WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), alongside a group of 37 senators, wrote to President Trump strongly condemning the President’s recent order to remove Inspectors General (IGs) from at least 18 government agencies and called on the President to immediately reinstate the officials. According to the Inspector General Independence and Empowerment Act, which was signed into law in 2022, the President is required to provide a 30-day notice and substantive reasons for removal in writing to Congress before an Inspector General can be removed. President Trump failed to alert Congress or provide substantive reasoning.

In Virginia, IGs have played key roles in much-needed oversight, including over the quality of the United States Postal Services’ work, and in responding to the horrific animal abuse committed by Envigo Global Services against 4,000 beagles in Cumberland County.

“These officials, which include those appointed by Presidents of both parties, including many during your first Administration, collectively conduct oversight of trillions of dollars of federal spending and the conduct of millions of federal employees,” wrote the senators. “Removing these non-partisan watchdogs without providing a substantive and non-political reason is not lawful, and undermines their independence, jeopardizing their critical mission to identify and root out waste, fraud, and abuse within federal programs.”

The senators continued, “While the President has the authority to remove Inspectors General from office, Congress has established clear requirements to ensure such removals are transparent and are not politicized.  The law requires that the President provide a written 30-day notice to both Houses of Congress and include “the substantive rationale, including detailed and case-specific reasons for any such removal or transfer.” With respect to your firings Friday night, Congress has not received either the mandatory 30-day notice or a rationale for their removal. Because your actions violated the law, these Inspectors General should be reinstated immediately…”

IGs are responsible for providing independent oversight of federal programs and play a key role in improving government efficiency and effectiveness. IGs were removed from at least 18 departments and agencies, including Departments of Defense, State, Education, Transportation, Veterans Affairs, Housing and Urban Development, Interior, Energy, Commerce, Agriculture, Labor, Health and Human Services, and Treasury, and the Environmental Protection Agency, the Office of Personnel Management, the Small Business Administration, the Social Security Administration, and the Special Inspector General for Afghanistan Reconstruction.

In addition to Warner and Kaine, the letter was signed by U.S. Senators Gary Peters (D-MI), Chuck Schumer (D-NY), Ed Markey (D-MA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), Adam Schiff (D-CA), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), Cory Booker (D-NJ), Catherine Cortez Masto (D-NV), Richard Blumenthal (D-CT), Ron Wyden (D-OR), Ruben Gallego (D-AZ), Bernie Sanders (I-VT), Brian Schatz (D-HI), Maggie Hassan (D-NH), Jack Reed (D-RI), Dick Durbin (D-IL), Andy Kim (D-NJ), Alex Padilla (D-CA), Mazie Hirono (D-HI), Elissa Slotkin (D-MI), Amy Klobuchar (D-MN), John Hickenlooper (D-CO), Jacky Rosen (D-NV), Rev. Raphael Warnock (D-GA), Jeanne Shaheen (D-NH), Martin Heinrich (D-NM), Jeff Merkley (D-OR), Kirsten Gillibrand (D-NY), Lisa Blunt Rochester (D-DE), Maria Cantwell (D-WA), Patty Murray (D-WA), Mark Kelly (D-AZ), Angela Alsobrooks (D-MD), and John Fetterman (D-PA). 

The full text of the letter is available here and below.

Dear Mr. President,  

Your decision Friday evening to remove Inspectors General (IGs) from at least 18 offices across government—including those overseeing the Departments of Defense, State, Education, Transportation, Veterans Affairs, Housing and Urban Development, Interior, Energy, Commerce, Agriculture, Labor, Health and Human Services, and Treasury, and the Environmental Protection Agency, the Office of Personnel Management, the Small Business Administration, and the Social Security Administration, as well as the Special Inspector General for Afghanistan Reconstruction—does not comply with current law and could do lasting harm to IG independence.  These officials, which include those appointed by Presidents of both parties, including many during your first Administration, collectively conduct oversight of trillions of dollars of federal spending and the conduct of millions of federal employees.  Removing these non-partisan watchdogs without providing a substantive and non-political reason is not lawful, and undermines their independence, jeopardizing their critical mission to identify and root out waste, fraud, and abuse within federal programs. 

Inspectors General are responsible for providing independent oversight of federal programs by working to root out waste, fraud, and abuse and protect taxpayer dollars – oversight our federal agencies desperately need.  They play a key role in improving government efficiency and effectiveness and have helped identify and recover billions of taxpayer dollars.  IG independence is the foundation of this work, and IGs must be free of political influence so that they can carry out their important mission with integrity and credibility.  The federal government and the American people count on these officials to operate in a professional and non-partisan way to hold our government accountable—regardless of who is in power.  Without strong, qualified, and independent officials to lead these critical efforts, the Administration risks wasting taxpayer dollars, and allowing fraud and misconduct to go unchecked. For example, just this week the Office of Management and Budget (OMB) issued an unlawful memo directing agencies to pause nearly all federal grants and loans, which significantly disrupts the administration of over a trillion dollars of critical assistance to communities, businesses, and organizations across the country.  It is especially vital to have independent watchdogs at each of these agencies to conduct oversight of the impacts of this unconstitutional and unprecedented directive.     

While the President has the authority to remove Inspectors General from office, Congress has established clear requirements to ensure such removals are transparent and are not politicized.  The law requires that the President provide a written 30-day notice to both Houses of Congress and include “the substantive rationale, including detailed and case-specific reasons for any such removal or transfer.” With respect to your firings Friday night, Congress has not received either the mandatory 30-day notice or a rationale for their removal.  Because your actions violated the law, these Inspectors General should be reinstated immediately, until such time as you have provided in writing “the substantive rationale, including detailed and case-specific reasons” for each of the affected Inspectors General and the 30-day notice period has expired.   

Lastly, if you believe it is necessary to place any of the affected IGs on administrative leave before the 30-day notice period has ended, the law requires that you submit a separate notification to Congress explaining how the IG presents a threat as defined in the Administrative Leave Act. 

Sincerely,

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined colleagues in a letter to Senate Majority Leader John Thune (R-SD) and Chair of the Senate Finance Committee Mike Crapo (R-ID) urging Senate Republicans to work in a bipartisan way to reduce the deficit and protect the middle class from tax hikes.

This letter comes ahead of the upcoming expirations of the federal debt ceiling and many provisions of the 2017 Tax Cuts and Jobs Act (TCJA). In the letter, the senators urge Republican leadership to work across the aisle to find reasonable, commonsense solutions that protect hardworking Americans by reducing unnecessary spending and reforming the tax code to protect the middle class.

“As you are well aware, Congress and the President will face a daunting budget reality in 2025,” the senators wrote. “The nonpartisan Congressional Budget Office (CBO) estimated in 2024 that extending all of the expiring provisions of the TCJA would cost $4.6 trillion over ten years, once interest is included. CBO also projects that the annual budget deficit, without including any extension of the TCJA, will grow from $1.9 trillion in 2024 to $2.9 trillion in 2034.”

“We understand that the Senate Republican Conference is likely to use the budget reconciliation process to address these expirations,” they continued. “While we respect the majority’s right to do so under Senate rules, we believe a better outcome can be achieved by working in a bipartisan manner to reform the tax code and address our growing national debt through responsible spending reforms. We believe a fully deficit-financed, partisan effort could risk raising costs for families, driving up interest rates for Americans looking to purchase a home, and increasing borrowing costs for American businesses and consumers. It also risks reducing the government’s future ability to respond to national security emergencies and fund our nation’s key programs.”

“While there will certainly be challenges to finding bipartisan agreement on certain issues, we believe addressing the growing deficit and reducing unnecessary spending can serve as a basis for good faith bipartisan negotiation. We stand ready to work with you in good faith to craft legislation that can achieve 60 votes in the Senate,” the senators concluded.

A copy of the letter is available here.

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today urged leadership at Valve, a prominent video game company, to respond to reports that their gaming distribution and social networking platform, Steam, is hosting extremist and hateful content – including over 1.5 million users and tens of thousands of groups that share and amplify antisemitic, Nazi, sexuality- or gender-based hate, and white supremacist content. Sen. Warner called for broad action from Valve to bring its content moderation standards in line with industry standards and crack down on the rampant proliferation of hate-based content. 

“I write to you today regarding the hate and extremism that has recently been identified on your gaming digital distribution and social networking platform Steam,” Warner wrote. “Recently, the Anti-Defamation League (ADL) released a report where ADL identified over 1 million unique user accounts and nearly 100,000 user-created groups that glorified antisemitic, Nazi, white supremacist, gender- and sexuality-based hatred, and other extremist ideologies on Valve’s Steam platform.” 

The letter notes that Steam has millions of active users that are now exposed to extremist ideologies. According to the ADL report, Steam hosts almost 900,000 users with extremist or antisemitic profile pictures, 40,000 groups with names that included hateful words, and rampant use of text-based images, particularly of swastikas, resulting in over 1 million unique hate-images.

“My concern is elevated by the fact that Steam is the largest single online gaming digital distribution and social networking platform in the world with over 100 million unique user accounts and a userbase similar in scale to that of the ‘traditional’ social media and social network platforms. Steam is financially successful, with a dominant position in its sector, and makes Valve billions of dollars in annual revenue. Until now, Steam has largely not received its due attention as a de facto major social network where its users engage in many of the same activities expected of a social media platform,” Warner continued.

“We have seen on other social networking platforms that lax enforcement of the letter of user conduct agreements, when coupled with a seeming reluctance by those companies to embrace the spirit (namely providing users with a safe, welcoming place to socialize) of those same agreements, leads to toxic social environments that elevate harassment and abuse. You should want your users (and prospective users) to not have to wonder if they or their children will be harassed, intimidated, ridiculed or otherwise face abuse,” Warner concluded.

The letter ends with a series of questions for Valve regarding their enforcement of their own terms of service and their commitment to reining in toxic content.

For years, Sen. Warner, a former tech entrepreneur, has been raising the alarm about rise of hate-fueled content proliferating online, as well as the threat posed by domestic and foreign bad actors circulating disinformation. Recently, he pressed directly for action from Discord, another video game-based social networking site that is hosting violent predatory groups that coerce minors into self-harm and suicide. He has also called attention to the rise of pro-eating disorder content on AI platforms. A leader in the tech space, Sen. Warner has also lead the charge for broad Section 230 reform to allow social media companies to be held accountable for enabling cyber-stalking, harassment, and discrimination on their platforms.

A copy of the letter is available here and below.

Dear Mr. Newell:

I write to you today regarding the hate and extremism that has recently been identified on your gaming digital distribution and social networking platform Steam. Recently, the Anti-Defamation League (ADL) released a report where ADL identified over 1 million unique user accounts and nearly 100,000 user-created groups that glorified antisemitic, Nazi, white supremacist, gender- and sexuality-based hate, and other extremist ideologies on Valve’s Steam platform. 

It has been brought to your attention before that extremist ideologies seem to find a home on Steam. In 2022, Valve received a Senate letter identifying nearly identical activity on your platform, and yet two years later it appears that Valve has chosen to continue a ‘hands off’-type approach to content moderation that favors allowing some users to engage in sustained bouts of disturbing and violent rhetoric rather than ensure that all of its users can find a welcoming and safe environment across your platform.

My concern is elevated by the fact that Steam is the largest single online gaming digital distribution and social networking platform in the world with over 100 million unique user accounts and a userbase similar in scale to that of the ‘traditional’ social media and social network platforms. Steam is financially successful, with a dominant position in its sector, and makes Valve billions of dollars in annual revenue. Until now, Steam has largely not received its due attention as a de facto major social network where its users engage in many of the same activities expected of a social media platform. 

ADL also found that, in addition to the extremely concerning number of hateful account and user groups:

• Almost 900,000 users with extremist or antisemitic profile pictures
• 40,000 groups with names that included hateful words, with the most prominent being “1488”, “shekel” and “white power”
• Rampant use of text-based images (so-called “copypasta” or “ASCII art”), particularly of swastikas, resulting in over 1 million unique hate-images. 

Valve has a Steam Online Conduct policy (“Conduct Policy”) and a Steam Subscriber Agreement (“Agreement”) that Steam subscribers agree to abide by as a condition of using the service. The Conduct Policy requires that “[in] general, as a Steam user you should be a good online citizen and not do anything that prevents any other Steam user from using and enjoying Steam”. The Conduct Policy explicitly directs subscribers to not:  

• “Engage in unlawful activity [including] encouraging real-world violence…”
• “Upload or post illegal or inappropriate content [including] [real] or disturbing depictions of violence…”
• “Violate others’ personal rights”
• “Harass other users or Steam personnel [which includes not engaging in] trolling; baiting; threatening; spamming; intimidating; and using abusive language or insults.” 

It is reasonable to question how committed Valve is to effectively implement and enforce Valve’s own, self-created Conduct Policy for its users, in light of the 1 million Steam user accounts and 100,000 user-created groups glorifying hateful ideologies that ADL found. We have seen on other social networking platforms that lax enforcement of the letter of user conduct agreements, when coupled with a seeming reluctance by those companies to embrace the spirit (namely providing users with a safe, welcoming place to socialize) of those same agreements, leads to toxic social environments that elevate harassment and abuse. You should want your users (and prospective users) to not have to wonder if they or their children will be harassed, intimidated, ridiculed or otherwise face abuse.

As Black Friday and the holiday buying season approaches, the American public should know that not only is Steam an unsafe place for teens and young adults to purchase and play online games, but also that, absent a change in Valve’s approach to user moderation and the type of behavior that it welcomes on its platform, Steam is playing a clear role in allowing harmful ideologies to spread and take root among the next generation.

Valve must bring its content moderation practices in line with industry standards or face more intense scrutiny from the federal government for its complicity in allowing hate groups to congregate and engage in activities that undoubtedly puts Americans at risk. 

Please provide answers to the following questions no later than December 13, 2024. Please provide answers in-line with the questions, and not a narrative that attempts to answer multiple questions. 

1. Please describe Valve’s current practices used to enforce its terms of service.

2. Please provide the definition that Valve uses internally to define each of the following terms and/or behaviors from the Conduct Policy in order to evaluate potential violations of said policy:
   1. “Encouraging real-world violence”;
   2. “Inappropriate content”;
   3. “Real or disturbing depictions of violence”;
   4. “Violate others’ personal rights”; and
   5. “Harass other users or Steam personnel”, including:

                                                              i.      trolling;

                                                             ii.      baiting;

                                                           iii.      threatening;

                                                           iv.      intimidating; and

                                                             v.      abusive language or insults.

3. How many allegations did Valve receive from users about potential violations of the Conduct Policy? Include in your response each date when the Conduct Policy was changed, updated, or otherwise modified. Please provide data sufficient to answer this question for each of the following:
   1. Each month of each of the years of 2014 to 2024;
   2. Each category of violation (however Valve tracks types or categories of violations of the policy;
   3. Each category of violation for each month of each of the years of 2014 to 2024;
   4. The disposition and/or any findings of each complaint received (this may be presented in aggregate) by Valve, whether through Steam’s internal reporting mechanisms or any other means, and subsequent action taken by Valve in response to each complaint (this may be presented in aggregate).
   5. The number of unique user accounts that were subject to adverse, punitive, or corrective actions by Valve:

                                                              i.      In response to a user-generated complaint; and

                                                             ii.      In response to violations identified by Valve moderators of their own accord.

6. For item e, above, please provide data on unique payment methods (e.g. credit card accounts, PayPal or similar payment method accounts, JCB, Klarna, Paysafecard, and any other payment methods accepted on Steam that are uniquely identifiable) associated with each account subject to adverse, punitive, or corrective actions by Valve that was subsequently used for any other account (this may be presented on aggregate).

4. Approximately how many human content moderators work for Steam?
   1. How many of those moderators are in-house Valve employees?
   2. How many of those moderators are contracted by Valve?
   3. Does Steam supplement this work with AI-content moderation systems? If so, describe the ways in which any AI system is deployed for that purpose, including any evaluation process that Valve carried out to test any such system and the results that demonstrate the efficacy of any such system in identifying and/or removing content that violates the Conduct Policy and Subscriber Agreement.

5. What steps does Valve take to prevent, monitor, and mitigate extremist, white supremacist, and terrorism-related content?

6. What commitments will Steam make to ensure that it has meaningfully curbed white supremacist, antisemitic, terroristic, Nazi, homophonic, transphobic, misogynist, and hateful content by November 15, 2025?

7. What transparency measures does Valve plan to implement to inform users and the public about content moderation actions related to extremists and behavior that could be reasonably interpreted as endorsing extremist thoughts, beliefs, and/or actions on the platform? 

8. The research shows a period from late 2019 to mid-2020 where it appears Valve may have stepped up its moderation of certain types of hateful content on Steam. Can you provide more detail on your content moderation practices during this time? 

9. How frequently does Valve evaluate its content moderation practices related to extremism?
   1. How frequently do those evaluations result in changes, updates, or other modifications to Valve’s content moderation practices related to extremism?

10. Has Steam, or Valve, made policy, enforcement, or practical decisions that have had the effect of limiting or its content moderation? If so, provide the date(s) of each decision and enough information to understand the context and analysis that led to each decision.

I greatly appreciate your swift attention to this matter and look forward to reviewing your response. 

Sincerely, 

###

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined U.S. Sens. Mike Rounds (R-SD), Angus King (I-ME), and a bipartisan group of colleagues in urging the Department of Homeland Security (DHS) and the Department of Labor (DOL) to release the maximum number of Congressionally-authorized H-2B visas for Fiscal Year (FY) 2025.

The H-2B Temporary Non-Agricultural Visa Program allows U.S. employers to hire seasonal, non-immigrant workers during peak seasons to supplement the existing American workforce. In order to be eligible for the program, employers are required to declare that there are not enough U.S. workers available to do the temporary work, as is the case with Virginia’s seafood industry, which relies on H-2B workers for tough jobs such as shucking oysters and processing crabs. 

“Many employers turn to the H-2B program to meet their workforce needs to not only sustain their businesses, but also support their American workers. The H-2B program places requirements on employers to recruit U.S. workers, who are intentionally prioritized by the program and also receive demonstrated, positive impacts from their seasonal colleagues. In fact, a 2020 Government Accountability Office report concluded that ‘counties with H-2B employers generally had lower unemployment rates and higher average weekly wages than counties that do not have any H-2B employers,’” wrote the senators.

“The most current employment data illustrates the workforce struggles of seasonal businesses nationwide. The Department of Labor’s Job Openings and Labor Turnover Surveys (JOLTS) show the rate of job openings have increased year over year for the industries that represent the top five H-2B occupations. As you know, the FY 2025 H-2B first half fiscal year cap was met on September 18, 2024—roughly three weeks earlier than the cap was met in FY 2024,” they continued.

Along with Sens. Warner, Kaine, Rounds, and King the letter was signed by Sens. John Barrasso (R-WY), Michael Bennet (D-CO), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Susan Collins (R-ME), Chris Coons (D-DE), John Cornyn (R-TX), Kevin Cramer (R-ND), Mike Crapo (R-ID), John Fetterman (D-PA), Lindsey Graham (R-SC), Maggie Hassan (D-NH), George Helmy (D-NJ), John Hickenlooper (D-CO), Cindy Hyde-Smith (R-MS), Amy Klobuchar (D-MN), Cynthia Lummis (R-WY), Joe Manchin (I-WV), Jerry Moran (R-KS), Lisa Murkowski (R-AK), Pete Ricketts (R-NE), Jim Risch (R-IF), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Dan Sullivan (R-AK), John Thune (R-SD), Thom Tillis (R-NC), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), Roger Wicker (R-MS), Ron Wyden (D-OR), Kyrsten Sinema (I-AZ) and Tim Scott (R-SC).

Sens. Warner and Kaine are committed to providing long-term relief for seasonal seafood processors through reform of the H-2B program. Last year, the Senators pushed for the Department of Labor to reform the H-2B Visa process in order to help meet the need of Virginia’s seafood processors In 2022, Sens. Warner and Kaine pushed for and  secured the release of an additional H-2B visas for seasonal workers.

A copy of the letter is available here and below.

Dear Secretaries Mayorkas and Su:

We write on behalf of seasonal businesses in our states—including employers of housekeepers in tourist destinations, landscapers with defined seasons, seafood processors with short harvesting windows, and fairs and carnivals—who are struggling to hire a sufficient number of temporary, seasonal laborers to support their operations.

In light of these labor shortages, we strongly urge the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to utilize the authority provided by Congress in the FY2025 Continuing Appropriations and Extensions Act to release the maximum allowable number of additional H-2B visas for Fiscal Year 2025, as you did for Fiscal Year 2024. These visas will help employers handle their labor challenges, and provide additional certainty regarding their workforce planning decisions in the coming months. We urge you to promptly publish a temporary rule implementing the release of these supplemental visas.

Many employers turn to the H-2B program to meet their workforce needs to not only sustain their businesses, but also support their American workers. The H-2B program places requirements on employers to recruit U.S. workers, who are intentionally prioritized by the program and also receive demonstrated, positive impacts from their seasonal colleagues. In fact, a 2020 Government Accountability Office report concluded that “counties with H-2B employers generally had lower unemployment rates and higher average weekly wages than counties that do not have any H-2B employers.”

The most current employment data illustrates the workforce struggles of seasonal businesses nationwide. The Department of Labor’s Job Openings and Labor Turnover Surveys (JOLTS) show the rate of job openings have increased year over year for the industries that represent the top five H-2B occupations. As you know, the FY 2025 H-2B first half fiscal year cap was met on September 18, 2024—roughly three weeks earlier than the cap was met in FY 2024. The result is that seasonal employers whose peak seasons are in late fall and winter are capped out before their period of seasonal need begins. Absent cap relief, these employers will be unable to receive temporary, U.S. government-vetted guest workers.

Congress has acknowledged this seasonal labor shortage by providing DHS with the authority to lift the H-2B visa cap for each of the past eight fiscal years. Given the growing demand for H-2B workers as employers continue to struggle with staffing shortages, we encourage you to promptly promulgate a temporary final rule for FY 2025 along the same lines as the FY 2024 rule.

Sincerely,

###

WASHINGTON – U.S. Senators Mark R. Warner and Tim Kaine (both D-VA) joined Senators Mark Kelly (D-AZ), Kyrsten Sinema (I-AZ) and Bob Casey (D-PA) in sending a letter to Secretary of Health and Human Services (HHS) Xavier Becerra urging continued action to address the critical intravenous (IV) fluid shortage affecting hospitals across the nation. This shortage, caused by the temporary closure of Baxter International's manufacturing plant in North Carolina due to flooding from Hurricane Helene, has created significant challenges for health care providers in Virginia and across the country. 

The senators’ letter comes in response to the production halt at Baxter International, the largest manufacturer of intravenous (IV) solutions in the United States, which produces nearly two-thirds of the IV fluids used in U.S. hospitals. While federal agencies—including the HHS, the Food and Drug Administration (FDA), and the Administration for Strategic Preparedness and Response (ASPR)—work to increase supply from other manufacturers, allow temporary importation of products manufactured abroad, and provide guidance on compounded alternatives, hospitals across the country, including in Virginia, continue to face shortages and need clear communication to effectively plan for the months ahead. The letter emphasized that the federal response must especially prioritize providers whose patient communities will be most at risk in the face of continued shortages. 

“The uncertainty created by reduced product deliveries has led to conservation policies in health facilities across our states. After orders were recently cancelled, some providers have reported having only single-digit days’ worth of product on hand, while others are utilizing over the-counter oral hydration solutions like Gatorade—and fear reduced allocations of those alternatives as well. While providers are seeing promising results from HHS’s actions so far, we must ensure this progress continues,” wrote the senators.  

“As you take the necessary steps to increase production of IV products at alternative domestic sites, facilitate the expedited arrival of additional product from overseas, and review product shelf life to consider extensions, we ask you provide clear and continuous communication to health providers on their options and the path forward as communities recover from this storm and any impact that may stem from Hurricane Milton,” the senators concluded. 

Read the full letter to Secretary Becerra here and below: 

Dear Secretary Becerra:

We appreciate the Biden Administration’s efforts to swiftly respond to the catastrophic damage caused across the southeast by Hurricane Helene. As you continue this recovery work, on behalf of our constituents and the health care providers who serve them, we write to urge you to continue to work with hospital and health system partners to address disruptions in the intravenous (IV) solution supply chain resulting from the hurricane-induced closure of the Baxter International plant in North Cove, North Carolina.

As you know, Baxter is the largest manufacturer of IV solutions in the United States. Their facility in Western North Carolina produces nearly two-thirds of the IV solution used to provide health care nationwide. As you also know, to protect from stockpiling, Baxter has instituted limits on the amount of saline solution and dextrose product hospitals and health systems are currently able to order. We are encouraged by steps taken by your agency and other federal government agencies to move product more quickly, including rebuilding physical infrastructure, working with manufacturing partners to increase supply from other sites, and providing guidance on appropriate compounding.

However, the uncertainty created by reduced product deliveries has led to conservation policies in health facilities across our states. After orders were recently canceled, some providers have reported having only single-digit days’ worth of product on hand, while others are utilizing over-the-counter oral hydration solutions like Gatorade—and fear reduced allocations of those alternatives as well. While providers are seeing promising results from HHS’s actions so far, we must ensure this progress continues.

As you take the necessary steps to increase production of IV products at alternative domestic sites, facilitate the expedited arrival of additional product from overseas, and review product shelf life to consider extensions, we ask you provide clear and continuous communication to health providers on their options and the path forward as communities recover from this storm and any impact that may stem from Hurricane Milton. We also request intentional outreach to safety net, tribal, and rural providers, as well as those caring for vulnerable populations who may lack the resources to sustain prolonged shortages. Hospitals and health systems in our states are eager to work with you to protect patient care and welcome your outreach. 

We look forward to working with you to ensure timely and robust communication to keep our communities healthy. Thank you for your attention to this matter. 

Sincerely,

###

WASHINGTON – With less than 40 days until the election, U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, wrote to Jen Easterly, Director of the Cybersecurity and Infrastructure Security Agency (CISA), to push CISA to do more to assist state and local governments in identifying, responding to, and mitigating the spread of misinformation and disinformation that could impact the 2024 election and afterwards.

“Unfortunately, throughout this election cycle we have witnessed an unprecedented rise in targeted election disinformation campaigns… the Intelligence Community’s 2024 Annual Threat Assessment shed light into strategic and intentional attempts by foreign actors, including Russia, China, and Iran, to magnify and exploit social divisions and conduct election influence operations through the dissemination of false and misleading information – with presidential elections being prime targets of such efforts,” wrote Sen. Warner.

The letter calls attention to a range of voter intimidation plots throughout the years, and emphasizes their success in both suppressing turnout and sowing general mistrust among voters. In response to these threats, Sen. Warner urges robust action from CISA to increase its resources and grow its collaborative efforts to track these efforts. He also calls on CISA to facilitate communication between election offices and social media platforms – an effort the agency has moved away from.

“I also encourage CISA to work closely with all relevant parties, including academics and researchers, state and local officials, and private sector entities (such as technology companies and social media platforms) in an effort to increase information sharing. I strongly encourage the agency to again coordinate efforts with platforms to combat election disinformation. In an election cycle where threats persistently grow but some platforms are dedicating fewer resources towards election integrity and content moderation efforts,  this presents an opportune moment to ramp up such collaborations. CISA would play an invaluable role facilitating communication between election offices and platforms, empowering both to better combat the dissemination of deceptive and misleading information,” Sen. Warner continued.

The letter also raises the unique threats posed by the development of artificial intelligence (AI) and calls attention to an incident in the New Hampshire primary where AI-generated robocalls impersonating Joe Biden urged voters to stay home and “save” their vote for the general election. Sen. Warner concludes by urging CISA to stay alert to the ways AI changes the threat landscape.

“Although AI alone has not changed the threat landscape observed in previous elections, it has supercharged the threats and adjusted the risk calculus. CISA should likewise adjust with this change in risk to ensure that election offices and the public have the necessary protections in place to remain resilient against AI-enhanced threats,” Sen. Warner continued.

Over the past year, Sen. Warner has repeatedly raised the alarm about the elevated threat environment around the 2024 election. He has hosted two open hearings in the Intelligence Committee to call on representatives from both the U.S. government and large tech companies to testify about their knowledge of and efforts to crack down on foreign malign influence online. He has also spoken out specifically about Russia and Iran’s attempts to influence the 2024 election. Additionally, in January, Sen. Warner sent a letter to CISA to push for more robust efforts to get ahead of this threat.

A copy of the letter is available here and below:

Dear Director Easterly:

I write to you today with great concern regarding the potential for election misinformation and disinformation campaigns impacting state and local election offices ahead of the November 5, 2024 Presidential election. Attacks against state and local election offices and officials will have ramifications on our democratic processes, including the administration of elections and possible voter suppression and intimidation. As such, I strongly urge you to use all the tools at your disposal to provide state and local administrators with the necessary resources to uncover, build resilience against, and rapidly respond to information manipulation campaigns leading up to the election and afterwards.

State and local election offices play a vital role in the administration of elections, including supervising and holding elections, providing for the safety and security of our voting systems, and serving as trusted determiners of election results. In the lead up to consequential elections, election offices serve as credible information ecosystems, providing critical information on the time, manner, and place of elections. Voters trust these entities to ensure that our elections are accurate, safe, secure, and accessible. That is why I am encouraged by and salute the work of the Cybersecurity & Infrastructure Security Agency (CISA) in continuing to support state and local efforts to safeguard election integrity.

Unfortunately, throughout this election cycle we have witnessed an unprecedented rise in targeted election disinformation campaigns. Most infamously, in January 2024, voters in New Hampshire were on the receiving end of robocalls from domestic partisan actors using an artificial intelligence (AI) generated voice impersonating President Joe Biden ahead of the state’s primary, urging voters not to vote and to instead save their vote for the general election. Separately, the Intelligence Community’s 2024 Annual Threat Assessment shed light into strategic and intentional attempts by foreign actors, including Russia, China, and Iran, to magnify and exploit social divisions and conduct election influence operations through the dissemination of false and misleading information – with presidential elections being prime targets of such efforts. Just earlier this month, the Department of Justice successfully disrupted a covert Russian government-sponsored influence campaign to shape voter perceptions in the upcoming election through the purchase of internet domains intended to mimic legitimate news organizations. While the IC remains confident that foreign actors could not successfully manipulate election systems to impact election outcomes without detection, it has elevated concerns that foreign actors could instead utilize information operations to undermine confidence in the election.

In addition to disrupting the stable administration of elections, these types of information manipulation campaigns can result in potential voter suppression and intimidation. In the last several years, false claims that the Immigration and Customs Enforcement (ICE) agency will be patrolling polling locations on Election Day have gone viral and were found to be distributed in-person, creating an environment of intimidation for potential voters. In 2020, political operatives targeted tens of thousands of Black voters in Midwestern states, placing robocalls making false claims that individuals who vote by mail would have their personal information added to a government database for monitoring that could then be used for pursuing debts, warrants, and then-mandatory vaccines. During that same year, tens of thousands of voters in Florida received targeted emails directing them to change their party affiliation and vote for a particular candidate or face physical violence, a clear voter intimidation plot. Additionally, foreign actors have also engaged in these practices; in its Intelligence Community Assessment for the 2020 U.S. election, the IC assessed that both Russia and Iran pursued efforts to spread false information about electoral processes and – in both cases – suppress (or even intimidate) American voters. Such efforts not only severely impact voter turnout and participation in our democracy, but can erode public trust and weaken voter confidence in our democratic institutions and electoral processes.

As evidenced through the disturbing incidents above, the widespread presence, expanded scope, and increased sophistication of AI technologies, including generative AI, has only strengthened deceptive and manipulative information campaigns. While AI capabilities continue to grow at a rapid pace, state and local governments’ IT, public outreach, and cybersecurity teams continue to operate with limited staff and resources, making it extremely difficult for smaller teams to respond to sophisticated AI-backed campaigns targeting elections.

That is why the work of CISA is crucial in securing the systems and assets that support our nation’s elections. CISA, and the Department of Homeland Security more broadly, provide wide-ranging and essential resources, including cybersecurity assessments, detection and prevention, information sharing and awareness, and training and career development – most of these listed in the Election Infrastructure Security Resource Guide at no cost to state and local governments. These products are integral in safeguarding our election systems and ensuring that our democratic processes can continue as intended.

I strongly urge CISA to increase its provision to assist state and local governments in identifying, responding to, and mitigating the spread of misinformation and disinformation that could impact the administration of elections and voting processes. I recognize that CISA has proactively provided educational materials and products, including toolkits and FAQs and I commend your agency for these efforts. I encourage CISA to build upon these resources and expand the work of entities, like the Elections Infrastructure Information Sharing and Analysis Center (EI-SAC) and work with other bodies, like the National Association of State Election Directors (NASED) and the National Association of Secretaries of State (NASS) to determine and meet the needs of election offices as it pertains to the spread of election misinformation and disinformation.

Within the vein of collaborative efforts, I also encourage CISA to work closely with all relevant parties, including academics and researchers, state and local officials, and private sector entities (such as technology companies and social media platforms) in an effort to increase information sharing. I strongly encourage the agency to again coordinate efforts with platforms to combat election disinformation. In an election cycle where threats persistently grow but some platforms are dedicating fewer resources towards election integrity and content moderation efforts,  this presents an opportune moment to ramp up such collaborations. CISA would play an invaluable role facilitating communication between election offices and platforms, empowering both to better combat the dissemination of deceptive and misleading information.

Finally, although AI alone has not changed the threat landscape observed in previous elections, it has supercharged the threats and adjusted the risk calculus. CISA should likewise adjust with this change in risk to ensure that election offices and the public have the necessary protections in place to remain resilient against AI-enhanced threats.

Thank you in advance for your prompt attention to this important issue. It is my hope that we can work together to safeguard our democracy against misinformation and disinformation. 

Sincerely,

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) pressed Discord, an instant messaging social platform, about the company’s failure to safeguard minors and stop the proliferation of violent predatory groups who target children with the goal of forcing them to end their own lives and livestream the act online.

This letter follows a September warning from the FBI alerting Americans to the existence of these violent online groups, which exist on messaging platforms and deliberately extort children into producing child sexual abuse material (CSAM) or sharing acts of self-harm online. According to the warning, issued by the FBI’s Internet Crime Complaint Center, these groups target minors between the ages of 8 and 17 years old and focus on racial and ethnic minorities, LGBTQ+ youth, and those who struggle with a variety of mental health issues. 

“I am extremely concerned about this abuse, and I am profoundly saddened that it has affected Virginia families, including the daughter of a military family who was coerced into self-harm and to attempt suicide,” Sen. Warner wrote. “I recognize that Discord’s Trust & Safety team is aware of this type of activity and has taken some actions to detect and remove some of these violent groups from their platforms. However, despite increased moderation, predators continue to target minors on your platform.”

“As a teenager, I fell victim to the cruel manipulation of violent predatory groups on Discord. During a period in my life where I struggled with anxiety, depression, and eating disorders, they took advantage of my feelings of isolation, and encouraged me to self-harm and even end my life.  While I’m deeply grateful to have escaped their abuse, I’m heartbroken to know that this violent, dangerous behavior persists on Discord,” said Abrielle, the Virginia teenager who was coerced by “King” into attempting suicide before being found by first responders in time to save her life. “Enough is enough – tech companies need to do more to crack down on the predatory groups that nearly took my life. Discord owes it to a generation of kids and teens to eliminate the extremely harmful content that abounds on their platforms.”

Sen. Warner continued, “I urge you to devote more resources to this problem, including dedicating a greater number of content moderators, investigators, engineers, and legal professionals to it. It is my understanding that Discord currently enforces its policies through actions like suspending policy-violating users’ accounts and servers, as well as banning their Internet Protocol (IP) addresses and email addresses. I also understand that there are far more sophisticated measures, such as device-based or cookie-based bans, that could be taken to prevent identified malign users from returning to your platform. Further, I am aware of measures that could be used to proactively detect harmful activity and initiate an early intervention to prevent harm and loss of life.”

In the letter, Sen. Warner demands answers to a series of questions about the company’s efforts to address these predatory groups. Specifically, he asks that Discord outline its policies and procedures around content that violates Discord’s Terms of Service, and that it share more information on its detection mechanisms, enforcement actions, measures to prevent the re-entry of malicious actors, and more. He also requests answers on the number of accounts that have been removed over the last four years, and the quantity of suicide ideation or depiction content. 

Today’s letter also follows recommendations issued in July by the Biden-Harris Administration’s Kids Online Health and Safety Task Force to address the online health and safety for children and youth, with specific recommendations made to industry. It also comes on the heels of the Senate passage of the Kids Online Safety Act (“KOSA”) and the Children and Teens' Online Privacy Protection Act (“COPPA 2.0”), which will require online platforms to take specific measures to protect the safety and privacy of children using their platforms. 

A copy of the letter is available here and below. 

Dear Mr. Citron:

I write today regarding disturbing reports that Discord is being used by violent predatory groups to coerce children into self-harm. The failure of your company to stop this activity is deeply troubling, and the lack of adequate safeguards to protect vulnerable individuals, especially teens and children, from this degrading and violent form of abuse is of grave concern. I urge you to quickly take steps to remove malicious actors from your platform, prevent their future access, and collaborate with law enforcement officials to bring safety and justice to the victims.

On September 12, 2023, the FBI’s Internet Crime Complaint Center (IC3) issued a warning to the public that violent online groups are deliberately targeting minor victims on messaging platforms to extort them into recording or live-streaming acts of self-harm and producing child sexual abuse material (CSAM). IC3 noted that these groups are targeting minors between the ages of 8 and 17 years old, especially LGBTQ+ youth, racial and ethnic minorities, and those who struggle with a variety of mental health issues. The warning further noted that these groups often control their victims through inflicting extreme fear, extorting them through threats of sharing sexually explicit videos or photos of the minor victims with their friends and families, and many have an end-goal of forcing these minors into completing suicide on live-stream to view and record for their own entertainment or sense of fame.

I am extremely concerned about this abuse, and I am profoundly saddened that it has affected Virginia families, including the daughter of a military family who was coerced into self-harm and to attempt suicide. The severe harm that the family’s daughter faced from a predatory user going by the name “King” closely mirrored a story published in the Washington Post. This report detailed how one of these violent online groups misused your platform, engaging in pervasive harassing conduct that resulted in the deaths of several minors. It further described how Discord’s Trust & Safety team has struggled to keep this specific group off the platform despite knowing of its existence. “King” ultimately coerced the Virginia minor into attempting suicide. Fortunately, first responders were able to reach her in time to save her life.

I recognize that Discord’s Trust & Safety team is aware of this type of activity and has taken some actions to detect and remove some of these violent groups from their platforms. However, despite increased moderation, predators continue to target minors on your platform. I urge you to devote more resources to this problem, including dedicating a greater number of content moderators, investigators, engineers, and legal professionals to it. It is my understanding that Discord currently enforces its policies through actions like suspending policy-violating users’ accounts and servers, as well as banning their Internet Protocol (IP) addresses and email addresses. I also understand that there are far more sophisticated measures, such as device-based or cookie-based bans, that could be taken to prevent identified malign users from returning to your platform. Further, I am aware of measures that could be used to proactively detect harmful activity and initiate an early intervention to prevent harm and loss of life.

On July 22, 2024, the Biden-Harris Administration’s Kids Online Health and Safety Task Force issued a report providing guidance to address the online health and safety for children and youth with specific recommendations made to industry. Several recommendations that address the harm detailed in this letter were made; including developing and deploying mechanisms and strategies to counter child sexual exploitation and abuse, using data-driven methods to detect and prevent online harassment and abuse, and providing age-appropriate parental control tools. The findings and recommendations of this task force underscore the need for platforms like Discord to act on the self-harm extortion of minors. I urge Discord to review the detailed recommendations made in the report and to take them seriously.

I respectfully request that you respond to this letter with detailed answers to the following questions:

1. What processes, procedures, plans, or other organizational policies are in place to identify, review, and remove content involving activity that violates Discord’s Terms of Service and other user agreements with respect to harassing, manipulative, abusive, harmful, or dangerous user activity? Your response should address content and behavior relating to coerced self-harm, to grooming, to CSAM production, to user-to-user extortion of a sexual and of a non-sexual nature, to physical, mental, or sexual abuse, and any other category of behavior that is responsive to this question (e.g. animal cruelty extortion and abuse).

2. What enforcement actions may Discord utilize in response to the harmful activities noted in Question 1? How were these enforcement action options developed, and how does Discord determine the appropriate enforcement action for a given violation? 
1. How many violations and of what type (grooming, sharing of CSAM, extortion, etc.) are identified before each enforcement action is made?
2. For a given enforcement action, what is the lowest employee position of authority (e.g. manager, director, vice president, etc.) at which that given action may be approved and carried out? Is there a process for internally reviewing and redetermining a given enforcement action? If so, please describe that process.

3. What types of detection mechanisms (e.g. technical indicators, content, behavior, social network, server membership composition, etc.) does Discord employ for activities noted in Question 1? Does Discord utilize machine learning technologies for detecting violations of company policy?
1. Does Discord employ user identification methods, including device-specific or cookie-based detection methods, that enables identification of returning violators who take simple evasive measures like changing their username, email address, and IP address?
2. Please describe policies, processes, or procedures used by Discord to ensure that violators are consistently tracked and information is shared across the security and trust and safety officials.
3. What is the mean time to detection (from content creation to identification by Discord’s detection tools) for this activity?

4. Once Discord has removed a violating account or server, does Discord collect and store technical indicators to detect the return of the malicious actor(s) and creator of the server?
1. What is the mean time to live (from account creation to account suspension) for the accounts engaging in this activity? What about the servers?

5. How many accounts have been removed over the last four years (provide a breakdown by year for each violation category that resulted in account removal of activities noted in Question 1?
1. How many of these removed accounts were initially identified via a reporting mechanism vs. a detection mechanism?
2. How many accounts in total were flagged for removal by a detection mechanism? For those accounts flagged by that mechanism, describe the review process for determining if the account violates policy.

6. How many unique images or videos have been shared in these servers depicting or ideating suicide or that could be reasonably interpreted as depicting or ideating suicide?

7. Have you identified activities of the types noted in Question 1 from a user going by the name of “King” (or any successor, related, or otherwise affiliated account or accounts) and what actions has Discord carried out in order to prevent ongoing and future malicious activity from this user?

8. Please describe any actions, communications, or deliberations that Discord has taken with respect to the violent groups identified in the September 2023 FBI warning: 676; 764; CVLT; Court; Kaskar; Harm Nation; Leak Society; and H3ll?

Thank you for your prompt attention to this letter, and I look forward to reviewing your response.

Sincerely,

###

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) wrote to Department of Health and Human Services (HHS) Secretary Xavier Becerra and Deputy National Security Advisor Anne Neuberger to quickly develop and release mandatory minimum cyber standards for the health care sector. This letter comes as cyberattackers continue to exploit vulnerabilities in many current systems.

“I write today to urge you to prioritize the development of mandatory minimum cyber standards and to propose them as soon as possible, given the increasing severity, frequency, and sophistication of cybersecurity threats and attacks. Health care is one of the largest sectors in the U.S. economy, with health expenditures accounting for 17 percent of the United States’ gross domestic product in 2022, and expected to grow to nearly 20 percent by 2032. More important than the economic risks cyberattacks pose to the health care sector are the vulnerabilities to patients’ access to care and private health information. Simply put, inadequate cybersecurity practices put people’s lives at risk,” Sen. Warner wrote. 

This letter comes months after a major cybersecurity incident at Change Healthcare affected billing and care authorization portals and led to prescription backlogs and missed revenue for providers. This attack, and other similar attempts, pose a serious risk not only to regular business operations, but also to patient care. In his letter, Sen. Warner highlighted that without basic security measures, these attacks are relatively easy to carry out and will happen with more frequency.  

Sen. Warner continued, “Due to some entities failing to implement basic cybersecurity best practices, such as the lack of multi-factor authentication resulting in the successful attack on Change Healthcare, the capability required of a threat actor to carry out an operation in the sector can be quite low.”

Sen. Warner has been a leader in the cybersecurity realm throughout his time in the Senate, crafting numerous pieces of legislation aimed at addressing these threats facing our nation. Recognizing that cybersecurity is an increasingly complex issue that affects the health, economic prosperity, national security, and democratic institutions of the United States, Sen. Warner cofounded the bipartisan Senate Cybersecurity Caucus in 2016.  A year later, in 2017, he authored the Internet of Things (IoT) Cybersecurity Improvement Act. This legislation, signed into law by President Donald Trump in December 2020, requires that any IoT device purchased with federal funds meet minimum security standards. 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. This legislation was signed into law by President Joe Biden as part of the Consolidated Appropriations Act in March 2022.

Sen. Warner has also examined cybersecurity in the health care sector specifically. In 2022, Sen. Warner authored “Cybersecurity is Patient Safety,” a policy options paper, outlining current cybersecurity threats facing health care providers and systems and offering for discussion a series of policy solutions to improve cybersecurity across the industry.  Since publishing, Sen. Warner has launched the Health Care Cybersecurity Working Group with a bipartisan group of colleagues to examine and propose potential legislative solutions to strengthen cybersecurity in the health care and public health sector.

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

Dear Secretary Becerra and Ms. Neuberger:

Thank you for your continued commitment to improving cybersecurity in America’s health care system. I write today to urge you to prioritize the development of mandatory minimum cyber standards and to propose them as soon as possible, given the increasing severity, frequency, and sophistication of cybersecurity threats and attacks. Health care is one of the largest sectors in the U.S. economy, with health expenditures accounting for 17 percent of the United States’ gross domestic product in 2022, and expected to grow to nearly 20 percent by 2032. More important than the economic risks cyberattacks pose to the health care sector are the vulnerabilities to patients’ access to care and private health information. Simply put, inadequate cybersecurity practices put people’s lives at risk.

Financially-motivated threat actors realize that the sector has both highly valuable data in its possession and also faces tremendous pressure to respond quickly to a ransomware demand. Health records are more valuable than credit card records on the dark market and disruptions to operations of health care providers have direct impact on the life and well-being of their patients. Due to some entities failing to implement basic cybersecurity best practices, such as the lack of multi-factor authentication resulting in the successful attack on Change Healthcare, the capability required of a threat actor to carry out an operation in the sector can be quite low.

Further, both the size and increasingly interconnected nature of the sector create a vulnerable attack surface. Not only do attacks against the sector often result in the loss of highly personal and sensitive data, those attacks have also affected the ability of providers to maintain the availability and quality of their care. We have seen devastating incidents, including the recent cyberattack on Change Healthcare, that ultimately took down the ability of providers to pay their workers and prevented pharmacists from looking up patient insurance and co-pay information. The recent cyberattack on the nationwide provider, Ascension, has also resulted in delays in care. And we have a growing body of evidence that clearly demonstrates that cybersecurity is, above all else, a patient safety issue.

The health care sector must be fully engaged in developing, implementing, and maintaining a coherent and effective cybersecurity regime; accepting cyberattacks due to lack of preparedness cannot and should not be a cost of doing business. The stakes are too high, and the voluntary nature of the status quo is not working, especially regarding health care stakeholders that are systemically important nationally or regionally. Mandatory minimum cyber standards would ensure that all health care stakeholders prioritize cybersecurity in their work. 

Policymakers, cybersecurity professionals, and patients alike have long been raising the alarm that the voluntary nature of cybersecurity in health care is insufficient and dangerous. It’s critical that the Administration expeditiously act to create mandatory, enforceable policies in the health care sector.

Sincerely,

###  

WASHINGTON – Following significant problems with the rollout of the new Free Application for Federal Student Aid (FAFSA) this year, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) are urging the Department of Education Office of Inspector General (OIG) to issue a quick review of problems with the form’s rollout and provide a course for corrective action. This move by Sens. Warner and Kaine comes as incoming high school seniors across the country prepare to fill out the FAFSA form as part of the college application process that typically begins in the late summer and early fall.

The Government Accountability Office (GAO) is currently investigating a broader and full-scale review of the 2024-2025 FAFSA rollout. While GAO and the IG are working together on this review, it is on a longer timeline and likely will not be complete when the FAFSA reopens this fall. The faster “management alert” review being requested by the Senators would focus on the immediate problems that need to be resolved ahead of relaunching the application.

In highlighting the need for a faster review to address urgent problems ahead of next school year, the Senators pointed to the cost that these problems had on students.

“In particular, issues with the form leading to long periods of uncertainty have had a major ripple effect on students and colleges alike,” the Senators wrote. “Students experienced delayed access to the application, technical glitches impacting timely submission, and processing errors. As a result of these setbacks, higher education institutions received student financial data months later than expected, causing slowdowns in the process of providing prospective students with complete financial aid packages ahead of college enrollment deadlines. Many colleges and universities pushed their enrollment deadlines, leading to fragmentation in the college decision timeline.”

And while significant progress has been made to address these issues, the Senators highlighted that lingering issues are still plaguing many who rely on financial aid to make their college decision.

They continued, “And, while most problems have been fully resolved or provided temporary fixes, we remain concerned about continuing challenges, including that students from a mixed immigration status family and whose contributors do not have a Social Security Number are still unable to successfully submit the FAFSA form. Such FAFSA hurdles particularly impact individuals who need financial aid the most, including low-income, first-generation, and traditionally underserved students. For many of these students, the biggest consideration in committing to a college is deciding how to finance it.”

In their letter the Senators also specifically asked that the OIG, in working with GAO, ensure that the broader FAFSA review includes a full assessment of the following:

• A detailed chronology of the development, implementation, and management of the form;
• Contributing factors to the form delay, technical malfunctions and backend complications, formula miscalculations, data and processing errors, and other issues;
• The role of contractors in the launch of the FAFSA form;
• The Department’s oversight, performance standards, and review of contractors;
• The Department’s communication and information sharing with impacted communities, including students and higher education institutions;
• The impact of funding and other competing priorities on implementation;
• The deadline for implementation, which was pushed from July 1, 2023 to July, 1, 2024;[10]
• Potential challenges that the Department will need to anticipate ahead of the coming academic year and beyond; and
• Recommendations for corrective action.

This letter comes after Sen. Warner met with Virginia students to discuss the problems with this year’s rollout of the new FAFSA form and hear how the botched process impacted their college decision process. Earlier this year, the Senators also pushed the Department of Education to quickly address the problems for current students.

A copy of the letter is available here and below:

Dear Inspector General Bruce:

We write to you regarding the launch of the new Free Application for Federal Student Aid (FAFSA), which was unveiled on December 31, 2023. In 2020, Congress passed the FAFSA Simplification Act1 , intending to streamline and demystify the federal financial aid process, redesign the FAFSA, and increase access to grants, student loans, and work-study opportunities. 

The “Better FAFSA” form impressively simplified the federal financial aid application from over 100 questions to as few as 18, allowing many students to retrieve income data directly from the Internal Revenue Service and apply for aid in less than thirty minutes. According to the Department of Education, the updated student aid determination formula, as part of the FAFSA Simplification Act, is expected to provide an additional 665,000 students from low-income backgrounds with access to federal grants and more than 1.7 million students with the maximum grant amount. This includes 16,626 Virginia students who will have new access to the Pell Grant and an additional 37,916 Virginians who will go from partial Pell Grant funding to full, expanding affordability and paving paths towards higher education.

Despite this progress, we are disappointed to report that we have heard from countless students, parents, educators, high school counselors, financial aid administrators, and higher education institutions sharing their experiences and expressing great worry with the implications of the 2024-2025 FAFSA rollout.

In particular, issues with the form leading to long periods of uncertainty have had a major ripple effect on students and colleges alike. Students experienced delayed access to the application, technical glitches impacting timely submission, and processing errors. As a result of these setbacks, higher education institutions received student financial data months later than expected, causing slowdowns in the process of providing prospective students with complete financial aid packages ahead of college enrollment deadlines. Many colleges and universities pushed their enrollment deadlines, leading to fragmentation in the college decision timeline.

We welcomed the Department’s efforts over the last few months to provide workarounds to some of aforementioned issues and new steps to support schools and students,6 which has resulted in the successful submission of 8.95 million forms.7 However, the FAFSA impediments and other persisting obstacles have, unfortunately, left prospective students with inadequate time to consider financial aid packages prior to college decision day. In some cases, students have had to commit to a school without a complete understanding of their aid or forgo enrolling in school altogether – the exact opposite of what the new form was intended to achieve.

And, while most problems have been fully resolved or provided temporary fixes, we remain concerned about continuing challenges, including that students from a mixed immigration status family and whose contributors do not have a Social Security Number are still unable to successfully submit the FAFSA form. Such FAFSA hurdles particularly impact individuals who need financial aid the most, including low-income, first-generation, and traditionally underserved students. For many of these students, the biggest consideration in committing to a college is deciding how to finance it.

Further, recent data demonstrates that current national and state-level FAFSA completion rates are lower than last year. According to the National College Attainment Network, as of May 17, only 41.5% of the high school class of 2024 completed the FAFSA – a 15.5% drop from the previous class.8 We are greatly concerned that, as a result of FAFSA related issues and the continuation of such issues, more students will consider opting out of pursuing higher education in the coming years.

We recognize that the Department of Education, and in particular, the Office of Federal Student Aid, was under a difficult implementation timeline while managing limited funding and resources for an extensive financial aid portfolio. We also want to highlight that the contractors responsible for overseeing the implementation played a leading role in the deployment of the form and ensuing complications.

As such, we express great concern with the deployment of the 2024-2025 FAFSA form and the potential consequences it will have on students seeking federal financial aid and pursuing higher education in the fall and the academic years after. We also are concerned about the potential for continued disruptions for the 2025-2026 FAFSA. That is why, we respectfully request that the Office of the Inspector General review and assess the development, implementation, and management of the “Better FAFSA” and swiftly provide direction for corrective action to ensure a smooth and uninterrupted application process for the upcoming academic year and beyond.

We are cognizant of the existing investigations currently open by the Government Accountability Office (GAO). We ask the Office of the Investigative General (OIG) work to ensure that both entities are working in coordination and that investigative efforts are not duplicative. We also understand that GAO investigations operate on a long-term scale and that the current issues regarding the 2024-2025 FAFSA are time sensitive because of the expected to roll out on October 1, 2024. Notwithstanding the GAO investigations, we ask that the OIG consider issuing a separate “management alert” that identifies that current issues with the FAFSA form, potential issues that may arise ahead of October 1, and recommendations to ensure a smooth application period.

Additionally, we ask that your larger and full review of the “Better FAFSA” form and the implementation of the FAFSA Simplification Act include, along with any other topics you find appropriate, include a full assessment of the following:

• A detailed chronology of the development, implementation, and management of the form;
• Contributing factors to the form delay, technical malfunctions and backend complications, formula miscalculations, data and processing errors, and other issues;
• The role of contractors in the launch of the FAFSA form;
• The Department’s oversight, performance standards, and review of contractors;
• The Department’s communication and information sharing with impacted communities, including students and higher education institutions;
• The impact of funding and other competing priorities on implementation;
• The deadline for implementation, which was pushed from July 1, 2023 to July, 1, 2024;[10]
• Potential challenges that the Department will need to anticipate ahead of the coming academic year and beyond; and
• Recommendations for corrective action.

The FAFSA form is a gateway to college accessibility and affordability and through this review and recommendations for improvement, we aim to ensure that doors to postsecondary institutions remain open to interested students.

We appreciate your prompt attention to this request.

Sincerely,

###

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence and co-chair of the Senate Cybersecurity Caucus, wrote to the U.S. Copyright Office in support of expanding the existing good-faith research exemption within the Digital Millennium Copyright Act (DMCA).

Every three years, the DMCA goes through a rulemaking process to authorize exemptions that allow individuals and researchers to circumvent technical protection measures on copyrighted material without risking liability. This year, Artificial Intelligence (AI) researchers have petitioned for a new exemption relating to “Security Research Pertaining to Generative AI Bias.” Sen. Warner, who has led the charge in the Senate to explore the capabilities of AI technology while simultaneously advocating for reasonable guardrails around its usage, argues that expanding the current good-faith research exemption to cover research that falls outside of traditional security concerns, such as bias and other harmful outputs, is the best way to ensure safe and equitable AI while enabling its continued innovation, public trust, and adoption.

Sen. Warner wrote, “Due to the difficulty in understanding the full range of behaviors in AI systems - particularly as models are introduced in contexts that diverge from their intended use - the scope of good-faith research has expanded to the identification of safety flaws caused by misaligned AI systems, as well as research into how AI systems can reflect and reproduce socially and economically harmful biases…it is crucial that we allow researchers to test systems in ways that demonstrate how malfunctions, misuse, and misoperation may lead to an increased risk of physical or psychological harm.”

He continued, “At the same time, as the Department of Justice letter emphasized, a hallmark of the research exemption has been the good faith of security researchers. In the absence of regulation, many AI firms have voluntarily adopted measures to address abuse, security, and deception risks posed by their products. Given the growing use of generative AI systems for fraud, non-consensual intimate image generation, and other harmful and deceptive activity, measures such as watermarks and content credentials represent especially important consumer protection safeguards. While independent research can meaningfully improve the robustness of these kinds of authenticity and provenance measures, it is vital that the Copyright Office ensure that expansion of the exemption does not immunize research that intends to undermine these vital measures; absent very clear indicia of good faith, efforts that undermine provenance technology should not be entitled to the expanded exemption.”

This is the latest step in Sen. Warner’s efforts to reign in big tech and better understand the impacts of rapidly expanding usage of AI. Earlier this month, he introduced the Secure Artificial Intelligence Act of 2024, legislation to improve the tracking and processing of security and safety incidents and risks associated with Artificial Intelligence (AI).

A copy of the letter is available here and below: 

Dear Ms. Perlmutter,

I write today in response to the petition submitted to your office that proposes a new exemption for “Security Research Pertaining to Generative AI Bias” as part of the Copyright Office’s ninth triennial rulemaking proceeding under the Digital Millennium Copyright Act (DMCA). I understand a number of stakeholders have submitted public comments to weigh in on this petition, including a letter from the Department of Justice. Ultimately, I urge the Copyright Office to consider expanding the existing good-faith security research exemption to cover both security and safety flaws or vulnerabilities, where safety includes bias and other harmful outputs.

As the leader of bipartisan legislation to improve the security of AI systems and the Co-Chair of the Senate Cybersecurity Caucus, I recognize the importance of independent security research. The existing DMCA exemption for good-faith security researchers plays a critical role in empowering a robust security research ecosystem that identifies vulnerabilities and risks to systems around the world, facilitating their remediation, and preventing future exploitation by threat actors that could lead to incidents. We must continue to promote this important work and understand that, although AI is software at its core, the non-deterministic nature of AI systems means that security vulnerabilities are no longer the only type of flaw that can be introduced and enable misuse. As the AI Risk Management Framework, developed by the National Institute of Standards and Technology (NIST), emphasizes, AI risks differ from traditional software risks in key ways - including increased opacity and barriers to reproducibility, complex and non-deterministic system dependencies, more nascent testing and evaluation frameworks and controls, and a “higher degree of difficulty in predicting failure modes” for so-called “emergent properties” of AI systems.

Due to the difficulty in understanding the full range of behaviors in AI systems - particularly as models are introduced in contexts that diverge from their intended use - the scope of good-faith research has expanded to the identification of safety flaws caused by misaligned AI systems, as well as research into how AI systems can reflect and reproduce socially and economically harmful biases. This research into bias and other harmful outputs is essential to ensuring public safety and equity while enabling continued innovation, public trust, and adoption of AI. Therefore, it is crucial that we allow researchers to test systems in ways that demonstrate how malfunctions, misuse, and misoperation may lead to an increased risk of physical or psychological harm.

At the same time, as the Department of Justice letter emphasized, a hallmark of the research exemption has been the good faith of security researchers. In the absence of regulation, many AI firms have voluntarily adopted measures to address abuse, security, and deception risks posed by their products. Given the growing use of generative AI systems for fraud, non-consensual intimate image generation, and other harmful and deceptive activity, measures such as watermarks and content credentials represent especially important consumer protection safeguards. While independent research can meaningfully improve the robustness of these kinds of authenticity and provenance measures, it is vital that the Copyright Office ensure that expansion of the exemption does not immunize research that intends to undermine these vital measures; absent very clear indicia of good faith, efforts that undermine provenance technology should not be entitled to the expanded exemption.

The existing exemption has been an important contributor to the multistakeholder effort to improve information security by enabling the “good-faith testing, investigation, and/or correction of a security flaw or vulnerability” in computer programs.  As you review the public comments on this new petition, I urge you to consider expanding the good-faith security research definition to include both security and safety flaws or vulnerabilities, where safety includes bias and other harmful outputs. In considering this expansion, I urge the Copyright Office to continue to bind the exemption to research that is conducted in a safe environment, primarily to enhance the security or safety of computer programs, without facilitating copyright infringement.  Further, I encourage careful consideration of the exemption’s application to any research on technical measures that protect the authenticity or provenance of content from generative AI models.

              Sincerely,

###

WASHINGTON— Today, U.S. Sens. Mark R. Warner and Tim Kaine announced their intention to object to a plan to fast track a short-term extension of the Federal Aviation Administration (FAA) Reauthorization Act until there is a commitment that there will be a vote on their amendment to eliminate a dangerous provision in the proposed long-term FAA reauthorization bill that would add five incoming and five outgoing flights at Ronald Reagan Washington National Airport (DCA). The proposed one-week extension would allow Senate leadership to run out the procedural clock on consideration of the FAA bill without allowing a vote on any amendments.

“Last month’s near miss at DCA is a flashing red warning light that this airport is overburdened and that cramming more flights onto the busiest runway in America is a terrible idea. But now, the same senators who crafted a provision in the FAA bill to do just that, behind closed doors and against the advice of all four capital region senators, are asking us to smooth a procedural path to the finish line for that bill without a promise to bring our amendment—or any amendment—up for a vote. We can’t in good conscience greenlight that plan until we have a commitment that there will be an opportunity to put our amendment to a vote, and to persuade our colleagues to prioritize the safety of millions of passengers over a few senators’ desire for a direct flight home.”

Kaine spoke on the Senate floor yesterday about the need to remove the additional flights in the FAA reauthorization.

The additional ten flights at DCA would risk passenger safety and increase delays by 725 minutes per day, leading to a total of 12,734 minutes of overall daily delay at the airport. DCA’s main runway is the busiest in the country with nearly 25 million passengers every year and is operating at near peak capacity. In April, two aircraft narrowly avoided a crash on the runway.

Warner and Kaine have repeatedly sounded the alarm about the addition of flights at DCA and opposed changes to the slot and perimeter rules, which govern the number and distance of flights that can safely operate out of the airport. Last week, Kaine spoke on the Senate floor to urge his colleagues to strike the additional DCA flights from the FAA reauthorization bill. Also last week, the senators sent a letter to their Senate colleagues expressing concern over this provision in the FAA reauthorization.

###

WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine, a member of the Senate Armed Services Committee, joined a group of Senate colleagues to urge the Department of Veterans Affairs (VA) to prioritize mental and physical health care resources for women veterans who experienced sexual trauma during their service. In a letter to the VA Secretary Denis R. McDonough, the senators urged the VA to remove unnecessary barriers to sexual assault resources and programming, including by increasing the utilization of existing Women Veterans Call Centers, training all health care staff to be well-versed in trauma-informed care, and expanding telehealth options.

An estimated 33% of women veterans experience Military Sexual Trauma (MST), a term used by the VA to refer to sexual assault or harassment that occurs during military service. These veterans are at an increased risk of developing a substance use disorder or experiencing suicidal ideations compared to veterans who do not have a history of MST.

“While the VA has made many improvements over the years, we are concerned that women veterans, specifically those who have experienced Military Sexual Trauma (MST), continue to face barriers to care,” the senators wrote. “While we commend the VA for providing free counseling and evidence-based treatment for women with MST, these services are clearly under-utilized, as only approximately half of female veterans with an MST history use VA healthcare.”

The senators continued, “Once enrolled in VA care, many women veterans with MST report needing to justify and explain their request for treatment to their provider. This experience causes undue stress and places an unnecessary burden on the veteran. To reduce the stigma of seeking care for MST, the VA must educate all providers about the high prevalence and complexities of MST. Staff at all levels of care should be well-versed in trauma-informed care, recognize the signs and symptoms of PTSD and MST, and understand how that impacts trust. This is especially important for women who report MST to military legal officials but experience significant secondary victimization, which often impairs later help-seeking in VA facilities.”

As a member of the Senate Armed Services Committee, Kaine is dedicated to supporting and expanding benefits for our veterans and servicemembers. To improve the care that women veterans receive and address gender disparities at the VA, Kaine introduced, alongside Senators Jon Tester (D-MT) and John Boozman (R-AR), the Deborah Sampson Act. This legislation ensures that women veterans get equitable care and was signed into law in 2021. Kaine has also cosponsored the Vet Center Support Act to provide better identification, intervention, and care to veterans coping with mental health issues in underserved areas.

The letter was led by U.S. Senators Angus King (I-ME) and Patty Murray (D-WA) and signed by 30 senators in addition to Warner and Kaine.

The letter can be found below.

###

Dear Secretary McDonough,

Thank you for your hard work and dedication to our nation and its veterans. While the VA has made many improvements over the years, we are concerned that women veterans, specifically those who have experienced Military Sexual Trauma (MST), continue to face barriers to care. Healthcare access for women veterans is a growing area of importance, as women veterans are expected to comprise 18% of the veteran community by 2040. To address this, the VA must increase engagement with women veterans and build trust by enforcing accountability. ¹

About one in three women veterans have experienced MST during their service in the military.² Veterans who have experienced MST may face difficulties with interpersonal relationships, have an increased risk of developing substance use disorder.³ These issues can significantly impact the veteran’s quality of life, make it difficult to successfully transition into civilian life, and increase their risk of suicide. In fact, a recent VA report found that suicide rates among women veterans jumped over 24 percent between 2020 and 2021.⁴ Women veterans with histories of MST, in particular, are at a 65 percent increased risk of suicidal ideations compared with women who have not.⁵

While we commend the VA for providing free counseling and evidence-based treatment for women with MST, these services are clearly under-utilized, as only approximately half of female veterans with an MST history use VA healthcare.⁶ To inform these women of their VA benefits, the VA should consider employing the Women Veterans Call Center (WVCC) to conduct additional outreach tailored to women veterans with MST. Specifically, the VA should look to inform veterans about Vet Centers, which provide essential services regardless of the nature of their discharge.⁷

Once enrolled in VA care, many women veterans with MST report needing to justify and explain their request for treatment to their provider. This experience causes undue stress and places an unnecessary burden on the veteran. To reduce the stigma of seeking care for MST, the VA must educate all providers about the high prevalence and complexities of MST. Staff at all levels of care should be well-versed in trauma-informed care, recognize the signs and symptoms of PTSD and MST, and understand how that impacts trust. This is especially important for women who report MST to military legal officials but experience significant secondary victimization, which often impairs later help-seeking in VA facilities.⁸

The environment in which veterans receive MST care may trigger post-traumatic stress symptoms.⁹ A large percentage of these women veterans anticipate harassment or associate harassment with VA facilities.¹⁰ Female-only waiting rooms for privacy, expanded VA telemedicine capabilities, and additional programming at Vet Centers for women would all work to create a more inclusive environment for women veterans.

Women veterans who have experienced MST already endure so many hardships – let’s work to eliminate any barriers to VA care so they can access the high-quality care that they deserve.

We ask that you answer the following questions:

1. What is the VA doing to reduce social stigmas that prevent veterans from accessing MST treatment?
2. Are women veterans who are ineligible for care at a VAMC informed of their eligibility for treatment at a Vet Center? If so, how are they informed?
3. What research is the VA currently conducting or planning to conduct to understand and prevent women veteran suicide, especially amongst younger and older veterans?
4. What additional resources and care are provided to women veterans who respond “yes” when being screened for MST?
5. Since launching the “Don’t Wait. Reach Out.” campaign in 2021, how many of the 2.8 million veterans who were made aware of the campaign and reached out for help were women?Sincerely,

###