WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined over 150 lawmakers in introducing the Direct File Act, new legislation that would reverse the Trump administration’s decision to end the highly successful Direct File program — which allowed taxpayers to file their taxes online, for free, and directly with the government — and make the program permanent.

“Virginians should be able to file their taxes, quickly, easily, and for free,” said the senators. “The Trump administration’s senseless decision to end the Direct File program cost taxpayers billions of dollars. This bill would fully restore the program and make it permanent so that every year Americans have a reliable, hassle-free way to file their taxes.”

The average American taxpayer spends eight hours and $160 each year filing their taxes with tax prep companies. In 2024, the IRS launched Direct File to save families time and money. 94% of users described their experience as “excellent” or “above average,” and more than 70% of taxpayers said they would use Direct File if they were eligible. If fully implemented, Direct File was projected to save families up to $23 billion annually in fees, time, and tax credits.

Despite Direct File’s success, the Trump Administration ended the program after extensive lobbying efforts by tax prep companies. This decision contradicts recommendations from the independent Government Accountability Office and Treasury Inspector General for Tax Administration, ultimately raising costs for Americans and making the tax filing experience even more burdensome.

In addition to directing the IRS to establish and operate a free online tax preparation and filing program, the Direct File Act would: 

• Prohibit the IRS from entering into agreements that restrict its ability to provide free online tax preparation or filing services.
• Direct the IRS to publish an annual report on use levels, patterns of usage, and ways to improve access to Direct File.
• Direct the IRS to enable seamless integration between state tax filing systems and Direct File, including through information sharing and a new grant program for states.
• Reduce tax fraud by getting third-party income information to the IRS earlier in the tax season, allowing the agency to verify this information before issuing refunds.

In addition to Warner and Kaine, 38 other senators sponsored this legislation, including U.S. Sens. Elizabeth Warren (D-MA), Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Cory Booker (D-NJ), Maria Cantwell (D-WA), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Andy Kim (D-NJ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Ed Markey (D-MA), Jeff Merkley (D-OR), Chris Murphy (D-CT), Patty Murray (D-WA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Ron Wyden (D-OR).

120 Members of the House of Representatives sponsored the bill as well.

The bill is endorsed by 115 unions, advocacy groups, and national organizations, including Public Citizen, Americans for Tax Fairness, Economic Security Project Action, Groundwork Collaborative, AFL-CIO, American Federation of Teachers (AFT), American Federation of State, County and Municipal Employees (AFSCME), Service Employees International Union (SEIU), Communications Workers of America, Americans for Financial Reform, National Consumer Law Center (on behalf of its low-income clients), Center for Law and Social Policy (CLASP), Main Street Alliance, Institute on Taxation and Economic Policy, P Street, Patriotic Millionaires, Institute for Policy Studies - Program on Inequality, MoveOn, UnidosUS, 20/20 Vision, Advancing CT Together, Alliance for Retired Americans, Allons Babies, Americans for Democratic Action (ADA), Arkansas Asset Builders, Brazilian Worker Center Inc, California Alliance of Caregivers, CASH Campaign of Maryland, Catalyst Miami, Center for New Revenue, Center for the Study of Social Policy, Children's HealthWatch, Church Women United in New York State, Coalition on Human Needs, Color Of Change, Colorado Consumer Health Initiative, Colorado Fiscal Institute, Community Change Action, Connecticut Voices for Children, Consumer Action, Courage California, Demand Progress, Elevate Idaho Families, End Child Poverty CA powered by GRACE, Fair Share America, Faith in Minnesota, Financial Empowerment Network, Futures Without Violence, Garrett County Community Action Committee, Inc., Golden State Opportunity, Grow Brooklyn, Hawaii Children's Action Network Speaks!, Housing Action Illinois, Idaho Center for Fiscal Policy, In the Public Interest, Income Movement, Indivisible Georgia Coalition, ISAIAH (MN), Jobs with Justice, LIFT Inc, LIFT-DC, Maine Center for Economic Policy, Maine Equal Justice, MakingChange, Inc, Marion County Commission on Youth (MCCOY), Maryland Center on Economic Policy, Maryland Volunteer Lawyers Service, Meals4Families, Minnesota Budget Project, Mothers Outreach Network, My Money Story, National Association of Social Workers, National Coalition for Asian Pacific American Community Development, National Committee to Preserve Social Security and Medicare, National Council of Jewish Women Los Angeles, National Organization for Women, National Rural Social Work Caucus, NETWORK Lobby for Catholic Social Justice, New Jersey Policy Perspective, New Mexico Voices for Children, Northern Santa Barbara County United Way, Northwest Progressive Institute, Oregon Center for Public Policy, Oxfam America, Prepare + Prosper, Prosperity Indiana, Public Good Law Center, RAISE Texas, Responsible Wealth, RESULTS, RESULTS DC/MD, RESULTS.org-Massachusetts, Rise Up WV, RootsAction, San Diego for Every Child, SiX Action, Social Work Grand Challenge to Reduce Extreme Economic Inequality, State Innovation Exchange, Strong Economy For All Coalition, The Arc of the United States, Touch Stones Financial Wellness Services, Unitarian Universalist Fellowship of Hidalgo County Texas, Unitarian Universalists for Social Justice, United for a Fair Economy, United for Respect, United Way of Frederick County, United Ways of the Pacific Northwest, Upper West Side Action Group, Vesta Prosperity, Voices for Progress, Washington Anti-Hunger & Nutrition Coalition, Washington State Budget and Policy Center, Women Employed, and Young Invincibles.

“A free, direct e-filing tax return system is a fundamental taxpayer right,” said Nina Olson, Executive Director of the Center for Taxpayer Rights and former National Taxpayer Advocate. “Just as the government designs and printed paper tax forms for years, so should it design and maintain a user-friendly electronic filing option for individual taxpayers.”

The full bill can be found here and a summary of the bill can be found here.

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA), Tim Kaine (D-VA), Chris Van Hollen (D-MD), and Angela Alsobrooks (D-MD) introduced the Chesapeake Bay Watershed Advancement for Training, Education, Restoration, and Science (WATERS) Act to reauthorize the National Oceanic Atmospheric Administration (NOAA) Chesapeake Bay Office (CBO), which supports the restoration of the Bay and connects local businesses, nonprofits, schools, and residents to coastal resilience and restoration efforts.

“The Chesapeake Bay is the heart of so many Virginia communities, supporting fisherman and local businesses, offering unique educational opportunities to students, and serving as a hotspot for recreation,” said Sen. Warner. “I’m proud to introduce this legislation that works to ensure the Bay remains a resource for generations to come.”

“The Chesapeake Bay plays a critical role in Virginia's economy and seafood industries, and we must take steps to protect the waters and shores of the region,” said Sen. Kaine. “The Chesapeake WATERS Act will provide vital training and education for the many stakeholders across our schools, businesses, and nonprofits who want to help preserve and restore the Bay for generations to come.”

“A healthy Chesapeake Bay is vital to the livelihood of communities across our region, and NOAA plays a pivotal role in protecting this natural treasure.  This legislation will help ensure that this program has the resources it needs to continue its restoration efforts, environmental education opportunities, and more – supporting the mission of safeguarding the Bay for generations to come,” said Sen. Van Hollen.

“The Chesapeake Bay is the heart of Maryland and a treasure for communities all across the mid-Atlantic. I will continue fighting to improve water quality and increase federal funding so the Chesapeake can continue to serve not just Maryland but the entire nation,” said Sen. Alsobrooks.  

Specifically, the Chesapeake Bay WATERS Act:

• Reauthorizes the NOAA CBO, which has been a leading partner in the Bay restoration effort and fishery community. The bill allows the NOAA CBO to collaborate with universities, nonprofits, and other stakeholders to promote integrated coastal observations, including monitoring and observing restoration activities in the Bay; collecting and analyzing data related to marine resources; and organizing information for use by policymakers, resource managers, and the public.
• Directs the NOAA to support the coordinated management, protection, characterization, and restoration of Bay habitats and living resources, as well as the Interpretive Buoy System – which collects water quality, meteorological, and oceanographic data used by scientists, fisherman, and those recreating on the Bay – along the Captain John Smith Chesapeake National Historic Trail.
• Authorizes the Chesapeake Bay Watershed Education and Training (B-WET) program, a CBO competitive grant program for environmental education projects that connects students throughout the watershed with the Bay.

“All of us who call the Bay home owe a debt of gratitude to NOAA’s Chesapeake Bay office. From cutting-edge climate science, to outdoor education, to leading one of the largest oyster restoration efforts in the world, NOAA is building a stronger future. This bipartisan legislation ensures NOAA can keep doing this vital work. We’re thankful for the leadership of Senator Warner and our other members of Congress around the Bay in the Chesapeake Bay WATERS Act,” said Keisha Sedlacek, Senior Policy Director of the Chesapeake Bay Foundation.

“The Choose Clean Water Coalition wholeheartedly endorses the Chesapeake WATERS Act, which reauthorizes NOAA’s Chesapeake Bay Office (NCBO). Whether through restoring the Bay’s oyster population, protecting striped bass and other native species from the onslaught of invasive blue catfish, or helping steward the next generation through outdoor education experiences, NCBO is a critical player in our work for clean water and healthy communities. It is vital they receive continued support as we enter the next chapter of the Bay restoration effort,” said Kristin Reilly, Director of the Choose Clean Water Coalition.

Companion legislation has been introduced in the House of Representatives by U.S. Reps. Bobby Scott (D-VA-03), Rob Wittman (R-VA-01), Jennifer Kiggans (R-VA-02), and Sarah Elfreth (D-MD-03).

Read the full bill here.

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Photos may be used online and in print, and can be attributed to ‘The Office of Sen. Mark R. Warner’

WASHINGTON – U.S. Sens. Mark R. Warner (D-VA) and Steve Daines (R-MT) today introduced the bipartisan “Access to Fair Financing for Opportunity and Resilient Development (AFFORD) Act.” The AFFORD Act will provide added transparency over CDFI Fund operations and strengthen its role in improving capital access and economic development in rural, tribal, and other underserved communities in Montana, Virginia, and across the country. Additionally, the bill would extend and enhance the CDFI Bond Guarantee Program to enable participation by smaller CDFIs, reauthorizes the CDFI liquidity enhancement program to increase CDFI lending capacity and reach more communities, and bolsters the role of Native CDFIs by expanding a USDA CDFI relending program that partners with Native CDFIs to deploy mortgage loans to eligible Native borrowers.

“CDFIs are critical in bringing capital and financial services to rural, tribal, and underserved communities, and they can be significant partners for local governments to battle rising costs and affordability. I’m proud to be introducing the AFFORD Act, which will expand the capacity of CDFIs so they can reach more communities across Virginia,” said Sen. Warner.  

“CDFIs help hardworking families and small business owners in Montana gain access to the opportunities and capital they need for financial success, especially in Montana’s rural and tribal communities. It’s critical we improve transparency surrounding the operations of the CDFI Fund to ensure its programs continue to serve the vital role of increasing economic development and helping Montana communities thrive. I’m glad to introduce the AFFORD Act, which will do just that,” said Sen. Daines.

U.S. Sens. Mike Crapo (R-ID), Tina Smith (D-MN), Mike Rounds (R-SD), Jim Risch (R-ID), Chuck Schumer (D-NY), Amy Klobuchar (D-MN), John Hickenlooper (D-CO), Cory Booker (D-NJ), Chris Van Hollen (D-MD), Jim Justice (R-WV), Deb Fischer (R-NE), Andy Kim (D-NJ), Roger Wicker (R-MS), Kristen Gillibrand (D-NY), Chris Coons (D-DE), Tim Sheehy (R-MT), Gary Peters (D-MI), Dan Sullivan (R-AK), Michael Bennet (D-CO), Cindy Hyde-Smith (D-MS), Ron Wyden (D-OR), Katie Britt (R-AL), Dick Durbin (D-IL), Bill Cassidy (R-LA), Lisa Murkowski (R-AK), Kevin Cramer (R-ND), John Boozman (R-AR) and Martin Heinrich (D-NM) joined Sens. Warner and Daines in introducing the bill.

Read the bill text here.

Background:

Community Development Financial Institutions (CDFIs) play a critical role in bringing capital and financial services to a wide range of small businesses and families across Montana.  The “CDFI Fund Transparency Act” would require the Secretary of the Treasury to testify annually before the Senate Banking and House Financial Services Committees regarding the operations of the CDFI Fund during the previous fiscal year.

Sen. Warner leads the bipartisan Senate CDFI Caucus. In March, he led his colleagues in sending a letter to Secretary of Tresury Scott Bessent emphasizing the bipartisan support for the CDFI Fund and highlighting the Fund’s critical role in providing capital to underserved communities.

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WASHINGTON — U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, and U.S. Rep. Jim Himes (D-CT), Ranking Member of the House Permanent Select Committee on Intelligence, sent a letter to Director of National Intelligence Tulsi Gabbard raising serious concerns about the handling of an urgent whistleblower complaint and the unprecedented withholding of an underlying intelligence report from congressional oversight committees.

In their letter, Warner and Himes noted that the Intelligence Community Inspector General transmitted the whistleblower complaint to Congress more than nine months after it was filed, citing delays within the Office of the Director of National Intelligence. The lawmakers also highlighted that, despite clear statutory requirements, the whistleblower has still not received required guidance on how to securely communicate with Congress.

The lawmakers further raised concerns about access to the underlying intelligence report, writing: “Furthermore, upon reviewing the complaint, members of the Gang of Eight requested to view the underlying intelligence report referenced in the complaint itself. We were subsequently informed by your office that the IC is unable to provide the unredacted underlying intelligence report ‘due to the assertion of executive privilege.’ This response and assertion of privilege over this type of intelligence report is unprecedented. The request and provision of intelligence reports have been longstanding practice between the IC and its congressional oversight committees.”

Warner and Himes added, “Moreover, it is not clear how this intelligence report could implicate executive privilege, which typically protects the deliberation and communications of the President and his senior advisors. We are aware of recent press reporting that alleges the underlying intelligence involves discussions about the President’s son-in-law, Mr. Jared Kushner, but since the underlying intelligence report has not been made available to Congress and because the complaint itself was heavily redacted, we cannot confirm the accuracy of such allegations. However, we would note that if these reports were true, Mr. Kushner is not serving as a senior administration official and so there is no colorable argument that executive privilege could apply in this instance. Moreover, as you are well aware, the names of U.S. persons are routinely masked in disseminated intelligence reporting.”

They also questioned the basis for the privilege claim, asking whether “the President assert[ed] executive privilege over the underlying intelligence report,” and, “if so, when did he assert such privilege and on what basis.” If the President did not assert privilege, they requested clarity on “who asserted the privilege, when was it asserted, and what was the basis for that assertion.”

The letter concludes with a request that, if no valid claim of privilege exists, the relevant agency “provide the requested report to the Gang of 8 immediately,” and that the complainant be given “security guidance… so that the complainant is able to meet with the appropriate committees as afforded by the law.”

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

February 24, 2026

The Honorable Tulsi Gabbard

Director of National Intelligence

1500 Tysons McLean Drive

Mclean, VA 22102

Dear Director Gabbard:

As you are aware, on February 2, 2026, the Intelligence Community (IC) Inspector General (IG) made available to the “Gang of Eight” an urgent concern whistleblower complaint that had been filed over nine months earlier in May 2025. According to the accompanying letter from the IC IG, the transmission of this complaint to Congress was delayed because, among a variety of other reasons, you claimed the then-Acting General Counsel, Mr. Charles Newman, “had never informed [you] of the outstanding requirement” for providing security guidance. Concerningly, we understand that you still have not provided the complainant with security guidance as required under 50 U.S.C. § 3033(k)(5)(D)(ii). This provision clearly states that even if the IC IG does not find a complaint to be credible, the Director must still provide the complainant, through the IC IG, “direction on how to contact the congressional intelligence committees in accordance with appropriate security practices.”

Furthermore, upon reviewing the complaint, members of the Gang of Eight requested to view the underlying intelligence report referenced in the complaint itself. We were subsequently informed by your office that the IC is unable to provide the unredacted underlying intelligence report “due to the assertion of executive privilege.” This response and assertion of privilege over this type of intelligence report is unprecedented. The request and provision of intelligence reports have been longstanding practice between the IC and its congressional oversight committees.

Moreover, it is not clear how this intelligence report could implicate executive privilege, which typically protects the deliberation and communications of the President and his senior advisors. We are aware of recent press reporting  that alleges the underlying intelligence involves discussions about the President’s son-in-law, Mr. Jared Kushner, but since the underlying intelligence report has not been made available to Congress and because the complaint itself was heavily redacted, we cannot confirm the accuracy of such allegations. However, we would note that if these reports were true, Mr. Kushner is not serving as a senior administration official and so there is no colorable argument that executive privilege could apply in this instance. Moreover, as you are well aware, the names of U.S. persons are routinely masked in disseminated intelligence reporting. 

In light of these facts, we request your response to the following questions:

1. Did the President assert executive privilege over the underlying intelligence report? 
2. If so, when did he assert such privilege and on what basis?
3. If not, who asserted the privilege, when was it asserted, and what was the basis for that assertion?

If there was no assertion of privilege, we request that you instruct the relevant agency to provide the requested report to the Gang of 8 immediately.  Additionally, we wish to request that pursuant to 50 U.S.C. § 3033(k)(5)(D), you provide security guidance to the complainant through the IC IG so that the complainant is able to meet with the appropriate committees as afforded by the law.

Thank you for your attention to this matter.

Sincerely,

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Photos may be used online and in print, and can be attributed to ‘The Office of Sen. Mark R. Warner’

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) introduced legislation to require full refunds of Trump’s illegal tariffs, after they were struck down by the U.S. Supreme Court on Friday by a 6-3 vote. To date, the Trump administration has collected an estimated $175 billion in illegal tariff revenue, raising taxes on products from nearly every country on earth, and jacking up prices for American families. The Tariff Refund Act of 2026 would require the full refund, with interest, of those funds.

“Trump’s reckless tariffs have driven up costs for families, consumers, and small businesses, and the money that Americans have lost as a result of these illegal taxes needs to be returned to them. I’m proud to introduce this legislation that will prioritize providing relief to local businesses and working families,” said Sen. Warner. “As prices rise to new heights under the Trump administration, I will continue fighting to make the cost of living affordable for Virginians.”

“I am glad the Supreme Court ruled against President Trump’s ridiculous abuse of emergency power to impose broad-based, cost-raising taxes on American consumers and businesses,” said Sen. Kaine. “These tariffs were a mistake from the start, which is why I led the charge to challenge them in the Senate. Now, I’m glad to team up with my colleagues to press the Administration to fully refund Americans for the costs President Trump forced on them.”

The Tariff Refund Act of 2026 would ensure that U.S. Customs and Border Protection (CBP) completes the payment of refunds quickly and prioritizes the interests of small businesses in that process. Importantly, the bill would ensure that importers are not required to take costly administrative steps to receive a refund of the tariffs unlawfully collected by the Administration. The bill would also direct CBP to coordinate with the Small Business Administration (SBA) to provide information and technical support. Finally, the bill’s reporting requirements would provide Congress, which has constitutional authority over trade and tariffs, with proper oversight over the refund payment process.

The Trump administration previously recognized that it must refund, with interest, any duties determined to have been unlawfully collected. However, it is unclear what timeline, process, or other guidelines the administration would follow to provide refunds—and the lack of a clear, accessible process would necessarily advantage large importers with resources to dedicate to outside counsel and consultants.

In addition to Warner and Kaine, this bill was led by Sens. Ron Wyden (D-OR), Edward Markey (D-MA), Jeanne Shaheen (D-NH), Chuck Schumer (D-NY), Ben Ray Luján (D-NM), Mazie Hirono (D-HI), Chris Coons (D-DE), John Hickenlooper (D-CO), Angus King (I-ME), Angela Alsobrooks (D-MD), Andy Kim (D-NJ), Maria Cantwell (D-WA), Jacky Rosen (D-NV), Dick Durbin (D-IL), Alex Padilla (D-CA), Adam Schiff (D-CA), Richard Blumenthal (D-CT), Patty Murray (D-WA), Chris Van Hollen (D-MD), and Michael Bennet (D-CO).

A copy of the bill text is here.

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Photos may be used online and in print, and can be attributed to ‘The Office of Sen. Mark R. Warner’

WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) announced nearly $35 million in federal funding to modernize bus fleets and facilities across Virginia, including replacing and rehabilitating buses, purchasing new vehicles, and upgrading transit infrastructure. This funding is awarded through the Department of Transportation’s Grants for Buses and Bus Facilities Program, which was significantly expanded by the Bipartisan Infrastructure Law that the senators helped negotiate and pass.

“We are thrilled to announce this funding which will bring state-of-the-art buses to the Petersburg and Hampton Roads areas,” said the senators. “Modern and accessible public transportation systems are critical in helping Virginians get where they need to go in a reliable and cost-efficient manner.”

The program grants will be distributed as follows:

• Petersburg Area Transit will receive $23,820,750 to purchase replacement buses and construct operations and maintenance facilities.
• The Transportation District Commission of Hampton Roads will receive $10,620,000 to purchase replacement buses.

Sens. Warner and Kaine have long supported efforts to modernize Virginia’s infrastructure and aging public transportation systems and to fund lower emission vehicles. In November, the senators announced $70 million in federal grant funding from the Bipartisan Infrastructure Law’s Low- or No-Emission Program to improve Virginia’s bus systems and reduce their emissions. Additionally, the senators announced over $50 million in federal funding in 2024 to purchase new low-emission hybrid buses under Fairfax County’s fleet replacement plan. In 2023, they secured more than $171 million in funding to invest in American-built, low-emission buses and bus facilities.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after the House failed to advance the bipartisan ROTOR Act:

“I am deeply disappointed that the House today voted not to advance the ROTOR Act – legislation that passed the Senate unanimously and includes serious aviation safety reforms in response to the tragic midair collision that cost 67 lives. This commonsense, bipartisan bill reflects critical recommendations of the National Transportation Safety Board and has earned the strong support of crash victims’ families and pilot unions alike. It reflects a shared commitment to learning from tragedy and taking meaningful steps to prevent future accidents.

“At a time when aviation safety must remain a top priority, it is especially frustrating that this measure fell short. I urge my House colleagues on both sides of the aisle to engage with the Senate and stakeholders to swiftly find a path forward for these critical air safety reforms. The safety of the flying public depends on it.”

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement regarding the General Assembly and Governor Abigail Spanberger’s approval of a new Virginia congressional map that now heads to Virginians for a referendum vote:

“Donald Trump’s decision to prioritize redrawing voting maps across the country instead of focusing on lowering costs for families has created extraordinary circumstances for states like Virginia. There is now a temporary proposal aimed at preserving a fair playing field and protecting Virginia voters. While some states are moving ahead through partisan deals behind closed doors, Virginia is following its constitutional process and allowing voters to render the final judgment. We strongly support this effort and Virginia’s commitment to public transparency throughout the process.” 

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine, a member of the Health, Education, Labor and Pensions (HELP) Committee, (both D-VA) joined Senate colleagues in urging the Department of Education to immediately reverse the Trump Administration’s harmful decision to unilaterally halt federal funding for Minority-Serving Institutions (MSIs). In the letter to U.S. Secretary of Education Linda McMahon, the senators criticized the Department of Education’s use of a Department of Justice (DOJ) determination that these programs are unconstitutional. The Trump Administration’s halt of mandatory and discretionary funding for MSIs, which have previously been authorized on a bipartisan basis, threatens the institutions’ ability to serve students of all backgrounds and help them complete their degrees. There are over 800 federally recognized MSIs, including nine in Virginia.

“This decision is yet another example of this Administration attempting to circumvent Congress and its obligations to follow the law,” wrote the senators. “Unilaterally deciding that long-standing programs are unconstitutional, absent a ruling from the judiciary, sets a dangerous precedent and disrupts needed support that colleges and students rely on.”

“We urge you to allocate Title III and V discretionary and mandatory funds as Congress intended so that these institutions, which educate millions of working-class Americans, can continue to successfully serve every student they enroll and continue to be economic engines for the communities they serve across this nation,” continued the senators.

In the letter, the senators blasted DOJ’s legal justification for declaring that both discretionary and mandatory MSI grant funding is unconstitutional, citing DOJ’s reliance on a Supreme Court decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that discusses race-based admissions policies, not race-based funding allocations. The senators emphasized that the factors a college or university can consider when evaluating a student for admission, as addressed in the Supreme Court decision, are unrelated to whether a school should be considered an MSI and that relying on that precedent is an “inappropriate subversion of duly-enacted federal law.” MSIs are evaluated for consideration of federal funding based on the student population they serve, not their admission policies.

MSIs enroll over 5 million students, many of whom are first-generation college students. The nine MSIs in Virginia include Hampton University, Norfolk State University, Virginia State University, Virginia Union University, Virginia University of Lynchburg, Virginia Commonwealth University, Virginia Tech, Northern Virginia Community College, and Marymount University.

The letter is led by U.S. Sens. Alex Padilla (D-CA), Bernie Sanders (I-VT), Dick Durbin (D-IL), Cory Booker (D-NJ), Ben Ray Luján (D-NM), Mazie Hirono (D-HI), and Rev. Raphael Warnock (D-GA). In addition to Warner and Kaine, the letter is cosigned by U.S. Senators Chuck Schumer (D-NY), Angela Alsobrooks (D-MD), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Lisa Blunt Rochester (D-DE), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Mark Kelly (D-AZ), Andy Kim (D-NJ), Ed Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Jon Ossoff (D-GA), Jack Reed (D-RI), Jacky Rosen (D-NV), Brian Schatz (D-HI), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), and Ron Wyden (D-OR).

Full text of the letter is available here and below:

Dear Secretary McMahon:

We write to express our strong opposition to the Administration’s decision to unilaterally halt federal funding for Minority-Serving Institutions (MSIs) based on a unilateral determination by the Department of Justice (DOJ) that these programs are unconstitutional. These longstanding programs have been authorized and funded by Congress for decades, and the Administration’s baseless decision to deem these programs unconstitutional needlessly disrupts the fiscal stability of thousands of colleges and universities that educate millions of students of all ethnicities and backgrounds.

Congress first established MSI programs on a bipartisan basis in the 1986 reauthorization of the Higher Education Act and expanded them in subsequent reauthorizations. MSIs have received bipartisan support over the course of six administrations presided over by presidents of both parties. That was true during President Trump’s first term, when he signed the FUTURE Act into law, to secure permanent funding for Historically Black Colleges and Universities (HBCUs), Tribally Controlled Colleges (TCCUS), and MSIs.

More than 800 federally recognized MSIs currently serve over five million students, many of whom are first generation college students and come from low-income backgrounds. These include Asian American and Native American Pacific Islander Serving Institutions (AANAPISIs), Alaska Native and Native Hawaiian Serving Institutions (ANNHSIs), Hispanic Serving Institutions (HSIs), Native American Serving Non-Tribal Institutions (NASNTIs), and Predominantly Black Institutions (PBIs). More than half of all MSI students qualify for Pell grants, and HSIs enroll 37 percent of the nation’s Pell recipients. As directed by Congress in Section 312(b) of the Higher Education Act, institutions to be eligible for MSI funding, are evaluated on their current enrollment (e.g. among the students they enroll, 15 to 25 percent of existing students must be from a particular student population), have lower than average expenditures, and must enroll high percentages of students receiving Pell grants or need-based aid.

On September 10, 2025, grantees who were recipients of discretionary grant funds under six programs received a letter that the funds were being reprogrammed because the Department of Education (Department) believed that “racial quotas” were unconstitutional. At the time, the Department recognized that while it had statutory authority to reprogram the discretionary funds, the mandatory funds provided to MSIs, which have been required in statute since 2007, could not be reprogrammed and would continue to be dispersed. The Department then added that it would continue to consider the underlying legal issues associated with the mandatory funding mechanism in these programs.

On December 2, 2025, the Department of Justice’s Office of Legal Counsel (OLC) issued an opinion analyzing the constitutionality of the Department of Education’s MSI programs and determined that both the discretionary and mandatory grants for HSIs, ANNHSIs, ANNAPISIs, and NASNTIs, and the formula-based PBI programs, are unconstitutional. On December 19, the Department of Education stated that it was evaluating the full impact of the OLC opinion on the affected programs.

While the Department of Justice’s opinion cites to the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (“SFFA”), that decision pertained specifically to the factors a college or university can consider when evaluating a student for admission. Those factors are unrelated to the determination of whether a school should be considered an MSI, and relying on that precedent— when there has been no specific court determination that MSIs are unconstitutional—is an inappropriate subversion of duly-enacted federal law. MSIs are not directed nor required to employ race-conscious admissions policies for their enrollment; they are evaluated based on the population of students they already serve at the time they are applying for funding.

Furthermore, the funding provided to eligible MSIs through Title III and V grants is provided to the institution, not to specific students. The benefits of the funds are directed towards all students that attend those colleges, regardless of race, ethnicity, or socio-economic status. Without these funds, under-resourced institutions would not be able to adequately support their students’ success and the economic benefits for the local communities where these institutions are located would be lost.

Notably, the OLC opinion does not differentiate grants to Native American or Native Hawaiian and Alaska Native serving institutions from other MSI grantees. The opinion incorrectly lumps these institutions with all MSIs, even as federal law has long recognized that these programs serve categories of students that are not racial but rather political classifications. Notably, 90 percent of Native students enroll in traditional public and private colleges, including NASNTIs and ANNHSIs, and the federal government has a fundamental legal responsibility to Native students’ education that is not based on race but on treaties, statutes, court decisions, and the trust responsibility. Further, last year the Department recognized this “unique political and legal relationship” when it took the position that American Indian, Alaska Native, and Native Hawaiian history is not classified as diversity, equity, and inclusion and pledged to “continue to deliver on all statutory grant programs that support American Indian, Alaska Native, and Native Hawaiian students.” NASNTIs and ANNHSIs are statutorily authorized to receive federal support from the Department to strengthen their capacity to serve American Indian, Alaska Native, and Native Hawaiian students.

Furthermore, this action is inconsistent with the policies of this Administration. Nearly a half dozen agencies have clarified that programs that serve American Indians, Alaska Natives, and Native Hawaiians do not constitute Diversity, Equity, and Inclusion (DEI) activities prohibited by President Trump’s executive orders. Grants supporting Native communities with which the federal government holds trust and treaty obligations do not impose racial quotas or restrict admissions based on race, but rather deliver on the federal trust responsibility to provide an education for American Indians, Alaska Natives, and Native Hawaiians because of their unique legal status and political relationship with the United States.

This decision is yet another example of this Administration attempting to circumvent Congress and its obligations to follow the law. Unilaterally deciding that long-standing programs are unconstitutional, absent a ruling from the judiciary, sets a dangerous precedent and disrupts needed support that colleges and students rely on.

We urge you to allocate Title III and V discretionary and mandatory funds as Congress intended so that these institutions, which educate millions of working-class Americans, can continue to successfully serve every student they enroll and continue to be economic engines for the communities they serve across this nation. Thank you for your attention to this urgent matter.

Sincerely,

WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) released the following statement on the National Transportation Safety Board’s (NTSB) final report into the January 2025 midair collision near Ronald Reagan Washington National Airport (DCA) that killed all 67 people aboard both aircraft:

“We thank the NTSB for its thorough investigation of last year’s horrific crash near DCA that took the lives of 67 people, and for its recommendations on how to make the airspace around DCA safer. We owe it to the families who lost loved ones on January 29, 2025, and all Americans to implement the NTSB’s recommendations to prevent another tragedy. We’re pleased that the House is expected to vote on the Senate-passed ROTOR Act, which addresses some of the systemic failures that led to this crash. But that alone won’t be enough. The NTSB report underscores the risk unsustainable traffic levels at DCA pose—as we have warned for many years. In the coming months, we will be working on legislation to reduce slots at DCA and meet the NTSB’s other safety recommendations.”

WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) along with his colleagues on the Senate Commerce, Science and Transportation Committee passed the FAA SMS Compliance Review Act of 2026. The bill directs the FAA to establish an independent expert review panel to make recommendations for a comprehensive, integrated and effective FAA safety management system (SMS) to better predict, manage and mitigate safety risks across the agency.

“As legislators, we need to do everything in our power to make sure that nothing like last year’s mid-air collision near DCA ever happens again,” said Sen. Warner. “I’m thrilled to see this bill pass out of the Commerce Committee, and I urge my colleagues to swiftly bring this to a vote in the Senate. It is the FAA’s responsibility to keep the flying public safe, and this bill creates a much-needed independent, expert-driven process to identify system-wide safety improvements so that they can be addressed in order to prevent another tragedy.”

In addition to Warner, this bill was sponosred by Sen. Maria Cantwell (D-WA), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Tammy Duckworth (D-IL), Ranking Member of the Subcommittee on Aviation, Space, and Innovation, Ed Markey (D-MA), Jeanne Shaheen (D-NH), Amy Klobuchar (D-MN), Tim Kaine (D-VA), and Peter Welch (D-VT).

“The NTSB has found that the FAA’s weak oversight and failure to act on the safety data it had collected contributed to the tragic mid-air collision near DCA one year ago,” said Sen. Cantwell. “This bill will bring in outside safety experts to recommend how FAA can create an agency-wide Safety Management System that will identify and correct safety risks and prevent future incidents. The bill aligns with NTSB’s call to ensure that FAA’s SMS is effective, employee safety concerns are acted upon, and safety culture at FAA is strengthened.”

“From the deadly DCA crash to the spike in near misses and air traffic control equipment outages, there are too many alarm bells ringing that we must strengthen safety in our aviation system,” said Sen. Duckworth. “It’s the FAA’s job to keep the flying public safe, so it only makes sense that the FAA should be held to the highest standard of safety when it comes to its own policies and procedures. I’m proud that our legislation passed through committee and is now that much closer to ensuring that the FAA is optimizing effectiveness in its work to strengthen aviation safety and protect passengers and crew.”

“Increasingly frequent near-misses and close calls over the last several years—coupled with recent aviation tragedies—are important reminders that we must do more to keep our skies safe, and that all starts at the top with the FAA,”?said Sen. Shaheen.?"By establishing an independent panel of experts to make recommendations for an agency-wide safety management system, our legislation would address long-standing concerns at FAA and help keep the flying public safe. I’m glad to see this important legislation was passed with bipartisan support out of committee.” 

"Families and businesses from Burlington to Seattle rely on the FAA to ensure they reach their destination safely. But missed warning signs and lapses in judgement at the agency have led to unspeakable tragedy and avoidable loss of life—it should never happen again," said Sen. Welch. "We need to ensure there's independent accountability at the FAA to better identify and fix risks to keep Americans safe in our skies."

In his response to the Committee following his nomination hearing, FAA Administrator Bedford expressed support for Ranking Member Cantwell’s longstanding push to ensure a stronger, and more integrated FAA-wide SMS. Administrator Bedford has also expressed support for a stronger FAA SMS as part of FAA’s Flight Plan 2026.

In its preliminary report following the January 29, 2025 mid-air collision near Ronald Reagan Washington National Airport (DCA) between an Army Black Hawk helicopter and a regional commercial jet operating as American Airlines flight 5342 that took the lives of 67 people, the National Transportation Safety Board (NTSB) found the FAA failed to act appropriately in response to safety data pointing to over 15,000 near misses between helicopter and commercial fixed-wing aircraft at DCA during the approximately three-year period leading up to the tragedy.

This has spurred enhanced scrutiny of the efficacy of FAA’s own SMS and whether individual SMS at safety-critical FAA offices – including the Air Traffic Organization and the Aviation Safety Organization – are effective in identifying and correcting safety issues. The expert review panel created by this legislation would examine FAA’s agency-wide SMS as well as the individual SMS of these key FAA offices. The bill would also direct the panel to evaluate the efficacy of FAA employee voluntary safety reporting systems, a key component of a healthy SMS, and a subject highlighted by air traffic controllers during last summer’s NTSB’s investigative hearings on the January 29 mid-air collision, who voiced concerns about their ability to flag safety issues.  

“Safety Management Systems have proven to be an effective tool in aviation, and are now required across the aerospace industry, from airlines to manufacturers. This bill helps ensure that the FAA itself is has an effective SMS that is able to work and interface with its industry counterparts for the benefit of the flying public.” - Dr. Javier De Luis, Lecturer, Department of Aeronautics and Astronautics, Massachusetts Institute of Technology, Organization Designation Authorizations (ODA) Expert Panel Member

"I enthusiastically support this legislation and believe it addresses critical gaps in the FAA's safety management framework. The bill's comprehensive scope reflects a sophisticated understanding of SMS implementation challenges.” - Dr. Najmedin Meshkati, Professor Civil/Environmental Engineering; Industrial and Systems Engineering; USC Aviation Safety and Security Program University of Southern California, Organization Designation Authorizations (ODA) Expert Panel Member

“Frontline aviation maintenance professionals are the backbone of aviation safety. The FAA SMS Compliance Review Act of 2026 reinforces the principle that safety management systems must be trustworthy and dependable for the professionals on the frontlines. When technicians are empowered to report hazards without fear of reprisal, the entire safety system becomes reliable and safer. Strong oversight, protect confidentiality, and a focus on fixing systemic issues—not blaming workers—are essential to a safety culture that truly delivers results.” - Bret Oestreich, National President of Aircraft Mechanics Fraternal Association

"The National Air Traffic Controllers Association (NATCA) thanks Senator Cantwell for introducing the FAA SMS Compliance Review Act of 2026, which, when passed, will result in critical improvements to the FAA’s Safety Management System." - National Air Traffic Controllers Association

"As the frontline operators of our nation’s aviation system, the Allied Pilots Association recognizes that a world-class safety culture must begin at the regulatory level. While the FAA has mandated SMS for airlines and manufacturers, it is essential that the agency itself be held to the same rigorous, data-driven standards. This bill is entirely necessary in ensuring the FAA has the robust internal safety systems necessary to protect the flying public." - First Officer Nick Silva, Allied Pilots Association President

The bill models the successful expert review panel convened due to Section 103 of the 2020 Aircraft Certification, Safety, and Accountability Act, which recommended key safety reforms to FAA and Boeing to strengthen safety culture and aircraft certification and production oversight in the aftermath of the 737 MAX crashes.

“I believe the FAA needs not only a strong workforce strategy to exercise the oversight of the manufacturers to ensure proper implementation of SMS,” said Sen. Cantwell, before asking the panel: “What SMS should the FAA implement in their own house to make sure that they are improving the safety culture and standing up on these important safety measures?”

In response, Dr. Najmedin Meshkati recommended the establishment of a specific expert panel to review the effectiveness of the FAA’s implementation of its own SMS.

The full bill text is here and a section by section is here.

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