WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) took to the Senate floor today to highlight a number of Virginians with preexisting conditions who will be affected if the Senate neglects to overturn a Trump Administration waiver rule that destabilizes our health insurance market, weakens protections for Americans with preexisting conditions, and increases costs for millions Americans with quality health plans.

Today’s floor speech comes in advance of a move by Sen. Warner, who will use a legislative maneuver to force an up-or-down vote in the Senate next week, putting every Senator on the record as to whether they stand with Americans with preexisting conditions, or with the Trump Administration in its effort to undermine our nation’s health care system.

“For the last three years, this President has used every tool at his disposal to try to undermine the ACA. He tried to repeal it twice through Congress. When that failed, the Administration joined a lawsuit that would strike down the ACA with no plan to replace it. The truth is, this Administration is unfortunately actively working to destabilize the insurance market,” Sen. Warner said on the Senate floor. “One way the Administration is attempting to undermine the ACA is with these so-called “short-term” plans. Thanks to this administration, these “junk” plans allow insurance companies to once again discriminate against Americans with preexisting conditions. Make no mistake: these plans are a threat to the stability of the insurance market and to every American with a preexisting condition.”

“Madam President, I fear some members of this body have forgotten what it was like before the Affordable Care Act when an unexpected surgery or a diagnosis of a chronic illness could mean a one-way ticket out of the middle class. Unfortunately, this is not a hypothetical. Recently one of my constituents, a man named Jesse, received a $230,000 medical bill for his back surgery. Unbeknownst to him he had purchased a plan that he thought would cover this, but this plan was unfortunately a junk plan that considered his back injury as a preexisting condition,” he continued. “Jesse is one of the more than 3 million Virginians with a preexisting medical condition. I’ve got 3 daughters. Two of my three daughters have preexisting medical conditions that would not be covered under these junk plans. And today I want to share some of those stories to remind my colleagues of what real people will face if we allow this Administration to continue dismantling these protections that folks count on.”

In his floor speech, Sen. Warner shared several stories from Linda in Warren County; Mindy in Henrico; Sharon in Norfolk; Justine in Loudoun County; Katherine in Blacksburg; Michael in Abingdon; James in Danville; and Lynn in Lynchburg.

In July, Sen. Warner led the entire Democratic caucus in introducing the Protect Pre Existing Conditions Congressional Review Act (CRA) resolution, which, if approved, would roll back a Trump Administration waiver rule that undermines our nation’s health care law and threatens protections for Americans with preexisting conditions. Last month, Sen. Warner successfully filed a discharge petition to bring the CRA resolution to the floor for a vote.  

The Trump Administration’s waiver rule currently gives states the green light to use taxpayer dollars to push “junk plans” – bare-bones plans that don’t meet federal consumer protections and therefore raise premiums for quality insurance plans, increasing costs for older Americans and people with preexisting conditions who need comprehensive coverage. Additionally, under these junk plans, insurance companies can charge people more if they have a preexisting condition, or refuse to cover specific benefits or deny them coverage altogether.

Congressional Review Act resolutions exercise Congress’ authority to review and overturn rules implemented by the executive branch. Unlike other legislation on the Senate floor, a Congressional Review Act resolution only needs a simple majority to pass and can be brought to the Senate floor for a vote with 30 signatures.

Sen. Warner’s remarks as prepared for delivery can be found below:

Madam President, I’m here today because protections for Americans with preexisting medical conditions are under attack from this administration.

For the last three years, this President has used every tool at his disposal to try to undermine the ACA. He tried to repeal it twice through Congress. When that failed, the administration joined a lawsuit that would strike down the ACA — with no plan to replace it.

The truth is, this administration is actively working to destabilize the insurance market.

One way the administration is attempting to undermine the ACA is with these so-called “short-term” plans. Thanks to this administration, these “junk” plans allow insurance companies to once again discriminate against Americans with preexisting conditions.  

Make no mistake: these plans are a threat to the stability of the insurance market and to every American with a preexisting condition.

That’s why I’ve introduced a resolution that will force an up-or-down vote on the administration’s rule that pushes more of these junk plans on unsuspecting consumers and significantly increases costs for other Americans.

Madam President, I fear some members of this body have forgotten what it was like before the Affordable Care Act when an unexpected surgery or a diagnosis of a chronic illness could mean a one-way ticket out of the middle class.

Unfortunately, this is not a hypothetical. Recently one of my constituents a man named Jesse received a $230,000 medical bill for his back surgery. Unbeknownst to him he had purchased a junk plan that considered his back injury as a preexisting condition.

Jesse is one of the more than 3 million Virginians with a preexisting medical condition.

And today I want to share some of their stories…to remind my colleagues of what real people will face… if we allow this administration to continue dismantling these protections that folks count on.

Recently I got an email from Linda in Warren County, VA. She is a cancer survivor with multiple preexisting conditions. She wrote:

“Due to the housing fallout in 2008, we lost our health coverage and I could no longer get health coverage because of my cancer diagnosis.”

Mindy from Henrico is also a cancer survivor. She writes:

“Even though my cancer is in partial remission, I remain on treatment for fear of the cancer returning again. As I prepare for retirement, it scares me to think that this cancer would be considered a preexisting condition and I could be denied health care or would be required to pay through the nose for insurance.”

Sharon in Norfolk told me about her struggle with behavioral health issues. She writes:

I am a functioning member of society, however that will not last long if I lose this access to medical help. I went off my medications in 2000 as I couldn't afford a doctor and medication and it was a very thin line between me and homelessness.

Justine from Loudoun County is worried she could lose coverage for her diabetes. Here’s her message for the members of this body:

What if you or a loved one was diagnosed with a “preexisting condition?” How would you feel being denied health coverage?

It’s a good question that we should all ask ourselves, Madam President. As a father, I’ve dealt with the scary reality of having a child with juvenile diabetes and a child with asthma. But I’m also an extraordinarily lucky individual. I knew that because of insurance and because I had the resources, they would be taken care of.

Katherine in Blacksburg, VA told me about her daughter who was diagnosed at age three with juvenile diabetes. She writes:

“Until there is a cure for diabetes, I cannot imagine how costly it will be for her to stay alive and manage her health if there are limitations on coverage for people with preexisting conditions.”

Madam President, Katherine’s daughter deserves access to care just as much as mine does.

I got a letter from a pharmacist in Abingdon named Michael. He treats diabetics every day, and he also knows what it’s like… because he’s lived with the disease for 38 years. He writes:

“Without insulin we will die…If coverage for preexisting conditions goes away, you will see a large decline in the health of type 1 diabetics, and more dependence upon Medicaid.”

I have far too many of these stories to share them all today.

James from Danville told me about his 10 separate preexisting conditions.

Lynn from Lynchburg is on three separate medications due to a brain tumor. She could die if her insurance didn’t cover them.

The list goes on.

In closing, Madam President, when we talk about preexisting conditions, we are talking about people’s lives.

That’s why we must pass the resolution I’ve introduced to reverse the Administration’s harmful rule changes…and defend protections for folks with preexisting conditions.

Next week, we will all have the opportunity to go on the record with an up-or-down vote to defend these protections and restore these critical guardrails.

My colleagues across the aisle insist that they actually support protections for folks with preexisting conditions – well this will be their chance to prove it.

Thank you, Madam President.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced $593,056 in federal funding for a Virginia Tech project to increase the impact of the Appalachian Beginning Forest Farmer Coalition (ABFFC) by increasing membership and improving opportunities and capabilities among forest farmers. This funding follows a strong push by Sen. Warner, who has urged continued investment in this project by the National Institute of Food and Agriculture (NIFA). The funding was awarded through the Beginning Farmer and Rancher Development Program (BFRDP) at NIFA, which provides grants to support education, mentoring, and technical assistance initiatives for beginning farmers or ranchers.

“Through the conversations I’ve had with forest farmers in Southwest Virginia, I know the importance of forest farming for both our economy and our ecosystems. That’s why I was glad to have been able to help secure this funding, which will foster leadership and further strengthen our forest farming industry,” said Sen. Warner.

“I’ve traveled across Virginia to hear from farmers about challenges they face and how I can support their work at the federal level. One big concern I heard was about barriers to entry for young people who want to farm. I’m excited that this federal funding will help train the next generation of forest farmers in Virginia,” said Sen. Kaine.

Forest farming is an agroforestry practice that cultivates herbal, edible, decorative, and handicraft non-timber forest products (NTFP) under a forest canopy modified or maintained to provide shade levels and habitats that favor growth and enhance production. Forest farming allows farmers to produce and sell raw material that is traceable, unadulterated, and sustainable. In 2016, consumers spent an estimated $7.45 billion on herbal supplements, an increase of approximately $530 million from 2013. 

ABFFC is a network of forestland owners, universities, and governmental and non-governmental organizations that share a common goal of improving agroforestry production opportunities and farming capabilities among forest farmers. The project, "Seeded and Growing: Sustaining Appalachian Beginning Forest Farmer Education and Engagement," aims to recruit 400 new and beginning Appalachian forest farmers to ABFFC, increasing membership to more than 1,400. It also seeks to provide advanced training and technical assistance to farmers, as well as promote mentorships, partnerships and networking for new and beginning forest farmers.

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WASHINGTON – U.S. Sen. Mark R. Warner, Vice Chairman of the Senate Select Committee on Intelligence, today introduced the Syrian Allies Protection Act, which would make U.S. visas available to Kurdish Syrians who worked directly with the U.S. armed forces in Syria and whose lives may now be in danger after President Trump abruptly withdrew American troops from northern Syria and allowed a Turkish military operation to move forward against Kurdish fighters who have been integral partners in the fight against ISIS. Since the Turkish offensive began last week, the UN has received reports of executions and human rights abuses against Kurdish fighters and civilians, and at least 160,000 civilians have been displaced.

“America has always stood by her allies. It’s shameful that as a result of President Trump’s reckless actions in Syria, the lives of our Kurdish allies are now in danger,” said Sen. Warner. “Our friends should not pay the price for the President’s irresponsible decision. This bill would establish a program, like those Congress has already established for Iraqi and Afghan nationals, that would allow Kurdish Syrians who worked directly with American troops in the fight against ISIS to come to safety here in the U.S.”

Similar to congressionally-directed programs that made select Iraqi and Afghan nationals who worked as interpreters or in other vital military support positions eligible for special immigrant visas, the Syrian Allies Protection Act would protect those Kurds in Syria who worked most closely with the United States, usually as translators, and whose lives are now threatened not only by the ongoing Turkish incursion, but by potential retaliation by freed ISIS fighters, regime forces, and other foreign interests in Syria now that the protection of American forces has been removed. The legislation would provide permanent American residence to Syrian nationals who worked for the U.S. armed forces for at least six months, have obtained a favorable recommendation from a general or flag officer in the chain of command, and have passed a background check and screening.

The legislation would also direct the Secretary of Defense, in consultation with the Secretaries of State and Homeland Security, to develop and implement a framework to evacuate these eligible individuals to safety  – either in the United States or a third country – while vetting takes place, if their lives are at risk remaining in Syria.  

The text of the Syrian Allies Protection Act is available here.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today joined Sens. Sherrod Brown (D-OH), Tina Smith (D-MN), Joe Manchin (D-WV), and Charles E. Schumer (D-NY) in cosponsoring legislation to address the pension crisis that is jeopardizing small businesses across the country and threatening the retirement of more than 1.1 million workers and retirees nationwide. The Butch Lewis Act would create a loan program to allow financially troubled pensions plans to borrow the funds they need to stabilize their finances and ensure they can meet their commitments to retirees and workers for decades to come.

“Right now, nearly two thousand workers and retirees in Virginia are under threat of seeing their pensions cut drastically as a result of the looming insolvency of the Central States Pension Fund – the largest troubled pension plan,” said Sen. Warner. “Workers shouldn’t have to worry about whether or not the benefits they’ve earned over a lifetime of hard work will be there in retirement. That’s why I’m backing this legislation to lend a hand to the workers and businesses who are counting on these pension plans to succeed.”

Current projections estimate that of the more than ten million individuals who participate in multiemployer pension plans, over one million of them are currently in plans that will be unable to pay the full benefits they have promised. Among these plans is the Central States Pension Plan, one of the largest multiemployer pension plans in the country, which is projected to be insolvent by 2025, affecting nearly 370,000 individuals, including nearly 1,980 people in Virginia.

By providing low-interest 30-year loans, the Butch Lewis Act would put distressed multiemployer plans back on solid footing, thereby protecting small businesses from the threat of closing their doors if plans are allowed to fail. The bill would also would put safeguards in place to encourage pensions to remain strong so they can be there for workers when they retire.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today applauded $23,979,453 in federal funding from the Federal Communications Commission (FCC) to expand broadband to nearly 7,000 unserved homes and businesses in seven counties across Southwest Virginia.

 “The lack of broadband infrastructure continues to affect folks in rural Virginia, from business owners to students,” said the Senators. “In our evolving economy, broadband isn’t a luxury – it’s a necessity. That is why we’re glad to see these federal dollars go toward helping connect nearly 7,000 homes and businesses in Southwest Virginia.”

The funding will be distributed over ten years to support Sunset Digital Communications in providing minimum download speeds of 1 Gbps and minimum upload speeds of 500 Mbps. It will be awarded as listed below:

• Buchanan County – $3,485,482 to serve 626 locations.
• Dickenson County –$5,623,553 to serve 1617 locations.
• Lee County – $3,351,835 to serve 1018 locations.
• Russell County – $7,258,590 to serve 2556 locations.
• Tazewell County – $2,900,697 to serve 714 locations.
• Washington County – $57,143 to serve 9 locations.
• Wise County – $1,302,153 to serve 404 locations.

The funding will be awarded as part of the Connect America Fund (CAF)’s Phase II – the second phase of an FCC program that seeks to expand access to voice and broadband services. CAF provides funding to providers to subsidize the cost of building new network infrastructure or performing network upgrades to expand voice and broadband service in areas where it is lacking. Across the Commonwealth, the FCC has authorized more than $108.5 million to expand broadband to 39,658 rural homes and businesses. 

Under this subsidy, providers are required to build out to 40 percent of the assigned homes and businesses within three years. Buildout must increase by 20 percent in each subsequent year, until complete buildout is reached at the end of the sixth year of support.

Sens. Warner and Kaine have been strong supporters of expanding broadband access in Virginia as Governors and Senators, and have encouraged President Trump to include broadband as part of any bipartisan infrastructure initiative.

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WASHINGTON, D.C. – Today, U.S. Senators Mark R. Warner and Tim Kaine applauded $4,849,792 in federal funding from the Appalachian Regional Commission (ARC) through its Partnership for Opportunity and Workforce and Economic Revitalization (POWER) initiative for communities in the Appalachian region of Virginia.

“We’re excited to support these investments to strengthen Virginia’s economy,” the Senators said. “This funding will help promote job growth, allow more people to access job training, and support rural businesses.”

The funding will be awarded as follows:

• The Southwest Virginia Workforce Development Board in Lebanon, VA will receive $1,500,000 for the Recovery Opportunities and Pathways to Employment Success (ROPES) project. The ROPES program combines recovery and treatment from substance abuse with reemployment opportunities and workforce development to create a recovery-to-employment pathway.

• Appalachian Community Capital (ACC) in Christiansburg, VA will receive $1,039,500 for the Opportunity Appalachia project. ACC has worked with five organizations, including the University of Virginia’s College at Wise, to develop a program that helps bring investment funding to federally designated Opportunity Zones in Central Appalachia. The initiative is estimated to bring in approximately $7.5 million in new investment in Central Appalachian coal communities, and will invest in 15 businesses and create 720 jobs, 70 of which are estimated to be for people recovering from substance abuse.
• Appalachian Headwaters will receive $622,280 for the Appalachian Beekeeping Collective Diversification and Expansion project. Appalachian Headwaters aims to expand its programs focused on the apiculture (honey and bee products) industry to five counties in the Appalachian region of Virginia and 17 counties in southern West Virginia. The project will develop a training and marketing program for new bee products and services as well as create a new processing and training hub in Southwest Virginia.

• The BARC Electric Cooperative in Millboro, VA will receive $1,000,000 for the BARC Rural Economic Development via Broadband project. The project will bring broadband access to 8 businesses and 301 households in Goshen.

• Southwest Virginia Community College (SWCC) in Cedar Bluff, VA will receive $588,072 for the SWCC Automotive Service Excellence Center. The project will create a fast-track curriculum to prepare students for entry-level automobile technician positions.
• The LENOWISCO Planning District Commission in Duffield, VA will receive $50,000 for the Technology Innovation Ecosystem for Rural Water Systems project. The project will identify innovative and emerging technologies that can be used to address potential leaks in small, rural public water systems.
• Appalachian Voices will receive $49,940 for the Taking a Proven Energy Model to Scale project. The project will provide technical assistance to grow the emerging solar energy cluster in Central Appalachia. This funding will support a program in Southwest Virginia that helps building owners who want to use solar energy navigate the process of a commercial-scale solar installation. The program also pools purchasers together to reduce their costs.

The ARC’s POWER Initiative provides grants to communities that have been affected by severe job losses in the coal industry and the changing dynamics of America’s energy production. ARC's mission is to innovate, partner, and invest in the growth of new industries in Appalachia to diversify the region’s economy. Warner and Kaine have been strong advocates for a fully funded ARC so that it can continue to increase employment and economic opportunities for those living in Appalachia.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $6 million in federal funding to expand broadband access in Southwest Virginia. The investments are expected to expand job and economic opportunities in a region where average household incomes continue to lag behind both the national average and other places in Virginia.

“In the 21^st century, high-speed internet access is essential,” said the Senators. “We are pleased to announce this federal investment that will increase opportunities for employment, education and services in Southwest Virginia.”

In Buchanan County, iGo Technology Inc. will receive $3 million to extend broadband access to an additional 820 homes and businesses.

The Scott County Telephone Cooperative will also receive a grant of $3 million to upgrade its current broadband infrastructure in the Dungannon area of Scott County where there is not 10/1 Mbps (10/1) service available. The proposed project upgrade will provide 592 customers more robust broadband infrastructure with greater reliability and higher networking speeds of up to one (1) Gig to each location.

The funds were awarded through the Community Connect Grant Program, administered by the U.S. Department of Agriculture, that helps fund broadband deployment into rural communities where it is not yet economically viable for private sector providers to deliver service. The grants were announced today along with USDA funding for 17 other projects in Illinois, Indiana, Kentucky, Minnesota, Missouri, North Carolina, North Dakota, Oklahoma, Pennsylvania, Tennessee, Texas, West Virginia and Wisconsin. Virginia received more federal grant funding to expand rural broadband service than any other state. 

Warner and Kaine have been strong supporters of expanding broadband access in Virginia as Governors and Senators, and have encouraged President Trump to include broadband as part of any bipartisan infrastructure initiative.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) expressed his frustration today over repeated delays and inaction by the Department of Justice (DOJ) regarding the implementation of the Ashanti Alert Act, which was signed into law more than nine months ago, after passing through Congress in a bipartisan fashion. In a letter to Attorney General William Barr, Sen. Warner demanded a firm deadline for the national launch of the Ashanti Alert system, and called the DOJ’s inaction and lack of communication “unacceptable.”

“The delayed implementation of this critical public safety program is costing lives,” wrote Sen. Warner. “In our meeting, Ms. Sullivan had shared with me a number of concrete steps she would be taking to speed up implementation, and relayed she understood the importance of getting this alert system up and running in each state. However, in the two months since that meeting, there has been little progress on any of the items we spoke about. As well, the Department has subsequently failed to provide my office with any tangible updates or information in follow up emails.”

“One of my major concerns is that despite my urging, there has been no outreach to relevant officials in the Commonwealth of Virginia, who successfully helped implement a Virginia Ashanti Alert system in only three months. Delaying these key conversations regarding best practices will only slow implementation of this life-saving system,” Sen. Warner continued. “The lack of movement on implementing this critical alert system, and the lack of communication with my office is unacceptable.”

The Ashanti Alert Law is named after Ashanti Billie – a 19-year-old whose body was discovered in North Carolina, 11 days after she was first reported missing in Norfolk, Va. At the time of Ashanti’s abduction, she was too old for an AMBER Alert and too young for a Silver Alert. Once implemented, the Ashanti Alert would notify the public about missing or endangered adults, ages 18-64, and assist law enforcement in the search by way of a national communications network.

In the letter, Sen. Warner cited his numerous unanswered requests for updates and called on the DOJ to provide any further information on Ashanti Alert implementation efforts by October 11, 2019. He also requested a firm deadline for the national launch of the Ashanti Alert system.

Sen. Warner, who secured unanimous passage of this bill through the Senate on December 6, 2018, has been a leader in the fight to implement the Ashanti Alert. In August, he reiterated the need for the alert’s swift implementation, following a meeting with Principal Deputy Assistant Attorney General Sullivan. He has also previously demanded in-person meetings with the DOJ, requested implementation updates, and urged congressional appropriators to provide full funding for the timely implementation of the Ashanti Alert.

Text of this letter can be found below and a PDF is available here.

October 4, 2019

The Honorable William P. Barr

The Attorney General

United States Department of Justice

950 Pennsylvania Avenue NW

Washington, D.C., 20530

Dear Attorney General Barr:

Over nine months ago, President Trump signed the Ashanti Alert Act (P.L.115-401) into law. I write to you for a third time about delayed efforts by the Department of Justice to get this crucial system implemented in a timely manner. This week marks two years since 19-year-old Ashanti Billie was found murdered – 11 days after she was initially reported missing.  Because of Ashanti’s age, she did not qualify for AMBER or Silver Alerts and thus critical resources were not used to locate her whereabouts. This bipartisan bill passed with support from numerous organizations including the National Association of Police Organizations and the National Association to PROTECT Children. The delayed implementation of this critical public safety program is costing lives.    

On July 29th, I met with Principal Deputy Assistant Attorney General Katherine Sullivan, who is also serving as the Ashanti Alert Coordinator, to express my concern about the delay and talk to her about next steps. I sent her a follow-up letter in early August memorializing our conversation, and agreed upon next steps. In our meeting, Ms. Sullivan had shared with me a number of concrete steps she would be taking to speed up implementation, and relayed she understood the importance of getting this alert system up and running in each state. However, in the two months since that meeting, there has been little progress on any of the items we spoke about. As well, the Department has subsequently failed to provide my office with any tangible updates or information in follow up emails.

One of my major concerns is that despite my urging, there has been no outreach to relevant officials in the Commonwealth of Virginia, who successfully helped implement a Virginia Ashanti Alert system in only three months. Delaying these key conversations regarding best practices will only slow implementation of this life-saving system. Below, for your information is a short timeline of the follow-up my staff has done, and the relevant responses my staff has received:

• On August 6, 2019, my staff emailed the Department to share contacts with the Virginia State Police who would be happy to talk with the Department about how to best work with states to implement the Ashanti Alert nationwide. My staff also requested an update on a meeting with the CTIA The Wireless Association, and asked if there had been further conversations with the Office of Community Oriented Policing Services (COPS). Both are topics about which Ms. Sullivan and I spoke.
• On August 22, 2019, my staff once again asked for updates on the CTIA and COPS meetings, as well as whether the Department had spoken with the Virginia State Police to utilize its expertise. Additionally, we asked for a contact at the Department to share with another state interested in setting up a system similar to the Ashanti Alert.
• On August 29, 2019, my staffed asked yet again for the above information.
• On September 10, 2019, more than one month after my meeting with Ms. Sullivan, my staff asked a fourth time for the above items about which Ms. Sullivan and I spoke. We also requested an update on the Ashanti Alert implementation status.
• On September 24, 2019 and September 30, 2019, my staff requested these answers for a fifth and sixth time. We have since received the Department contacts as well as information that the CTIA meeting was replaced with a meeting with the Federal Communications Commission (FCC).

The lack of movement on implementing this critical alert system, and the lack of communication with my office is unacceptable. Thus, I am asking for a response from the Department regarding next steps. Please respond to my office no later than Thursday, October 11, 2019 with details on the following questions:

• Are there any further updates on the Ashanti Alert implementation efforts? If so, please provide a detailed update on these efforts.
• Has the Department contacted relevant Virginia officials to discuss how the Commonwealth successfully implemented an Ashanti Act system? If so, please provide a detailed update on these conversations. If not, please explain the delay.
• Are there any further updates regarding the Ashanti Act implementation meeting(s) between the Department and the FCC? If so, please provide a detailed update on these meetings.

Finally, I would like a firm deadline for the national launch of the Ashanti Alert system. Further delay of this critical public safety program will only cost lives. Thank you for your time and I look forward to your expeditious response.

Sincerely, 

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WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and Marco Rubio (R-FL), member of the Senate Select Committee on Intelligence, have expressed concern over the growing threat posed by deepfakes – sophisticated audio and video technologies that allow users to create fake audio and/or video files that falsely depict someone saying or doing something. In letters to 11 social media companies, including Facebook, Twitter, and YouTube, Sens. Warner and Rubio urged the platforms to develop industry standards for sharing, removing, archiving, and confronting the sharing of synthetic content as soon as possible, in light of foreign threats to the upcoming U.S. election. The letters also encouraged the platforms to develop clear policies to ensure their platforms are not exploited to spread disinformation or misinformation, including through authenticating media, labeling and archiving synthetic media content, and providing access to qualified outside researchers.

“As concerning as deepfakes and other multimedia manipulation techniques are for the subjects whose actions are falsely portrayed, deepfakes pose an especially grave threat to the public’s trust in the information it consumes; particularly images, and video and audio recordings posted online,” wrote the Senators. “If the public can no longer trust recorded events or images, it will have a corrosive impact on our democracy.”

“Despite numerous conversations, meetings, and public testimony acknowledging your responsibilities to the public, there has been limited progress in creating industry-wide standards on the pressing issue of deepfakes and synthetic media,” they continued. “Having a clear strategy and policy in place for authenticating media, and slowing the pace at which disinformation spreads, can help blunt some of these risks.  Similarly, establishing clear policies for the labeling and archiving of synthetic media can aid digital media literacy efforts and assist researchers in tracking disinformation campaigns, particularly from foreign entities and governments seeking to undermine our democracy.”

Deepfake technologies allow users to superimpose existing images and videos onto unrelated images or videos, essentially giving users the ability to create false and defamatory content that can be easily spread on social media.

In their letters to Facebook, Twitter, YouTube, Reddit, LinkedIn, Tumblr, Snapchat, Imgur, TikTok, Pinterest, and Twitch, the Senators emphasized that more than two-thirds of Americans get their news from social media sites, and stressed that online media platforms must assume a heightened responsibility for safeguarding public confidence. They also posed the following series of questions about each company’s ability to prevent, detect, and address deepfakes and other synthetic media:

1. What is your company’s current policy regarding whether users can post intentionally misleading, synthetic or fabricated media?
2. Does your company currently have the technical ability to detect intentionally misleading or fabricated media, such as deepfakes? If so, how do you archive this problematic content for better re-identification in the future?
3. Will your company make available archived fabricated media to qualified outside researchers working to develop new methods of tracking and identifying such content?  If so, what partnerships does your company currently have in place?  Will your company maintain a separate, publicly accessible archive for this content?
4. If the victim of a possible deepfake informs you that a recording is intentionally misleading or fabricated, how will your company adjudicate those claims or notify other potential victims?
5. If your company determines that a media file hosted by your company is intentionally misleading or fabricated, how will you make clear to users that you have either removed or replaced that problematic content?
6. Given that deepfakes may attract views that could drive algorithmic promotion, how will your company and its algorithms respond to, and downplay, deepfakes posted on your platform?
7. What is your company’s policy for dealing with the posting and promotion of media content that is wholly fabricated, such as untrue articles posing as real news, in an effort to mislead the public? 

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), member of the Senate Finance Committee, along with Sen. Tim Kaine (D-VA) have introduced legislation to provide financial relief to the Virginia Beach Tragedy Fund to help Virginia Beach shooting victims get the financial assistance they need. The Virginia Beach Strong Act would ensure that any donations made to the Virginia Beach Tragedy Fund on behalf of the families of the dead or wounded victims of the mass shooting in Virginia Beach are tax-deductible.

“There is nothing we can do to undo this tragedy or bring back the individuals we lost in this senseless act of violence, but we can try to make it as easy as possible for families and those injured to get the relief they need,” said the Senators. “This legislation will further incentivize donations to the Virginia Beach Tragedy Fund by making sure that contributions to victims and families are permitted to be treated as charitable contributions.”

U.S. Rep. Elaine Luria (D-VA) introduced companion legislation in the House of Representatives that is supported by Reps. Bobby Scott (D-VA), Rob Wittman (R-VA), Gerry Connolly (D-VA), Denver Riggleman (R-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Abigail Spanberger (D-VA), and Jennifer Wexton (D-VA).

“On May 31st, our Virginia Beach community experienced an unspeakable tragedy that led to the loss of 12 wonderful people,” Rep. Luria said. “In the wake of our community’s darkest day, we saw countless selfless people donate to provide relief for grieving families. I am introducing the Virginia Beach Strong Act to make it easier to help bring more urgently-needed support to grieving families.”

On May 31, 2019, a gunman opened fire at the Virginia Beach Municipal Center, killing 12 people and injuring four. Soon after, the Virginia Beach Tragedy Fund was created to support the wounded victims and the families of those killed. However, because the fund was set up exclusively for the benefit of those affected by the tragedy, it violates a 501(c)(3) nonprofit charitable tax rule that prohibits charitable funds from being earmarked for specific individuals. As a result, donations to the fund are not currently tax-deductible for those making the contributions.

The Virginia Beach Strong Act would clarify that any contribution made for the relief of the families of the dead or wounded victims is treated as a tax-deductible contribution. This legislation would also apply retroactively, classifying any such contribution made on or after May 31, 2019 as tax-deductible.

Sens. Warner and Kaine, along with Rep. Luria have been fierce advocates for the victims and families affected by this mass shooting. In August, they successfully passed bicameral legislation to rename a Virginia Beach post office after Ryan “Keith” Cox, a longtime public utilities employee who, alongside other victims, sacrificed his own life to save others during the shooting. In June, Sens. Warner and Kaine wrote to the commissioner of the Internal Revenue Service (IRS) to verify that victims and families were not being taxed on the contributions they were receiving. Additionally, the Senators secured unanimous passage earlier this year of a Senate resolution honoring the 12 victims of the Virginia Beach shooting.

The full text of the bill is available here.

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WASHINGTON – Senate Banking Committee members, U.S. Sens. Mark R. Warner (D-VA), Tom Cotton (R-AR), Doug Jones (D-AL), Mike Rounds (R-SD), Bob Menendez (D-NJ), John Kennedy (R-LA), Catherine Cortez Masto (D-NV), and Jerry Moran (R-KS) today introduced bipartisan legislation to improve corporate transparency, strengthen national security, and help law enforcement combat illicit financial activity being carried out by terrorists, drug and human traffickers, and other criminals. 

The Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings (ILLICIT CASH) Act would, for the first time, require shell companies – often used as fronts for criminal activity – to disclose their true owners to the U.S. Department of Treasury. It would also update decades-old anti-money laundering (AML) and combating the financing of terrorism (CFT) policies, by giving Treasury and law enforcement the tools they need to fight criminal networks. This includes improving overall communication between law enforcement, financial institutions, and regulators, and facilitating the adoption of critical 21^st century technologies. 

“Transparency is the best weapon we have against the misuse of our financial system by those who would harm the United States and our allies,” said Sen. Warner. “As bad actors use ever more sophisticated techniques, we need to make sure federal agencies have the tools they need to prevent this abuse of our financial system and protect our national security. That starts with making sure we have a full usable record of who actually owns these shell companies.”

“Right now, criminals and terrorists are exploiting our financial system using shell companies that hide their identities. This legislation will allow law enforcement to track ill-gotten gains while at the same time protecting small businesses from unnecessary regulation. I’m proud that we’ve delivered a product that respects the needs of Arkansas small businesses, from startups to steel companies,” said Sen. Cotton.

“It is simply too easy in the United States for criminals to hide behind anonymous shell companies. Our bipartisan bill gives the American law enforcement and national security officials the tools they need to fight back against the criminals that seek to exploit our financial system and fund their illegal activities,” said Sen. Jones.

“Our legislation protects Americans by depriving criminals and terrorists of tools they use to finance illicit activity. Developed through months of hard work and consensus-building, the ILLICIT CASH Act gives the Treasury Department and law enforcement the tools they need to combat illegal financial activity without burdening legitimate businesses. I look forward to continuing to work with my colleagues to advance this important issue – the first serious overhaul of our anti-money laundering system in decades,” said Sen. Rounds.

“It’s still far too easy for rogue regimes, corrupt oligarchs, human traffickers and drug cartels to use American shell companies to launder money through the United States,” said Sen. Menendez. “Our bill gives our national security and law enforcement professionals new tools to make sure our financial system can no longer be a safe haven for illegal actors.”

“Transparency is a powerful tool to use against criminal activity because it makes it impossible to hide.  Criminals know it’s easier to set up a shell company than it is to get a library card in the U.S.  This bill will help dismantle criminal networks by ensuring that we know who truly owns shell companies,” said Sen. Kennedy.

“From money laundering to funding terrorism and sex trafficking, it’s outrageous that in the United States it is still incredibly easy for criminals to set up shell companies to hide their illicit financial activity,” said Sen. Cortez Masto. “I’m proud to cosponsor comprehensive legislation that gives the Treasury Department and law enforcement the modern-day tools they need to track down these criminals, prevent abuse of our financial system and keep Americans safe.” 

According to research from the University of Texas and Brigham Young University, the U.S. remains one of the easiest places in the world to set up an anonymous shell company. A recent report by Global Financial Integrity demonstrates that, in all 50 U.S. states, more information is currently required to obtain a library card than to register a company. Human traffickers, terrorist groups, arms dealers, transnational criminal organizations, kleptocrats, drug cartels, and rogue regimes have all used U.S.-registered shell companies to hide their identities and facilitate illicit activities. Meanwhile, U.S. intelligence and law enforcement agencies find it increasingly difficult to investigate these illicit financial networks without access to information about the beneficial ownership of corporate entities involved.

At the same time, U.S. AML-CFT laws have not kept pace with the growing exploitation of the global financial system to facilitate criminal activity. According to a United Nations Report, money laundering activity and illicit cross-border financial flows have generated upwards of $300 billion annually in criminal proceeds. While tracking these growing sums is increasingly difficult, U.S. laws have also failed to adequately address the small dollar financing of global terrorist groups. 

“Our own research and data have shown that the criminals behind trafficking operations use secrecy to hide both their identity and the proceeds of their crimes.  Secrecy allows them to profit with impunity.  By ending the ability of traffickers and others to use anonymous companies, the ILLICIT CASH Act will, for the first time, provide critical information to the police and prosecutors with whom we work to follow the money.  We applaud the bill sponsors for working across party lines to take these effective steps to address the deep, lasting and unimaginable harms caused by human trafficking,” said Bradley Myles, CEO, Polaris.

“As end users of evidence collected throughout the investigative process, it is imperative that prosecutors have as much information as possible in order to determine the best course of action for prosecuting an individual or entity that has committed a crime. Beneficial ownership data collection is vital to this effort, and law enforcement and prosecutors must have lawful access to that information. NDAA is excited to support the Illicit Cash Act and looks forward to working with Senators Warner, Jones, Cotton, Rounds, Kennedy, Menendez, Cortez Masto & Moran in moving this legislation through Congress,” said Nelson Bunn, Executive Director, National District Attorneys Association.

“We appreciate Senators Warner, Cotton, Jones, Rounds, Menendez, Kennedy, Cortez Masto and Moran’s hard work in building additional bipartisan support and pushing this legislation forward. Their legislation would both modernize our antiquated AML regime and help law enforcement and national security officials by closing the anonymous shell company loophole exploited by human traffickers, drug smugglers, and terrorists,” said Greg Baer, President and CEO, Bank Policy Institute.

“The ease with which bad actors can hide illicit cash in the U.S. undermines our national security, props up rogue leaders and renegade regimes, and destroys lives — both here and abroad. The ILLICIT CASH Act is a direct and effective response to the dangers and devastation that result from the lack of safeguards to protect our financial system from abuse,” said Gary Kalman, Executive Director, Financial Accountability and Corporate Transparency (FACT) Coalition.

“When we are able to expose the link between shell companies and drug trafficking, corruption, organized crime and terrorist finance, law enforcement will be able to bring these criminals to justice and make our citizens and our nation safer. This legislation will help law enforcement by removing the mask that hides these illicit actors,” said Pat Yoes, President, Fraternal Order of Police.

Given the critical importance of cracking down on criminal shell companies and the need to combat money laundering and terrorism, the ILLICIT CASH Act envisions a more transparent corporate ownership system and an updated, effective and efficient AML-CFT regime designed for the 21^st century. Specifically, this legislation would:

• Establish federal reporting requirements mandating that all beneficial ownership information be maintained in a comprehensive federal database, with strict privacy protections, accessible by federal and local law enforcement.
• Help recruit and retain top talent at the Financial Crimes Enforcement Network (FinCEN) by putting employees on a pay scale comparable to that of federal financial regulators.
• Create a hub of financial expert investigators at FinCEN to investigate potential AML-CFT activity in collaboration with federal government agencies.
• Facilitate communications between the Treasury and financial institutions by establishing a Treasury financial institution liaison to seek and receive comments regarding AML-CFT rules, regulations, and examinations.
• Require the Department of Justice (DOJ) to provide the Treasury Department with metrics on the usefulness of AML-CFT data from financial institutions for law enforcement purposes, as well as data on the past and current trends identified by DOJ in the AML-CFT landscape.
• Require law enforcement to coordinate with financial regulators to provide periodic feedback to financial institutions on their suspicious activity reports.
• Prioritize the protection of personally identifying information while establishing a clear path for financial institutions to share AML-CFT information for the purposes of identifying suspicious activity.
• Prevent foreign banks from obstructing money laundering or terrorist financing investigations by requiring these banks to produce records in a manner that establishes their authenticity and reliability for evidentiary purposes, and compelling them to comply with subpoenas. This legislation would also authorize contempt sanctions for banks that fail to comply and increase penalties on repeat BSA violators. 
• Ensure the inclusion of current and future payment systems in the AML-CFT regime by updating the definition of “coins and currency” to include digital currency.

A section-by-section analysis of this bill is available here. A one-pager is available here. The full text of the bill is available here.  

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