidance on how the agencies should respond to the coronavirus pandemic.

In a letter issued Monday by 27 senators to the White House, lawmakers urged President Donald Trump to “immediately issue an executive order directing agencies to use telework to the maximum extent practicable in light of the COVID-19 emergency.” The letter explains that the executive order would provide “clear direction” rather than just “general guidance” as the OMB memo on telework does. The lawmakers also noted that the order should be worldwide in scope.

“Voluntary guidance is not enough- agencies need clear orders. In the absence of a clear order, agencies and managers have been hesitant to take major actions to shift towards telework and we hear from increasingly anxious federal workers in our states on a daily basis,” the letter explains.

In a letter from Representative Andy Levin (D-MI) and 56 other representatives to the White House, the lawmakers urged the White House to use its authority under the Defense Production Act of 1950 to expand and allocate production of critical medical supplies to respond to COVID-19.

The letter, dated March 13, follows Centers for Disease Control and Prevention (CDC) reports of shortages on certain medical supplies such as N95 respirators and facemasks.

“These reports are extremely disturbing and merit immediate action to massively upscale the supplies available to protect Americans, test for new cases of COVID-19, and treat people who test positive. Failure to act now could result in even more severe shortages that force health care workers to make harrowing choices and endanger American lives. Consequently, we urge you to use the presidential authorities granted by the Defense Production Act to mitigate these shortages without delay. These authorities could be used to direct the domestic production of equipment currently in short supply, like personal protective equipment and ventilators. This would ensure we have the materials we need at the ready, rather than wait for disruptions in the global supply chain to subside,” the letter explains.

Chairman of the Committee on Homeland Security in the House Bennie Thompson (D-MS) also wrote a letter to Department of Homeland Security Secretary Chad Wolf, Department of Health and Human Services Secretary Alex Azar, and Centers for Disease Control and Prevention Director Dr. Robert Redfield inquiring about the justifications for certain travel restrictions and whether copayments or other out-of-pocket costs for coronavirus treatment will be waived for federal employees-such as Transportation Security Officers and other employees of the Department of Homeland Security-who contract COVID-19 as part of their official duties and who receive insurance through the Federal Employee Health Benefits Program (FEHBP).

The letter from Rep. Thompson requests agencies answer five questions relating to these areas of concern.

Ranking Member on the Senate Intelligence Committee Mark Warner (D-VA) wrote a letter to Office of Personnel Management Director Dale Cabaniss and Acting Director of National Intelligence Richard Grenell expressing concerns that intelligence employees and contractors undergoing investigations for security clearances could be negatively impacted during the coronavirus outbreak. 

Senator Warner’s letter explains, “Efforts to prevent the spread of COVID-19 may require government and contractor personnel to self-quarantine or tend to family members, which in may cause them miss payments on things like rent, mortgage, credit cards, or other forms of debt. The impact may be particularly acute for hourly workers. This could impact their credit scores and jeopardize their ability to secure or maintain a clearance or hold a position of trust. The problem is particularly acute for younger workers who lack a long credit history.”

Senator Warner requested “clear and public guidance to ensure that departments and agencies do not penalize employees’ clearances or determinations of trustworthiness due to circumstances associated with COVID-19.”

These are some examples of the ways in which the legislative branch is utilizing its oversight authorities to monitor agency and executive branch handling of the pandemic.