WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Finance Committee, released a statement regarding the nomination of Xavier Becerra to be Secretary of Health and Human Services. Sen. Warner was unable to attend the nomination hearing for Becerra earlier today in the Finance Committee, as he was attending a meeting at the White House with President Biden on supply chain security. 

“Our next HHS Secretary will need to prioritize combatting the COVID-19 pandemic and building a health care system that’s better and more affordable for every American – something I stressed to Attorney General Becerra when we met privately earlier this year,” said Sen. Warner. “During that meeting we discussed his plans to implement a national strategy to combat COVID-19, reduce health care costs, increase access to affordable health care coverage, and address racial health disparities.”

“I am confident that if confirmed, Secretary Becerra would bring an important perspective to the Department – one that is reflective of Virginia’s diversity. I look forward to supporting his nomination on the Senate floor.”

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WASHINGTON – U.S. Senators Mark Warner (D-VA) and Marco Rubio (R-FL) reintroduced the Air America Act of 2021, bipartisan and bicameral legislation that would provide Air America employees federal retirement credit they earned. The legislation, first introduced by Warner and Rubio in July 2020, is identical to an amendment that Sen. Rubio filed to the Fiscal Year 2020 National Defense Authorization Act, and continues the Senator’s support for these Americans.

“I am proud to cosponsor this bill with Senator Rubio that will provide long-overdue recognition and retirement benefits to the brave men and women who flew for Air America,” Warner said. “Air Americans were instrumental to the U.S. war effort in Vietnam and Southeast Asia, courageously supporting troops, rescuing downed American pilots and sustaining casualties in the service of their country. Air America was on call until the very end of the war, including flying the last helicopters out of Saigon where they evacuated Vietnamese civilians and the U.S. Embassy. It is time they be honored with the recognition they deserve, and the grateful thanks of a nation.”

“The brave men and women employed by Air America who conducted operations during the Cold War, Korean War, and Vietnam War were critical to U.S. efforts,” Rubio said. “I’m proud to partner with Senator Warner, and our colleagues, to ensure that these Americans receive the long-overdue honor and recognition they deserve.”

Joining Warner and Rubio as cosponsors of the legislation are Senators Chuck Schumer (D-NY), Kirsten Gillibrand (D-NY), Jeanne Shaheen (D-NH), Dianne Feinstein (D-CA), Patty Murray (D-WA), John Cornyn (R-TX), Jacky Rosen (D-NV), Amy Klobuchar (D-MN), Mike Braun (R-IN), Bob Menendez (D-NJ), Ben Cardin (D-MD), Mike Rounds (R-SD), Bob Casey (D-PA), Chris Van Hollen (D-MD), Tina Smith (D-NM), Cory Booker (D-NJ), Mazie Hirono (D-HI), Bill Cassidy (R-LA), Josh Hawley (R-MO), Kyrsten Sinema (D-AZ), Joe Manchin (D-WV), Dick Durbin (D-IL), Catherine Cortez Masto (D-NV), Tammy Baldwin (D-WI), Jon Tester (D-MT), Tom Cotton (R-AR), and Alex Padilla (D-CA).

Representative Glenn Grothman (R-WI), and Carolyn Maloney (D-NY) introduced similar legislation in the House of Representatives.

Background: Air America was a wholly government-owned and operated corporation that conducted operations during the Cold War, Korean War, and Vietnam War. Their employees worked under the direct policy guidance of the White House, Department of Defense, and the Department of State while under the management of the Central Intelligence Agency (CIA).

Air America employed several hundred U.S. citizens, mainly flight crew members, and approximately 286 were killed in the line of duty while conducting covert operations in designated war zones. The last helicopter mission that rescued personnel from the rooftops in Saigon in 1975 was planned and executed by Air America and the United States Marine Corps.

Since 2009, the declassification of CIA Agency documents confirmed that Air Americans were employees of the U.S. Government at the time of their service and entitled to federal retirement credit based on the circumstances of their employment. Congress has maintained its interest in resolving the retirement situation of Air American employees for more than 15 years. During this process, the Office of Personnel Management, the Merit Systems Protection Board, the CIA and the Director of National Intelligence have all concluded that congressional action is required.

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WASHINGTON – Today, the Senate Rules Committee and Homeland Security and Governmental Affairs Committee convened the first congressional hearing examining the security failures that enabled a mob supporting former President Donald Trump to overrun the U.S. Capitol on January 6. At the hearing, senators heard testimony from four officials, three of whom resigned following the attack: former Senate Sergeant-at-Arms Michael Stenger, former House Sergeant-at-Arms Paul Irving, former U.S. Capitol Police Chief (USCP) Steven Sund and Robert Contee, acting chief of the Metropolitan Police Department (MPD). 

In the hearing, Sen. Warner – a senior member of the Rules Committee – questioned the witnesses about whether the response to the security breach was delayed due to D.C.’s status as a non-state. While the National Guard in other states and territories can be called up by the governor, D.C. Mayor Muriel Bowser lacked authority on January 6 to mobilize the D.C. National Guard in defense of the Capitol. Instead, the D.C. National Guard is placed under the authority of the President of the United States. The commander of the D.C. National Guard, Maj. Gen. William J. Walker, has told the press that the Pentagon restricted his authority ahead of the mob invasion, and MPD acting Chief Robert Contee testified today that he was shocked by the administration’s “reluctance” on January 6 to approve the deployment of D.C. National Guard troops to quell the violence – resulting in a delay of several hours before troops arrived at the Capitol to restore order. 

“I feel like the long-term discrimination against the District – and we’ve seen it in some of the COVID legislation where they did not receive the same kind of level of support that other states did – we saw it play out in real time on January 6, the hurdles from the previous administration. I have concerns that deployment of the Guard was affirmatively slowed down,” Sen. Warner said at today’s hearing. “As a supporter of D.C. statehood, I would like to see that move forward. But even short of that, trying to ensure that the mayor has appropriate powers going forward.”

Sen. Warner is an original co-sponsor of the Washington, D.C. Admission Act, legislation to make the District of Columbia the 51^st state. He is also an original co-sponsor of the District of Columbia National Guard Home Rule Act, legislation to grant the District of Columbia full control over the D.C. National Guard and the Metropolitan Police Department.

At today’s hearing, the senators also heard a terrifying and moving firsthand account of the January 6 attack from USCP Captain Carneysha Mendoza.

At the hearing, Sen. Warner, the Chairman of the Senate Select Committee on Intelligence, also questioned whether the Federal Bureau of Investigation (FBI) was adequately sharing threat information with D.C. and Capitol police ahead of January 6. According to press reports, the FBI field office in Norfolk issued a field bulletin on January 5 warning of the potential for violence on January 6, but former USCP chief Sund testified today that he learned of the report only after the attack.

“I had a number of conversations [with the FBI ahead of January 6.] I called Director Wray on Monday the 4^th, trying to express concerns that there might be this kind of activity. I never expected this level of violence. I had a number of conversations with senior FBI leadership on the 5^th through the 6^th. Candidly, I don’t think even the full FBI could have been fully informed of what was going to come to pass – but I felt like the FBI felt that they were in better shape in terms of intel and preparation than what came to be the case,” Sen. Warner said today.

Sen. Warner concluded, “Let me just say that my concern is that, in Virginia, we’ve seen these kind of anti-government extremists take to the streets in Charlottesville in 2017, resulting in the death of Heather Heyer. We’ve seen the same kind of groups come to the forefront on January 6. I think this is an ongoing threat to national security. I feel at times that, while the FBI and others have pointed this out, that it didn’t get the level of serious review that it should have with the prior administration. I know I felt at times that they did not want to take the information that was coming out of the FBI. I hope on a going-forward basis we’re going to be able to be more coordinated in terms of taking on anti-government extremism, whether it comes from the left or the right. This is a real, ongoing threat. I can tell you from our Intelligence Committee, that we’ve seen that many of these groups have connections and ties to anti-government extremist groups in Europe.”

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $179,010,000 in federal funding from the U.S. Department of Homeland Security (DHS)’s Federal Emergency Management Agency (FEMA) to support COVID-19 vaccine distribution in Virginia.

“As our nation mourns 500,000 lives lost to the COVID-19 pandemic, the need to distribute the vaccine is more urgent than ever,” said the Senators. “We are glad to announce that this funding will provide increased support to distribute vaccines equitably throughout the Commonwealth, and we remain committed to ensuring that every Virginian has access to the vaccine as quickly as possible.”

This funding, awarded through FEMA’s Public Assistance Program, will be overseen and distributed by the Virginia Department of Emergency Management (VDEM). It can be used to support efforts to store, transport, secure, handle, announce, and administer the COVID-19 vaccine throughout the Commonwealth.   

The most recent COVID-19 package negotiated by Sen. Warner and supported by both senators included $19 billion for vaccines and therapeutics and $8.75 billion for states for vaccine distribution.   

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) are now accepting applications for the position of U.S. District Judge for the Western District of Virginia to succeed U.S. District Judge James P. Jones, who will assume senior status effective August 30, 2021. An independent panel of lawyers assembled by the Senators will review applications and interview qualified individuals. The Senators will then use those recommendations, as well as input from bar associations and experts, as they consider potential nominees to recommend to the President. The White House will then nominate an individual to be considered by the Senate Judiciary Committee. The nomination is subject to confirmation by the full Senate.

Interested applicants should visit Senator Warner’s website for application instructions. The application period will close on March 8, 2021.

WASHINGTON – U.S. Sen. Mark R. Warner, Chairman of the Senate Select Committee on Intelligence, today requested information from the Federal Bureau of Investigation (FBI) and the Environmental Protection Agency (EPA) following a cyber incident in which hackers remotely breached a Florida water treatment plant and sought to dramatically alter water chemical levels in a move that could have poisoned thousands of residents.  

“The security and integrity of our critical infrastructure is of utmost importance. The Cybersecurity & Infrastructure Security Agency (CISA) states that 80% of the United States receives potable water from approximately 153,000 public drinking water systems, and any type of attack, including a cyber attack, could result in ‘illnesses or casualties and/or a denial of service that would also impact public health and economic vitality,’” wrote Sen. Warner in a letter to the Assistant Director of the FBI and the Acting Assistant Administrator at the EPA. “This incident has implications beyond the 15,000-person town of Oldsmar. While the Oldsmar water treatment facility incident was detected with sufficient time to mitigate serious risks to the citizens of Oldsmar, and appears to have been identified as the result of a diligent employee monitoring this facility’s operations, future compromises of this nature may not be detected in time.”

He continued, “The Federal Government must ensure we are taking all precautions to keep drinking water safe for Americans. Designated as one of the 16 infrastructure sectors critical to national security under the Presidential Policy Directive 21 (PPD-21), we must protect water facilities from cyber and other compromises.” 

On February 5, a water treatment facility in Oldsmar, Florida was accessed remotely by hackers, who increased sodium hydroxide levels from 100 parts per million to 11,100 parts per million, a dangerous amount that could have sickened town residents, had the attack gone unnoticed by a plant employee.

In his letter, Sen. Warner requested a progress update on the FBI’s investigation into this incident. He also asked for an EPA review into whether the Oldsmar water treatment facility was compliant with the most recent Water and Wastewater Sector-Specific Plan, and whether that plan needs to be updated to confront similar risks. Additionally, Sen. Warner inquired about any plans to share timely threat information related to this incident with water and wastewater facilities, and other critical infrastructure providers.

Sen. Warner, a former technology executive, is the co-founder and co-chair of the bipartisan Senate Cybersecurity Caucus. Throughout the COVID-19 crisis, he has fought for increased cybersecurity measures commensurate with Americans’ increased reliance on remote work. Among other measures, Sen. Warner has advocated for increased funding to modernize federal information technology, urged internet networking device vendors to ensure the security of their products, and pressed cybersecurity officials to bolster defenses against cybersecurity attacks. 

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

 

Dear Mr. Gorham and Ms. Fox,

I am writing to request information about reports of a serious security compromise of a water treatment plant in Oldsmar, Florida on February 5, 2021.  The security and integrity of our critical infrastructure is of utmost importance.  The Cybersecurity & Infrastructure Security Agency (CISA) states that 80% of the United States receives potable water from approximately 153,000 public drinking water systems, and any type of attack, including a cyber attack, could result in “illnesses or casualties and/or a denial of service that would also impact public health and economic vitality.”^[i]  Additionally, other critical infrastructure sectors such as healthcare, emergency services, energy, food and agriculture, and transportation systems depend on the cyber resilience of water facilities.^[ii]

According to information released by the Pinellas County Sheriff’s Office, the Oldsmar water treatment facility was accessed remotely by an unauthorized entity, who increased the amount of sodium hydroxide in the potable water supply to a dangerous level.^[iii]  Given the consequences of a successful compromise of this kind, and the broader security weaknesses this unsuccessful attempt may illustrate within critical infrastructure sectors reliant on similar industrial control systems, I would request first, to be informed of the progress of the FBI’s investigation of the incident; second, a review by the Environmental Protection Agency into whether the Oldsmar water treatment facility was compliant with the most recent Water and Wastewater Sector-Specific Plan, and whether that plan, most recently updated in 2015, needs to be updated to confront similar risks; and third, to confirm the Federal Government is sharing timely threat information related to this incident with water and wastewater facilities, and other critical infrastructure providers across the United States.

This incident has implications beyond the 15,000-person town of Oldsmar.  While the Oldsmar water treatment facility incident was detected with sufficient time to mitigate serious risks to the citizens of Oldsmar, and appears to have been identified as the result of a diligent employee monitoring this facility’s operations, future compromises of this nature may not be detected in time.  The Federal Government must ensure we are taking all precautions to keep drinking water safe for Americans.  Designated as one of the 16 infrastructure sectors critical to national security under the Presidential Policy Directive 21 (PPD-21), we must protect water facilities from cyber and other compromises.  

Please coordinate with my office to provide updates on the investigation of the incident, as well as efforts underway to avoid future compromises on water facilities in the United States.

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) released the following statement after voting to convict in the impeachment trial of former President Donald J. Trump:

“The evidence presented by the managers in this case was overwhelming: Donald Trump used the platform of the presidency to incite a violent insurrection against the seat of our democracy that led to multiple deaths. These are the most serious charges ever levied against a U.S. president, and with good reason. 

“While the Senate failed to achieve the two-thirds majority needed to convict Trump and bar him from future office, a bipartisan majority of Senators voted today to send a clear message to future presidents that conduct of this nature is impeachable, intolerable and disqualifying. When the history books on this moment are written, I believe that judgment will be clear.” 

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WASHINGTON – Today U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) sent a letter to the Biden administration in support of Virginia’s request to reverse the previous administration’s decision to deny Virginia’s emergency declaration under the Stafford Act. Without the emergency declaration, Virginia will have to cover millions in unanticipated costs related to deploying the Virginia National Guard to support securing the United States Capitol during the deadly January 6 riots and through the presidential inauguration. 

“We write today in strong support of the Commonwealth of Virginia’s request for an emergency declaration under the provisions of Section 501 (a) of the Robert T. Stafford Disaster and Emergency Assistance Act (Stafford Act). This request was made by the Commonwealth due to potential civil unrest associated with the 59^th Presidential Inauguration, anticipated demonstration activities in Richmond, Virginia, and other related events from January 6, 2021 to February 4, 2021,” wrote the Senators to President Joe Biden. 

On January 6, Virginia declared a state of emergency in order to send nearly 3,000 members of the National Guard for critically needed support to D.C. during the deadly riots at the United States Capitol by President Trump’s supporters. Additionally, with warnings of planned protests at state Capitols across the country leading up to the inauguration and in anticipation of Virginia’s annual “Lobby Day” in Richmond, Virginia National Guard presence was maintained to ensure safety and security. However, on January 17, the Federal Emergency Management Agency (FEMA) denied Governor Northam’s request to declare a state of emergency under the Stafford Act and denied federal reimbursement for actions taken by Virginia to support securing the Capitol through inauguration.

“In light of Virginia’s critical role in providing support during this period of increased civil unrest, we urge you to approve the Commonwealth’s appeal for an emergency declaration and direct federal assistance with a 100 percent reimbursement. It is evident the Commonwealth’s response to these unprecedented events was instrumental in saving lives, protecting property, and ensuring public safety. These actions came at substantial cost to the Commonwealth and supplementary Federal assistance is necessary to complete this effort,” they concluded.

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

 

Dear President Biden:       

We write today in strong support of the Commonwealth of Virginia’s request for an emergency declaration under the provisions of Section 501 (a) of the Robert T. Stafford Disaster and Emergency Assistance Act (Stafford Act). This request was made by the Commonwealth due to potential civil unrest associated with the 59^th Presidential Inauguration, anticipated demonstration activities in Richmond, Virginia, and other related events from January 6, 2021 to February 4, 2021.

On January 14, 2021, Virginia Governor Ralph Northam requested emergency protective measures, including direct Federal assistance, under the Public Assistance program at 100 percent Federal funding for the Commonwealth in light of the unprecedented security environment surrounding the 59^th Presidential Inauguration and the potential for further civil unrest in the District of Columbia and Commonwealth of Virginia. Shockingly, on January 17, 2021, the Federal Emergency Management Agency (FEMA) rejected this request – along with a similar request from the State of Maryland.

We firmly believe that a declaration of emergency is merited and necessary. In response to the attack on the United States Capitol, Virginia law enforcement personnel responded quickly to help secure the Capitol from violent insurrectionists. Nearly 3000 Virginia National Guard personnel were deployed to the District of Columbia to provide security for the 59^th Presidential Inauguration and related events. In addition to Virginia’s role in increasing the security posture of the Nation’s Capital, protest activities with an elevated of risk of violence required the Commonwealth to prepare and respond to emergencies beyond the National Capital Region, particularly in Richmond, Virginia.

In light of Virginia’s critical role in providing support during this period of increased civil unrest, we urge you to approve the Commonwealth’s appeal for an emergency declaration and direct federal assistance with a 100 percent reimbursement. It is evident the Commonwealth’s response to these unprecedented events was instrumental in saving lives, protecting property, and ensuring public safety. These actions came at substantial cost to the Commonwealth and supplementary Federal assistance is necessary to complete this effort.

Thank you for your attention to this matter.                                                                  

Sincerely, 

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WASHINGTON - Today, U.S. Sen. Mark R. Warner (D-Va.) joined Senate Finance Committee Chair Ron Wyden, D-Ore., Senator Sherrod Brown, D-Ohio, and Senator Catherine Cortez Masto, D-Nev., in introducing legislation that would establish one set of technology and security capabilities for state unemployment offices.

“At a moment like this, the financial wellbeing of so many families across Virginia and throughout the nation hinges on the ability of state unemployment agencies to process benefits with efficiency and precision,” Warner, a former technology entrepreneur, said. “This legislation will harness the power of technology to bring unemployment agencies into the 21st century, improving user experience and establishing strong cybersecurity measures.” 

“While enhanced jobless benefits have enabled millions and millions of families to pay the rent and buy groceries, many states have been unable to get benefits out the door in a timely manner. I have heard story after story from Oregonians who have spent months trying to get their jobless benefits. That’s completely unacceptable when families are depending on these benefits to keep a roof over their heads,” Wyden said. “My bill requires a complete overhaul of unemployment insurance technology, and paves the way for one website to apply for jobless benefits, not 53. The bill also requires minimum standards for accessibility and equity. Black and Hispanic workers have been far less likely to access benefits, even though they have been far more likely to lose their jobs during this crisis because they work in the hardest-hit industries. Congress must not allow another recession to come and go without reforming our unemployment insurance system, and that starts with an overhaul of technology.”

“This bill would provide the tools and support Ohio needs to update its program and make it easier for Ohioans to access the unemployment benefits they are entitled to,” Brown said. “It’s been far too long since the program got the updates it needs.”

“Nevada still has one of the highest unemployment rates in the country, with many of its workers still out of work in hard-hit industries like hospitality, and thousands of Nevadans continue to rely on jobless benefits to help support their families,” Cortez Masto said. “I am proud to support a policy that provides resources essential to delivering a more efficient and accessible unemployment system that will ensure Nevadans, and Americans across the country, can access the help they need when they need it.” 

The Unemployment Insurance Technology Modernization Act: 

• Requires the Department of Labor to work with the technology experts to develop, operate and maintain a modular set of technology capabilities to modernize unemployment compensation technology. 
  • States will be able to use all of the capabilities or choose to use only those capabilities that meet their needs.
  • The updated technology will help states ensure timely and accurate delivery of payments and better identify fraudulent claims.
• Prioritizes user experience, including by requiring consultation and testing with claimants, employers, State workforce agency staff and other users.
• Requires a study to evaluate unemployment insurance technology needs, with an emphasis on program accessibility and equity.
• Establishes a new Department of Labor Digital Services Team to expand the Department’s ability to assist states with technological issues.
• Ensures the use of best practices in cybersecurity, procurement and transparency during and after the development of the technology capabilities.
• Includes the accessibility requirements for online claim-filing systems from Senator Wyden’s Unemployment Insurance Technology and Accessibility Act.
• Includes provisions from Senator Wyden’s Algorithmic Accountability Act to ensure that the new technology capabilities do not rely on automated decision systems that may produce biased results without impact assessments and public input.

Bill text is available here. 

Statements of Support

Andrew Stettner, Senior Fellow, The Century Foundation: “The COVID19 pandemic has exposed serious deficiencies in the technology used to process unemployment insurance (UI) claims, deficiencies that are causing unacceptable delays in payments. The good news is, we can fix these UI tech challenges. I commend Senator Wyden for developing a truly national solution that can be utilized by multiple states, embedded with sound principles of user-centered design, civil rights, and protections against algorithmic bias.”

Arnab Datta, Employ America, Senior Legislative Counsel: “The COVID crisis has underscored the fact that our macroeconomic policy response can only be as effective as the infrastructure administering it. The Unemployment Insurance Technology Modernization Act will importantly invest in federal technology systems and staff, ensuring equity across state lines. Investing in a federal, modern UI system will ensure timely benefit payments and application processing will provide large and tangible benefits for workers, employers, and the macroeconomy. Senator Wyden’s emphasis on accessibility and equity and commitment to centering jobless workers’ experiences and needs is commendable, and we’re proud he’s tackling these issues head-on. This proposal is a positive step forward towards long-overdue infrastructure developments for unemployment insurance. We hope Congress will strongly consider this bill.”

Judy Conti, Government Affairs Director, the National Employment Law Project: “NELP commends the senators for introducing this bill that is well designed to help make crucial improvements to unemployment insurance programs across the country. Unemployed workers across the country have paid a terrible price during this pandemic and recession for the shameful neglect of UI infrastructure over the past few decades. It would be nothing short of immoral for us to fail to learn our lesson and make necessary corrections before the next crisis hits. We thank Senator Wyden for his foresight and leadership and look forward to working with him to make sure this bill is signed into law.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) raised concern with the Internal Revenue Service (IRS) after hearing from an alarming number of Virginians who have yet to receive their second economic impact payment (EIP) or long-awaited tax return. These troubling delays come as millions of Americans find themselves in desperate need of a financial lifeline after continuing to face economic hardship due to the COVID-19 crisis.

“I am deeply appreciative of the Internal Revenue Service’s (IRS) work during the pandemic. The agency has delivered hundreds of millions of EIPs to Americans, all while managing the risks associated with COVID-19 and the need to protect our public servants at the IRS,” wrote Sen. Warner in his letter to Treasury Secretary Janet Yellen and IRS Charles Commissioner Rettig.“However, while the IRS has made an effort to provide timely and updated information on their website, my constituents continue to be frustrated with their inability to navigate some of the issues that are delaying their tax refunds and their second round of EIPs.”

As of November 19, 2020, there were an estimated 3.3 million pieces of unopened mail – including 1.6 million tax returns – at the IRS’ four Submission Processing Centers.

Currently, taxpayers who do not receive their economic impact payment must claim these funds by filing a tax return. This threatens to further delay needed payments, and poses a particularly burdensome problem for Social Security recipients and other vulnerable populations, who may be forced to file a tax return despite not normally having a tax filing obligation. 

In his letter, Sen. Warner also stressed the IRS’ responsibility to process individual tax returns and issue refunds as quickly as possible. In order to further understand the ongoing situation, Sen. Warner asked for answers to the following series of questions: 

1. What is the current IRS backlog of paper tax returns and correspondence specifically at the Kansas City, MO location where Virginians’ tax returns are processed? When does the IRS project it will be finished processing the backlog? Can the IRS commit to providing more frequent updates on the backlog?
2. As the nation continues to work through the effects of the COVID-19 pandemic, what steps is the agency taking to prepare for the upcoming tax filing season and to process all returns, whether filed electronically or by U.S. Mail, as quickly as possible?
3. For taxpayers who have filed their Forms 1095-A and 8962, when can they expect to have that form processed by the IRS?
4. For the second EIP, how many payments have been successfully delivered?  How many payments have been returned to the IRS? Why are some constituents who received the first EIP now having issues accessing the second? 

During the COVID-19 crisis, Sen. Warner has been a strong advocate for Virginians, working to ensure that they get the funds to which they are entitled. Last April, he pressed the Treasury Department to ensure that families who are not normally required to file taxes do not need to wait until the following year to receive the additional $500 payment per dependent child that they were promised. He also successfully pushed the Treasury Department to allow Social Security recipients to automatically receive CARES Act direct cash assistance without needing to file a tax return.

Text of the letter is available here and below. 

 

Dear Secretary Yellen and Commissioner Rettig,

I write today to express my concern with the alarming number of my constituents who have not received their long-awaited tax refund or the second economic impact payment (EIP). As you are well aware, millions of Americans are facing economic hardships and are desperately in need of these funds to help make ends meet. 

I am deeply appreciative of the Internal Revenue Service’s (IRS) work during the pandemic. The agency has delivered hundreds of millions of EIPs to Americans, all while managing the risks associated with COVID-19 and the need to protect our public servants at the IRS. I applaud your responsiveness to Congress and the agency’s focus on delivering vital assistance to Americans in dire need of support. However, while the IRS has made an effort to provide timely and updated information on their website, my constituents continue to be frustrated with their inability to navigate some of the issues that are delaying their tax refunds and their second round of EIPs.

I understand that as of November 7, 2020, there were approximately 6.8 million individual paper return in various processing stages at the four Submission Processing Centers.  Commissioner Rettig stated in his November 19, 2020, letter to my office that there were “an estimated 3.3 million pieces of unopened mail at these four locations, including 1.6 million tax returns.”

Since the November 19, 2020 letter from Commissioner Rettig, I have continued to hear from constituents that still have not had their 2019 tax returns processed or received their refunds. In addition, my constituents report that they have not received their second EIP despite many of these constituents reporting that they received their previous payment via direct deposit, and the agency’s Get My Payment Tool indicates their payment was authorized and mailed on January 6, 2021. Because taxpayers who do not receive their EIP must claim their payment by filing a tax return and claiming the Recovery Rebate Credit, many taxpayers face the possibility of even lengthier waits to receive their payment, including many who do not normally have a tax filing obligation. As you know, this population includes Social Security recipients and the most vulnerable in our county. 

In addition, constituents continue to indicate that they are not receiving refunds due to lags in processing Health Insurance Marketplace Statements (Form 1095-A) and Premium Tax Credits (Form 8962), which are required if they receive their healthcare from the Affordable Care Act marketplace.

I appreciate the enormity of the challenges that the agency faces in trying to conduct its work while keeping its workers safe from COVID-19. However, the agency has a responsibility to process individual tax returns and issue all refunds that taxpayers are entitled to as quickly as possible and to be as communicative as possible.

To help me respond adequately to my constituents, please answer the following questions:

1. What is the current IRS backlog of paper tax returns and correspondence specifically at the Kansas City, MO location where Virginians’ tax returns are processed? When does the IRS project it will be finished processing the backlog? Can the IRS commit to providing more frequent updates on the backlog?
2. As the nation continues to work through the effects of the COVID-19 pandemic, what steps is the agency taking to prepare for the upcoming tax filing season and to process all returns, whether filed electronically or by U.S. Mail, as quickly as possible?
3. For taxpayers who have filed their Forms 1095-A and 8962, when can they expect to have that form processed by the IRS?
4. For the second EIP, how many payments have been successfully delivered?  How many payments have been returned to the IRS? Why are some constituents who received the first EIP now having issues accessing the second?

I know the IRS is working diligently to serve the American people, and I welcome our continued collaboration to help Americans across the country. Thank you for your attention to this important issue.

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WASHINGTON - Today, U.S. Sens. Mark R. Warner (D-Va.) joined Sens. Michael Bennet (D-Colo.), Ben Ray Luján (D-N.M.), Amy Klobuchar (D-Minn.) and 26 of their Senate colleagues  in requesting additional resources to support the mental health of employees working in the U.S. Capitol complex. Following the insurrection on January 6, 2021, demand for existing mental health programs has surged, leaving many workers in the Capitol complex, including janitorial staff and members of the press, without additional resources to help them cope with any trauma they may have experienced related to the attack on the Capitol.