WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Committee on Banking, Housing, and Urban Affairs, and U.S. Sen. Sherrod Brown (D-OH), chairman of the committee, today called on the Securities and Exchange Commission (SEC) to require companies to report on how many workers they employ who are not classified as full-time employees, including independent and subcontracted workers.

“We believe that the disclosure of this data is critical to fully capture companies’ human capital management. We applaud the SEC for focusing on strengthening human capital disclosures as part of its regulatory agenda,” wrote the senators in a letter to SEC Chairman Gary Gensler. “It is clear that investors need more information to understand how companies treat people, the most critical asset of any company. We agree that investors need disclosures that include quantifiable and comparable datasets that clearly articulate a company’s human capital management, such as metrics on turnover, skills and development training, compensation, benefits, workforce demographic, and health and safety… That picture would be wholly incomplete, however, if companies are not required to disclose information about the number of independent contractors they use on a regular basis and the entire workforce that is material to their business strategy.”

Examples of subcontracted out workers considered part of the material workforce include security personnel, janitors, food service workers, housekeepers for hotels and lodging real estate investment trusts (REIT), and custodial workers.

“In recent decades, companies have replaced in-house operations with contracting, on-demand work, or other forms of independent and contracted work that lower short-term costs for the business but come at the expense of workers, who receive fewer benefits, lower wages, and have less upward mobility within the organization. This is one of the defining tensions that has emerged as companies have prioritized short-term profits at the expense of investments in their workforce and long-term productivity. As you know, these decisions have material effects on a business’ financial performance,” the senators noted.

Concluded the senators, “We appreciate the SEC is working towards the shared goal of ensuring that investors and shareholders have the information they need to understand companies’ human capital management, a critical piece of understanding a company’s performance as well as potential long-term, systemic risks to the U.S. economy. We urge you to ensure that future SEC rulemaking captures this long-term trend of companies’ increasing use of outsourcing, independent contractors, and subcontracting, which will be a critical data point in understanding companies’ human capital management.”

Sen. Warner, a former entrepreneur and venture capitalist, has long stressed the importance of updating human capital disclosure requirements to reflect the priorities of modern companies. In May, Sen. Warner introduced the Workforce Investment Disclosure Act, which would require public companies to disclose basic human capital metrics, including workforce turnover rates, skills and development training, workforce health and safety, workforce engagement, and compensation statistics.

A full copy of the letter is available here and below.

Dear Chairman Gensler:

We are writing to urge the Securities and Exchange Commission (SEC) to ensure that, as part of its agenda to improve human capital disclosure, companies report on the numbers of their workers who are not classified as full-time employees, including independent contractors, as well as the entire workforce that is material to the company and its investors (the “material workforce”) such as subcontracted workers. We believe that the disclosure of this data is critical to fully capture companies’ human capital management.

We applaud the SEC for focusing on strengthening human capital disclosures as part of its regulatory agenda. It is clear that investors need more information to understand how companies treat people, the most critical asset of any company. We agree that investors need disclosures that include quantifiable and comparable datasets that clearly articulate a company’s human capital management, such as metrics on turnover, skills and development training, compensation, benefits, workforce demographic, and health and safety. As you have indicated in prior remarks, “Large and small investors, representing literally tens of trillions of dollars, are looking for consistent, comparable, and decision-useful disclosures in these areas to determine whether to invest, sell, or make a voting decision one way or another.”

That picture would be wholly incomplete, however, if companies are not required to disclose information about the number of independent contractors they use on a regular basis and the entire workforce that is material to their business strategy. Examples of subcontracted out workers that should be considered part of the material workforce include security personnel, janitors, food service workers, housekeepers for hotels and lodging real estate investment trusts (REIT), and custodial workers. In recent decades, companies have replaced in-house operations with contracting, on-demand work, or other forms of independent and contracted work that lower short-term costs for the business but come at the expense of workers, who receive fewer benefits, lower wages, and have less upward mobility within the organization. This is one of the defining tensions that has emerged as companies have prioritized short-term profits at the expense of investments in their workforce and long-term productivity. As you know, these decisions have material effects on a business’ financial performance. 

We appreciate the SEC is working towards the shared goal of ensuring that investors and shareholders have the information they need to understand companies’ human capital management, a critical piece of understanding a company’s performance as well as potential long-term, systemic risks to the U.S. economy. We urge you to ensure that future SEC rulemaking captures this long-term trend of companies’ increasing use of outsourcing, independent contractors, and subcontracting, which will be a critical data point in understanding companies’ human capital management. 

Thank you for your attention to this important matter.

WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), a member of the Senate Committee on Banking, Housing and Urban Affairs, released the below statement following a hearing on the nominations of the Honorable Sarah Bloom Raskin for Federal Reserve Vice Chair for Supervision and Dr. Lisa Cook and Dr. Philip Jefferson for Governors of the Federal Reserve:

“As our economy continues to recover, we need leaders at the Federal Reserve who will ensure stability in our central banking system and work to combat the effects of inflation driven by challenges in the global supply chain. Sarah Bloom Raskin, Lisa Cook and Philip Jefferson have long and varied experiences that make them ideal nominees for the Federal Reserve and I look forward working with them to make sure our economic recovery lifts up all of our communities.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued the following statement today:

“Nothing is more important than ensuring that we protect and care for those individuals who risk their lives on our behalf. As we seek to understand the source and causes of these anomalous health incidents (AHIs), I welcome the findings and recommendations of the outside experts assembled by the intelligence community. I am glad that the Biden administration has been treating this issue with the seriousness it deserves, and has moved to implement the provisions in the National Defense Authorization Act for Fiscal Year 2022 requiring a point person to be appointed at each relevant agency to coordinate the government’s efforts to address this challenge. Today’s findings underscore the need to continue investigating the source of these symptoms, and prioritizing access to care for those suffering from these medical conditions.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) joined a bipartisan and bicameral group of lawmakers in calling for the extension of expanded coverage of telehealth services to be included in must-pass legislation in February. Provisions from the CONNECT for Health Act, reintroduced by Sen. Warner in April 2021, were included in previous COVID-19 relief legislation to allow Medicare beneficiaries to utilize telehealth services and to expand the types of health care providers eligible to provide telehealth. However, these provisions will expire following the pandemic unless congressional leaders act to extend those measures or make them permanent.

“We strongly support permanently expanding Medicare coverage of telehealth and removing other barriers to the use of telehealth because of its ability to expand access to care, reduce costs, and improve health outcomes. While Congress prepares to enact permanent telehealth legislation, we urge you to include an extension of the pandemic telehealth authorities in must-pass government funding legislation in February,” the lawmakers wrote in a letter to Senate Majority Leader Chuck Schumer (D-NY), House Speaker Nancy Pelosi (D-CA), Senate Minority Leader Mitch McConnell (R-KY), and House Minority Leader Kevin McCarthy (R-CA).

Sen. Warner was an original co-sponsor of the 2016 Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act and has been a longtime advocate for the expansion of telehealth in order to ease access to healthcare. In June 2020, Sen. Warner called for the permanent expansion of telehealth services in a letter to congressional leadership. Before the COVID-19 pandemic, Sen. Warner included a provision to expand telehealth services for substance abuse treatment in the Opioid Crisis Response Act of 2018. In 2003, then-Gov. Warner expanded Medicaid coverage for telemedicine statewide, including evaluation and management visits, a range of individual psychotherapies, the full range of consultations, and some clinical services, including in cardiology and obstetrics. Coverage was also expanded to include non-physician providers. Among other benefits, the telehealth expansion allowed individuals in medically underserved and remote areas of Virginia to access quality specialty care that isn’t always available at home.

In addition to Sen. Warner, the letter was also signed by U.S. Sens. Brian Schatz (D-HI), Roger Wicker (R-MS), Ben Cardin (D-MD), Cindy Hyde-Smith (R-MS), Marco Rubio (R-FL), Kyrsten Sinema (D-AZ), Kevin Cramer (R-ND), Dianne Feinstein (D-CA), Jerry Moran (R-KS), Jon Tester (D-MT), Thom Tillis (R-NC), Elizabeth Warren (D-MA), Lisa Murkowski (R-AK), Angus King (I-ME), Cynthia Lummis (R-WY.), Tina Smith (D-MN), Rob Portman (R-OH), Chris Murphy (D-CT), Deb Fischer (R-NE), Ben Ray Luján (D-NM), John Boozman (R-AR), Chris Van Hollen (D-MD), Roger Marshall (R-KS), Mark Kelly (D-AZ), Mike Rounds (R-SD), Maggie Hassan (D-NH), Marsha Blackburn (R-TN), Jacky Rosen (D-NV), Lindsey Graham (R-SC), Sheldon Whitehouse (D-RI), Tammy Duckworth (D-IL), Jeanne Shaheen (D-NH), Martin Heinrich (D-NM) Bernie Sanders (I-VT), and Amy Klobuchar (D-MN) and U.S. Representatives Mike Thompson (D-CA), David Schweikert (R-AZ), Bill Johnson (R-OH), Doris Matsui (D-CA), Peter Welch (D-VT), James Langevin (D-RI), Cheri Bustos (D-IL), Don Bacon (R-NE), and Michael Guest (R-MS).

A full copy of the letter is available here and below.

Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader McCarthy:

Telehealth has been a critical tool during the COVID-19 pandemic to ensure that patients continue to receive the health care they need while keeping health care providers and patients safe.  Congress recognized the importance of telehealth and included provisions in COVID-19 legislation to increase access to telehealth services for Medicare beneficiaries during the pandemic.  We strongly support permanently expanding Medicare coverage of telehealth and removing other barriers to the use of telehealth because of its ability to expand access to care, reduce costs, and improve health outcomes.  While Congress prepares to enact permanent telehealth legislation, we urge you to include an extension of the pandemic telehealth authorities in must-pass government funding legislation in February.  

An extension to maintain expanded coverage of Medicare telehealth services for a set period of time would provide much-needed certainty to health care providers and patients.  Ramping up telehealth requires significant costs and resources from health care providers. However, the pandemic telehealth authorities are temporary and tied to the COVID-19 public health emergency declaration, which is renewed in three-month increments.  Without more definitive knowledge about the duration of the pandemic and Medicare’s long-term coverage of telehealth, many organizations have been hesitant to fully invest in telehealth.  An extension of the telehealth authorities would provide assurance that the investments will be sustainable over the long term.  It would also reassure patients that their care will not end abruptly. 

In addition, since the use of telehealth in Medicare was very low before the pandemic, an extension would provide additional time to collect and analyze data on the impacts of telehealth.  This data could help inform Congress’s next steps on permanent telehealth legislation and appropriate program integrity and beneficiary protections.  In the meantime, it is crucial that an extension not include unnecessary statutory barriers in accessing telehealth services during this data collection and analysis period. 

Telehealth has become an essential part of the health care system.  The permanent telehealth reforms included in the CONNECT for Health Act, which has bipartisan support from over 170 members of Congress, as well as other telehealth bills, are imperative to increase access to care, reduce costs, and improve health outcomes.  In February, Congress should extend the authorities that have expanded coverage of telehealth services during the COVID-19 pandemic in order to maintain access to telehealth and provide necessary certainty for Medicare telehealth coverage. 

We appreciate your collaboration on this important issue.

Sincerely,

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WASHINGTON — Today, U.S. Sens. Mark R. Warner and Tim Kaine announced $971,639 in federal funding from the Appalachian Regional Commission (ARC) awarded to the Economic Development Authority of Floyd County to develop the Floyd Regional Commerce Center. The funds will be used to construct an access road, an industrial cul-de-sac, and a pedestrian and bike path that will stimulate economic growth and support the creation of an estimated 130 new jobs in the region.

“We’re pleased to see Floyd County receive this additional federal resource to finish construction of a new access road,” said the Senators. “This funding will create good-paying jobs and bolster economic development in the region.”

This funding is in addition to the more than $1 million in federal assistance that Sens. Warner and Kaine announced in September 2017. VDOT and the Federal Highway Administration (FHWA) are administering the project.

In August, Sen. Kaine visited the Floyd Innovation Center to learn more about their work to support entrepreneurs and growth-oriented businesses including in specialty foods and other products. He also gathered feedback on how he can help support small businesses at the federal level.

ARC is an economic development partnership agency of the federal government and 13 state governments, including Virginia, aimed at investing in community capacity and strengthening economic growth in the Appalachian region. In Fiscal Year 2020, ARC supported 42 projects totaling $11.1 million and created or retained 4,600 jobs in Virginia.

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WASHINGTON – Sen. Mark R. Warner (D-VA) joined 16 senators in calling on the Social Security Administration (SSA) to provide an update on its efforts to improve field office services for beneficiaries amid the COVID-19 pandemic.

“SSA has a responsibility and a duty to provide timely and quality service to the public, whether it is provided online, via telephone, or in-person,” the senators wrote. “COVID-19 has amplified and exacerbated gaps in service for all. We write to request an update on the Social Security Administration’s efforts to improve service delivery during the COVID-19 pandemic, and efforts to modernize its business processes going forward.” 

In the letter, sent to Acting Commissioner Kilolo Kijakazi, the senators called on the agency to outline the steps it is taking to ensure those who need in-person service are able to receive it, including details on the appointment system and drop boxes for original documents that need to be reviewed. Last week, SSA announced an agreement with labor unions representing the agency’s workforce about a reentry plan beginning as early as March 30th.

The letter also noted the substantial dip in applications for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), and asked the agency how they are working to address this shortfall.

Sen. Warner has pushed the SSA to continue assisting beneficiaries in an effective manner since the onset of the COVID-19 pandemic. In an April 2021 Senate Finance Committee hearing, Sen. Warner highlighted the need for SSA to conduct outreach to vulnerable populations to ensure they are being served in the midst of the pandemic.

In addition to Sen. Warner, the letter was signed by Sens. Ron Wyden (D-OR), Bob Casey (D-PA) Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Ben Cardin (D-MD), Tom Carper (D-DE), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Mark Kelly (D-AZ), Bob Menendez (D-NJ), Jacky Rosen (D-NV), Debbie Stabenow (D-MI), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI) and Catherine Cortez Masto (D-NV).

A copy of the letter is available here and below.

Dear Acting Commissioner Kijakazi:

We write to request an update on the Social Security Administration’s (SSA) efforts to improve service delivery during the COVID-19 pandemic, and efforts to modernize its business processes going forward.

In March 2020, SSA took the unprecedented—and necessary—step to close its 1,230 field offices and shift the agency’s operations to a nearly 100 percent remote environment. Since then, your employees have done a tremendous job quickly adapting to the new environment and continuing to serve the public and should be commended.

With COVID-19 infections and hospitalizations soaring to their highest recorded levels due to the Omicron variant, we support the agency’s efforts to prioritize the safety and well-being of the public and the Agency’s staff, especially those who are immunocompromised, as it finalizes the phased reentry plan. That said, SSA has a responsibility and a duty to provide timely and quality service to the public, whether it is provided online, via telephone, or in-person.

As you know, nearly 70 million people rely on Social Security and Supplemental Security Income benefits to pay for rent, groceries, medical bills, and other essential expenses. Additionally, over 45 million people visit SSA’s 1,230 field offices every year to file for benefits, make changes to their earnings record, and get guidance from SSA’s experienced staff. An incorrect denial of benefits or inaccurate payment can be the difference between a beneficiary having a home or being evicted, or whether or not they can afford their prescription drugs. A recent Washington Post article illuminated the devastating impacts that poor service delivery can have on vulnerable populations. Further, a November 2021 SSA Inspector General report found that nearly half of the 151 million callers to field offices and the national 800-number went unanswered, including 16.4 million callers who gave up while waiting in the queue. Many of these service issues have persisted long before the pandemic, but COVID-19 has amplified and exasperated these gaps in service for all, particularly for those whose sole source of income is Social Security, Supplemental Security Income (SSI), or both.

When you started the job as Acting Commissioner six months ago, your goals were ensuring everyone who is eligible for benefits should receive them and that SSA must treat employees fairly and equitably. Both the Finance Committee and Special Committee on Aging have been concerned about access to Agency services and want to support responsive, effective and accurate information about Agency programs. The April 2021 Finance Committee hearing highlighted many of the challenges our constituents encounter when interacting with Social Security, and discussed possibilities to rethink SSA’s application process and other services.

Chairman Wyden noted at the outset of the hearing, “making smart improvements to Social Security based on the experience of COVID-19 can pay off big in the future.”

With that in mind, we request a response to the following questions about SSA’s efforts to improve service delivery, no later than February 17, 2022:

Field Office Service Delivery

1. How will you ensure people who need in-person assistance receive service? Is SSA tracking the number of requests for in-person appointments and what percentage of those requests have been granted; if so, what are the results and how do they vary across regions and field offices? What challenges does SSA face in providing face-to-face services and how will you overcome those challenges?

2. As noted in SSA’s COVID-19 Workplace Safety Plan , field office access is restricted to the public by appointment only “for critical services that [SSA] cannot handle remotely.” However, SSA’s procedures for an individual to secure an in-person appointment appears to favor those who have reliable telephone or Internet access, leaving out at-risk groups. What is SSA doing to ensuring equitable access to in-person appointments?

3. The recent Washington Post article reported that one field office limited drop box hours to just one hour per day. Are such limited hours for drop boxes a common practice at field offices and, if so, what steps are being taken to increase available hours in those field offices? Further, individuals who need to drop off original documents at SSA have to call the field office to find out the office’s drop box hours. Are there plans to publish field offices’ drop box hours online or on its automated messaging system so individuals do not have to wait on hold to find out a relatively simple request, and SSA does not have to divert resources to respond to each call?

4. How is SSA reducing the need for hands-on review of documents (e.g., driver’s licenses, immigration documents, birth certificates, and passports), such as adding features to my Social Security and data sharing with other state and federal agencies?

SSDI and SSI Benefits

5. SSDI and SSI benefit applications dipped substantially during the pandemic. State Disability Determination Services received nearly 16 percent fewer SSDI and SSI initial claims during the COVID-19 pandemic than the prior year. What new efforts are SSA using to increase outreach to eligible groups, including homeless individuals, seniors, children with disabilities, and adults with disabilities?

6. At the Finance Committee hearing, Members and witnesses noted the length and the complexity of the SSI application, stretching over 30 pages. At the request of Chairman Wyden, SSA submitted a plan to simplify the SSI application process and make it more accessible. Please provide an update on SSA’s progress on simplifying the application and creating an online version of it (or an online option to express intent to file and protect the filing date).

7. We are deeply concerned about the large and growing backlog of cases at the initial and reconsideration levels pending at state agencies, and increased delays in applications and appeals being sent from field offices and Workload Support Units to state agencies. What are SSA’s plans to ensure timely and accurate decisions are provided to disability claimants?

8. Is SSA tracking the time to effectuate disability decisions (from favorable decision until retroactive and continuing benefits are provided to claimants)? If so, what trends have you witnessed in recent years, what types of cases are the most challenging to effectuate, and what goals do you have for improving the effectuation process? If not, why, and does SSA have any plans to study this metric?

Improving Service Delivery Going Forward

9. Advocacy groups, non-profit organizations, and claimant representatives are a valuable resource to communicate policy and process changes, as well as provide a “front line” perspective to help develop strategies to improve customer service. What is SSA doing to keep them apprised of policy or process changes? How is SSA leveraging their knowledge and expertise to improve service?

10. Under the previous Administration, SSA implemented Executive Orders to reduce the influence of employee unions and labor-management relations suffered. What steps have you taken to restore the relationship between the agency and the unions? What efforts have you made to work with the unions to return employees to the office?

We look forward to working with you to meet the needs of Social Security beneficiaries, SSI recipients, and all those who use SSA’s services.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) issued the following statement today on the planned retirement of U.S. Supreme Court Justice Stephen Breyer: 

“I am very grateful to Associate Justice Stephen Breyer for his nearly 30 years of service on the Supreme Court. With a distinguished career rooted in public service, Associate Justice Breyer stands as a model for young people all across America who seek to strengthen democracy. I trust that President Biden will carefully select a nominee to replace Associate Justice Breyer, and I look forward to closely reviewing the nominee’s qualifications and experience.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued the following statement today:

“Earlier today, the U.S. Commerce Department reported that manufacturers that rely on semiconductor chips have less than five days’ supply on hand, leaving vital supply chains extremely vulnerable to delays that are increasing prices for consumers on everything from automobiles to home appliances. Months ago, the Senate passed the U.S. Innovation and Competition Act, which would invest $52 billion in domestic semiconductor production, by an overwhelming bipartisan vote. The Senate bill also invests in R&D for 5G technologies and takes other critical steps to secure our supply chains, improve innovation, and ensure that the U.S. can compete with China and the rest of the world. Today’s introduction in the House of Representatives of the America COMPETES Act is an important step in setting up a conference with the Senate so that we can finally get a bill to President Biden’s desk to sign.”

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WASHINGTON – On the first day of the 2021 tax filing season, Sen. Warner raised concerns with the IRS after hearing from Virginians who are still waiting on their refunds from the 2020 filing season. These delays come as millions of Americans continue to face economic hardship due to the COVID-19 crisis.

In a letter to Treasury Secretary Janet Yellen and IRS Commissioner Charles Rettig, Sen. Warner stressed the importance of getting Virginians their individual tax refunds as soon as possible in order to avoid further processing delays. As of December 31, 2021, there were approximately 6 million unprocessed tax returns from 2020.

“I appreciate the IRS’ efforts to address the significant backlog of unprocessed returns, and recognize the significant challenges the agency has faced in operating during the pandemic while implementing major programs such as the stimulus payments and the Advance Child Tax Credit payments,” wrote Sen. Warner. “However, persistent delays harm taxpayers who are waiting for their returns to process – often those who need their refunds most –  and the agency has an obligation to implement a clear plan that alleviates this backlog while avoiding major delays for the processing of filed returns during the 2021 tax filing season.” 

This letter follows up on a February 2021 letter addressing the same issue of persistent processing delays at the IRS.

“Since my last letter, I have continued to hear from constituents that have still not had their 2020 tax returns processed, which has also caused delays in receiving the Advance Child Tax Credit payments, stimulus payments, tax refunds, and other much needed financial aid from the IRS,” Warner noted. “Additionally, businesses that have pending tax returns face delayed processing of their SBA EIDL loan applications. Taxpayers have increasingly expressed to my staff that they are unable to garner any information related to the processing of their tax returns via IRS phone lines or the website.”

In order to further understand the ongoing situation, Sen. Warner asked for answers to the following questions:

1. What formal plans have the IRS and Treasury developed to resolve the significant backlog of individual and business tax returns that remain unprocessed from the 2020 tax filing season?
2. How specifically will that plan allow the IRS to continue to process the backlog in parallel with the processing of returns for the tax year 2021 filing season?
3. Will taxpayers whose 2020 returns remain unprocessed or delayed face any difficulties in filing returns – electronically or in paper form – for the 2021 tax year?  If so, what might these delays or difficulties be, what are your specific plans for addressing them, and how will taxpayers be informed in a timely fashion?
4. When do you anticipate that the Taxpayer Advocate Service (TAS) will resume accepting inquiries related to the processing of amended tax returns?  If TAS is unable to accept this casework, will the IRS dedicate other resources to assist with inquiries that TAS is unable to accept?

Throughout the COVID-19 pandemic, Sen. Warner has been a strong advocate for Virginians, working to ensure that they get the funds to which they are entitled. In April 2020, 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.

A copy 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 from their 2020 taxes.  As you are well aware, millions of Americans are still facing economic hardships and are desperately in need of these funds to help make ends meet.

In my letter to you on February 8, 2021, I noted that as of November 6, 2020 there were approximately 6.8 million unprocessed tax returns.  As of December 31, 2021, there are still 6 million unprocessed tax returns; additionally, as of January 8, 2022, there are still 2.3 million unprocessed 1040-X, and 1.1 million unprocessed business tax returns as of January 12, 2022.

Since my last letter, I have continued to hear from constituents that have still not had their 2020 tax returns processed, which has also caused delays in receiving the Advance Child Tax Credit payments, stimulus payments, tax refunds, and other much needed financial aid from the IRS. Additionally, businesses that have pending tax returns face delayed processing of their SBA EIDL loan applications. Taxpayers have increasingly expressed to my staff that they are unable to garner any information related to the processing of their tax returns via IRS phone lines or the website. 

On November 10, 2021, National Taxpayer Advocate Erin Collins announced that the Taxpayer Advocate Service (TAS) would no longer accept congressional inquiries solely related to the processing of amended tax returns, due to the agency not being able to meaningfully expedite or improve case resolution for taxpayers.  Ms. Collins also issued a Taxpayer Advocate Directive directing the IRS to “complete processing of all backlogged amended tax returns by December 29, 2021 or provide a detailed plan for completing processing the backlog”.  The absence of assistance from TAS further aggravates the problems my constituents and other Americans face.  

I appreciate the IRS’ efforts to address the significant backlog of unprocessed returns, and recognize the significant challenges the agency has faced in operating during the pandemic while implementing major programs such as the stimulus payments and the Advance Child Tax Credit payments. However, persistent delays harm taxpayers who are waiting for their returns to process – often those who need their refunds most –  and the agency has an obligation to implement a clear plan that alleviates this backlog while avoiding major delays for the processing of filed returns during the 2021 tax filing season. 

Please reply to me as soon as possible, and no later than February 4, 2022, with specific answers to the following questions:

1. What formal plans have the IRS and Treasury developed to resolve the significant backlog of individual and business tax returns that remain unprocessed from the TY 2020 tax filing season?
2. How specifically will that plan allow the IRS to continue to process the backlog in parallel with the processing of returns for the tax year 2021 filing season?
3. Will taxpayers whose 2020 returns remain unprocessed or delayed face any difficulties in filing returns – electronically or in paper form – for the 2021 tax year? If so, what might these delays or difficulties be, what are your specific plans for addressing them, and how will taxpayers be informed in a timely fashion?
4. When do you anticipate that TAS will resume accepting inquiries related to the processing of amended tax returns?  If TAS is unable to accept this casework, will the IRS dedicate other resources to assist with inquiries that TAS is unable to accept?

Thank you for your attention to this important matter.

Sincerely,

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 WASHINGTON – U.S. Sen. Mark R. Warner joined Senate Majority Whip Dick Durbin (D-IL) land 16 of his Senate colleagues today in a bipartisan letter to President Biden urging him to include funding for emergency international food aid in any upcoming supplemental request to Congress.  Recently, the Biden Administration provided an additional $308 million in aid and eased procedures for humanitarian groups.  However, the Senators noted in their letter that both the United Nations and World Food Programme (WFP) indicate far more is needed to prevent mass starvation in multiple countries, particularly in Afghanistan where nearly half the population is at severe risk.

“Despite progress in recent decades to prevent and alleviate global hunger, 2020 and 2021 have seen the highest levels of hunger in more than ten years with the COVID-19 pandemic exacerbating conflict areas and severe droughts,” the Senators wrote.  “Nowhere are the humanitarian needs more acute than in Afghanistan, where freezing winter weather is only worsening acute hunger… As such, we urge you to include robust funding for emergency international food aid as part of any upcoming supplemental request to Congress.  These additional funds… would go a long way toward preventing starvation around the world.” 

According to the United Nations’ 2021 report, The State of Food Security and Nutrition in the World, close to 12 percent of the world’s population, representing 928 million people, faces severe food insecurity and 30 percent face at least moderate food insecurity.   The impact is particularly significant on women and children, with more than 149 million children under the age of five affected by stunting and nearly 30 percent of women around the world between the ages of 15 and 49 affected by anemia.  

Along with Durbin, today’s letter was signed by the following Senators: Jerry Moran (R-KS), Patrick Leahy (D-VT), Chris Coons (D-DE), Cory Booker (D-NJ), Bob Casey (D-PA), Jack Reed (D-RI), Tammy Baldwin (D-WI), Jeff Merkley (D-OR), Ron Wyden (D-OR), Tammy Duckworth (D-IL), Elizabeth Warren (D-MA), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Ben Cardin (D-MD), Ed Markey (D-MA), and Debbie Stabenow (D-MI). 

Full text of today’s letter is available below:

Dear President Biden:

We write to convey our great concern with mounting global food insecurity, particularly in Afghanistan where nearly half the population is at severe risk.  We welcome your recent decisions to provide an additional $308 million in aid and ease procedures for humanitarian groups to help meet these desperate conditions, and hope other international donors will take similar actions.  However, given that both the United Nations and World Food Programme (WFP) indicate far more is needed to prevent mass starvation in multiple countries, we strongly urge you to include funding for emergency international food aid in any upcoming supplemental request to Congress. 

Despite progress in recent decades to prevent and alleviate global hunger, 2020 and 2021 have seen the highest levels of hunger in more than ten years with the COVID-19 pandemic exacerbating conflict areas and severe droughts.  According to the United Nations’ 2021 report, The State of Food Security and Nutrition in the World, close to 12 percent of the world’s population, representing 928 million people, faces severe food insecurity and 30 percent face at least moderate food insecurity.   The impact is particularly significant on women and children, with more than 149 million children under the age of five affected by stunting and nearly 30 percent of women around the world between the ages of 15 and 49 affected by anemia.   Such severe and rising levels of food insecurity impact nearly every region of the world.  In fact, the WFP warned in November that 45 million people are on the brink of famine across 43 countries, a devastating figure that is nearly 67 percent higher than the estimated 27 million in a similar dire situation in 2019.  

Nowhere are the humanitarian needs more acute than in Afghanistan, where freezing winter weather is only worsening acute hunger.  According to the WFP and the Food and Agriculture Organization, while Afghanistan has suffered from malnutrition for decades, recent factors put an estimated 23 million people, around 55 percent of Afghanistan’s population, at potentially life-threatening levels of food insecurity.   In addition, the United Nations Development Programme warned that as much as 97 percent of Afghanistan’s population is at risk of sinking below the poverty line by this summer.  

As such, we urge you to include robust funding for emergency international food aid as part of any upcoming supplemental request to Congress.  These additional funds, through the International Disaster Assistance account, Food for Peace Title II, or others as appropriate, would go a long way toward preventing starvation around the world.

We stand ready to help with such a request and appreciate your attention to this timely issue.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence and co-chair of the Senate Cybersecurity Caucus, issued the following statement today after President Biden signed a National Security Memorandum (NSM) to improve the cybersecurity of National Security, Department of Defense, and Intelligence Community Systems, as required in Executive Order (E.O) 14028, Improving the Nation’s Cybersecurity:

“I applaud President Biden for signing this order to improve our nation’s cybersecurity. Among other priorities, this National Security Memorandum (NSM) requires federal agencies to report efforts to breach their systems by cyber criminals and state-sponsored hackers. Now it’s time for Congress to act by passing our bipartisan legislation that would require critical infrastructure owners and operators to report such cyber intrusions within 72 hours.”

In July 2021, following the SolarWinds and Colonial Pipeline hacks, Chairman Warner was joined by Senate Intelligence Committee Vice Chairman Marco Rubio (R-FL), senior Committee member Susan Collins (R-ME), and a number of colleagues in introducing legislation to require federal government agencies, federal contractors, and critical infrastructure operators to notify the Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) when a breach is detected so that the U.S. government can mobilize to protect critical industries across the country. In November 2021, Warner announced that a bipartisan agreement had been reached with the leaders of the Senate Homeland Security Committee on compromise legislation requiring critical infrastructure owners and operators to report to CISA within 72 hours if they are experiencing a substantial cyber-attack.

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