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.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today announced $1,820,000 for Virginia universities to research and develop AI capabilities to mitigate cyberattacks. Federal funding will allow the University of Virginia and Norfolk State University to study innovative AI-based approaches to cybersecurity. Researchers from these institutions will collaborate with teams at 10 additional educational institutions and 20 private industry partners to develop revolutionary methods to counter cyberattacks in which AI-enabled intelligent security agents will cooperate with humans to build more resilient networks.

“Addressing the cybersecurity threats that our nation faces requires constant adaptation and innovation, and utilizing AI to counter these threats is an incredibly exciting use-case for this emerging technology,” said Sen. Warner. “This funding will allow teams at the University of Virginia and Norfolk State to do groundbreaking research on ways AI can help safeguard against cyberattacks. I congratulate UVA and NSU on receiving this funding, and I can’t wait to see what they discover and develop. 

The funding is distributed as follows:

·         Norfolk State University will receive $975,000.

·         University of Virginia will receive $845,000.

Funding for these awards is provided jointly by the National Science Foundation, the Department of Homeland Security, and IBM. Investments are designed to build a diverse AI workforce across the United States. 

Sen. Warner, a former tech entrepreneur, has been a vocal advocate for improving cybersecurity and security-oriented design by AI companies. In April, he sent a series of letters to CEOs of several AI companies urging them to prioritize security, combat bias, and responsibly roll out new technologies. In November 2022, he published “Cybersecurity is Patient Safety,” a policy options paper that outlined current cybersecurity threats facing health care providers and offering a series of policy solutions to improve cybersecurity. As Chairman of the Senate Select Committee on Intelligence, Sen. Warner co-authored legislation that requires companies responsible for U.S. critical infrastructure report cybersecurity incidents to the government. He has also introduced several pieces of legislation aimed at building a more secure internet, including the RESTRICT Act, which would comprehensively address the ongoing threat posed by technology from foreign adversaries and 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.

### 

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the statement below after the Drug Enforcement Agency (DEA) announced that it would extend current flexibilities around telehealth prescriptions of controlled substances, including those that treat opioid use disorder and anxiety, while it reviews a record number of comments received in response to its new proposed telemedicine rules. This move follows strong advocacy by Sen. Warner, who spoke out in March about the need to ensure that patients can continue getting their medications and sent a letter to DEA in August 2022 asking them to explain their plan for continuity of care after the COVID-19 Public Health Emergency.

“I’m pleased to see that the DEA is taking additional time to consider the comments to their proposed rule, which I believe overlooked the key benefits and lessons learned during the pandemic. This proposed rule could counterproductively exacerbate the opioid crisis and push patients to seek dangerous alternatives to proper health care, such as self-medicating, by removing a telehealth option in many cases. I’m working with my colleagues in Congress on a response to DEA’s proposed rule, and I look forward to further robust discussion on this critical issue.”

During COVID-19, patients widely adopted telehealth as a convenient and accessible way to get care remotely. This was made possible by the COVID-19 Public Health Emergency, which allowed for a number of flexibilities, including utilizing an exception to the in-person medical evaluation requirement under the Ryan Haight Online Pharmacy Consumer Protection Act, legislation regulating the online prescription of controlled substances. With the Public Health Emergency set to expire, patients will soon lose the ability to reap the benefits of a mature telehealth system in which responsible providers know how to take care of their patients remotely when appropriate.  

Since 2008, Congress has directed the DEA to set up a special registration process, another exception process under the Ryan Haight Act, that would open up the door for quality health care providers to evaluate a patient and prescribe controlled substances over telehealth safely, as they’ve done during the pandemic. This special registration process has yet to be established, and DEA wrote they believe this proposed rule fulfills those Congressional mandates, despite not proposing such a registration.

Sen. Warner, a former tech entrepreneur, has been a longtime advocate for increased access to telehealth. He is a co-author 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.

### 

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and John Hoeven (R-ND) this week introduced legislation to support the research and development of unmanned aerial systems (UAS) technologies at the nation’s UAS test sites, including the site at Virginia Tech.

“Unmanned Aerial Systems have the potential to transform the way we manage disasters, maintain our infrastructure, administer medicine, tackle national security threats, and conduct day-to-day business,” said Sen. Warner. “UAS test sites, such as the one located at Virginia Tech, are crucial to the research and development of these technologies and I am glad to continue building on the progress we have made over the last decade.” 

“UAS play a crucial role in our country’s defense, and there is tremendous potential yet to be realized, benefiting our national security as well as our economy,” said Sen. Hoeven. “The UAS test sites, including the Northern Plains UAS Test Site in North Dakota, are at the center of our efforts to ensure these aircraft can be safely integrated into our national airspace. This legislation supports their ongoing work and dovetails with the new BVLOS waivers we recently secured for our test site, further strengthening North Dakota’s position in this dynamic industry.”

Specifically, this legislation:

• Extends the authorization for the Federal Aviation Administration’s (FAA) UAS test sites for an additional five years through 2028;
• Formally authorizes research grants through the FAA for the purpose of demonstrating or validating technology related to the integration of UAS in the national airspace system (NAS);
• Requires a grant recipient to have a contract with an FAA UAS test site;
• Identifies key research priorities, including: detect and avoid capabilities; beyond visual line of sight (BVLOS) operations; operation of multiple unmanned aircraft systems; unmanned systems traffic management; command and control; and UAS safety standards.

This legislation builds on Sen. Warner’s efforts to expand the domestic production of unmanned systems, including driverless cars, drones, and unmanned maritime vehicles and make Virginia a national leader in this growing sector. Earlier this year, he introduced the Increasing Competitiveness for American Drones Act, legislation that will clear the way for drones to be used for commercial transport of goods across the country. As Chairman of the Senate Intelligence Committee, he has led efforts in Congress to shore up U.S. national and cybersecurity against hostile foreign governments through unmanned air systems. Last month, Sen. Warner introduced legislation to prohibit the federal government from purchasing drones manufactured in countries identified as national security threats, such as the People’s Republic of China. 

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, and John Thune (R-SD), ranking member of the Commerce Committee’s Subcommittee on Communications, Media and Broadband, led a group of 12 bipartisan senators to introduce the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, legislation that will comprehensively address the ongoing threat posed by technology from foreign adversaries by better empowering the Department of Commerce to review, prevent, and mitigate information communications and technology transactions that pose undue risk to our national security.

“Today, the threat that everyone is talking about is TikTok, and how it could enable surveillance by the Chinese Communist Party, or facilitate the spread of malign influence campaigns in the U.S. Before TikTok, however, it was Huawei and ZTE, which threatened our nation’s telecommunications networks. And before that, it was Russia’s Kaspersky Lab, which threatened the security of government and corporate devices,” said Sen. Warner. “We need a comprehensive, risk-based approach that proactively tackles sources of potentially dangerous technology before they gain a foothold in America, so we aren’t playing Whac-A-Mole and scrambling to catch up once they’re already ubiquitous.”

“Congress needs to stop taking a piecemeal approach when it comes to technology from adversarial nations that pose national security risks,” said Sen. Thune. “Our country needs a process in place to address these risks, which is why I’m pleased to work with Senator Warner to establish a holistic, methodical approach to address the threats posed by technology platforms – like TikTok – from foreign adversaries. This bipartisan legislation would take a necessary step to ensure consumers’ information and our communications technology infrastructure is secure.”

The RESTRICT Act establishes a risk-based process, tailored to the rapidly changing technology and threat environment, by directing the Department of Commerce to identify and mitigate foreign threats to information and communications technology products and services.

In addition to Sens. Warner and Thune, the legislation is co-sponsored by Sens. Tammy Baldwin (D-WI), Deb Fischer (R-NE), Joe Manchin (D-WV), Jerry Moran (R-KS), Michael Bennet (D-CO), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Susan Collins (R-ME), Martin Heinrich (D-NM), and Mitt Romney (R-UT).

The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would:

• Require the Secretary of Commerce to establish procedures to identify, deter, disrupt, prevent, prohibit, and mitigate transactions involving information and communications technology products in which any foreign adversary has any interest and poses undue or unacceptable risk to national security;
• Prioritize evaluation of information communications and technology products used in critical infrastructure, integral to telecommunications products, or pertaining to a range of defined emerging, foundational, and disruptive technologies with serious national security implications;
• Ensure comprehensive actions to address risks of untrusted foreign information communications and technology products by requiring the Secretary to take up consideration of concerning activity identified by other government entities;
• Educate the public and business community about the threat by requiring the Secretary of Commerce to coordinate with the Director of National Intelligence to provide declassified information on how transactions denied or otherwise mitigated posed undue or unacceptable risk.

“We need to protect Americans’ data and keep our country safe against today and tomorrow’s threats. While many of these foreign-owned technology products and social media platforms like TikTok are extremely popular, we also know these products can pose a grave danger to Wisconsin’s users and threaten our national security,” said Sen. Baldwin. “This bipartisan legislation will empower us to respond to our fast-changing environment – giving the United States the tools it needs to assess and act on current and future threats that foreign-owned technologies pose to Wisconsinites and our national security.”

“There are a host of dangerous technology platforms – including TikTok – that can be manipulated by China and other foreign adversaries to threaten U.S. national security and abuse Americans’ personal data. I’m proud to join Senator Warner in introducing bipartisan legislation that would put an end to disjointed interagency responses and strengthen the federal government’s ability to counter these digital threats,” said Sen. Fischer.

“Over the past several years, foreign adversaries of the United States have encroached on American markets through technology products that steal sensitive location and identifying information of U.S. citizens, including social media platforms like TikTok. This dangerous new internet infrastructure poses serious risks to our nation’s economic and national security,” said Sen. Manchin. “I’m proud to introduce the bipartisan RESTRICT ACT, which will empower the Department of Commerce to adopt a comprehensive approach to evaluating and mitigating these threats posed by technology products. As Chairman of the Senate Armed Services Subcommittee on Cybersecurity, I will continue working with my colleagues on both sides of the aisle to get this critical legislation across the finish line.”

“Foreign adversaries are increasingly using products and services to collect information on American citizens, posing a threat to our national security,” said Sen. Moran. “This legislation would give the Department of Commerce the authority to help prevent adversarial governments from introducing harmful products and services in the U.S., providing us the long-term tools necessary to combat the infiltration of our information and communications systems. The government needs to be vigilant against these threats, but a comprehensive data privacy law is needed to ensure Americans are able to control who accesses their data and for what purpose.”

“We shouldn’t let any company subject to the Chinese Communist Party’s dictates collect data on a third of our population – and while TikTok is just the latest example, it won’t be the last. The federal government can’t continue to address new foreign technology from adversarial nations in a one-off manner; we need a strategic, enduring mechanism to protect Americans and our national security. I look forward to working in a bipartisan way with my colleagues on the Senate Select Intelligence Committee to send this bill to the floor,” said Sen. Bennet.

“Our modern economy, communication networks, and military rely on a range of information communication technologies. Unfortunately, some of these technology products pose a serious risk to our national security,” said Sen. Gillibrand. “The RESTRICT Act will address this risk by empowering the Secretary of Commerce to carefully evaluate these products and ensure that they do not endanger our critical infrastructure or undermine our democratic processes.”

“China’s brazen incursion of our airspace with a sophisticated spy balloon was only the most recent and highly visible example of its aggressive surveillance that has targeted our country for years.  Through hardware exports, malicious software, and other clandestine means, China has sought to steal information in an attempt to gain a military and economic edge,” said Sen. Collins. “Rather than taking a piecemeal approach to these hostile acts and reacting to each threat individually, our legislation would create a wholistic, government-wide response to proactively defend against surveillance attempts by China and other adversaries.  This will directly improve our national security as well as safeguard Americans’ personal information and our nation’s vital intellectual property.”

"Cybersecurity is one of the most serious economic and national security challenges we face as a nation. The future of conflict is moving further away from the battlefield and closer to the devices and the networks everyone increasingly depends on. We need a systemic approach to addressing potential threats posed by technology from foreign adversaries. This bill provides that approach by authorizing the Administration to review and restrict apps and services that pose a risk to Americans’ data security. I will continue to push for technology defenses that the American people want and deserve to keep our country both safe and free,” said Sen. Heinrich.

“The Chinese Communist Party is engaged in a multi-generational, multi-faceted, and systematic campaign to replace the United States as the world’s superpower. One tool at its disposal—the ability to force social media companies headquartered in China, like TikTok’s parent company, to hand over the data it collects on users,” said Sen. Romney. “Our adversaries—countries like China, Russia, Iran—are increasingly using technology products to spy on Americans and discover vulnerabilities in our communications infrastructure, which can then be exploited. The United States must take stronger action to safeguard our national security against the threat technology products pose and this legislation is a strong step in that direction.”

A two-page summary of the bill is available here. A copy of the bill text is available here.

### 

WASHINGTON – Today, Chairman of the Senate Select Committee on Intelligence U.S. Sen. Mark R. Warner (D-VA) appeared on FOX News Sunday to discuss the how the U.S. needs to tackle rising threats posed by the Communist Party of China. 

On the how the United States needs to address the rise of the Chinese Communist Party on the world stage:

“We have never had a potential adversary like China. The Soviet Union, Russia, was military or ideological, China is investing in economic areas. They have $500 billion in intellectual property theft, and we are in a competition not just on a national security basis but on a technology basis. That's why national security now includes telecommunications, satellites, artificial intelligence, quantum computing. Each of these domains, we have got to make the kind of investments to stay ahead. I think we are starting that in a bipartisan way. We did the CHIPS bill to try to bring semiconductor manufacturing back, we have kicked out Huawei out of our telecom systems. This week, I have a broad bipartisan bill that I am launching with my friend John Thune, the Republican lead, where we are going to say, in terms of foreign technology coming into America, we’ve got to have a systemic approach to make sure we can ban or prohibit it when necessary.”

On the influence of TikTok:

“Listen, you have 100 million Americans on TikTok, 90 minutes a day…They are taking data from Americans, not keeping it safe, but what worries me more with TikTok is that this could be a propaganda tool. The kind of videos you see would promote ideological issues. If you look at what TikTok shows to the Chinese kids, which is all about science and engineering, versus what our kids see, there’s a radical difference.”

On China’s support for Putin’s war in Ukraine:

“…if China moves forward to support Russia in Ukraine, I can't understand some of my colleagues who are willing to say, ‘I don't really care about Ukraine, but I'm concerned about China.’ Well, China and Russia, these authoritarian regimes, are linked, and we have to make sure Putin is not successful in Ukraine and that Xi doesn't further his expansion plans around Taiwan.”

Video of Sen. Warner on FOX News Sunday can be found here. A transcript follows.

FOX News Sunday 

SHANNON BREAM: Joining is now, Virginia Democratic Senator Mark Warner, Chairman of the Senate Intelligence Committee, welcome back. This week, you all have a hearing on worldwide threat assessments. You will have the DNI, the director of the CIA there. You have long been warning about China on multiple fronts. Do you think that we have lost valuable time in assessing the threat accurately? Will you talk about that this week?

SENATOR MARK WARNER: Well I think for a long time conventional wisdom was, the more you bring China into the world order, the more they’re going to change. That assumption was just plain wrong. China even changed their laws in 2016 to make it explicitly clear that every company in China, their first obligation is to the Communist Party. So we have never had a potential adversary like China. The Soviet Union, Russia, was military or ideological, China is investing in economic areas. They have $500 billion in intellectual property theft, and we are in a competition not just on a national security basis but on a technology basis. That's why national security now includes telecommunications, satellites, artificial intelligence, quantum computing. Each of these domains, we have got to make the kind of investments to stay ahead. I think we are starting that in a bipartisan way. We did the CHIPS bill to try to bring semiconductor manufacturing back, we have kicked out Huawei out of our telecom systems. This week, I have a broad bipartisan bill that I am launching with my friend John Thune, the Republican lead where we are going to say, in terms of foreign technology coming into America, we’ve got to have a systemic approach to make sure we can ban or prohibit it when necessary.

BREAM: Does that mean TikTok?

SEN. WARNER: That means TikTok is one of the potentials. Listen, you have 100 million Americans on TikTok, 90 minutes a day. Even you guys would like that kind of return, 90 minutes a day. They are taking data from Americans, not keeping it safe, but what worries me more with TikTok is that this could be a propaganda tool. The kind of videos you see would promote ideological issues. If you look at what TikTok shows to the Chinese kids, which is all about science and engineering, versus what our kids see, there’s a radical difference.

BREAM: We will watch that, because that's a bipartisan offering potentially this week. This past week we got information, it was revealed that both the Department of Energy and FBI believe that the origins of COVID were most likely a leak from the Wuhan Institute for Virology. This is something that early on this was called a conspiracy theory, you were racist if you talked about it. The Senate has actually unanimously passed a measure that would call on this administration to declassify information that we have about the origins. The White House won't say whether the president will veto it or not if it gets to his desk. Do Americans, worldwide, do people not have a right to see that information?

SEN. WARNER: Shannon, here is again an example of what we are dealing with, with the Communist Party in China. If this virus had originated virtually anywhere else, we would have had world scientists there. The Chinese Communist Party has been totally opaque about letting in outside scientists to figure this out. Now, you’ve still got of some parts of the intelligence community that think it originated in a wet market, others saying that it could have gotten out from a lab, although I would say that one entity says it came from one lab in Wuhan, another said from another. At the end of the day, we’ve got to keep looking and we've got to make sure, in terms of future pandemics, that we can have access to the source of where these diseases originate a lot earlier on in the system. We’re three and half later, we still don't have access to Wuhan.

BREAM: They're not going to cooperate with that, especially if they assess internally they were at fault. How do they pay for this? Now, billions probably trillions in damages and losses for people, millions and millions of lives. How do they pay?

SEN. WARNER: Well I think again, this is where we’ve got to have that united front of countries all around the world, that there has to be consequences. There has to be consequences potentially in terms of sanctions, it’s one of the reasons why, if China moves forward to support Russia in Ukraine, I can't understand some of my colleagues who are willing to say, “I don't really care about Ukraine, but I'm concerned about China.” Well, China and Russia, these authoritarian regimes, are linked, and we have to make sure Putin is not successful in Ukraine and that Xi doesn't further his expansion plans around Taiwan.

BREAM: Well, we know that even if they are not sending bullets over to Russia, they are buying up copious amounts of Russian oil. They are sending dual-use products that could actually be used on the battlefield. Xi doesn't seem very worried about the warnings from the U.S. at this point. They haven't even acknowledged or apologized for the balloon that went across America, we think capturing information as it went. It Xi afraid of this administration? To our warnings mean anything?

SEN. WARNER: Well I think Xi, as Putin thought, thought that with the invasion of the Ukraine, that the West would basically throw in the towel. The fact that we’ve not, the fact that you've got, for example, the German chancellor here just this past week, Germany’s dramatically increasing their defense budget. The fact that we've got nations like Finland and Sweden trying to join NATO. I think Putin made a major miscalculation and I do think Xi is watching the West stand up against Putin and is taking some lessons from that.

BREAM: You're just back from India, among many other countries you visited. They abstained from the U.N. vote that condemned Russia's invasion of Ukraine and called for an end to this. How important is it, a critical place like India, that they choose a side, and with the West?

SEN. WARNER: I think it’s time. Look, India is a great nation, as a matter of fact, I’m chair of the India Caucus, I'm a big supporter of India. India is now a major, major power. Fifth-largest economy in the world, and a place where remarkable things are happening. My message to the Indians has been, we understand that you have historic ties to Russia, and you still get a lot of your arms, but you cannot be a world leader, and attempt to be a moral world leader, without picking a side. And in this case, I think the younger Indians get that. Some of the older generation, I think we still have work to do.

BREAM: Okay, let's turn to continued funding for Ukraine. Another $400 million was announced on Friday. There are questions, there'll be more requests from Congress no doubt in the coming weeks about that. While there is strong support, here across the U.S. and across the West, the polls show that it's pulling back a little bit. Here's the reality from one analyst, “funding for the Ukrainian government has not demanded any tough bureaucratic trade-offs between funding priorities. It's not requiring bouncing needs for Ukraine against a domestic spending.” We’ve hit our ceiling, we have some kind of negotiation that’s got to happen very shortly. There are competing needs and they are very real, so where do we assess our financial commitment?

SEN. WARNER: Well Shannon, let's look at this. We have allocated $113 billion to Ukraine. We have actually only given them actually less than half of that, and on the military side, about $30 billion of roughly $60 billion. We’ve still got some runway to go there. But I think we need to keep that commitment, and the truth is the Russian army is being chewed up by the Ukrainians. We spent $800 billion a year on defense, in most of my lifetime to prevent Russia from exploiting that. We are having Ukrainians do that right now, in a sense, for us. I think we need to continue that. I think we will see the vast majority of members of Congress in both parties, there are some loudmouths on both sides that are pulling back, but if we are going to keep in this competition against Russia and China, Putin cannot be successful. At the same time, we have to realize as we look at China that national security is no longer simply tanks and trucks and guns and ships. It's also telecom and AI and quantum computing and advanced synthetic biology. We have to make investments in those domains, as well, which is both an economic investment and I believe, national security investment.

BREAM: Speaking of another national security interest, Iran, this report on their nuclear capabilities came out this week and it’s kind of getting lost in all the other foreign policy headlines, but basically what the International Atomic Energy Agency told us is that they have hit 84% as far as enriching uranium. They said that’s just short of the 90% that you would need for a weapon. Britain, France, and Germany say they want to censure Iran over this. The U.S. is kind of hesitant. The reporting is that the Biden administration doesn’t want to go there. Are we now then softer on Iran's new program then Europe?

SEN. WARNER: I do not believe that. We have made it explicitly clear – and I was just in Israel recently with a group of senators  – that we agree with Israel. Iran cannot be a nuclear power. I think, that has been our policy it will continue to be our policy. There are two steps in this process, one is the enrichment issue, and I believe we will be tougher than the Europeans. We always historically always have been –

BREAM: So then why are we against censuring, reportedly?

SEN. WARNER: We have already sanctioned and censured more Iranian companies by far than our European friends. But there is also a question around delivery systems. Again, I think we and our Israeli friends are following this very closely. Again, we will not allow Iran to become a nuclear power.

BREAM: I've got to hit this, Havana Syndrome. The reporting out this week, an assessment from several intelligence agencies that they don't think –  that it's unlikely there was a foreign adversary carrying out these attacks, whatever they were, where our people, diplomats or Intel officers around the world in U.S. missions have suffered really debilitating symptoms from this. Senator Rubio, your colleague tweeted this: “The CIA took the investigation of Havana syndrome seriously. But when you read about the devastating injuries it's hard to except that it was by AC units and loud cicadas. Something happened here and just because we don’t have all the answers doesn’t mean it didn’t happen.” Will you continue trying to pursue answers?

SEN. WARNER: Absolutely. First of all, the most important thing is anyone who got sick, whatever the source was, whether they are CIA, DoD, State Department officials, we owe them the world's best health care and I think we are providing that now. Initially frankly, under the last administration, this whole issue was attempted to be swept under the rug. We are now making sure that health care is provided. I know how, particularly the CIA, how extensive the investigation has been. And I've made very clear to them, if they need to continue that investigation, if new facts come to light, they ought to pursue that. But at this moment in time, I know how thorough they have been, and they have not found the evidence that I think perhaps they thought they would have found. We've got to follow the facts. At the end of the day that's what we owe the members of this intel community, who protect our nation, and that means giving them the health care. If it ends up sensing some other source then what has been discovered so far, we have to pursue it.

BREAM: Senator, Chairman, thanks for coming back to Fox News Sunday.

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) introduced the Increasing Competitiveness for American Drones Act of 2023, comprehensive legislation to streamline the approvals process for beyond visual line of sight (BVLOS) drone flights and clear the way for drones to be used for commercial transport of goods across the country – making sure that the U.S. remains competitive globally in a growing industry increasingly dominated by competitors like China.

Currently, each aircraft and each BVLOS operation that takes flight requires unmanned aerial system (UAS) operators to seek waivers from the Federal Aviation Administration (FAA), but the FAA has not laid out any consistent set of criteria for the granting of waivers, making the process for approving drone flights slow and unpredictable. The bipartisan Increasing Competitiveness for American Drones Act will require the FAA to issue a new rule allowing BVLOS operations under certain circumstances.

“Drones have the ability to transform so much of the way we do business. Beyond package delivery, drones can change the way we grow crops, manage disasters, maintain our infrastructure, and administer medicine,” said Sen. Warner. “If we want the drones of tomorrow to be manufactured in the U.S. and not in China, we have to start working today to integrate them into our airspace. Revamping the process for approving commercial drone flight will catapult the United States into the 21^st century, allowing us to finally start competing at the global level as technological advancements make drone usage ever more common.”

“Drones have the potential to transform the economy, with innovative opportunities for transportation and agriculture that would benefit rural states like South Dakota,” said Sen. Thune. “I’m proud to support this legislation that provides a clear framework for the approval of complex drone operations, furthering the integration of these aircraft into the National Airspace System.”

Specifically, the bill requires the FAA to establish a “risk methodology,” which will be used to determine what level of regulatory scrutiny is required:  

• Operators of small UAS under 55lbs simply have to declare that they conducted a risk assessment and meet the standard, subject to audit compliance by the FAA.
• Operators of UAS between 55lbs and 1320lbs must submit materials based on the risk assessment to the FAA to seek a “Special Airworthiness Certificate.” UAS in this category may be limited to operating no more than 400 feet above ground level.
• Finally, operators of UAS over 1320lbs must undergo the full “type certification” process—the standard approval process for crewed aircraft.

In addition, the Increasing Competitiveness for American Drones Act would create the position of “Associate Administrator of UAS Integration” as well as a UAS Certification Unit that would have the sole authority to issue all rulemakings, certifications, and waivers. This new organizational structure would create central rulemaking body for UAS, allowing for a more uniform process.  

“Commercial drone operations provide valuable services to the American public and workforce – but significant regulatory hurdles are hampering these benefits from reaching their fullest potential and jeopardize U.S. global leadership in aviation. The regulatory challenges are not driven by safety, they are hampered by bureaucracy. We accordingly have urged Congress to prioritize drone integration, and we are grateful for the support of Senators Warner and Thune in this cause. AUVSI is proud to endorse this legislation, and we urge Congress to include it as part of their critical work this year to pass a multi-year FAA Reauthorization,”  Michael Robbins, Chief Advocacy Officer of the Association for Uncrewed Vehicle Systems International (AUVSI), said.

“The Coalition is grateful for the leadership of Senators Thune and Warner, and this bill comes at a pivotal time for the drone industry. Since 2012, Congress has worked to progress the law and regulation around commercial drone use, but now, in 2023, this progress has slowed as regulations and approvals continue to be delayed. With reauthorization of Federal Aviation Administration (FAA) programs required by September 30, this year is a critical time for the drone industry,” said The Small UAV Coalition.

“The Commercial Drone Alliance applauds the introduction of the Increasing Competitiveness for American Drones Act of 2023, and we commend and thank Senator Warner and Senator Thune for their leadership on these important issues. While the U.S. has lagged behind other countries in developing and deploying uncrewed aircraft systems (UAS), this legislation provides the U.S. with the opportunity to reestablish its prominence as a global leader in advanced aviation and compete more effectively in the global economy,” said The Commercial Drone Alliance.

Sen. Warner has been a strong supporter of research and investment in unmanned systems, including driverless cars, drones, and unmanned maritime vehicles. He previously introduced  legislation designed to advance the development of UAS and build on the FAA’s efforts to safely integrate them into the National Airspace System. Virginia is home to one of seven FAA-approved sites across the country where researchers are testing the safest and most effective ways to incorporate UAS into the existing airspace – including the first-ever package delivery by drone to take place in the United States. Last October, Sen. Warner visited the headquarters of DroneUp, a leader in independent drone delivery contracting, in Hampton Roads, Virginia.

Full text of the legislation is available here.

###

WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Mark Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) wrote to Meta CEO Mark Zuckerberg, questioning the company about recently released documents revealing that the company knew, as early as 2018, that hundreds of thousands of developers in what Facebook classified as “high-risk jurisdictions” including the People’s Republic of China (PRC) and Russia had access to user data that could have been used to facilitate espionage. The documents were released as part of ongoing litigation against the company related to its lax handling of personal data after revelations regarding Cambridge Analytica.

Under pressure from Congress, Facebook revealed in 2018 that it provided access to key application programming interfaces (APIs) to device-makers based in the PRC, including Huawei, OPPO, TCL, and others. In the wake of those disclosures, Facebook met repeatedly with the staffs of both senators and the Senate Intelligence Committee to discuss access to this data and what controls Facebook was putting in place to protect user data in the future.

Wrote the bipartisan leaders of the Senate Intelligence Committee in today’s letter, “Given those discussions, we were startled to learn recently, as a result of this ongoing litigation and discovery, that Facebook had concluded that a much wider range of foreign-based developers, in addition to the PRC-based device-makers, also had access to this data. According to at least one internal document, this included nearly 90,000 separate developers in the People’s Republic of China (PRC), which is especially remarkable given that Facebook has never been permitted to operate in the PRC.  The document also refers to discovery of more than 42,000 developers in Russia, and thousands of developers in other ‘high-risk jurisdictions,’ including Iran and North Korea, that had access to this user information.”

The newly available documents reveal that Facebook internally acknowledged in 2018 that this access could  be used for espionage purposes.

“As the Chairman and Vice Chairman of the Senate Select Committee on Intelligence, we have grave concerns about the extent to which this access could have enabled foreign intelligence service activity, ranging from foreign malign influence to targeting and counter-intelligence activity,” wrote Warner and Rubio, posing a series of questions to the company about the implications of the access, including:

1)      The unsealed document notes that Facebook conducted separate reviews on developers based in the PRC and Russia “given the risk associated with those countries.” What additional reviews were conducted on these developers? When was this additional review completed and what were the primary conclusions? What percentage of the developers located in the PRC and Russia was Facebook able to definitively identify?  What communications, if any, has Facebook had with these developers since its initial identification? What criteria does Facebook use to evaluate the “risk associated with” operation in the PRC and Russia?

2)      For the developers identified as being located within the PRC and Russia, please provide a full list of the types of information to which these developers had access, as well as the timeframes associated with such access.

3)      Does Facebook have comprehensive logs on the frequency with which developers from high-risk jurisdictions accessed its APIs and the forms of data accessed?

4)      Please provide an estimate of the number of discrete Facebook users in the United States whose data was shared with a developer located in the each country identified as a “high-risk jurisdiction” (broken out by country).

5)      The internal document indicates that Facebook would establish a framework to identify the “developers and apps determined to be most potentially risky[.]” How did Facebook establish this rubric? How many developers and apps based in the PRC and Russia met this threshold? How many developers and apps in other high-risk jurisdictions met this threshold? What were the specific characteristics of these developers that gave rise to this determination? Did Facebook identify any developers as too risky to safely operate with? If so, which?

6)      The internal document references your public commitment to “conduct a full audit of any app with suspicious activity.” How does Facebook characterize “suspicious activity” and how many apps triggered this full audit process? 

7)      Does Facebook have any indication that any developers’ access enabled coordinated inauthentic activity, targeting activity, or any other malign behavior by foreign governments?

8)      Does Facebook have any indication that developers’ access enabled malicious advertising or other fraudulent activity by foreign actors, as revealed in public reporting? 

The full of today’s letter is available here and below.

Dear Mr. Zuckerberg,

We write you with regard to recently unsealed documents in connection with pending litigation your company, Meta, is engaged in. It appears from these documents that Facebook has known, since at least September 2018, that hundreds of thousands of developers in countries Facebook characterized as “high-risk,” including the People’s Republic of China (PRC), had access to significant amounts of sensitive user data. As leaders of the Senate Intelligence Committee, we write today with a number of questions regarding these documents and the extent to which developers in these countries were granted access to American user data. 

In 2018, the New York Times revealed that Facebook had provided privileged access to key application programming interfaces (APIs) to Huawei, OPPO, TCL, and other device-makers based in the PRC.  Under the terms of agreements with Facebook dating back to at least 2010, these device manufacturers were permitted to access a wealth of information on Facebook’s users, including profile data, user IDs, photos, as well as contact information and even private messages.  In the wake of these revelations, as well as broader revelations concerning Facebook’s lax data security policies related to third-party applications, our staffs held numerous meetings with representatives from your company, including with senior executives, to discuss who had access to this data and what controls Facebook was putting in place to protect user data in the future.

Given those discussions, we were startled to learn recently, as a result of this ongoing litigation and discovery, that Facebook had concluded that a much wider range of foreign-based developers, in addition to the PRC-based device-makers, also had access to this data. According to at least one internal document, this included nearly 90,000 separate developers in the People’s Republic of China (PRC), which is especially remarkable given that Facebook has never been permitted to operate in the PRC.  The document also refers to discovery of more than 42,000 developers in Russia, and thousands of developers in other “high-risk jurisdictions,” including Iran and North Korea, that had access to this user information.

As Facebook’s own internal materials note, those jurisdictions “may be governed by potentially risky data storage and disclosure rules or be more likely to house malicious actors,” including “states known to collect data for intelligence targeting and cyber espionage.”  As the Chairman and Vice Chairman of the Senate Select Committee on Intelligence, we have grave concerns about the extent to which this access could have enabled foreign intelligence service activity, ranging from foreign malign influence to targeting and counter-intelligence activity. 

In light of these revelations, we request answers to the following questions on the findings of Facebook’s internal investigation:

1) The unsealed document notes that Facebook conducted separate reviews on developers based in the PRC and Russia “given the risk associated with those countries.”

• What additional reviews were conducted on these developers?
• When was this additional review completed and what were the primary conclusions?
• What percentage of the developers located in the PRC and Russia was Facebook able to definitively identify?
• What communications, if any, has Facebook had with these developers since its initial identification?
• What criteria does Facebook use to evaluate the “risk associated with” operation in the PRC and Russia?

2) For the developers identified as being located within the PRC and Russia, please provide a full list of the types of information to which these developers had access, as well as the timeframes associated with such access.

3) Does Facebook have comprehensive logs on the frequency with which developers from high-risk jurisdictions accessed its APIs and the forms of data accessed?

4) Please provide an estimate of the number of discrete Facebook users in the United States whose data was shared with a developer located in the each country identified as a “high-risk jurisdiction” (broken out by country).

5) The internal document indicates that Facebook would establish a framework to identify the “developers and apps determined to be most potentially risky[.]”

• How did Facebook establish this rubric?
• How many developers and apps based in the PRC and Russia met this threshold? How many developers and apps in other high-risk jurisdictions met this threshold?
• What were the specific characteristics of these developers that gave rise to this determination?
• Did Facebook identify any developers as too risky to safely operate with? If so, which?

6) The internal document references your public commitment to “conduct a full audit of any app with suspicious activity.”

• How does Facebook characterize “suspicious activity” and how many apps triggered this full audit process? 

7) Does Facebook have any indication that any developers’ access enabled coordinated inauthentic activity, targeting activity, or any other malign behavior by foreign governments?

8) Does Facebook have any indication that developers’ access enabled malicious advertising or other fraudulent activity by foreign actors, as revealed in public reporting? 

Thank you for your prompt attention.

###

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $76,530,000 in federal funding for the Thomas Jefferson National Accelerator Facility, also known as Jefferson Lab, in Newport News to support multiple projects that are critical to ensuring the U.S. remains a leader in science and technology. The funding was made possible by the Inflation Reduction Act, legislation Sens. Warner and Kaine helped pass in August to lower costs for Virginians and build a strong foundation for future national security and economic growth, in part by accelerating scientific programs and national laboratory infrastructure projects.

“This funding is a powerful example of how the Inflation Reduction Act, which we proudly helped pass earlier this year, will accelerate the development of key technologies,” said the Senators. “We’re glad Jefferson Lab’s research programs and infrastructure projects are receiving this support and look forward to seeing Virginians at the lab continue to lead the way in technological innovation.”

This funding will help make critical laboratory upgrades and support Jefferson Lab’s cutting-edge work in various fields, including projects that will help increase our understanding of the fundamental building blocks and forces at work in our universe—information that can play a key role in the development of an array of technologies, including those with clean energy and medical implications. It is part of $1.5 billion from the Inflation Reduction Act for national laboratories to research and develop new technologies to help the U.S. meet its energy, climate, and security needs.

Sens. Warner and Kaine have consistently advocated for funding for Jefferson Lab and its programs. 

###

WASHINGTON – As the Biden administration works to establish two crucial semiconductor initiatives authorized by CHIPS and Science Act, U.S. Sens. Mark R. Warner (D-VA), John Cornyn (R-TX), and Mark Kelly (D-AZ) are leading eight of their colleagues in urging the U.S. Department of Commerce to take full advantage of the contributions, assets, and expertise available in states nationwide.

In a letter to Commerce Secretary Gina Raimondo, the Senators advocate for a decentralized “hub-and-spoke” model for the National Semiconductor Technology Center (NSTC) and the National Advanced Packaging Manufacturing Program (NAPMP). This model would establish various centers of excellence around the country, as opposed to a single centralized facility that is limited to the resources and strengths of a single state or region.

“Allowing the NSTC and NAPMP to draw upon experts, institutions, entrepreneurs, and private-sector partners spread across the country would best position these programs to fulfill their missions of driving semiconductor and advanced packaging research forward, coordinating and scaling up the ongoing workforce development efforts, promoting geographic diversity, and ensuring long-term U.S. competitiveness in this critical technology sector,” wrote the lawmakers.

They continued, “Such a model would allow them to draw upon the strengths of experts, research facilities, and private-sector partnerships and consortia from across the country. This model would consist of central research facilities with centers of excellence in various locations across the country where there is particular expertise in memory, logic, packaging, testing, or other elements of the semiconductor ecosystem.”

In their letter, the Senators also note that this approach was recommended by the President’s Council of Advisors on Science and Technology in a report to President Biden. This report stated, “the Secretary of Commerce should ensure the NSTC founding charter includes establishing prototyping capabilities in a geographically distributed model encompassing up to six centers of excellence (COEs) aligned around major technical thrusts.” 

The NSTC and NAPMP – designed to accelerate U.S. semiconductor production and advance research and development – were championed by Sens. Warner, Cornyn, and Kelly, who authored the CHIPS law signed by President Biden in August. In addition to Sens. Warner, Cornyn and Kelly, the letter was signed by Sens. Tim Kaine (D-VA), Rob Portman (R-OH), Sherrod Brown (D-OH), Amy Klobuchar (D-MN), Kyrsten Sinema (D-AZ), Ben Ray Luján (D-NM), Ron Wyden (D-OR), and Dianne Feinstein (D-CA).

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

October 14, 2022

Dear Secretary Raimondo,

As the Department of Commerce begins implementing the CHIPS and Science Act, we respectfully urge your department to consider using a decentralized, so-called “hub-and-spoke” model as the basis for the National Semiconductor Technology Center (NSTC) and the National Advanced Packaging Manufacturing Program (NAPMP). Allowing the NSTC and NAPMP to draw upon experts, institutions, entrepreneurs, and private-sector partners spread across the country would best position these programs to fulfill their missions of driving semiconductor and advanced packaging research forward, coordinating and scaling up the ongoing workforce development efforts, promoting geographic diversity, and ensuring long-term U.S. competitiveness in this critical technology sector.

When Congress passed the Creating Helpful Incentives to Produce Semiconductors for America Act in January 2021 and funding of $11 billion in the recently-passed CHIPS and Science Act, it recognized the need for increased investment in research and development (R&D). This R&D will include prototyping of advanced semiconductor tools, technology, and packaging capabilities to advance both U.S. economic competitiveness and the security of our domestic supply chain.

The NSTC was established as a way to drive this research forward, bringing together the Department of Commerce, Department of Defense, Department of Energy, the National Science Foundation, and the private sector in a public-private consortium. Congress created the NAPMP to “strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem” in coordination with the NSTC.

Incredibly diverse knowledge and expertise will be required to ensure that the NSTC and NAPMP are successful. We believe that it would be in the best interests of the long-term success of these programs if the Department of Commerce was to embrace a “hub-and-spoke” model for these programs. In fact, the President’s Council of Advisors on Science and Technology recommended such an approach in their report to President Biden titled, “Revitalizing the U.S. Semiconductor Ecosystem.” The report states, “The Secretary of Commerce should ensure the NSTC founding charter includes establishing prototyping capabilities in a geographically distributed model encompassing up to six centers of excellence (COEs) aligned around major technical thrusts.”  Such a model would allow them to draw upon the strengths of experts, research facilities, and private-sector partnerships and consortia from across the country. This model would consist of central research facilities with centers of excellence in various locations across the country where there is particular expertise in memory, logic, packaging, testing, or other elements of the semiconductor ecosystem. Doing so would ensure that a broader range of expertise is captured by the NSTC and NAPMP and ensure entrepreneurs and researchers across the country can take advantage of these programs to drive America’s semiconductor ecosystem forward.

Thank you for your consideration and for all of the work that you and your team are doing to implement this important legislation.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined Sens. John Hickenlooper (D-CO), Deb Fischer (R-NE), Gary Peters (D-MI), and Cynthia Lummis (R-WY)  and more than 30 of their colleagues in a bipartisan letter to Senate leadership in support of closing the $3 billion funding shortfall impacting the Secure & Trusted Communications Networks Act’s Reimbursement Program. The shortfall leaves wireless networks—often in rural areas—vulnerable to espionage or disruption.

Due to security concerns, in 2020 the FCC prohibited the purchase of equipment manufactured by Chinese telecom companies Huawei and ZTE and also prohibited the use of FCC-administered funds to expand or maintain networks with Huawei or ZTE equipment already present.

The reimbursement program helps small telecommunications providers remove and replace suspect Chinese network equipment manufactured by Huawei and ZTE. If the funding shortfall for the program is not closed, the FCC will not be able to fully cover the costs of removing, disposing, and replacing suspect network equipment which will leave U.S. wireless networks vulnerable to espionage and disruption.

“The highest priority class of telecommunications providers in the Reimbursement Program serve the most rural areas of the United States where wireless connectivity is a vital lifeline to accessing telehealth services, receiving emergency notifications, and participating in the 21st century economy,” wrote the Senators.

The Secure and Trusted Communications Networks Act was enacted in 2020 and given a $1.9 billion appropriation for the Federal Communications Commission (FCC) to help small network providers remove and replace high-risk network equipment. While the initial $1.9 billion was based on a voluntary survey of possible costs small network providers would incur, supply chain disruptions and additional program requirements (such as proper disposal of suspect equipment) added to the overall costs within the Reimbursement Program.

“The bipartisan Senate support – thirty-four Senators! – in favor of a well-resourced Reimbursement Program sends a clear message, and I applaud the letter signatories, especially Senators Hickenlooper, Fischer, Peters, and Lummis, for their leadership on this critical national security issue. The funding shortfall must be addressed as soon as possible to ensure eligible small and rural carriers are adequately reimbursed for costs associated with removing, destroying, and replacing affected equipment. These carriers serve some of the most rural and hard-to-reach places across the country and, without adequate reimbursements, their ability to provide ongoing service to customers is seriously jeopardized,” said Steven K. Berry, president and CEO, Competitive Carriers Association (CCA).

Text of the letter is available here and below.

Dear Leader Schumer and Leader McConnell,

We write to express our support for the Federal Communication Commission’s (FCC) Reimbursement Program under the Secure and Trusted Communications Networks Act (Secure Networks Act). The program’s success is critical to maintaining network resiliency in Rural America and our national security. Since the Secure Networks Act was signed into law in 2020, Congress has appropriated $1.9 billion to support the FCC’s ongoing implementation of the Secure Networks Act and the establishment of the Reimbursement Program to reimburse eligible small and rural telecommunications providers for costs associated with removing, destroying, and replacing “threats to the security of our nation’s communications networks posed by certain communications equipment providers.”

On February 4, 2022, the FCC announced providers, using guidance provided by the FCC, had requested close to $5.6 billion to remove and replace equipment in their networks—nearly three times more than a previous projection for the Reimbursement Program and creating a significant financial shortfall of $3.7 billion. On July 15, 2022, the FCC informed Congress that following an extensive review of applications submitted under the Reimbursement Program, the amount of supplemental funding needed to fully fund approved cost estimates is $3.08 billion. Pursuant to the Secure Networks Act, a funding shortfall requires the FCC issue a pro-rated reimbursement to eligible telecommunications providers—resulting in only 39.5% of funding for approved costs allocated for reimbursement.

The highest priority class of telecommunications providers in the Reimbursement Program serve the most rural areas of the United States where wireless connectivity is a vital lifeline to accessing telehealth services, receiving emergency notifications, and participating in the 21st century economy. Due to significant national security risks to U.S. communications infrastructure, the FCC has already prohibited monies from the Universal Service Fund (USF) from supporting the maintenance or expansion of any wireless network that has covered equipment from Huawei and ZTE present. While these actions are necessary, small rural wireless telecommunications providers rely upon USF funds, and rural America faces a perilous situation. Currently, rural wireless carriers may not maintain, service, or upgrade networks with USF with Huawei and ZTE equipment still present. We are jeopardizing vital communications networks nationwide and our national security.

Recognizing the importance of a well-resourced Reimbursement Program to maintaining critical telecommunications service in rural communities, we are committed to working with you on legislative solutions to promptly provide the financial resources necessary to mitigate national security vulnerabilities emanating from network equipment manufactured by untrusted companies such as Huawei Technologies and ZTE Corporation.

Thank you for your attention to this urgent matter. We look forward to working with you to find a swift solution.

Sincerely,

 ###