WASHINGTON – Today, U.S. Senators Mark Warner and Tim Kaine reintroduced the Virginia Plan to Reduce Gun Violence Act, legislation to federally enact a series of commonsense gun violence prevention measures adopted by the Commonwealth of Virginia last year. The bill includes provisions to close current background check loopholes, mandate reporting of lost and stolen firearms, prevent children from accessing firearms, and implement a one-handgun-a-month policy.

“Virginia knows all too well the heartbreaking consequences of gun violence,” the Senators said. “We’ve seen it in the tragedies of Virginia Tech and Virginia Beach and the countless drive-by shootings, domestic violence, and suicides by firearm across the country. We’re proud of the Commonwealth for leading the way to advance gun reform; now it’s time for Congress to save lives.”  

The Virginia Plan to Reduce Gun Violence Act of 2021 builds on Virginia’s 2020 commonsense framework to reduce gun violence by including the following provisions:                                                                                              

• Universal Background Checks: Closes loopholes in existing federal law by requiring background checks on all firearm sales and transfers, with exemptions for certain family members, law enforcement officers, servicemembers, hunting, target shooting, and self-defense.

• One-Handgun-a-Month: Limits purchases of handguns to one per month to curtail the stockpiling and trafficking of firearms.

• Reporting of Lost or Stolen Firearms: Requires gun owners to report lost or stolen firearms to the appropriate state or local law enforcement agency within 48 hours. State and local law enforcement agencies would be directed to report data collected to the FBI’s National Crime Information Center.

• Preventing Firearm Access to Minors: Promotes responsible gun ownership and safe storage practices by holding individuals liable for leaving a loaded, unsecured gun in the presence of a minor.

• Protection Order Prohibitions: Strengthens safeguards for victims of domestic violence by closing the “boyfriend loophole,” which currently allows abusive non-spousal partners to possess firearms, and expands firearms laws to prohibit persons convicted of dating violence or stalking from possessing firearms.

• Extreme Risk Protection Orders: Establishes a federal extreme risk protection order process to temporarily remove firearms from individuals who pose a high risk of harming themselves or others and incentivizes states to implement their own extreme risk protection laws and court protocols.

You can view the full bill text here.

Warner and Kaine have long-supported a sensible, comprehensive approach to curbing gun violence, including the expansion of mental health services, background record checks prior to gun purchases, and responsible limits on combat-style weapons and high-capacity magazines. In March, the Senators reintroduced the Background Check Expansion Act to expand federal background checks to all gun sales. Kaine has also introduced legislation to close the Charleston loophole, which allows gun sales to proceed if a background check is not completed after 72 hours.  

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, released the following statement after the Biden administration announced several steps to respond to Russian aggression, including interference in the 2020 election, the hack impacting thousands of SolarWinds customers, bounties on American soldiers in Afghanistan, and the illegal annexation of Crimea:

“I am glad to see the Biden administration formally attributing the SolarWinds hack to Russian intelligence services and taking steps to sanction some of the individuals and entities involved. The scale and scope of this hack are beyond any that we’ve seen before, and should make clear that we will hold Russia and other adversaries accountable for committing this kind of malicious cyber activity against American targets. Across both the public and private sector, we have a lot of work to do to deter our adversaries from conducting these types of damaging intrusions, and to guard against future interference in our elections. But this is a good first step in making clear that these sorts of actions are unacceptable and will be met with consequences.”

###

WASHINGTON – Today U.S. Sen. Mark R. Warner (D-VA) and U.S. Rep. David Price (D-NC) reintroduced bicameral, bipartisan legislation that would provide much-needed relief for individuals who previously consolidated their student loan debt with their spouse. While Congress eliminated the joint consolidation program in 2006, it did not provide a way for borrowers to sever existing loans, even in the event of domestic violence, economic abuse, or unresponsiveness from a former partner. The Joint Consolidation Loan Separation Act, cosponsored by Sens. Marco Rubio (R-FL) and John Cornyn (R-TX), would fix this oversight, which has unfortunately left too many borrowers liable for their former spouse’s student loan debt.

“Victims of domestic violence who flee their dangerous living situations shouldn’t find themselves burdened with their partner’s debt when trying to move forward with their lives. Unfortunately, that’s the reality for some Americans who are stuck with joint consolidation loans,” said Sen. Warner. “This commonsense bill would help a vulnerable population who’s been unfairly held responsible for their former partner’s debt, by giving them the ability regain their financial independence.” 

“This bill is a direct response to my constituent’s experience with a damaging joint consolidation loan. I introduced this bill to provide relief to borrowers who are victims of abusive or uncommunicative spouses by allowing them to sever these loans,” said Rep. Price. “The impact on borrowers is often crippling and I’m grateful for the bipartisan support that this common-sense bill has received. Congressional action is long overdue.” 

“Survivors of domestic violence should never have to pay the debts of their abuser,” Sen. Rubio said. “This legislation would provide financial independence to those survivors who previously consolidated their student loan debt with their partner. I am proud to join Senators Warner and Cornyn in reintroducing this legislation, and I urge my Senate colleagues to support this bill to deliver relief to these individuals.” 

“Victims of domestic abuse should never, ever be on the hook for an abusive partner’s debt,” said Sen. Cornyn. “I am proud to join this commonsense, bipartisan effort that will be key in helping vulnerable Texans, and others across the nation, regain their financial autonomy.”

Specifically, the Joint Consolidation Loan Separation Act would allow borrowers to submit an application to the Department of Education to split the joint consolidation loan into two separate federal direct loans. The joint consolidation loan remainder – the unpaid loan and accrued unpaid interest – would be split proportionally based on the percentages that each borrower originally brought into the loan. The two new federal direct loans would have the same interest rates as the joint consolidation loan.  

Each borrower would also have the ability to transfer eligible payments made on the joint consolidation loan towards income-driven repayment programs and the Public Service Loan Forgiveness program.  

The Joint Consolidation Loan Separation Act is supported by a number of organizations, including the National Network to End Domestic Violence, National Consumer Law Center, North Carolina Coalition against Domestic Violence, and the Virginia Sexual and Domestic Violence Action Alliance.

“When survivors escape abuse, they should be able to start over without the debts of their abusers. We applaud this bill for creating a solution for those survivors who consolidated loans either in good faith or under duress and are now rebuilding their lives,” said Monica McLaughlin, Director of Public Policy at the National Network to End Domestic Violence. 

“For far too long, many student loan borrowers have been stuck in joint consolidation loans, and this bill ensures that struggling borrowers, including survivors of domestic and economic abuse, who previously consolidated their student loan debts, have the opportunity to regain their financial footing. We applaud Senator Warner and Representative Price for their efforts. This bill would benefit many vulnerable student loan borrowers, and we are proud to support it,” said Persis Yu, Director, Student Borrower Assistance Project for the National Consumer Law Center.

“Survivors of domestic violence in North Carolina face many barriers when they decide to leave an abusive relationship; shouldering the burden of an abusive partner’s debt should not be one of them. We applaud Congressman Price for filing this bill and helping survivors get one step closer to regaining rebuild their lives and regain their financial independence,” said Kathleen Lockwood, Legal & Policy Director at the North Carolina Coalition Against Domestic Violence. 

“The Action Alliance is pleased to support these efforts to provide victims of domestic and economic abuse with student loan relief. This bill will make a difference for people who need it, and I hope Congress will move swiftly to enact it,” said Jonathan Yglesias, Policy Director at the Virginia Sexual and Domestic Violence Action Alliance.

A copy of the one-pager can be found here. A copy of the bill text and be found here.

###

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 – Today Senate Select Committee on Intelligence Chairman Sen. Mark R. Warner (D-VA) led a bipartisan group of Senators in urging President Joe Biden to request at least $3 billion as part of his budget request to Congress for the adoption of 5G alternatives to Chinese-made equipment. Specifically, the Senators urged Biden to request at least $1.5 billion each for two funds established by Congress to encourage the adoption of Open Radio Access Network (Open RAN) equipment, which would allow additional vendors to enter the 5G market and compete with manufacturers like Huawei, which is heavily subsidized by the Chinese government.

“Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies. For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns. For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs,” the Senators wrote in a letter. “As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services. This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America. Providing resources for these Funds in your budget request presents an opportunity to realize this vision.”

Today’s letter was signed by bipartisan members of the Senate Intelligence Committee: Chairman Warner, Vice Chairman Marco Rubio (R-FL), and Sens. Dianne Feinstein (D-CA), Richard Burr (R-NC), Ron Wyden (D-OR), Susan Collins (R-ME), Martin Heinrich (D-NM), Roy Blunt (R-MO), Angus King (I-ME), Tom Cotton (R-AR), Michael Bennet (D-CO), John Cornyn (R-TX), Bob Casey (D-PA), Ben Sasse (R-NE), and Kirsten Gillibrand (D-NY).

The full text of the letter appears below, and a copy is available here. 

Joseph R. Biden, Jr.   

The President

The White House

1600 Pennsylvania Avenue NW

Washington, D.C. 20500

Dear Mr. President:

As you prepare your budget request for Fiscal Year 2022, we ask that you provide at least $1.5 billion each for both the Public Wireless Supply Chain Innovation Fund and the Multilateral Telecommunications Security Fund.  These Funds provide critical foundations for  robust, secure, and efficient fifth-generation (5G) networks, and will be integral to the ability of the United States and its allies to adopt Open Radio Access Network (Open RAN) equipment at a scale necessary to compete with the equipment vendors of our strategic rivals, including China.

These Funds, established in Section 9202 of the National Defense Authorization Act (NDAA) for Fiscal Year 2021, are consistent with your Interim National Security Strategic Guidance, which calls for investments to retain our scientific and technological edge, build secure 21st century digital infrastructure (including secure 5G networks), and partner with democratic friends and allies.  Investments in these Funds will also enable the development and deployment of an Open RAN approach to network standardization for nationwide 5G (and successor) wireless capabilities.

Current RAN infrastructure relies on closed, end-to-end hardware solutions that are expensive to operate and dominated by foreign companies.  For example, Huawei, a company with inextricable links to the Chinese government and a history of disregard for the intellectual property rights of U.S. companies, offers end-to-end RAN hardware, which poses significant counterintelligence concerns.  For years, we have called on telecommunications providers in the U.S., as well as our allies and partners, to reject Huawei 5G technology, but we have not provided competitively-priced, innovative alternatives that would address their needs. 

As wireless networks adapt to the growing demands for 5G connectivity, a new Open RAN architecture will allow telecommunications providers to migrate from the current hardware-centric approach into a software-centric model that  relies heavily on cloud-based services.  This architecture will break down the current end-to-end proprietary stack of hardware; lower barriers to entry and prompt innovation; diversify the supply chain and decrease dependence on foreign suppliers; and spur Open RAN deployments throughout the United States, particularly in rural America.  Providing resources for these Funds in your budget request presents an opportunity to realize this vision.

We look forward to working with you in a bipartisan manner on this critical national priority. 

Cc:

Mr. Ronald A. Klain, White House Chief of Staff

Mr. Jacob J. Sullivan, Assistant to the President for National Security Affairs

Mr. Robert Fairweather, Acting Director, Office of Management and Budget

The Honorable Gina M. Raimondo, Secretary of Commerce

The Honorable Antony J. Blinken, Secretary of State

###

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, a bipartisan group of U.S. national security leaders penned a letter to the Biden administration urging it to strongly consider the provisions laid out in the bipartisan Democracy Technology Partnership Act. The bill – introduced by U.S. Sen. Mark R. Warner (D-VA) and a bipartisan group of Senators earlier this month – aims to develop a partnership and strategy among democratic countries to compete against growing technological strength and influence by the Chinese Communist Party and other authoritarian regimes.  

The letter is penned by a broad bipartisan cohort of national security experts including, Ash Carter, former U.S. Secretary of Defense; Jim Clapper, former Director of National Intelligence (DNI); Richard Danzig, former U.S. Secretary of the Navy; Michèle A. Flournoy, former Under Secretary of Defense for Policy; Richard Fontaine, Chief Executive Officer of the Center for a New American Security (CNAS); Stephen J. Hadley, former U.S. National Security Advisor; Michael V. Hayden, former Director of the Central Intelligence Agency (CIA) and the National Security Agency (NSA); Admiral William H. McRaven, retired U.S. Navy four-star Admiral and former Commander of U.S. Special Operations Command; Stephanie O’Sullivan, former Principal Deputy Director of National Intelligence; and Anne-Marie Slaughter, CEO of New America and former Director of Policy Planning at the U.S. Department of State.

“We believe the bill offers an important idea: creating a diplomatic mechanism to execute a national security strategy, which places technology competition and international partnerships at its center,” the bipartisan national security leaders wrote to U.S. Secretary of State Anthony Blinken and U.S. National Security Advisory, Jake Sullivan. “The strength of the United States – politically, economically, and militarily – will depend on the ability of the United States and like-minded democratic countries to lead in the development and deployment of emerging and critical technologies. Significant advances are occurring across a variety of technology sectors, including wireless telecommunications, biotechnology, artificial intelligence, semiconductors and quantum computing, with major implications for every aspect of American life.” 

In the letter, the national security leaders describe how the Democracy Technology Partnership Act would help set international standards and norms on emerging and critical technologies. 

“For the better half of a century, the United States led in scientific research and the development of transformational technologies, translating into significant economic and military benefits for the American people. This leadership also enabled us to set the rules of the road governing the use of new technologies in ways that reflected our democratic values,” they continued. “However, in recent years, as U.S. leadership has eroded, the People’s Republic of China has stepped up its efforts to dominate critical and emerging technologies. Their approach has included heavily subsidizing Chinese companies, conducting forced technology transfers, investing significantly in research and development, heavily promoting the global adoption of Chinese technologies, and leveraging international standard setting bodies. They have used these technologies for undemocratic ends internally, such as censorship and surveillance, and exported these technologies, with their illiberal values, abroad.”

“Given the size of the PRC and the scale of its investments, the United States cannot protect its technologies nor compete on its own. The world’s major liberal-democratic nations must work together to help set international standards and norms, conduct joint research, coordinate export controls and investment screening, and make collaborative investments abroad. The Democracy Technology Partnership Act outlines an important vision and strategic plan for how the United States should collaborate with friends and allies on a technology strategy while promoting and protecting our common interests. We ask for your strong consideration of its provisions,” they concluded.

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

The Honorable Antony J. Blinken

Secretary of State

U.S. Department of State

2201 C Street, NW

Washington, D.C. 20520

Mr. Jake Sullivan

National Security Advisor

The White House

1600 Pennsylvania Ave., NW

Washington, D.C. 20500

Dear Secretary Blinken and Mr. Sullivan:

We write to convey our support for the bipartisan Democracy Technology Partnership Act (S.604), recently introduced by Senators Warner, Menendez, Schumer, Young, Cornyn, Sasse, Rubio and Bennet. The bill establishes an office that would seek to create a new diplomatic partnership of the world’s tech-leading democracies to coordinate technology policy, standards, and development. We believe the bill offers an important idea: creating a diplomatic mechanism to execute a national security strategy, which places technology competition and international partnerships at its center.

The strength of the United States – politically, economically, and militarily – will depend on the ability of the United States and like-minded democratic countries to lead in the development and deployment of emerging and critical technologies. Significant advances are occurring across a variety of technology sectors, including wireless telecommunications, biotechnology, artificial intelligence, semiconductors and quantum computing, with major implications for every aspect of American life.   

For the better half of a century, the United States led in scientific research and the development of transformational technologies, translating into significant economic and military benefits for the American people. This leadership also enabled us to set the rules of the road governing the use of new technologies in ways that reflected our democratic values.  

However, in recent years, as U.S. leadership has eroded, the People’s Republic of China has stepped up its efforts to dominate critical and emerging technologies. Their approach has included heavily subsidizing Chinese companies, conducting forced technology transfers, investing significantly in research and development, heavily promoting the global adoption of Chinese technologies, and leveraging international standard setting bodies. They have used these technologies for undemocratic ends internally, such as censorship and surveillance, and exported these technologies, with their illiberal values, abroad.

Given the size of the PRC and the scale of its investments, the United States cannot protect its technologies nor compete on its own. The world’s major liberal-democratic nations must work together to help set international standards and norms, conduct joint research, coordinate export controls and investment screening, and make collaborative investments abroad. 

The Democracy Technology Partnership Act outlines an important vision and strategic plan for how the United States should collaborate with friends and allies on a technology strategy while promoting and protecting our common interests. We ask for your strong consideration of its provisions. 

Sincerely,

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced that two emergency projects across the Commonwealth will receive $2,624,138.82 in federal funding from the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA). The federal funds will be used to communicate COVID-19 warnings and guidance to Virginians, and procure and utilize medical supplies and equipment to combat the virus. 

“We’re glad to see these federal dollars go towards managing, controlling, and reducing 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 combat 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,           

###