WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (D-VA) announced the inclusion of key Virginia priorities in the Senate’s Fiscal Year 2024 draft funding bills. All 12 bills were passed out of the Senate Appropriations Committee on a bipartisan basis.

“We are proud to announce that the Senate’s draft government spending legislation for Fiscal Year 2024 includes critical funding that will keep the government open, back record investments in infrastructure and U.S. competitiveness, uplift rural and underserved communities, support servicemembers and military families, provide assistance to miners suffering from black lung disease, and support key industries that are central to Virginia’s economy. We’re also proud to have secured more than $111 million for specific community projects all throughout Virginia as we work to ensure our federal budget meets Virginians’ needs. We hope that our colleagues in the House of Representatives will negotiate in good faith in order to reach a compromise on a final deal that includes funding for these important priorities,” said Sens. Warner and Kaine.

As part of the Fiscal Year 2024 appropriations process, members of Congress were able to work with the communities they represent to request funding for local community projects, otherwise known as earmarks, in a manner that promotes transparency and accountability. This process allows Congress to dedicate federal funding for specific projects in Virginia. The Senators worked to secure more than $111 million for community projects across the Commonwealth. In addition to battling for these priorities, the Senators will work to ensure funds obtained by Virginia House members also remain in the final spending bills. 

More information regarding specific projects in Virginia that will receive Congressionally Directed Spending is available below:

• For projects in Northern Virginia, click here.
• For projects in Central Virginia, click here.
• For projects in the Shenandoah Valley, click here.
• For projects in Southwest Virginia and Southside, click here.
• For projects in Hampton Roads, click here.
• For projects that impact communities in multiple regions across the Commonwealth click here.

 
The following list includes many provisions championed by Sens. Warner and Kaine on behalf of Virginia that were included in the 12 government funding bills: 

Boosting Local Economies: Includes $200 million for the Appalachian Regional Commission and $20 million for the Southeast Crescent Regional Commission to support their work to build economic partnerships, create opportunity, and foster economic development.  

Implementing the CHIPS and Science Act of 2022: Includes $11 billion to implement the bipartisan CHIPS and Science Act of 2022, championed by Sens. Warner and Kaine. Funding will allow the U.S. to keep pace with China and other competitors in scientific fields that can power the economy, such as artificial intelligence, quantum computing, microelectronics, clean energy, and advanced communications. Sen. Warner first introduced the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Act in June 2020 along with Sen. John Cornyn (R-TX).  

Implementing the Infrastructure Investment and Jobs Act (IIJA): Provides full funding for numerous transportation programs authorized in the IIJA, including $29.5 billion for the National Highway Performance Program, $3.1 billion for the Highway Safety Improvement Program, $245 million for the Rail-Highway Grade Crossings Program, $14.3 billion for the Surface Transportation Block Grant Program, and $2.4 billion for the Bridge Investment Program. Sen. Warner was a lead author and negotiator of the IIJA.  

Strengthening Transportation and Recreation Infrastructure: Provides $150 million for the Washington Metropolitan Area Transit Authority (WMATA) and $45 million for the Active Transportation Infrastructure Investment Program, which supports multi-purpose trails. 

Making Our Communities Safer: Provides $732 million – a $32 million increase from Fiscal Year 2023 – for Violence Against Women Prevention and Prosecution programs to prevent violence and better support survivors. This legislation also includes over $534 million for Community Oriented Policing Services to support state and local law enforcement and communities in developing comprehensive, evidence-based violence intervention and prevention programs based on partnerships between community residents, law enforcement, local government agencies, and other community stakeholders. This includes efforts to address gang and gun violence and improve school safety.

Support for Missing Persons Program: Includes $1 million to help with the nationwide implementation of the Ashanti Alert system. In 2018, Sen. Warner secured unanimous Senate passage of the Ashanti Alert Act, legislation that created a new federal alert system for missing or endangered adults between the ages of 18-64. The bill was signed into law on December 31, 2018. 

Investing in Children: Provides $8.7 billion for the Child Care and Development Block Grant (CCDBG), which provides financial assistance to help low-income families access child care. This is $700 million more than Fiscal Year 2023. The bill also includes $12.3 billion, $300 million more than Fiscal Year 2023, for Head Start, the national school readiness program. In July, Sens. Warner and Kaine urged the White House to provide additional funding to help stabilize the child care industry. In April, Sen. Kaine introduced the Child Care for Working Families Act, legislation that would help ensure families can find and afford child care by expanding access to more high-quality options, stabilizing the child care sector, and helping ensure child care workers taking care of our nation’s kids are paid livable wages. The bill also includes $15 million for the Infant and Early Childhood Mental Health program – a program that Sen. Kaine reauthorized via bipartisan legislation.  

Making Higher Education More Affordable: Provides a $250 boost to the maximum Pell Grant in the 2024-2025 school year, raising the maximum award to $7,645. The bill also includes over $1 billion, an increase of $5 million, for programs to strengthen Historically Black Colleges and Universities and other minority-serving institutions.

Supporting K-12 Education: Provides over $18.5 billion for Title I-A grants, which supports school districts with low-income students. This is $175 million more from Fiscal Year 2023. The bill also provides over $5 billion for the primary Individuals with Disabilities Education Act (IDEA) Special Education State grant program, an increase of $175 million from Fiscal Year 2023. In July, Sen. Kaine reintroduced the IDEA Full Funding Act, legislation that would ensure Congress fulfills its commitment to fully fund IDEA through regular, mandatory increases in spending.

Investing in Affordable Housing: Includes $1.5 billion for the HOME Investment Partnerships Program, which provides fundingto state and local governments for housing construction, and $3.3 billion in Community Development Block Grants (CDBG), which can be used to support affordable housing, community development, and economic development. Also includes $3.9 billion for Homeless Assistance Grants (HAG), to help families and individuals experiencing or at risk of homelessness. Sens. Warner and Kaine are strong advocates for affordable housing funding each year.

Supporting Nutrition Programs: The bill includes $6.3 billion – a $615 million increase from Fiscal Year 2023 – for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to ensure over 6 million women, infants, and children can access adequate nutrition. It also fully funds the Supplemental Nutrition Assistance Program (SNAP) to serve an estimated 42 million people per month – with no new restrictions on eligibility – and fully funds the Child Nutrition Programs to help serve an estimated 5 billion lunches and 2.6 billion breakfasts to kids across the country. 

Fighting Global Hunger: Provides $1.8 billion for the Food for Peace program and $248.3 million for the McGovern-Dole Food for Education program, while the State and Foreign Operations bill provides a $691 million increase in funding for humanitarian assistance programs, including increased investments in addressing global hunger and enhancing food security.  

Preventing and Treating Substance Use: Provides $5 billion – an increase of $125 million over Fiscal Year 2023 – for opioid treatment and prevention. This includes $40 million for the Substance Use Prevention, Treatment, and Recovery Services Block Grant; $20 million for the State Opioid Response grants; $10 million for the Rural Communities Opioid Response Program; and $20 million for NIH opioid research programs. 

Fighting the Flow of Fentanyl: Includes $719 million to improve the detection and seizure of fentanyl and other narcotics at ports of entry with new technology and personnel. Invests $105 million in new resources to disrupt transnational criminal organizations and stop fentanyl and illicit drugs at their source. Sens. Warner and Kaine are both cosponsors of the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, a sanctions and anti-money laundering bill targeting the illicit fentanyl supply chain. Earlier this year, Sens. Kaine and Joni Ernst (R-IA) led bipartisan legislation to direct increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense and involving Mexico as an active partner to combat the fentanyl crisis. That legislation was included in the Senate-passed National Defense Authorization Act.

Addressing Long COVID Needs: Includes $10 million for the Agency for Healthcare Research and Quality (AHRQ) to support access to comprehensive, coordinated, and person-centered care, particularly for underserved, rural, vulnerable, or minority populations that are disproportionately impacted by the effects of Long COVID. Also includes $5 million for the Health Resources and Services Administration (HRSA) to establish a network of Long COVID Centers of Excellence that can gather, develop and disseminate data regarding evidence-based treatment; educate and train providers on best practices; conduct outreach to affected populations and community organizations; and coordinate access to care. Sen. Kaine has been a strong advocate for helping individuals with Long COVID, including by leading the bipartisan Long COVID Support Act with Sen. Todd Young (R-IN).

Supporting Rural Health: Includes a $12 million increase for Rural Health programs. This includes a $10 million increase in the Rural Communities Opioid Response Program and a $2 million increase for the Rural Health Outreach program, which supports projects that demonstrate new and innovative modes of outreach in rural areas. Also includes $5 million to the Centers for Disease Control and Prevention to establish an Office of Rural Health. Sen. Kaine supported the establishment of this office as a cosponsor of the Rural Health Equity Act, and led a letter to the Senate Appropriations Committee in FY23 requesting this funding.

Addressing the Maternal Mortality Crisis: Includes an increase of $10 million for the Implementing a Maternal health and Pregnancy Outcomes Vision for Everyone (IMPROVE) Initiative to combat alarming rates of maternal mortality, as well as an increase of $2.5 million for programs to improve health outcomes during and after pregnancy and reduce disparities in maternal and infant health outcomes. Also includes $110.5 million for the Centers for Disease Control and Preventions Safe Motherhood and Infant Health programs, which is a $2,500,000 increase from fiscal year 2023 and more than $1.7 billion for the Eunice Kennedy Shriver National Institute of Child Health and Human Development, which is a $10,000,000 increase from fiscal year 2023. Sen. Kaine led a bipartisan letter to the Appropriations Committee asking for robust funding for these programs.

Pandemic Preparedness: Includes $3.67 billion for the Administration for Strategic Preparedness and Response (ASPR). This includes a $20 million increase for the Biomedical Advanced Research and Development Authority (BARDA) to support the advanced development of vaccines, therapeutics, diagnostics and devices for potential serious public health threats, and $75 million to establish a new program in manufacturing and production to ensure that critical resources including medical countermeasures and ancillary supplies are manufactured in the United States. 

Increasing Funding for Pediatric Research: Provides $12.6 million to further fund the Gabriella Miller Kids First Research Act—legislation championed by Sens. Warner and Kaine and named after a child from Loudoun County who died from a brain tumor in 2013. 

Supporting the Refugee Resettlement Program: Includes $133 million for refugee settlement to meet the goal of 125,000 refugee admissions for Fiscal Year 2024. 

Expanding Home Energy Assistance: Includes $4.075 billion – an increase of $75 million from Fiscal Year 2023 – for the Low Income Home Energy Assistance Program (LIHEAP), which provides assistance to low-income households to help heat or cool their homes. Sens. Warner and Kaine have been strong advocates for lowering energy costs and have consistently advocated for robust funding for LIHEAP. 

Expanding High-Speed Internet Access: Includes $98 million for the USDA’s ReConnect Program to expand access to high-speed broadband to remote underserved areas. Sens. Warner and Kaine have been vocal advocates for expanding broadband. As Governors and Senators, Sens. Warner and Kaine have long supported expanding broadband access in Virginia. During the pandemic, they secured significant funding for broadband through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Sens. Warner and Kaine also joined a bipartisan letter to Senate leadership requesting this funding earlier this year, and Sen. Warner personally secured billions of dollars for broadband expansion in both the American Rescue Plan and the Infrastructure Investment and Jobs Act. 

Increasing Military Pay and Compensation: Fully funds the 5.2 percent pay raise for servicemembers, while providing $29.6 billion for housing and $8.4 billion for subsistence – including BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence—food for servicemembers not living in government quarters).

Economic Support for Underserved Communities: Provides $341 million for the U.S. Department of the Treasury Community Development Financial Institution (CDFI) Fund. Sens. Warner and Kaine requested this funding. Sen. Warner has led efforts in Congress to support CDFIs through legislation including the Jobs and Neighborhood Investment Act and the creation of the bipartisan Senate Community Development Finance Caucus.  

Small Businesses: Provides $1.2 billion to the Small Business Administration to help small businesses thrive. This funding will support SBA’s lending programs, which increase access to capital for small businesses, as well as their entrepreneurial development programs, which include services that help entrepreneurs start and grow their businesses, such as the Small Business Development Center and Women’s Business Centers networks.

Addressing Internal Revenue Service (IRS) Delays and Customer Service Issues: Includes $12.3 billion for the IRS, which will enable it to continue to update ancient computer systems, improve customer service, and reduce wait times for refunds and other services. Sens. Warner and Kaine have consistently pushed the IRS to address poor customer service and severe delays within the department.  

Support for Miners: Includes $12.19 million for Black Lung Clinics. Sens. Warner and Kaine have actively worked to secure benefits for miners and their families suffering from black lung disease. In July, Sens. Warner and Kaine reintroduced the Relief for Survivors of Miners Act, which would ease restrictions to make it easier for miners’ survivors to successfully claim benefits. In June, the Senators also urged the Biden Administration to issue new silica standards to protect miners across America – a push that helped contribute towards the release of those standards.

Restoring the Chesapeake Bay: Includes $93 million for the Environmental Protection Agency’s (EPA) Chesapeake Bay Program, the primary federal program that coordinates Chesapeake Bay restoration and protection efforts throughout the Bay watershed.

Strengthening Our Ports: Provides $1.2 billion for the Maritime Administration (MARAD), including $213 million for the Port Infrastructure Development Program (PIDP), which supports the buildout and modernization of our nation’s ports including the Port of Virginia.

Advancing Scientific Discovery: Includes $8.43 billion – an increase of $330 million from Fiscal Year 2023 – for the Department of Energy’s (DOE) Office of Science. DOE’s Office of Science sponsors basic research in the physical sciences and supports 22,000 researchers at 17 national laboratories across the country, including Jefferson Lab in Newport News, Virginia.

Protecting our Courts: Provides $11.4 million to improve security of the Walter E. Hoffman Courthouse in Norfolk, Virginia. Sen. Kaine visited the Hoffman Courthouse in 2020 to observe the serious security vulnerabilities firsthand and the Senators have been fighting to enhance its security ever since. The Senators last wrote to the U.S. General Services Administration (GSA) in January 2023 to push for the long delayed security measures.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine celebrated the one year anniversary of the InflationReduction Act becoming law. Last August, the senators voted to pass the Inflation Reduction Act, legislation to lower health care and prescription drug costs, bring down energy bills, and tackle climate change—all while lowering the deficit.

“From capping the cost of insulin to $35 per month for seniors on Medicare to helping more families make energy efficient home improvements, the Inflation Reduction Act is already lowering costs for hundreds of thousands of Virginians in the year since it became law,” said the senators. “In the years ahead, we look forward to seeing the law’s impacts, including a $2,000 annual cap on out-of-pocket costs for prescription drugs for Medicare recipients. We remain committed to making sure communities across Virginia continue to benefit from the law’s many provisions." 

Below is a list of provisions that have already taken effect in the year since the law was enacted.

Health Care

• Black lung benefits: The law permanently extends the black lung excise tax at a higher rate, providing more certainty for miners, miner retirees, and their families who rely on the fund to access benefits. In Virginia, thousands of miners and their families have received benefits through the trust fund since it was established, including approximately 2,600 Virginians in 2021. Watch here to learn more about what this means for miners and miner retirees like Mr. James Gibbs, a Bristol native, the At-Large International Vice President of the United Mine Workers of America (UMWA), and Kaine's guest to the 2023 State of the Union.
• $35 cap on the cost of insulin: Out-of-pocket costs for insulin—regardless of how much a patient needs—is capped at $35 per month under Medicare. Thanks to the Inflation Reduction Act, 36,461 Virginians on Medicare who use insulin now pay no more than $35 per month. Click here to learn how seniors like Mrs. Marguerite Bailey Young of Fredericksburg, who was Warner’s guest to the 2023 State of the Union, are benefiting from the $35 cap. 
• Free vaccines for Medicare recipients: People with Medicare no longer have to pay to receive vaccines under Medicare Part D, which includes vaccines for shingles, HPV, MMR, diphtheria, and pertussis. 1,095,331 Virginia seniors on Medicare are able to receive the shingles vaccine and other recommended vaccines at no cost.
• Extension of ACA subsidies: During the pandemic, Congress enhanced subsidies under the Affordable Care Act (ACA) to help lower health care premiums for millions of Americans. The Inflation Reduction Act extended these enhanced subsidies through 2025 to help make Virginians’ health insurance more affordable. 304,469 Virginians with ACA coverage are receiving assistance to lower the cost of their premium. In 2022, Virginians saved an average of $508 per month on their health insurance premium.
• Penalties on drug manufacturers that increase prices: Manufacturers are required to keep the increase in the cost of their drugs at or below inflation.

Clean Energy 

• Boosts to clean energy investments: Clean energy manufacturers can apply for expanded tax credits that incentivize investment in and production of renewable energy technologies like solar power and offshore wind. The Inflation ReductionAct set aside $4 billion in credits for businesses that make these investments in energy communities that have seen closures of coal mines or retirements of coal-fired power plants in recent years. This means that communities in Virginia, especially Southwest Virginia, are well-positioned to benefit from many of these tax credits and funding opportunities.
• Improvements to home energy efficiency: Homeowners can receive up to 30 percent back through tax credits for making energy efficiency improvements to their home—generally up to a maximum of $1,200 per year but potentially up to $3,200 if improvements include heat pumps, heat pump water heaters, or biomass stoves. 
• Increased access to electric vehicles: Qualified individuals can get up to a $7,500 consumer credit for the purchase of new electric vehicles. There are additional incentives to help ensure those vehicles are produced in North America. Qualified individuals can receive a tax credit of up to $4,000 for certain used electric vehicles and plug-in hybrids purchased through a dealership. In order to qualify for the full value of the credit, the vehicle must: have a battery capacity of at least 7kW hours; generally be a model at least two years old; and be sold by a participating dealer that is licensed in the jurisdiction. For new vehicles, eligible taxpayers include single filers with incomes under $150,000 annually and households with joint incomes under $300,000 annually if the head of household earns under $225,000 annually. The vehicle’s price is limited to $55,000 for compact vehicles and $80,000 for SUVs, vans, and pick-ups. For used EVs, single filers must have an income under $75,000 annually or $150,000 as a household, as long as the head of household makes under $112,500 annually. The used vehicle’s price is limited to $25,000.

While many provisions in the Inflation Reduction Act have already been implemented, there are additional provisions that will begin later this year or in the years to come.

• Medicare drug price negotiation: On September 1, 2023, the Centers for Medicare & Medicaid Services (CMS) will release a list of the first 10 drugs covered under Part D eligible for the Medicare drug price negotiation program. The Inflation Reduction Act provided Medicare with the ability to negotiate lower prescription drug prices for the first time in history. The negotiated prices will go into effect in 2026.
• Free vaccines for Medicaid recipients: On October 1, 2023, Medicaid and CHIP will cover vaccines for Medicaid-covered adults. Currently, vaccine coverage is optional for states. 2,040,696 Virginia Medicaid recipients will have access to expanded vaccine coverage.
• Cap on out-of-pocket costs on prescription drugs: Beginning in 2025, there will be a $2,000 cap on out-of-pocket costs on prescription drugs for seniors covered under Medicare Part D. Some estimates have shown that Virginia seniors on Medicare will save an average of $440.62 on out-of-pocket costs on prescription drugs thanks to this cap. Watch here to hear what this cap will mean for seniors like Mr. Irv Varkonyi from Fairfax.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, today urged CEOs of several prominent artificial intelligence (AI) companies to address reports that their chatbots are easily exploited to provide detailed instructions that promote eating disorders. In a series of letters to the CEOs of Open AI, Google, and Snap, Sen. Warner called attention to concerning responses and urged each company to immediately stop disseminating harmful content.

According to a recent study from the Center for Countering Digital Hate, OpenAI’s ChatGPT, Google’s Bard and Snapchat’s My AI consistently generate content that promote eating disorders. When prompted, these chatbots provide detailed information on hiding uneaten food from parents, instructions to trigger a gag reflex, and promote “chewing and spitting” as an extreme weight loss method, among other troubling examples. 

“The failure of your company to implement adequate safeguards to protect vulnerable individuals, especially teens and children, from well-established and foreseeable harms is of grave concern, and I urge you to quickly take steps to fix this glaring problem,” Sen. Warner wrote. 

The letters raise concerns specific to each chatbot’s troubling responses and highlight the high occurrence and fatality rates of eating disorders. Research from Sen. Warner’s office further showed that leading datasets used for model training include harmful eating disorder content – potentially embedding harmful associations into the most powerful generative models.

“I urge you to immediately take steps to protect vulnerable users from your products by implementing safeguards that prevent your products from providing harmful advice and recommendations related to eating disorders, including securing against prompt injection techniques,” Sen. Warner continued. 

The letters also raise concern with the inability of leading generative AI companies to implement adequate safeguards from well-established and foreseeable harms. Each letter concludes with a request for a written plan from each company on their efforts to eradicate these harmful model behaviors.

Sen. Warner, a former tech entrepreneur, has been a vocal advocate for responsible AI development and deployment. Earlier this week, he wrote to Google CEO Sundar Pichai to raise concerns about Google’s testing of new AI technology in real medical settings. Last month, he called on the Biden administration to work with AI companies to develop additional guardrails around the responsible deployment of AI. In April, Sen. Warner directly expressed concerns to several AI CEOs – including Sam Altman and Sundar Pichai – about the potential risks posed by AI, and called on companies to ensure that their products and systems are secure.  He has also introduced several pieces of legislation aimed at making tech safer and more humane, including the RESTRICT Act, which would comprehensively address the ongoing threat posed by technology from foreign adversaries; the SAFE TECH Act, which would reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms; and the Honest Ads Act, which would require online political advertisements to adhere to the same disclaimer requirements as TV, radio, and print ads.

Copies of each letter can be found here. 

WASHINGTON – U.S. Sen. Mark Warner joined Sens. Ben Ray Luján (D-NM), Edward Markey (D-MA), and others to urge the Federal Communications Commission (FCC) to enforce its existing regulations regarding consent for receiving telemarketing calls, also known as robocalls. The letter also asks the FCC to issue guidance along the lines of the Federal Trade Commission’s (FTC) recent Business Guidance restating the FCC’s long-held requirements for these unwanted telemarketing calls. By issuing guidance similar to the FTC’s, the FCC will assist telemarketers and sellers in complying with these requirements. 

“While the consideration of new regulations may be appropriate in some instances, we believe that the FCC’s current regulations already prohibit many of the activities that lead to the proliferation of unwanted telemarketing calls,” wrote the Senators. “Both the regulations issued in 2003 delineating the rules for telemarketers to obtain consent for calls to lines subscribed to the Do Not Call Registry, and those issued in 2012 governing consent to receive telemarketing calls made with an artificial or prerecorded voice or an automated telephone dialing system, clearly set out the types of protections intended by Congress to eliminate unwanted telemarketing calls.”

The Senators concluded, “As Congress instructed the FCC ‘to maximize consistency with the rule promulgated by the Federal Trade Commission’ relating to the implementation of the Do-Not-Call Registry, we respectfully urge the FCC to issue a guidance along the lines of the FTC’s recent Business Guidance restating its long-held requirements for these unwanted telemarketing calls. As inconsistent rules governing the same activity would be problematic, by issuing guidance similar to the FTC’s, the FCC will assist telemarketers and sellers in complying with these requirements.”

Sen. Warner, a former cell phone entrepreneur, has been active in fighting robocalls for many years. He sponsored the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act to give regulators – including the FCC – more time to find scammers, increase civil forfeiture penalties, require service providers to adopt call authentication and blocking, and bring relevant federal agencies and state attorneys general together to address impediments to criminal prosecution of robocallers. Former President Trump signed the TRACED Act into law in 2019. In July, he applauded new efforts from the FTC to crack down on spam calls.

In addition to Sens. Warner, Lujan, and Markey, the letter is signed by U.S. Senators Chris Van Hollen (D-MD), Peter Welch (D-VT), Elizabeth Warren (D-MA), Angus King (I-ME), Richard Durbin (D-IL), Martin Heinrich (D-NM), Amy Klobuchar (D-MN), Ron Wyden (D-OR), and Gary Peters (D-MI). This letter is endorsed by Appleseed, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, National Association of State Utility Consumer Advocates, National Consumers League, Public Citizen, Public Knowledge, and U.S. PIRG.

Full text of the letter is available here and below.

Dear Chairwoman Rosenworcel:

We are heartened that the Federal Communications Commission (FCC) is considering ways to curtail the number of unwanted telemarketing calls—currently over 1.25 billion every month—in a proceeding pending under the Telephone Consumer Protection Act (TCPA). As the Commission recognizes, the continued onslaught of illegal calls threatens the trustworthiness and usefulness of our nation’s telephone system.

While the consideration of new regulations may be appropriate in some instances, we believe that the FCC’s current regulations already prohibit many of the activities that lead to the proliferation of unwanted telemarketing calls. Both the regulations issued in 2003 delineating the rules for telemarketers to obtain consent for calls to lines subscribed to the Do Not Call Registry, and those issued in 2012 governing consent to receive telemarketing calls made with an artificial or prerecorded voice or an automated telephone dialing system, clearly set out the types of protections intended by Congress to eliminate unwanted telemarketing calls. Both of these regulations allow robocalls calls only if the call recipients sign a written agreement relating to calls from a single seller. 

Additionally, the FCC’s 2003 regulation for telemarketing calls to lines registered on the Do Not Call Registry requires that the “signed, written agreement” must be “between the consumer and the seller.” This requirement provides two protections. First, it means that the seller, not a telemarketer or a lead generator, or anyone other than the seller, or the agent of the seller, must be party to the agreement with the consumer. Second, it limits the calls that are covered by the agreement to calls related only to the seller that was the party to the agreement. Enforcement of the current limitations applicable to agreements providing consent for telemarketing calls under the existing regulations would eliminate the sale and trading of these consents which have led to the proliferation of unwanted telemarketing robocalls.

Moreover, as many of these agreements are entered into online, current federal law requires specific protections for consumers receiving writings through electronic records in the Electronic Signatures in Global and National Commerce Act (the E-Sign Act). One example of these protections in the E-Sign Act is the prohibition of oral communication as a substitute for a writing. Although telemarketers routinely ignore the requirements of the E-Sign Act, the legislation’s mandate for E-Sign consent before writings can be provided in electronic records in 15 U.S.C. § 7001(c) is fully applicable.

Finally, as Congress instructed the FCC “to maximize consistency with the rule promulgated by the Federal Trade Commission” relating to the implementation of the Do-Not-Call Registry, we respectfully urge the FCC to issue a guidance along the lines of the FTC’s recent Business Guidance restating its long-held requirements for these unwanted telemarketing calls. As inconsistent rules governing the same activity would be problematic, by issuing guidance similar to the FTC’s, the FCC will assist telemarketers and sellers in complying with these requirements. This guidance should also emphasize that the obligations imposed by the E-Sign Act apply when these agreements are entered into online.

We appreciate your work to curb unwanted and illegal robocalls. Issuing guidance that emphasizes the meaningful requirements of current regulations as well as the requirements of the federal E-Sign Act will go a long way to reduce the number of unwanted robocalls. Thank you for your consideration of this request.

 
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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today released the following statement on a notice by the Drug Enforcement Agency (DEA) that it will consider creating a special registration process that would allow quality health care providers to prescribe controlled substances over telehealth safely, as they’ve done during the pandemic. Sen. Warner has been a vocal advocate for telehealth and has previously called on the DEA to establish this process.

“Telehealth was a lifesaver for patients during the peak of the pandemic and has since opened the door to uncomplicated and reliable access to a doctor for patients who need it. Given the shortage of mental health providers and the increased need for access to prescribers through telehealth, I’m pleased that the DEA is finally looking into establishing a rule to allow specially trained prescribers to continue administering controlled substances virtually without requiring an in-person visit. This rule will be especially meaningful to patients who rely on medications that treat opioid use disorder, among many others. I encourage prescribers and patients to participate in the DEA’s public comment period and provide their input on this proposed rule.” 

Since 2008, Congress has directed the DEA to set up a special registration process, an exception process under the Ryan Haight Act, a law that regulates the online prescription of controlled substances. This special registration process would open up the door for quality health care providers to evaluate a patient and prescribe these medications over telehealth safely, as was done for years during the pandemic.

Sen. Warner, a former tech entrepreneur, has been a longtime advocate for increased access to telehealth. He is an original cosponsor of the CONNECT for Health Act, which would expand coverage of telehealth services through Medicare, make COVID-19 telehealth flexibilities permanent, improve health outcomes, and make it easier for patients to safely connect with their doctors. He previously wrote to both the Biden and Trump administrations, urging the DEA to finalize regulations long-delayed by prior administrations allowing doctors to prescribe controlled substances through telehealth. Sen. Warner also sent a letter to Senate leadership during the height of the COVID-19 crisis, calling for the permanent expansion of access to telehealth services.

In 2018, Sen. Warner included a provision to expand financial coverage for virtual substance use treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

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WASHINGTON -- Today, U.S. Sen. Mark R. Warner (D-VA) issued the following statement on the indictment of former President Donald Trump:

“For the rest of our lives, January 6 will mark a day where democracy was brought to the brink as public servants barricaded behind locked doors, law enforcement officers suffered lasting harm, and Americans watched as thugs attempted to bring an entire branch of government to its knees. As with his other indictments, Donald Trump will have the opportunity to speak to these accusations in court. I hope to see my colleagues and fellow Americans respect law and order and allow these legal proceedings to run their course without violence or interference.”

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WASHINGTON –This week, U.S. Sens. Mark R. Warner (D-VA) and Deb Fischer (R-NE), joined by Sens. Amy Klobuchar (D-MN), and John Thune (R-SD), introduced the Deceptive Experiences To Online Users Reduction (DETOUR) Act to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data. The bill would also require these platforms to obtain consent from users for covered research and prohibit them from using features that result in compulsive usage by children and teens.

The term “dark patterns” is used to describe online interfaces in websites and apps designed to intentionally manipulate users into taking actions they otherwise would not. These design tactics are frequently used by social media platforms to mislead consumers into agreeing to settings and practices more beneficial to the company. 

“Dark patterns – manipulative online designs that trick you into signing up for services you don’t want or spending money you don’t mean to – are everywhere online, and they make user experience worse, and data less secure. The DETOUR Act will end this practice while working to instill transparency and oversight that the tech world lacks,” said Sen. Warner. “Consumers shouldn’t have to navigate intentionally misleading interfaces and design features in order to protect their privacy.” 

“Manipulative 'dark pattern' interfaces trick users – including children – online. The ‘choices’ platforms present can often be deceptively obscured to exploit users' personal data and behavior,” said Sen. Fischer. “It’s wrong, and our bipartisan bill will finally crack down on this harmful practice. I encourage my colleagues to support the DETOUR Act to increase trust online and protect consumer privacy.”

Dark patterns can take various forms, pushing users into agreeing to terms stacked in favor of the service provider. These deceptive practices can include deliberately obscuring alternate choices or settings through design or other means or the use of privacy settings to push users to ‘agree’ as the default option while more privacy-friendly options can only be found through a much longer process, detouring through multiple screens. Frequently, users cannot find the alternate option, if it exists at all, and simply give up looking.

The result is that large online platforms have an unfair advantage over users and often force consumers to give up personal data such as their contacts, messages, web activity, or location in order to benefit of the company.

The Deceptive Experiences To Online Users Reduction (DETOUR) Act aims to curb this manipulative behavior by prohibiting large online platforms (those with over 100 million monthly active users) from relying on user interfaces that intentionally impair user autonomy, decision-making, or choice. The legislation:

• Prohibits large online operators from designing, modifying, or manipulating user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision-making, or choice to obtain consent or user data.
• Prohibits subdividing or segmenting consumers for the purposes of behavioral experiments without a consumer’s informed consent, which cannot be buried in a general contract or service agreement. This includes routine disclosures for large online operators, not less than once every 90 days, on any behavioral or psychological experiments to users and the public. Additionally, the bill would require large online operators to create an internal Independent Review Board to provide oversight on these practices to safeguard consumer welfare.
• Prohibits user design intended to create compulsive usage among children and teens under the age of 17 years old.

“Social media companies often trick users into giving up their personal data – everything from their thoughts and fears to their likes and dislikes – which they then sell to advertisers. These practices are designed to exploit people; not to serve them better. Senator Warner and Senator Fischer’s DETOUR Act would put a stop to the destructive and deceptive use of dark patterns,” said Imran Ahmed, CEO of the Center for Countering Digital Hate.

“Momentum is building, in Congress and across the states, to force tech companies to reduce the serious harm to kids and teens caused by the way that these companies design and operate their platforms," said James P. Steyer, founder and CEO of Common Sense Media. “The reintroduction of the DETOUR Act comes at just the right time to add another important element of protection for children and their families. We applaud Senators Warner and Fischer for working together to try to stop companies from utilizing manipulative design features that trick kids into giving up more personal information and compulsive usage of their platforms for the sake of increasing their profits and engagement without regard for the harm it inflicts on kids.”

“The proposed legislation represents an important step towards reducing big tech companies’ use of dark patterns that prioritize user engagement over well-being. As a developmental scientist, I’m hopeful the DETOUR Act will encourage companies to adopt a child-centered approach to design that places children’s well-being front and center, reducing the burden on parents to look out for and avoid dark patterns in their children’s technology experiences,” said Katie Davis, EdD, Associate Professor at the University of Washington.

“The DETOUR Act proposed by Sen. Warner and co-sponsors represents a positive and important step to protect American consumers,” said Colin M. Gray, PhD Associate Professor, Indiana University. “DETOUR provides a mechanism for independent oversight over large technology companies and curtailing the ability of these companies to use deceptive and manipulative design practices, such as ‘dark patterns,’ which have been shown to produce substantial harms to users. This legislation provides a foothold for regulators to better guard against deceptive and exploitative practices that have become rampant in many large technology companies, and which have had outsized impacts on children and underserved communities.”

Sen. Warner, a former tech entrepreneur, has been one of Congress’s leading voices calling for accountability in Big Tech. He has introduced several pieces of legislation aimed at addressing these issues, including the ACCESS Act earlier this week, which will promote competition in social media by making it easier to transport user data to new sites; the RESTRICT Act, which would comprehensively address the ongoing threat posed by technology from foreign adversaries; the SAFE TECH Act, which would reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms; and the Kids Online Safety Act, which would protect children online by providing young people and parents with the tools, safeguards, and transparency they need to protect against online harms. 

Full text of the bill is available here. 

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) released the following statements on the Senate’s passage of the National Defense Authorization Act (NDAA) for Fiscal Year 2024, which included the  Intelligence Authorization Act(IAA). The IAA authorizes funding, provides legal authorities, and enhances congressional oversight for the U.S. Intelligence Community (IC) and passed the Committee unanimously in June.  

“Today’s passage of the Intelligence Authorization Act will help ensure that America’s intelligence agencies have the resources they need to protect our country,” said Chairman Warner. “This year’s bill increases the IC’s ability to track threats posed by adversarial nations, including technological and economic competition with China. It also promotes a reform of the nation’s security classification system, strengthens the security of our election systems, and furthers the Committee’s efforts to reform the security clearance process, so that the IC can attract and expeditiously on-board a talented, diverse, and trusted workforce to meet the emerging challenges we face.”

“Our global adversaries, particularly China and Russia, are growing increasingly aggressive and collaborative in their efforts to degrade the international rules-based system around the world and within our own backyard,” said Vice Chairman Rubio. “The Intelligence Community must continue to more forcefully adapt and strengthen our ability to mitigate these significant threats. Last month, every Senate Intelligence Committee Member voted in favor of the Intelligence Authorization Act for Fiscal Year 2024, and I applaud my Senate colleagues for supporting this critical legislation as part of the FY 2024 NDAA. This IAA strengthens our Committee’s vigilant oversight of intelligence activities, prohibits DHS’s Office of Intelligence and Analysis from collecting information on U.S. Persons, and ensures that the IC effectively manages critical resources, authorities, and personnel to preserve our American values and protect our national security.”

Background:

The IAA for Fiscal Year 2024 authorizes funding for the IC and ensures that it has the resources, personnel, and authorities it needs to protect our country and inform decision makers, while ensuring continued robust congressional oversight. The bill’s provisions focus on the following key areas:

• Increases oversight of the national security threats posed by People’s Republic of China, including its economic practices, foreign malign influence operations, military capabilities, and investments in, and attempts to dominate, the supply chains of artificial intelligence (AI), next-generation energy technologies, and biotechnology, among many others.
• Establishes a new IC atrocities coordinator to increase collection, analysis, and intelligence support to government-wide efforts to hold China accountable for its egregious human rights abuses. 
• Promotes reform of the nation’s security classification system, including by encouraging the President to issue a revised Executive Order with minimum standards for classifying materials and timelines for declassifying materials, narrowing the criteria for what should be classified and exemptions from automatic declassification, and promoting better use of technology to facilitate declassification and enhance public trust.
• Strengthens the security of America’s voting systems by requiring that they undergo simulated attacks as part of their standard certification process, allowing for the discovery of potential vulnerabilities before these can be exploited by adversaries.
• Improves the IC’s procurement, adoption, and integration of emerging technologies by requiring the Director of National Intelligence (DNI) to establish policies for the IC’s acquisition, adoption, development, and use of AI.
• Prohibits IC research funding for foreign adversaries, to protect our national security and U.S. intellectual property.
• Enhances insight into the Venezuela Maduro regime’s imprisonment of United States persons.
• Ensures the IC has a workforce that is second-to-none by improving workforce mobility among IC agencies to meet national security needs; increasing recruitment priorities for candidates with financial intelligence and technical expertise; and requiring a standard procedure for investigating CIA sexual misconduct complaints, among other measures.
• Increases transparency by strengthening Unidentified Aerial Phenomena (UAP) funding and reporting requirements.
• Continues to drive improvement in the security clearance process by renewing a report on the number of clearance holders in the government and industry; requiring updated timeliness standards the granting of clearances to reflect progress under the Trusted Workforce (TW) 2.0 initiative; annually measuring satisfaction among agencies, industry, and applicants with TW 2.0; and promoting shared IT among Intelligence Community elements to harmonize their clearance processes.
• Prohibits the Department of Homeland Security’s Office of Intelligence and Analysis from collecting information or intelligence on U.S. persons.
• Maintains strong congressional oversight of and protections for whistleblowers who come forward to report fraud, waste, or abuse.
• Ensures continued support to the victims of anomalous health incidents (AHIs or “Havana Syndrome”) by improving the CIA’s funding flexibility for payments to qualified victims; and requiring each IC element to issue regulations and procedures for implementing HAVANA Act of 2021 authorities.

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WASHINGTON –  Today, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, led a bipartisan group of colleagues in reintroducing the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act, legislation that would encourage market-based competition with major social media platforms by requiring the largest companies 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. Sen. Warner was joined in introduction by Sens. Richard Blumenthal (D-CT), Lindsey Graham (R-SC), Josh Hawley (R-MO), and Amy Klobuchar (D-MN).

“Consumers are currently locked in to the social media platforms that they use, unable to move to a different platform for fear of losing years’ worth of data and interactions,” said the senators. “Interoperability and portability are powerful tools to promote innovative new companies and limit anti-competitive behaviors. By making it easier for social media users to easily move their data or to continue to communicate with their friends after switching platforms, startups will be able to compete on equal terms with the biggest social media companies. This bill will create long-overdue requirements that will boost competition and give consumers more power.”

Online communications platforms have become vital to the economic and social fabric of the nation, but network effects and consumer lock-in have solidified a select number of companies’ dominance in the digital market and enhanced their control over consumer data, even as the social media landscape changes by the day and platforms’ user experiences become more and more unpredictable.

The Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act would increase market competition, encourage innovation, and increase consumer choice by requiring large communications platforms (products or services with over 100 million monthly active users in the U.S.) to:

·         Make their services interoperable with competing communications platforms;

·         Permit users to easily port their personal data in a structured, commonly used and machine-readable format;

·         Allow users to delegate trusted custodial services, which are required to act in a user’s best interests through a strong duty of care, with the task of managing their account settings, content, and online interactions. 

“Markets work only when consumers know what they give up and get in any transaction with a seller and have the option to take their business elsewhere. By supporting organizations that can uncover what tech firms are actually doing and by mandating portability, the ACCESS Act will restore the conditions needed for the market in tech services to work,” Paul Romer, Boston College University Professor and Nobel Prize winner in Economics, said.

“The ACCESS Act is a critical, bipartisan first step in requiring large technology platforms to incorporate interoperability into their products, which is fundamental to a dynamic and competitive technology industry. Innovators, consumers, and society as a whole all benefit when people have the right to move their data if they choose to switch platforms. Without interoperability, innovation is held captive by the market power of large platforms. Our economy needs innovation to thrive -- and innovation is stifled if our most promising startups must compete in a world where consumers are locked into the largest platforms because they can't move their own data. That is in no one's interest,” Garry Tan, president and CEO of Y Combinator, said. 

“Interoperability is a key tool for promoting competition on and against dominant digital platforms. For social networks in particular, interoperability is needed to make it easy for users to switch to a new social network. Until we have clear and effective interoperability requirements, it will be hard for users to leave a social network that fails to reflect their values, protect their privacy, or offer the best experience. Whatever our reasons for switching to a new social network, the ACCESS Act can make it easier by requiring the largest platforms to offer interoperability with competitors. We all stand to benefit from the greater competition that an interoperable world can create,” Charlotte Slaiman, Competition Policy Director at Public Knowledge, said.

“The reintroduction of the ACCESS Act in the Senate is a critically important step forward for empowering consumers with the freedom to control their own data and enable consumers to leave the various walled gardens of the today’s social media platforms. The ACCESS Act literally does what it says—it would give consumers the option to choose better services without having to balance the unfair choice of abandoning their personal network of family and friends in order to seek better products in the market.  The Senate needs to move forward as soon as possible to vote on the ACCESS Act,” Eric Migicovsky, Founder and CEO of Beeper, said.

“Consumers must have control of their own personal data. You should be able to easily access it, share it, revoke access, and interact with is how you see fit. Putting individuals in charge of what is best for them is vital to balance out the ongoing wave of technological innovation. This has broad implications beyond just social media - Congress must pass the ACCESS Act,” David Pickerell, Co-founder and CEO of Para, said.

Sen. Warner first introduced the ACCESS Act in 2019 and, as a former tech entrepreneur, has been on of Congress’s leading voices calling for accountability in Big Tech. He has introduced several pieces of legislation aimed at addressing these issues, including the RESTRICT Act, which would comprehensively address the ongoing threat posed by technology from foreign adversaries; the SAFE TECH Act, which would reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms; and the Kids Online Safety Act,which would protect children online by providing young people and parents with the tools, safeguards, and transparency they need to protect against online harms. 

Full text of the bill is available here. One-pager of the legislation is available here.

 WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) along with Sens. Tim Kaine (D-VA), Ben Cardin (D-MD), Chris Van Hollen (D-MD), Bob Casey (D-PA), John Fetterman (D-PA), and Joe Manchin (D-WV) today reintroduced the Chesapeake Bay Science, Education and Ecosystem Enhancement (SEEE) Act, which aims to restore the health of the Bay Watershed, strengthen fisheries management, and expand environmental education programs for residents across the Bay Watershed. The Chesapeake Bay is the largest estuary in the U.S. More than 150,000 streams and rivers thread through the Chesapeake’s 64,000-square-mile watershed, which is home to 18 million people across Virginia, Maryland, Pennsylvania, Delaware, New York, West Virginia and the District of Columbia. Companion legislation was introduced in the House of Representatives by Reps. John Sarbanes (D-MD), Bobby Scott (D-VA) and Rob Wittman (R-VA).

“The Chesapeake Bay is not only an important recreational and ecological treasure, it’s also a vital economic engine for Virginia,” said Sen. Warner. “I am proud to reintroduce this legislation supporting NOAA’s Chesapeake Bay office to improve the health of the Bay and ensure its sustainable use for generations to come.”

“The Chesapeake Bay is a natural treasure that drives tourism and boosts our economy,” Sen. Kaine said. “I’m proud to introduce this bill to leverage collaboration with universities, nonprofits, and other stakeholders to protect the Bay’s ecosystems and help ensure Americans can enjoy it for years to come.”

“The Chesapeake Bay is a national treasure and our responsibility to do all we can to restore its health remains a top priority,” said Sen. Cardin. “The National Oceanic and Atmospheric Administration (NOAA) is an indispensable partner in the Chesapeake Bay Program, leading the partnership’s fisheries, environmental literacy, climate resilience and habitat restoration work. I’m proud to work with my Bay watershed colleagues to secure NOAA’s strong presence in our region to meet the challenges ahead.”

“A cleaner Chesapeake Bay is essential to the success of our state’s economy and the health of our environment. This legislation will help ensure we can continue to count on NOAA’s expertise and other crucial partners at the Chesapeake Bay Office and environmental education programs that have supported Bay restoration efforts over the years. It is a key part of our all-hands-on-deck fight to protect and preserve the Bay for generations to come,” said Sen. Van Hollen.

“I am proud to cosponsor this bipartisan, bicameral legislation to support restoring the health of the Chesapeake Bay watershed, an incredible wildlife area that includes multiple counties in West Virginia. I look forward to working with my colleagues on both sides of the aisle as we work to reauthorize the NOAA Chesapeake Bay office and the programs they support to benefit the habitats in our state and across the Chesapeake Bay region,” said Sen. Manchin.

Specifically, the Chesapeake Bay SEEE Act would:

• Reauthorize the NOAA Chesapeake Bay Office (CBO), a key partner of the Bay Program and leader of the Program’s fisheries, environmental literacy, climate resiliency, and habitat work. The bill would allow NOAA CBO to collaborate with universities, nonprofits, and other Bay stakeholders to promote integrated coastal observations – such as monitoring and observing restoration activities, collecting and analyzing marine resources data – and information sharing to assist policymakers, resource managers, and the public.
• Direct NOAA to support coordinated management, protection, characterization, and restoration of Bay habitats and living resources, as well as the Interpretive Buoy System along the Capital John Smith Chesapeake National Historic Trail.
• Authorize the Chesapeake Bay Watershed Education and Training (B-WET) program, which awards educational grants related to Bay restoration.

A copy of the bill text can be found here.

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WASHINGTON — Today,  U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) introduced the Equitable Community Access to Pharmacist Services Act, bipartisan legislation that would ensure seniors can continue to access certain clinical services from their pharmacist. The bill would allow Medicare to reimburse for certain pharmacist-administered tests, treatments, and vaccinations for influenza, respiratory syncytial virus (RSV), COVID-19, and strep throat, in accordance with state scope-of-practice laws.

“Pharmacists play a key role in delivering health care services in our communities,” said Sen. Warner. “This legislation will make care for common illnesses – including flu, COVID, RSV, and strep throat – easier for seniors to access by allowing pharmacists to seek reimbursement from Medicare for services that they are already licensed to perform under state laws, such as testing and vaccination.”

“Seniors across South Dakota rely on the care and support they receive from their community pharmacist,” said Sen. Thune. “I am proud to lead this common-sense legislation that would allow these trusted sources for vaccinations and other important treatments to remain a reliable option for seniors.”

“We extend our heartfelt appreciation to Senator Thune for introducing the Equitable Community Access to Pharmacists Services Act,” said Amanda Bacon, executive director of the South Dakota Pharmacists Association. “This groundbreaking legislation will make an incredible difference in increasing access to essential healthcare services provided by pharmacists across South Dakota. By recognizing the critical role pharmacists play in patient care and fostering collaboration with other healthcare providers, Senator Thune is paving the way for a healthier and more vibrant future for our communities.”

“Pharmacists are a vital part of the rural health care delivery system as many older adults in rural areas depend on their pharmacist to help manage multiple prescriptions and conditions,” said Alan Morgan, CEO of the National Rural Health Association (NRHA). “The Equitable Community Access to Pharmacist Services Act would remove barriers for older adults in rural areas to access essential pharmacist services related to respiratory illnesses, which tend to be more fatal for older populations. NRHA is proud to support this legislation to ensure rural communities maintain access to pharmacist services and care to help older adults manage their health.”

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, today urged the Biden administration to build on its recently announced voluntary commitments from several prominent artificial intelligence (AI) leaders in order to promote greater security, safety, and trust in the rapidly developing AI field.

As AI is rolled out more broadly, researchers have repeatedly demonstrated a number of concerning, exploitable weaknesses in prominent products, including abilities to generate credible-seeming misinformation, develop malware, and craft sophisticated phishing techniques. On Friday, the Biden administration announced that several AI companies had agreed to a series of measures that would promote greater security and transparency. Sen. Warner wrote to the administration to applaud these efforts and laid out a series of next steps to bolster this progress, including extending commitments to less capable models, seeking consumer-facing commitments, and developing an engagement strategy to better address security risks.

“These commitments have the potential to shape developer norms and best practices associated with leading-edge AI models. At the same time, even less capable models are susceptible to misuse, security compromise, and proliferation risks,” Sen. Warner wrote. “As the current commitments stand, leading vendors do not appear inclined to extending these vital development commitments to the wider range of AI products they have released that fall below this threshold or have been released as open source models.”

The letter builds on Sen. Warner’s continued advocacy for the responsible development and deployment of AI. In April, Sen. Warner directly expressed concerns to several AI CEOs about the potential risks posed by AI, and called on companies to ensure that their products and systems are secure.

The letter also affirms Congress’ role in regulating AI, and expands on the annual Intelligence Authorization Act, legislation that recently passed unanimously through the Sente Select Committee on Intelligence. Sen. Warner urges the administration to adopt the strategy outlined in this pending bill as well as work with the FBI, CISA, ODNI, and other federal agencies to fully address the potential risks of AI technology.

Sen. Warner, a former tech entrepreneur, has been a vocal advocate for Big Tech accountability and a stronger national posture against cyberattacks and misinformation online. In addition to his April letters, has introduced several pieces of legislation aimed at addressing these issues, including the RESTRICT Act, which would comprehensively address the ongoing threat posed by technology from foreign adversaries; the SAFE TECH Act, which would reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms; and the Honest Ads Act, which would require online political advertisements to adhere to the same disclaimer requirements as TV, radio, and print ads.

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

Dear President Biden,

I write to applaud the Administration’s significant efforts to secure voluntary commitments from leading AI vendors related to promoting greater security, safety, and trust through improved development practices. These commitments – largely applicable to these vendors’ most advanced products – can materially reduce a range of security and safety risks identified by researchers and developers in recent years. In April, I wrote to a number of these same companies, urging them to prioritize security and safety in their development, product release, and post-deployment practices. Among other things, I asked them to fully map dependencies and downstream implications of compromise of their systems; focus greater financial, technical and personnel resources on internal security; and improve their transparency practices through greater documentation of system capabilities, system limitations, and training data.

These commitments have the potential to shape developer norms and best practices associated with leading-edge AI models. At the same time, even less capable models are susceptible to misuse, security compromise, and proliferation risks. Moreover, a growing roster of highly-capable open source models have been released to the public – and would benefit from similar pre-deployment commitments contained in a number of the July 21^st obligations. As the current commitments stand, leading vendors do not appear inclined to extending these vital development commitments to the wider range of AI products they have released that fall below this threshold or have been released as open source models. 

To be sure, responsibility ultimately lies with Congress to develop laws that advance consumer and patient safety, address national security and cyber-crime risks, and promote secure development practices in this burgeoning and highly consequential industry – and in the downstream industries integrating their products. In the interim, the important commitments your Administration has secured can be bolstered in a number of important ways. 

First, I strongly encourage your Administration to continue engagement with this industry to extend these all of these commitments more broadly to less capable models that, in part through their wider adoption, can produce the most frequent examples of misuse and compromise.

Second, it is vital to build on these developer- and researcher-facing commitments with a suite of lightweight consumer-facing commitments to prevent the most serious forms of abuse. Most prominent among these should be commitments from leading vendors to adopt development practices, licensing terms, and post-deployment monitoring practices that prevent non-consensual intimate image generation, social-scoring, real-time facial recognition (in contexts not governed by existing legal protections or due process safeguards), and proliferation activity in the context of malicious cyber activity or the production of biological or chemical agents.

Lastly, the Administration’s successful high-level engagement with the leadership of these companies must be complemented by a deeper engagement strategy to track national security risks associated with these technologies. In June, the Senate Select Committee on Intelligence on a bipartisan basis advanced our annual Intelligence Authorization Act, a provision of which directed the President to establish a strategy to better engage vendors, downstream commercial users, and independent researchers on the security risks posed by, or directed at, AI systems.

This provision was spurred by conversations with leading vendors, who confided that they would not know how best to report malicious activity – such as suspected intrusions of their internal networks, observed efforts by foreign actors to generate or refine malware using their tools, or identified activity by foreign malign actors to generate content to mislead or intimidate voters.  To be sure, a highly-capable and well-established set of resources, processes, and organizations – including the Cybersecurity and Infrastructure Security Agency, the Federal Bureau of Investigation, and the Office of the Director of National Intelligence’s Foreign Malign Influence Center – exist to engage these communities, including through counter-intelligence education and defensive briefings. Nonetheless, it appears that these entities have not been fully activated to engage the range of key stakeholders in this space. For this reason, I would encourage you to pursue the contours of the strategy outlined in our pending bill. 

Thank you for your Administration’s important leadership in this area. I look forward to working with you to develop bipartisan legislation in this area.

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