WASHINGTON -  U.S. Senator Mark R. Warner (D-VA) and Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, sent a letter to Treasury Secretary Janet Yellen urging the extension of the Emergency Capital Investment Program (ECIP) application deadline to ensure the highest level of participation from eligible community development financial institutions (CDFIs) and minority depository institutions (MDIs).

“We know Treasury is committed to implementing this historic, $9 billion investment in MDIs and CDFIs, and that your staff is committed to ensuring ECIP meets its transformative potential. While we are encouraged by the speed at which Treasury has implemented the program, we are concerned that key questions are unanswered,” wrote the lawmakers. “…We urge Treasury to continue to work with industry stakeholders to identify the additional guidance needed to ensure there is robust participation in ECIP. While Treasury has already demonstrated it will thoughtfully implement ECIP, eligible institutions’ concerns should be considered and fully evaluated before the deadline to apply for ECIP closes.”

See the full text of the letter below. 

The Honorable Janet Yellen
Secretary
U.S. Department of the Treasury 
1500 Pennsylvania Avenue, Northwest
Washington, D.C. 20002

Dear Secretary Yellen:

We write to urge the Department of the Treasury (Treasury) to extend the Emergency Capital Investment Program (ECIP) application deadline. Extending the deadline would ensure eligible Community Development Financial Institutions (CDFIs) and Minority Depository Institutions (MDIs) have the time and information necessary to apply for the program. Key industry stakeholders have raised concerns that further guidance and time are needed to ensure eligible institutions take advantage of the resources available through ECIP.

We know Treasury is committed to implementing this historic, $9 billion investment in MDIs and CDFIs, and that your staff is committed to ensuring ECIP meets its transformative potential. While we are encouraged by the speed at which Treasury has implemented the program, we are concerned that key questions are unanswered. For example, we understand that guidance that affects institutions’ eligibility, capital offerings, compliance, and reporting still needs to be published. As a result, institutions that would otherwise participate are hesitant to do so and may be unable to apply by the current deadline of May 7, 2021. 

We urge Treasury to continue to work with industry stakeholders to identify the additional guidance needed to ensure there is robust participation in ECIP. While Treasury has already demonstrated it will thoughtfully implement ECIP, eligible institutions’ concerns should be considered and fully evaluated before the deadline to apply for ECIP closes.

We appreciate your commitment to this historic program and ensuring ECIP is successful. We look forward to our continued collaboration implementing ECIP and supporting CDFIs and MDIs, which play a critical role in supporting access to capital in underserved communities.

Thank you for your attention to this important issue.


Sincerely,

Mark R. Warner
United States Senator

Maxine Waters
Chairwoman, Committee on Financial
Services, U.S. House of Representatives

###

WASHINGTON – U.S. Senator Mark Warner (D-Va.) joined by Finance Committee Chair Ron Wyden (D-Ore.), and Senator Sherrod Brown (D-OH), today unveiled their framework to overhaul international taxation and invest in America by ensuring mega-corporations pay their fair share.

The framework details an overhaul of three taxes Republicans created in their 2017 bill: Global Intangible Low-Taxed Income (GILTI), Foreign Derived Intangible Income (FDII) and the Base Erosion and Anti-Abuse Tax (BEAT).

“We need an international tax system that rewards companies making investments here in the U.S., particularly in cutting-edge technologies that will dictate the future success of our economy and ability to create good-paying jobs,” Senator Warner said. “Unfortunately, the 2017 law’s changes to the international tax system were riddled with incentives that do the opposite, encouraging companies to offshore operations and jobs. This framework is a first step in allowing us to find novel, creative approaches that fix the problems with the current system and provide long-term certainty for businesses and stability for federal revenues so that we remain globally competitive.”

“The Republican tax law was a massive giveaway to mega-corporations, and corporate tax revenue has fallen through the floor. While working families have struggled to pay rent and buy groceries, companies that saw their taxes cut in half are doing better than ever before. Congress needs to ensure mega-corporations pay their fair share to fund critical investments in the American people,” Chair Wyden said. “That starts with ending incentives to ship jobs overseas and closing loopholes that allow companies to stash their profits in tax havens, and, instead, rewarding companies that invest in the United States. Our framework would not only generate critical revenue to pay for President Biden’s infrastructure package, it would encourage additional investment in the United States and its workers.”

“For decades, our tax code has rewarded corporations that shut down production in the U.S. and move American jobs overseas, and the 2017 Republican tax law only made it worse, with its 50 percent off coupon for corporations that move jobs to Mexico or China,” Senator Brown said. “Our plan is simple: Corporations should pay their fair share, just like Ohio families do, and they shouldn’t get a tax break for shipping workers’ jobs overseas. We’re going to reward companies that create jobs and invest in America.”

To overhaul GILTI, the senators propose repealing the tax exemption for overseas factories that incentivizes shipping jobs overseas, raising the GILTI rate, and moving to a country-by-country system that prevents multinational corporations from shielding income in tax havens from U.S. tax. The senators’ proposed “high-tax exclusion” would simplify the country-by-country approach by grouping income from low-tax countries together and excluding income from countries where it is already taxed at a higher rate than GILTI. Lastly, the treatment of research and development expenses would be adjusted, so that companies would no longer pay higher GILTI rates when they invest in the United States.    

To overhaul FDII, the senators similarly propose ending the built-in incentive to offshore factories and other assets and equalizing the FDII and GILTI rates. The offshoring incentive will be replaced with a new provision to reward current year innovation-spurring activities in the United States, like research and development.

To overhaul BEAT, the senators propose restoring the value of tax credits for domestic investment. To pay for this change, the proposal creates a higher, second tax bracket for income associated with base erosion; this raises revenue from the biggest base eroders, and uses that revenue to support companies investing in the United States. 

A copy of the framework is available here.

 ###

WASHINGTON – Today, U.S. Senator Mark Warner (D-Va.) joined by Chairman of the Environment and Public Works Committee Senator Tom Carper (D-Del.) and Senators Ben Cardin (D-Md.), Chris Coons (D-Del.), Chris Van Hollen (D-Md.), and Tim Kaine (D-Va.) sent a letter to Environmental Protection Agency (EPA) Administrator Michael Regan, urging the EPA to use all tools available to meet the 2025 goals of the Chesapeake Bay Total Maximum Daily Load (TMDL). The pollution reduction requirements in the Bay TMDL are vital to protecting the health of the Chesapeake Bay and ensuring the Bay’s surrounding states each do their part in reducing pollution. Recently, however, Pennsylvania has fallen behind in their TMDL requirements. While the Trump Administration refused to use its legal authority to ensure compliance, the Senators are urging the EPA to take the necessary action to do so.

The Senators write, “On December 29, 2010, the U.S. Environmental Protection Agency established the Chesapeake Bay TMDL, a historic and comprehensive agreement that includes accountability features to restore clean water in the seven jurisdictions within the Chesapeake Bay watershed. The agreement is a national and indeed international model for watershed restoration. It sets limits for pollution that equate to a 25 percent reduction in nitrogen, 24 percent reduction in phosphorous, and 20 percent reduction in sediment. As the Bay TMDL states, ‘The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025[.]’”

“The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the ‘Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA,’” they continue. 

“The implementation of the Bay TMDL and the Bay jurisdiction’s Watershed Implementation Plans are, therefore, part of EPA’s legal obligation to achieve and maintain the nutrient goals of the Chesapeake Bay TMDL under the Clean Water Act,” the Senators note.

The Senators point to the need for action, writing, “We are at a critical juncture in implementation of the Bay TMDL. EPA’s response to Pennsylvania’s Phase III Watershed Implementation Plan (WIP) noted that Pennsylvania is on track to meet only 75 percent of its nitrogen reduction targets and the Commonwealth itself identified a $324 million annual shortfall in their plan. The State of New York’s Phase III WIP is also 1 million pounds under its nitrogen goal. We ask that you use all tools at your disposal—including those identified in Bay TMDL Section 7—to make sure that all jurisdictions are on track for 2025.”

The text of the letter is available here and below.

Dear Administrator Regan:

Congratulations on your confirmation as Administrator to the Environmental Protection Agency (EPA).  

We stand by to offer our partnership to your efforts as Administrator of the EPA to achieve our mutual goal of clean water in the Chesapeake Bay by 2025.

On December 29, 2010, the U.S. Environmental Protection Agency established the Chesapeake Bay Total Maximum Daily Load (TMDL), a historic and comprehensive agreement that includes accountability features to restore clean water in the seven jurisdictions within the Chesapeake Bay watershed. The agreement is a national and indeed international model for watershed restoration. It sets limits for pollution that equate to a 25 percent reduction in nitrogen, 24 percent reduction in phosphorous, and 20 percent reduction in sediment.  As the Bay TMDL states, “The TMDL is designed to ensure that all pollution control measures needed to fully restore the Bay and its tidal rivers are in place by 2025[.]”

The goal of the Clean Water Act is to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” To that end, states are first required to set water quality standards for all waters within their boundaries regardless of the sources of pollution.  When those water quality standards cannot be met and maintained through effluent limitations and technology-based controls on point sources, water quality-based controls are required under Section 303(d) of the Act. States are required to identify waters within its boundaries that cannot achieve water quality standards based on effluent limitations, and then “shall establish for [impaired] waters […] the total maximum daily load, for those pollutants which the Administrator identifies […] as suitable for such calculation.” A TMDL is a specification of the maximum amount of a particular pollutant that can pass through a waterbody each day without violating water quality standards.  Such “load shall be established at a level necessary to implement the applicable water quality standards with seasonal variations and a margin of safety which takes into account any lack of knowledge[.]” Once the 303(d) list and any TMDLs are approved by the EPA, the reporting state must incorporate the list and TMDLs into its continuing planning process.

The Courts have upheld the legality of the Bay TMDL. As the U.S. Court of Appeals for the Third Circuit has noted, the “Clean Water Act does not simply direct the publication of the TMDL; it is one step in a process with several layers, each placing primary responsibility for pollution controls in state hands with ‘backstop authority’ vested in the EPA.”

In addition to these requirements, Section 117(g) of the Act requires EPA to take certain actions regarding the implementation of the Chesapeake Bay Agreement and the Chesapeake Bay TMDL.  It states that the EPA Administrator, “in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain (A) the nutrient goals of the Chesapeake Bay Agreements for the quantity of nitrogen and phosphorous entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; […] (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for living wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem.” (emphasis added).

The implementation of the Bay TMDL and the Bay jurisdiction’s Watershed Implementation Plans are, therefore, part of EPA’s legal obligation to achieve and maintain the nutrient goals of the Chesapeake Bay TMDL under the Clean Water Act.  

Since the inception of the Chesapeake Bay TMDL – and through its Reasonable Assurance and Accountability Framework in Section 7 – EPA has communicated its expectations for the Bay watershed states and the District of Columbia to develop Watershed Implementation Plans and two-year milestones and “demonstrate satisfactory progress toward achieving nutrient and sediment allocations established by EPA in the Chesapeake Bay TMDL.” In addition, the Agency laid out potential backstop actions the Bay jurisdictions would face if they failed to demonstrate progress on their obligations under the Bay TMDL, noting that the “identification of possible federal actions is intended to strengthen our individual and collective resolve to make the difficult choices and decisions along the road to a restored Chesapeake Bay and watershed and fill in the gaps to aid States and the District to meet their commitments in order to ensure that the allocations in the TMDL are achieved.”

Time and again, EPA has demonstrated through its approach in establishing and implementing the Bay TMDL, including its application of “backstop actions” when states deviated from their respective obligations, its view that the Bay jurisdictions are responsible for meeting the allocations in the Bay TMDL.  Indeed, as recently as April of 2017, in laying out its expectations for Pennsylvania’s Phase III Watershed Implementation Plan, EPA noted several examples of potential actions it could take specific to Pennsylvania if it determined that the state did not meet these expectations.  Those backstop actions included: (1) Targeting federal enforcement and compliance assurance in the watershed; (2) Directing Chesapeake Bay funding to identified priorities; (3) Establishing finer scale wasteload and load allocations through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; (4) Requiring additional reductions of loading from point sources through a Pennsylvania state-specific proposed amendment to the Chesapeake Bay TMDL; and (5) Initiating a process to propose promulgating nitrogen and phosphorous numeric water quality standards for Pennsylvania applicable to streams and rivers in the Chesapeake Bay Watershed.

EPA’s defense of the Bay TMDL and its historic approach to the Bay jurisdiction’s development of the Watershed Implementation Plans clearly indicates that it took its responsibilities under Sections 303d and 117(g) seriously and that it viewed achieving the allocations in the Bay TMDL as necessary to meet the requirements of the Clean Water Act.  

We are at a critical juncture in implementation of the Bay TMDL.  EPA’s response to Pennsylvania’s Phase III Watershed Implementation Plan (WIP) noted that Pennsylvania is on track to meet only 75 percent of its nitrogen reduction targets and the Commonwealth itself identified a $324 million annual shortfall in their plan. The State of New York’s Phase III WIP is also 1 million pounds under its nitrogen goal. 

We ask that you use all tools at your disposal—including those identified in Bay TMDL Section 7—to make sure that all jurisdictions are on track for 2025.  

The Chesapeake Bay Total Maximum Daily Load has made strong progress towards cleanup of this national treasure and economic engine in our region. We are at a critical moment, and we look forward to working with you to make sure we meet our 2025 goals for clean water in the Chesapeake Bay.

Sincerely,

WASHINGTON – U.S. Senators Mark R. Warner, D-VA. and Ron Wyden, D-Ore., questioned eight digital advertising exchanges about the possible sale of Americans’ personal information to foreign-owned companies, in a series of letters sent yesterday with Senators Bill Cassidy, R-La., Kirsten Gillibrand, D-N.Y., Sherrod Brown, D-Ohio, and Elizabeth Warren, D-Mass. 

The senators are seeking information about the sharing of Americans’ data through “real time bidding” – the auction process used to place many targeted digital advertisements. For most online ads, although only one company wins the auction, hundreds of firms participating receive information about the potential recipient of the ad, including device identifiers and cookies, web browsing and location data, IP addresses, and age and gender.

“Few Americans realize that some auction participants are siphoning off and storing ‘bidstream’ data to compile exhaustive dossiers about them. In turn, these dossiers are being openly sold to anyone with a credit card, including to hedge funds, political campaigns, and even to governments,” the senators wrote. 

“This information would be a goldmine for foreign intelligence services that could exploit it to inform and supercharge hacking, blackmail, and influence campaigns,” they continued.

The letter was sent to AT&T, Index Exchange, Google, Magnite, OpenX, PubMatic, Twitter and Verizon.

The senators asked for answers to the following questions by May 4, 2021:

1.     Please identify the specific data elements about users, their devices, the websites they are accessing, and apps they are using that you provide to auction participants.

2.     Please identify each company, foreign or domestic, to whom your firm has provided bidstream data in the past three years that is not contractually prohibited from sharing, selling, or using the data for any purpose unrelated to bidding on and delivering an ad.

3.     If your firm has contractual restrictions in place prohibiting the sharing, sale, or secondary use of bidstream data, please detail all efforts to audit compliance with these contractual restrictions and the results of those audits.

4.     Please identify each foreign-headquartered or foreign-majority owned company to whom your firm has provided bidstream data from users in the United States and their devices in the past three years.

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $1,169,961 in federal funding from the Appalachian Regional Commission (ARC) for three organizations across Southwest and Southside Virginia that are supporting individuals suffering from substance use disorder. 

“Over the course of the pandemic, we have seen an increased demand for substance abuse treatment,” said the Senators. “We are glad to announce that this funding will provide increased support to those struggling with addiction in Southwest and Southside Virginia.”

The following organizations will receive funding as listed below: 

• Piedmont Regional Community Services Board in Martinsville, Virginia will receive a grant of $498,961 to increase the number of recovering individuals in Martinsville and Henry County and expand the program that currently serves Patrick County.
• LENOWISCO in Duffield, Virginia will receive a grant of $371,000 to develop a substance abuse recovery ecosystem and remove barriers to obtaining employment.
• Western Virginia Workforce Development Board in Roanoke, Virginia will receive a grant of $300,000 to develop and enhance the recovery ecosystem in Alleghany, Craig, and the City of Covington.

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) applauded the Biden administration for increasing the amount of federal dollars that Virginia will receive for five emergency projects across the Commonwealth. By adjusting the Federal Emergency Management Agency (FEMA)’s federal cost share from 75 percent to 100 percent, the Biden administration will help deliver an additional $22,915,050 in federal funding to cover the cost of communicating COVID-19 warnings and guidance to Virginians and procuring and utilizing medical supplies and equipment to combat the virus.

“COVID-19 created an immediate threat to the health and safety of our country requiring emergency response and protective measures. We thank the Biden administration for recently adjusting the federal cost share to help the Commonwealth manage, control, and reduce the spread of the COVID-19 virus,” said the Senators. “As Virginians continue to wear a mask, social distance, and get tested and vaccinated, we remain committed to ensuring that the Commonwealth has the necessary tools and procedures to continue to tackle this health crisis.”

The following projects will receive funding as listed below:

###

WASHINGTON – The day after Mark Zuckerberg testified before a congressional committee exploring the proliferation of misinformation on social media,  U.S. Sen. Mark R. Warner (D-VA) pressed the Facebook CEO about the continued proliferation of anti-vaccine content on the company’s platforms, particularly Instagram.  

In a letter, Sen. Warner wrote, “Anti-vaccination groups and other health conspiracy groups have long utilized – and been enabled by – Facebook’s platforms to disseminate misinformation. Studies show a rapid increase in the spread of health misinformation online since the start of the pandemic. Yet on the very day that Facebook introduced its updated standards touted to address health misinformation media organizations noted that several of the top-ranked search results for ‘covid vaccine’ on Instagram were anti-vaccine accounts. I am deeply concerned that Facebook’s new policies will continue to lack the adequate enforcement needed to reduce the spread of harmful misinformation on its platforms.” 

In the correspondence, Warner noted the importance of promoting accurate information about vaccine safety, with the Centers for Disease Control and Prevention (CDC) recently finding that nearly a third of U.S. adults surveyed reported they did not intend to get vaccinated, despite the proven safety and effectiveness of multiple COVID-19 vaccines. Experts estimate that 70 to 90 percent of Americans will need to be vaccinated before herd immunity can be achieved. 

“Facebook has previously committed to reducing the spread of misinformation on its platforms, implementing a ban on false claims about vaccines in groups, pages, and ads in April 2020  and promising to remove COVID-19 and vaccine misinformation from the platform in an effort to promote authoritative health information in February 2021,” Warner explained. “However, despite these promises, Facebook’s enforcement of its own policies is consistently and demonstrably insufficient, a trend we have seen in other areas where Facebook has pledged to address misuse of its products or instances of its products amplifying harmful content.”

A recent report from the Center for Countering Digital Hate found that Instagram’s algorithm promoted unsolicited content that featured anti-vaccine and COVID-19 misinformation to users across several features of the platform, including in the “Suggested Posts” section, which was introduced in August 2020 and directs users to recommended posts from accounts they do not follow based on users’ engagement with related posts. 

“The events of January 6th prove that there are real-world consequences when harmful misinformation is allowed to run rampant online, and I am concerned that Instagram – a platform which has generally escaped the level of scrutiny directed at Facebook, itself – is similarly enabling the spread of harmful misinformation that could hinder COVID-19 mitigation efforts and, ultimately, result in lives lost,” Warner wrote.

In the letter, Warner pressed Zuckerberg to respond to a series of questions about the platform’s policies and procedures for dealing with health misinformation, and requested that the CEO produce the company’s internal research into Instagram’s amplification of anti-vaccine content, groups, pages, and verified figures by April 23, 2021. 

Warner has long pressed social media platforms to crack down on the rapid proliferation of extremist content and harmful misinformation. In June 2020, Warner pressed Facebook regarding its failure to prevent the propagation of white supremacist groups online and its role providing these extremist groups with a platform to organize and radicalize other users. In October, Warner urged Facebook, Twitter and Google to implement robust transparency and accountability standards before the November election to minimize the spread of political misinformation.

Sen. Warner has written and introduced a series of bipartisan bills designed to protect consumers and reduce the power of giant social media platforms like Facebook, Twitter and Google. Among these are the Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data (DASHBOARD) Act – bipartisan legislation to require data harvesting companies to tell consumers and financial regulators exactly what data they are collecting from consumers and how it is being leveraged by the platform for profit; the Deceptive Experiences To Online Users Reduction (DETOUR) Act – bipartisan legislation to prohibit large online platforms from using deceptive user interfaces to trick consumers into handing over their personal data; and the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act – bipartisan legislation to encourage market-based competition to dominant social media platforms by requiring the largest companies to make user data portable – and their services interoperable – with other platforms, and to allow users to designate a trusted third-party service to manage their privacy and account settings, if they so choose.

Last month, Sen. Warner introduced the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination on their platforms.  

A copy of today’s letter is available here, and the text appears in full below. 

Dear Mr. Zuckerberg,

I write to you today to express my concern for your companies’ continued amplification of harmful misinformation, particularly the spread of COVID-19 and vaccine misinformation promoted by the Instagram algorithm.

As the pandemic endures, the importance of promoting reliable health information only grows. A recent study from the Centers for Disease Control and Prevention (CDC) found that nearly a third of U.S. adults surveyed reported they did not intend to get vaccinated.  With experts estimating 70 percent to 90 percent of Americans will need to be immunized before achieving herd immunity,  it is critical that individuals who are experiencing COVID-19 vaccine hesitancy are exposed to accurate information that will help them make informed decisions about the vaccine. 

Facebook has previously committed to reducing the spread of misinformation on its platforms, implementing a ban on false claims about vaccines in groups, pages, and ads in April 2020  and promising to remove COVID-19 and vaccine misinformation from the platform in an effort to promote authoritative health information in February 2021.  However, despite these promises, Facebook’s enforcement of its own policies is consistently and demonstrably insufficient, a trend we have seen in other areas where Facebook has pledged to address misuse of its products or instances of its products amplifying harmful content. Indeed, a coalition of State Attorneys General, including the Attorney General of Virginia, just last week wrote to you and the CEO of Twitter, accusing your companies of not taking “sufficient action to identify violations and enforce [existing] guidelines.” 

Anti-vaccination groups and other health conspiracy groups have long utilized – and been enabled by – Facebook’s platforms to disseminate misinformation. Studies show a rapid increase in the spread of health misinformation online since the start of the pandemic.  Yet on the very day that Facebook introduced its updated standards touted to address health misinformation media organizations noted that several of the top-ranked search results for “covid vaccine” on Instagram were anti-vaccine accounts.  I am deeply concerned that Facebook’s new policies will continue to lack the adequate enforcement needed to reduce the spread of harmful misinformation on its platforms. 

Further, a recent report from the Center for Countering Digital Hate found that Instagram’s algorithm promoted unsolicited content that featured anti-vaccine and COVID-19 misinformation to users across several features of the platform, including in the “Suggested Posts” section, which was only introduced in August 2020 and directs users to recommended posts from accounts they do not follow based on users’ engagement with related posts. If Facebook is truly committed to “[removing] false claims on Facebook and Instagram about COVID-19, COVID-19 vaccines and vaccines in general during the pandemic,”  as the company has stated, its own algorithms should not be amplifying misinformation and promoting harmful content to users. 

For several years now, I have raised concerns that your content recommendation algorithms have disproportionately surfaced disinformation, misinformation, violent extremist content, and other harmful content. In June 2020, I wrote to you with concern that white supremacist and violent right-wing extremist groups were radicalizing users on your platforms and that Facebook’s algorithms – including its group recommendation feature – aided in that radicalization. In October of the same year, I wrote again to urge Facebook and other social media companies to implement robust transparency and accountability standards before the November election to minimize the spread of political misinformation. The events of January 6th prove that there are real-world consequences when harmful misinformation is allowed to run rampant online, and I am concerned that Instagram – a platform which has generally escaped the level of scrutiny directed at Facebook, itself – is similarly enabling the spread of harmful misinformation that could hinder COVID-19 mitigation efforts and, ultimately, result in lives lost. 

These examples demonstrate Facebook’s continued unwillingness or inability to enforce its own Community Standards and take action to reduce the spread of misinformation on its platforms. More concerningly, a recent report suggests that Facebook has failed to address the ways in which its products directly contribute towards radicalization, misinformation proliferation, and hate speech – deprioritizing or dismissing a range of proposed product reforms and interventions because of their tendency to depress user engagement with your products.  

Eliminating misinformation on your platforms is a valuable and necessary undertaking as online health misinformation can have a substantive impact on users’ intent to get vaccinated, with people exposed to COVID-19 and vaccine misinformation shown to be more likely to express vaccine hesitancy than those who were not.  Further, public health authorities shoulder an even greater burden – at a time of profound resource and budget strain – to combat misinformation amplified by platforms like Instagram, Facebook and WhatsApp. Given that over half of Americans rely on social media to get their news, with Facebook in particular serving as a “regular source of news” for about a third of Americans,  it is critical that Facebook take seriously its influence on users’ health decisions.  

To address these concerns, I request that you provide responses to the following questions by April 23, 2021: 

1.      What procedures does Facebook have to exclude misinformation from its recommendation algorithm, specifically on Instagram? 

2.      Please provide my office with Facebook internal research of the platform’s amplification of anti-vaccine content, groups, pages, and verified figures.

3.      Why were posts with content warnings about health misinformation promoted into Instagram feeds? 

4.      When developing the new Suggested Posts function, what efforts did Facebook make to ensure that the new tool was only recommending reliable information? 

5.      What is the process for the removal of prominent anti-vaccine accounts, and what is the rationale for disabling such users’ accounts from one of Facebook’s platforms but not others?

6.      How often are you briefed on the COVID-19 misinformation on Instagram and across Facebook platforms?

7.      Did Facebook perform safety checks to prevent the algorithmic amplification of COVID-19 misinformation? What did those safety protocols entail? 

8.      Will anti-vaccine content continue to be monitored and removed after the COVID-19 pandemic? 

9.      Please provide my office with Facebook’s policies for informing users that they were exposed to misinformation and how Facebook plans to remedy those harms. 

10.  Combatting health misinformation amplified by large social media platforms puts an additional strain on the time, resources, and budgets of public health agencies – often requiring them to spend on online ads on the very platforms amplifying and propelling misinformation they must counter. Will you commit to provide free advertising for state and local public health authorities working to combat health misinformation?

Health misinformation on social media platforms like Facebook is a serious threat to COVID-19 mitigation efforts and could ultimately prolong this public health emergency. Given the urgency and severity of these consequences, I appreciate your prompt attention to this matter.

Sincerely,           

###

WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that Virginia will receive $79,907,625 in federal funding from the U.S. Department of Health and Human Services (HHS) to support 26 community health centers across the Commonwealth. The funding – which was made possible through the American Rescue Plan – will be awarded beginning in April by the Health Resources and Services Administration (HRSA).

“For the past year, our community health centers have been on the front lines of providing care to our most vulnerable communities during the COVID-19 crisis,” said the Senators. “Thanks to the congressional passage and eventual signing of the American Rescue Plan, we are now able to provide these critical federal dollars so that our community health centers can continue to provide lifesaving care to the folks who need it the most.”

The funding for the 26 community health centers will be awarded as follows:

Health centers will be able to use these funds to support and expand COVID-19 vaccination, testing, and treatment for vulnerable populations; deliver needed preventive and primary health care services to those at higher risk for COVID-19; and expand health centers’ operational capacity during the pandemic and beyond, including modifying and improving physical infrastructure and adding mobile units. 

###

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), John Cornyn (R-TX), Marsha Blackburn (R-TN), Rev. Raphael Warnock (D-GA), and Tim Kaine (D-VA) today introduced the Save Rural Hospitals Act of 2021 to fix a flawed formula that results in disproportionately low Medicare payments for hospitals in rural and low-wage areas. The bill would provide additional financial support for rural hospitals that are already operating on very thin margins and shutting down at record rates during the COVID-19 crisis – with more than 20 rural hospitals closing their doors in 2020 alone.

“In rural communities all over America, having a local hospital, as opposed to having to travel long distances for care, can mean the difference between life and death. Unfortunately, the COVID-19 crisis has only exacerbated the financial instability many of these facilities were already facing, putting them at greater risk for closure,” said Sen. Warner. “That’s why we’ve got to level the playing field for federal reimbursement rates so that rural hospitals have a fighting chance at keeping their doors open and continuing to provide lifesaving care.”

“Rural hospital closures mean a loss of access to medical care for the millions of Americans who chose to live in those areas. In addition, when a rural hospital closes, a community often loses one of its largest employers. Rural hospital closures are devastating to those communities. Rural hospitals have closed in record numbers in recent years and Tennessee is at the top of the list for the number of facilities lost. One contributing facture is an unfair reimbursement system that favors urban hospitals over rural, the Medicare area wage index. The Save Rural Hospitals bill is bipartisan legislation to create a floor to this calculation that will be a lifeline for the 1 in 4 rural hospitals that are in danger of closing. According to CMS, over 50 hospitals in TN stand to benefit from this legislation. When the rural hospitals benefit, communities benefit. This legislation will protect access to health care for millions of Tennesseans,” said Sen. Blackburn.

“Rural communities in Georgia and across the nation have been devastated by the public health and economic consequences of this once-in-a-century pandemic, and hospitals in these areas that were already struggling to make ends meet have been some of the hardest hit by this crisis. Health care is a human right, and the federal government has a deep role to play in making sure all Georgians, regardless of income or zip code, have access to the care they need to stay healthy and thrive, and so I’m glad to join my colleagues in supporting this common-sense, bipartisan legislation that will help target federal health care dollars to the communities where these investments are most sorely needed,” said Sen. Rev. Warnock.

“Too often, rural hospitals don’t have the necessary support they need to continue providing care for their local communities,” said Sen. Kaine. “With the increased pressure they’ve faced over the last year, it’s so important for Congress to pass this bipartisan legislation to ensure rural hospitals across the country — including 19 in Virginia— have access to the necessary resources to stay afloat and continue serving their communities amid COVID-19.” 

The Save Rural Hospitals Act of 2021 would help curb the alarming trend of hospital closures in rural communities by making sure hospitals are fairly reimbursed for their services by the federal government. The “Medicare Area Wage Index,” a formula used by Medicare to reimburse hospitals, is currently much lower for health care providers in rural communities, due to the fact that the formula is based on labor costs, which vary across the country. To make sure rural hospitals are fairly reimbursed, the Save Rural Hospitals Act of 2021 would establish a national minimum “area wage index” of 0.85.

This legislation comes at a crucial time during the unprecedented COVID-19 public health emergency and as hospitals in rural areas already face financial uncertainty. At the onset of the COVID-19 pandemic, hospitals in many places, including Virginia, were ordered to postpone profitable elective surgeries in an effort to conserve hospital capacity and scarce supplies of personal protective equipment (PPE) for the treatment of COVID-19 patients. Reporting indicates that rural hospitals are now closing at an alarming rate, with more than 130 rural hospitals around the nation having closed since 2010.

According to 2021 CMS data, 19 Virginia hospitals will directly benefit from the Save Rural Hospitals Act of 2021:

The Save Rural Hospitals Act of 2021 also boasts the support of the National Association of Rural Health Clinics, National Rural Health Association, Tennessee Hospital Association, University of Tennessee Medical Center (UTMC), Covenant Health and Blount Memorial Hospital, Virginia Rural Health Association, Virginia Hospital and Healthcare Association, and Ballad Health System.

“Medicare payment policies can at times have unintended consequences in rural health,” said Nathan Baugh, Director of Government Affairs for the National Association of Rural Health Clinics. “The Save Rural Hospitals Act will correct one of the flawed formulas contributing to the financial struggles of rural providers.”

“It is critical that we protect rural hospitals so individuals and families in less populated communities in Virginia, and across the United States, can access essential medical services when they need them 24/7/365,” said Sean T. Connaughton, President and CEO of Virginia Hospital & Healthcare Association. “The COVID-19 pandemic is a stark reminder of the importance of access to hospital-based acute care services at a moment’s notice when seconds and minutes truly matter. Across the country, 180 rural hospitals have closed in the past 17 years, including two in Virginia since 2013. Senator Warner’s Save Rural Hospitals Act of 2021 is a welcome proposal that recognizes the challenging conditions facing many rural hospitals and offers a common sense solution to appropriately adjust reimbursement rates so hospitals aren’t unfairly penalized under an outdated payment methodology that fails to account for current realities.”

“In the struggle to provide health care access, rural hospitals are on the front line nationwide for large numbers of our most vulnerable citizens,” said Alan Levine, Executive Chairman and CEO of Ballad Health, an integrated delivery system in the Appalachian Highlands of Northeast Tennessee and Southwest Virginia. “The Save Our Rural Hospitals Act will fix long-standing problems in Medicare payment policy which has underpaid rural hospitals year after year, leaving many struggling financially or at worst, closing. This bill recognizes that rural hospitals are increasingly having to recruit nationwide for nurses and other staff in short supply, and Medicare’s Area Wage Index adjustments must account for that.”

Sen. Warner has been a champion for rural health care in Virginia. Earlier this week, Sen. Warner introduced the bipartisan Strengthening Rural Health Clinics Act that would protect nearly 30 rural health clinics in Virginia from unexpected payment cuts. Sen. Warner has also led efforts in Virginia to reopen the closed rural hospital in Lee County, Virginia. The Lee County hospital has now reopened as an urgent care facility and is on track to fully reopen as a hospital later this year.

A copy of the bill text can be found here. A one-page summary can be found here.

###

WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA), a former Governor of Virginia, wrote a letter to Gov. Ralph Northam urging him to do everything he can to accelerate Virginia Employment Commission’s (VEC) process of disbursing benefits to unemployment insurance claimants now that the American Rescue Plan has been signed into law.

“I am writing this letter today to urge you to use every lever at your disposal to speed up the process by which unemployment insurance claimants can receive their benefits. As of this writing, President Biden has signed the American Rescue Plan into law,” wrote Sen. Warner in his letter to Governor Northam. “The new law extends the Pandemic Emergency Unemployment Compensation (PEUC) program for the long-term unemployed, the Pandemic Unemployment Assistance (PUA) program for self-employed and gig workers, and the newly created Mixed Earner Unemployment Compensation (MEUC) benefit that I championed for workers with mixed sources of income.” 

The American Rescue Plan provided billions in federal relief for struggling Virginians who are out of work through no fault of their own by extending the historic unemployment insurance reforms established in the CARES Act through September 6, 2021. The bill extended the Pandemic Unemployment Assistance program for the self-employed, gig workers, freelancers and others in non-traditional employment; the $300 in weekly federal enhancement to state benefits; and the additional weeks of federal unemployment insurance for workers who exhaust their regular state benefits.

Warner noted, “It is my understanding that, following earlier passage of congressional legislation to extend these programs in December, constituents in Virginia faced many delays and communication problems with the Virginia Employment Commission (VEC). With the knowledge that these benefit systems were originally set to expire on December 26th, I worked with a bipartisan and bicameral group of lawmakers in the U.S. Congress to pass a relief package shortly before Christmas because it was understood that loss of benefits at this time of the year would be particularly cruel. Now, several months later, I hope you can agree that for constituents still experiencing delays the lack of pandemic unemployment insurance is unconscionable.”

In his letter to Gov. Northam, Sen. Warner referenced three items he would like the VEC to report back on:

1. What changes are being administered to ensure seamless disbursement of current PEUC/PUA funds and a seamless transition into this new PEUC/PUA extension into September 6th? 
2. What are the current plans to improve the communications between VEC and Virginians? 
3. What are the current plans to improve communications between VEC and employers to quickly determine worker eligibility for UI benefits and approve claims?

Sen. Warner also urged the VEC to implement six key solutions to address communication issues and provide clarity for Virginians seeking benefits by:

1. Providing detailed status updates on CARES Act related unemployment insurance benefits via vec.virginia.gov and getgov2go.com and through press releases.
2. Establishing a more robust phone system and customer service protocol. 
3. Providing updates across all VEC websites as well as web.getgov2go.com. 
4. If individuals must file a new claim, allowing the new claimant to use the previous PIN in order to prevent a further lag in weekly benefits due to postal service delays. 
5. Working with the Virginia Commission on Unemployment Compensation to collaborate on ways that the Virginia General Assembly can improve benefits delivery to constituents. 
6. Partnering with a nonprofit, non-partisan entity such as the U.S. Digital Response (USDR) or 18F, an office within the U.S. General Services Administration’s Technology Transformation Services (TTS), to address practical, low-cost ways to modernize technology and streamline the payment process. 

Concluded Warner, “I recognize that some of the issues experienced at the state level have been a direct result of the burden inherited from a patchwork unemployment insurance system that has not been updated since its inception. For that reason, I recently co-sponsored the Unemployment Insurance Technology Modernization Act to make sure that the U.S. Department of Labor has the resources to develop a robust technology system that states can opt into using. This new system would address many of the issues that have caused delays for claimants and I will continue to work to pass this bill into law. In the meantime, I plan to also ask the DOL to more proactively communicate with state agencies, consider issuing guidance on automatic renewal of claims, evaluate the funding formula to make sure it does not disadvantage large diverse states like the Commonwealth, and address fraud issues that have led to complications in implementation.” 

From the start of this crisis, Sen. Warner, a former tech entrepreneur and longtime leader on labor issues affecting contractors and the contingent workforce, has pushed to expand benefits for Americans who have found themselves unemployed through no fault of their own during the pandemic. In the months following passage of the CARES Act, Sen. Warner urged states to quickly implement federal provisions easing restrictions on emergency unemployment benefits, and called on the Department of Labor (DOL) to issue and clarify state guidance in order to ensure that workers were able to receive benefits. He also introduced legislation to help guarantee that Americans who earn a living through a mix of traditional (W-2) and independent employment income (1099) were able to fully access the financial relief made available under the PUA program.

The full text of the letter can be found here and below.

Dear Governor Northam: 

I am writing this letter today to urge you to use every lever at your disposal to speed up the process by which unemployment insurance claimants can receive their benefits. As of this writing, President Biden has signed the American Rescue Plan into law. The new law extends the Pandemic Emergency Unemployment Compensation (PEUC) program for the long-term unemployed, the Pandemic Unemployment Assistance (PUA) program for self-employed and gig workers, and the newly created Mixed Earner Unemployment Compensation (MEUC) benefit that I championed for workers with mixed sources of income. The new expiration date for these programs is September 6th, 2021.

Congress created these pandemic unemployment programs to disburse benefits to workers who would normally not be eligible for unemployment assistance for a variety of reasons. According to the U.S. Department of Labor, there were 171,364 continuing PUA claims and 29,425 PEUC claims in Virginia as of the week of February 27th. These workers include employees with insufficient earnings or work history to qualify for the regular state unemployment program, the long-term unemployed who have exhausted state benefits, domestic workers, freelance workers, contractors, and workers with mixed sources of income. Without these new programs and with limited opportunities for employment in this pandemic economy, these workers have no alternative safety net.

It is my understanding that, following earlier passage of congressional legislation to extend these programs in December, constituents in Virginia faced many delays and communication problems with the Virginia Employment Commission (VEC). With the knowledge that these benefit systems were originally set to expire on December 26th, I worked with a bipartisan and bicameral group of lawmakers in the U.S. Congress to pass a relief package shortly before Christmas because it was understood that loss of benefits at this time of the year would be particularly cruel. Now, several months later, I hope you can agree that for constituents still experiencing delays the lack of pandemic unemployment insurance is unconscionable.

I am hearing about this issue from constituents all across the Commonwealth. A constituent in Warrenton let us know that she applied to the PUA program weeks ago. She tried calling the VEC’s customer service line every day, all day for weeks. She then received a letter instructing her to provide more information and a phone number to call. When she called, VEC had no record of her application. The situation for this constituent is severe, she is now homeless. Another constituent in Centreville indicated he has not received benefits since December 26th. This constituent has a family with two children and cannot pay rent for February, insurance bills, or phone bills.

From Newport News to Henrico to Alexandria, constituents are contacting my office from every corner of the Commonwealth with desperate requests for relief. Some of them have waited 3 months, others have waited 11 months, and many are struggling to feed their children and keep a roof over their heads.

Now that President Biden has signed the American Rescue Plan into law and provided months of additional relief, it is imperative that the VEC work diligently to speed up the process of disbursing benefits to constituents and proactively communicate with claimants. I understand that earlier delays in delivering benefits were partly a result of time-intensive deliberations between the VEC and the U.S. Department of Labor (DOL) that could have been streamlined. In light of these issues, I would like the VEC to report on the following: 

1. What changes are being administered to ensure seamless disbursement of current PEUC/PUA funds and a seamless transition into this new PEUC/PUA extension into September 6th?

2. What are the current plans to improve the communications between VEC and Virginians?

3. What are the current plans to improve communications between VEC and employers to quickly determine worker eligibility for UI benefits and approve claims?

To address these communication issues going forward and provide clarity for the citizens Commonwealth, I recommend that the VEC implement the following solutions:

1. Provide detailed status updates on CARES Act related unemployment insurance benefits via vec.virginia.gov and getgov2go.com and through press releases, in order to reassure individuals that they will receive back-pay for the weeks they have certified. Official and concrete communications will allow Virginians to better communicate with landlords, utility companies, and others.

2. Establish a more robust phone system and customer service protocol. VEC should allow individuals who do not connect immediately with a representative to register on a “waitlist” or receive an approximation of when a representative will call them back. In addition, such an automated system would provide information such as the phone number that will call them and what materials should be readily available to ensure a more efficient conversation. The phone system should have two simple options for those who call in regarding claims and benefit questions versus technical, web-based questions regarding web.getgov2go.com. These measures would also help VEC prioritize phone tasks more efficiently.

3. Provide updates across all VEC websites as well as web.getgov2go.com. Automatically sign up those with getgov2go.com profiles to receive update emails. Create a visible notice specifically on the getgov2go website, reminding individuals to check their email spam settings and their getgov2go messages in order to mitigate constituents missing out on important information.

4. If individuals must file a new claim, allow the new claimant to use the previous PIN in order to prevent a further lag in weekly benefits due to an unreliable USPS. Recommend that VEC establish an online functionality to retrieve one’s PIN if lost or forgotten using corroborating information such as a recent utility bill or picture of an identification card before establishing the sole recourse of requesting one’s PIN via mail. Prepare the web.getgov2go.com website for the new extension of PUA, PEUC, and MEUC into September 6th, 2021.

5. Work with the Virginia Commission on Unemployment Compensation to collaborate on ways that the Virginia General Assembly can improve benefits delivery to constituents.

6. Partner with a nonprofit, non-partisan entity such as the U.S. Digital Response (USDR) or 18F, an office within the U.S. General Services Administration’s Technology Transformation Services (TTS) to address practical, low-cost ways to modernize technology and streamline the payment process. We know other states, such as Wisconsin, have gone this route with immediate success.

I recognize that some of the issues experienced at the state level have been a direct result of the burden inherited from a patchwork unemployment insurance system that has not been updated since its inception. For that reason, I recently co-sponsored the Unemployment Insurance Technology Modernization Act to make sure that the U.S. Department of Labor has the resources to develop a robust technology system that states can opt into using. This new system would address many of the issues that have caused delays for claimants and I will continue to work to pass this bill into law. In the meantime, I plan to also ask the DOL to more proactively communicate with state agencies, consider issuing guidance on automatic renewal of claims, evaluate the funding formula to make sure it does not disadvantage large diverse states like the Commonwealth, and address fraud issues that have led to complications in implementation.

Thank you for your timely attention to this request.

Sincerely, 

###

WASHINGTON – Today, U.S. Senators Mark R. Warner and Tim Kaine announced $2,390,400 in federal funding from the U.S. Department of Agriculture (USDA) to provide much needed infrastructure improvements around the Commonwealth. The funding was awarded through the Community Facilities Direct Loans & Grants Program and the Community Facilities Loan Guarantees Program, both administered by USDA’s Rural Development. These programs offer direct loans, loan guarantees, and grants to develop or improve essential public facilities in rural communities.

“We’re glad to see significant federal funding go toward investing in the infrastructure of our rural communities,” said the Senators. “These investments will help these regions better meet the needs of the communities they serve while continuing to address public safety challenges amid the COVID pandemic.”

The funding will be awarded through a grant-loan combination. A breakdown of the funding is below:

• Greensville County will receive a loan of $1,146,200 to purchase a new E-1 ladder fire truck for the Greensville Fire Department.
• Town of Blackstone will receive a grant of $75,000 and a loan of $78,000 to purchase a new sanitation vehicle. Additionally, Blackstone will receive two grants totaling $150,000 and two loans totaling $104,000 to purchase two new dump trucks for the town.
• Richmond County will receive a grant of $21,000 and a loan of $35,000 to purchase two law enforcement vehicles.
• Richmond County Volunteer Fire Department Inc. in Warsaw, Virginia will receive a grant of $75,000 and a loan of $375,000 to purchase a fire truck with a 3,000-gallon capacity to improve access to rural areas.
• Russell County Public Service Authority in Lebanon, Virginia will receive a grant of $75,000 and a loan of $97,700 to purchase six service trucks.
• Town of Exmore will receive a grant of $54,000 and a loan of $19,000 purchase a used street sweeper.

• Town of Brodnax will receive a grant of $66,000 to purchase three new sewer pumps and pump station controllers.
• Drakes Branch Volunteer Fire Department will receive a grant of $19,500 to purchase a utility terrain vehicle (UTV), trailer, and equipment.

 ###

WASHINGTON – U.S. Sen. Mark R. Warner issued a statement after Postmaster General Louis DeJoy released a ten-year strategic plan for the U.S. Postal Service (USPS) that would raise postage rates, slow some mail service, and reduce post office hours:

“I have heard from too many Virginians who are understandably upset with the poor mail service they have experienced in recent months. Louis DeJoy’s failures as Postmaster General are apparent to anyone who has been forced to wait weeks, sometimes months, for birthday cards, bills, or medications to arrive. I recognize that USPS has serious financial and logistical challenges ahead, but the least we owe the American people is a full USPS Board to review DeJoy’s new 10-year plan for the Postal Service. The Senate should confirm President Biden’s nominees as soon as possible.”

Last week, Sen. Warner along with Sen. Tim Kaine (both D-VA) sent a letter to congressional leaders urging speedy confirmation of President Joe Biden’s nominees to the U.S. Postal Service Board of Governors that oversees the U.S. Postal Service (USPS), citing the need for strict oversight over DeJoy’s ten-year plan. 

Sen. Warner has been vocal about reversing USPS operational changes that have affected the reliability of mail delivery. On Feb 1., Sens. Warner and Kaine sent a letter to DeJoy, calling on him to rescind policy changes that are delaying mail delivery including life-saving medicines, groceries, supplies, and more in the midst of the COVID-19 pandemic. Also last month, Sen. Warner joined 34 of his Democratic colleagues in pressing DeJoy on persistent mail delays and what action he is taking to restore on-time mail delivery. He earlier joined colleagues in calling on DeJoy to testify before Congress and provide clear, transparent answers on service delays that have caused seniors and veterans to miss their prescription medications, small businesses to lose money and customers over delayed packages, and other serious disruptions that affect communities across the country who count on the Postal Service for timely delivery. Additionally, Sen. Warner previously raised concerns over the USPS operational changes and the heightened impact to servicemembers and their families and pushed to correct the changes that are needlessly delaying veterans’ access to life-saving prescriptions.  

###