WASHINGTON – U.S. Sens. Mark R. Warner and U.S. Sen. Tim Kaine, a member of the Senate Health, Education, Labor, and Pensions Committee, joined Sens. Tammy Baldwin, Chris Murphy, and Jeanne Shaheen, as well as 35 of their Senate colleagues, in a letter urging Department of Health and Human Services (HHS) Secretary Xavier Becerra to limit the sale and availability of short-term, limited-duration insurance (STLDI) plans, also known as “junk plans.” These plans fail to provide adequate, comprehensive health insurance coverage and weaken provisions of the Affordable Care Act (ACA), including protections for people with pre-existing conditions.

“It is our responsibility to ensure that all Americans have access to affordable and comprehensive health care coverage. In order to strengthen that commitment, HHS must act quickly to limit the proliferation and promotion of STLDI plans, and undue the sabotage caused by the previous administration,” said the Senators.

In 2018, the Trump Administration made junk plans more widely available to consumers in an effort to sabotage the ACA. Since then, the plans have continued to proliferate. However, they are not required to adhere to important standards, including prohibitions on discrimination against people with pre-existing conditions, coverage for the 10 essential health benefit (EHB) categories, and annual out-of-pocket maximums.

The letter was also signed by Sens. Sherrod Brown (D-OH), Bob Casey (D-PA), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Maggie Hassan (D-NH), Bob Menendez (D-NJ), Alex Padilla (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Cory Booker (D-NJ), Angus King (I-ME), Ben Ray Lujan (D-NM), Elizabeth Warren (D-MA), Dianne Feinstein (D-CA), Jack Reed (D-RI), Patrick Leahy (D-VT), Debbie Stabenow (D-MI), Tom Carper (D-DE), Gary Peters (D-MI), Jacky Rosen (D-NV), Jon Tester (D-MT), Raphael Warnock (D-GA), Sheldon Whitehouse (D-RI), Mazie Hirono (D-HI), Ed Markey (D-MA), Ben Cardin (D-MD), Dick Durbin (D-IL), Jeff Merkley (D-OR), Jon Ossoff (D-GA), Chris Coons (D-DE), Charles Schumer (D-NY), John Hickenlooper (D-CO), and Bernie Sanders (I-VT).

Sens. Warner and Kaine have long fought to protect the ACA and expand access to quality health care. In 2020, they sent a letter led by Kaine calling on the Trump Administration to end efforts to sabotage the ACA. In 2019, they introduced a Congressional Review Act resolution  led by Warner, which would have prevented the Trump Administration from pushing junk health plans to 3 million Virginians with pre-existing conditions. Later that year, Sen. Warner successfully filed a discharge petition to force the Senate to vote on the CRA, which was ultimately defeated by Senate Republicans.  

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

Dear Secretary Becerra:

This year, 14.5 million Americans signed up for comprehensive health insurance coverage during Open Enrollment, a new record. Thanks to the American Rescue Plan, four out of five consumers who receive health insurance from the marketplace are finding quality coverage for less than $10 per month, and a majority of those enrollees are also receiving subsidies to decrease their co-pays, deductibles, and other out-of-pocket spending. We write to congratulate you and your entire department for this significant achievement and encourage you to take additional steps to ensure that even more Americans are protected from substandard plans that do not provide coverage for pre-existing conditions. Now is the time to issue new regulations limiting the sale and availability of short-term, limited-duration insurance (STLDI) plans, also known as “junk plans” because of their failure to provide adequate coverage.

Despite the important gains that we have made in providing comprehensive and affordable coverage for more Americans, STLDI plans continue to sow confusion and cause harm to patients. These plans, which are not required to adhere to important standards, including prohibitions on discrimination against people with pre-existing conditions, coverage for the 10 essential health benefit (EHB) categories, and annual out-of-pocket maximums, have continued to proliferate. In 2018, the Trump administration issued a rule to sabotage the Affordable Care Act (ACA) by promoting STLDI plans and that same year all Senate Democrats and one Republican Senator voted to block the rule. Unfortunately, this effort to undermine critical patient and consumer protections has yet to be undone.

We were pleased to see the Biden administration include amending regulations concerning STLDI plans in the Fall 2021 Unified Agenda and Regulatory Plan, and are proud of the historic coverage gains that we have seen as a result of President Biden’s and your leadership. However, it is past time for us to take action. STLDI plans undermine the integrity of the ACA and put those with pre-existing conditions at risk. The Department of Health and Human Services (HHS) should immediately restore the three-month duration limit for plans, limit plan renewability, and reduce the ability to purchase back-to-back STLDI plans. We also urge you to consider additional efforts to protect patients and consumers such as banning sales during Marketplace Open Enrollment, limiting internet and phone sales, establishing a prohibition on retroactive coverage rescissions, and requiring additional consumer disclosures about plan coverage.

It is our responsibility to ensure that all Americans have access to affordable and comprehensive health care coverage. In order to strengthen that commitment, HHS must act quickly to limit the proliferation and promotion of STLDI plans, and undue the sabotage caused by the previous administration.

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) led the entire Virginia Congressional Delegation in requesting that the Biden administration continue its support of the Norfolk Harbor Widening and Deepening project by including at least $76.9 million in federal funding for the project in President Biden’s FY23 budget request.

In a letter to President Biden, the members stressed the importance of securing these funds in FY23 to ensure that the Norfolk Harbor Widening and Deepening project remains on schedule to be completed by early 2025. This critical project is expected to expand Norfolk Harbor’s shipping channels and ensure that larger commercial and military vessels can continue to pass through Norfolk Harbor safely, especially in light of the rapid growth of vessels entering maritime trade.

“Allocating the remaining $76.9 million of the Federal share to Norfolk Harbor in Fiscal Year 2023 is essential to keep this nationally significant project on track for completion by early 2025 and allow the Norfolk District to award the Inner Harbor segment in a timely manner,” the lawmakers wrote. 

“The Port of Virginia is one of the Commonwealth’s most powerful economic engines. On an annual basis, the Port is responsible for more than 400,000 jobs and $100 billion in spending across our Commonwealth and generates more than eight percent of our Gross State Product. However, the Port’s true reach extends throughout the Mid-Atlantic and into the Midwest and Ohio Valley. The Port maintains a balanced portfolio of container and bulk trade, and it serves a robust rail market to and from the American farmers and manufacturers throughout the Midwest and Ohio Valley,” they continued. 

The Norfolk Harbor project was included in President Biden’s FY22 budget request as a construction New Start. The proposed funds for the project were subsequently included in the FY22 House and Senate Energy and Water Development Appropriations Subcommittee spending bills that are currently pending before Congress.

Last year, Sen. Warner led the Virginia Congressional Delegation in a letter to the Office of Management and Budget (OMB) and the U.S. Army Corps of Engineers (USACE) requesting a New Start designation for the project in the USACE Fiscal Year 2021 Work Plan – a request that was also made in 2020. In December, Sen. Warner led members of the Virginia Congressional Delegation in requesting funding for Norfolk Harbor through the resources made available to USACE by the bipartisan Infrastructure Investment and Jobs Act (IIJA), which was granted by USACE on January 19, 2022. In July 2021, Sen. Kaine advocated for the project to Assistant Secretary of the Army for Civil Works Michael Connor as part of his nomination hearing before the Senate Armed Services Committee. Furthermore, in 2018, Sens. Warner and Kaine successfully fought for the inclusion of the Norfolk Harbor Widening and Deepening project, in addition to other coastal resiliency programs, in the bipartisan Water Resources Development Act.

In addition to Sen. Warner, the letter was signed by Sen. Tim Kaine (D-VA) and U.S. Reps. Bobby Scott (D-VA), Rob Wittman (R-VA), Gerry Connolly (D-VA), Morgan Griffith (R-VA), Don Beyer (D-VA), A. Donald McEachin (D-VA), Abigail Spanberger (D-VA), Elaine Luria (D-VA), Ben Cline (R-VA), Jennifer Wexton (D-VA), and Bob Good (R-VA).

Full text of the letter is here and below.

Dear President Biden:

As representatives from the Commonwealth of Virginia, home to the Port of Virginia – the fifth largest and fastest growing port in the nation – we write today concerning the Norfolk Harbor and Channels Widening and Deepening project and your FY23 budget request. We respectfully request that you include $76.9 million in funding for the Norfolk Harbor project in your FY23 budget request to ensure this nationally significant project continues to move forward on schedule.

The Port of Virginia is one of the Commonwealth’s most powerful economic engines. On an annual basis, the Port is responsible for more than 400,000 jobs and $100 billion in spending across our Commonwealth and generates more than eight percent of our Gross State Product. However, the Port’s true reach extends throughout the Mid-Atlantic and into the Midwest and Ohio Valley. The Port maintains a balanced portfolio of container and bulk trade, and it serves a robust rail market to and from the American farmers and manufacturers throughout the Midwest and Ohio Valley.

The deepening and widening of Norfolk Harbor is essential to continue safe and timely passage of ever-increasing commercial and military vessels through the harbor. Deepening Norfolk Harbor to 55 feet from its current 50 feet depth and widening Thimble Shoal Channel to 1,400 feet will enable safe, two-way traffic in and out of the harbor and will help prevent delays to commercial and military vessels – a necessity in today’s global trading landscape. Expanding Norfolk Harbor to allow for two-way traffic will also help prevent backlogs of commercial vessels that could cause costly delays and supply chain disruptions that are currently affecting some port facilities across the U.S.

We are pleased that the Norfolk Harbor project recently received a New Start designation and an initial tranche of Federal funding that will allow the Port and USACE to initiate a Project Partnership Agreement. As the Fiscal Year 2022 appropriations process continues, the additional $83.7 million, which was originally included in the President’s FY22 Budget request and has been carried forward in both the House and Senate’s Fiscal Year 2022 Energy and Water Appropriations bills, will allow the Norfolk District to advertise the Atlantic Ocean Channel segment this summer.

The Commonwealth of Virginia provided full funding of $20 million for Preconstruction Engineering and Design and $330 million for construction in its FY19-20 biennial budget. The deepening of Thimble Shoal Channel – West as well as the deepening and widening of Thimble Shoal Channel – East are both currently under construction with scheduled completion by August 2022. Both contracts are funded and administered by the Port and are in full compliance with Federal standards under a Memorandum of Understanding with USACE in July 2017. Further, the construction work is eligible as Work-In-Kind once a Project Partnership Agreement is signed, which may happen as soon as this month now that Federal funds have been received.

However, a recent Army Corps cost estimate update and approval of the previously authorized widening of Thimble Shoal Channel – West as a cost-shared element of the project have increased the projected Federal share of the project to $235.9 million. Allocating the remaining $76.9 million of the Federal share to Norfolk Harbor in Fiscal Year 2023 is essential to keep this nationally significant project on track for completion by early 2025 and allow the Norfolk District to award the Inner Harbor segment in a timely manner

The Port of Virginia is a commercial and economic engine for the United States and continues to play an integral role in American foreign and domestic commerce and trade. Completion of this project will allow the Port to remain a prominent economic hub for the nation and a key player in domestic and international trade by generating more than $3.9 billion in net national economic development benefits. 

Thank you for your consideration. Please do not hesitate to reach out if you have any questions regarding this request. We look forward to continue working with you to support this critical project for Virginia and our nation’s ports

Sincerely,

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) is calling on Congress to pass an omnibus spending bill for FY 2022 ahead of February 18, when existing funding is scheduled to expire. This comes as Congress weighs yet another stopgap bill to temporarily fund the government until March 11^th – a move that would avert a government shutdown but prevent Virginia and states across the country from accessing hundreds of millions of dollars in crucial funding available under the bipartisan infrastructure law passed by Congress in November.

In a letter to the Acting Director of the Office of Management and Budget (OMB), Sen. Warner highlighted that many programs authorized by the Infrastructure Investment and Jobs Act that he helped to negotiate will not be fully funded until Congress approves a new spending package for 2022. The federal government is currently operating under a continuing resolution which simply funds existing programs at the same levels as last year without adjusting or authorizing new spending – a kick-the-can-down-the-road maneuver that disproportionately hurts states like Virginia, which has a significant federal footprint.

“If Congress is unable to come to an agreement on full-year appropriations for Fiscal Year 2022, Virginia alone could lose approximately $364 million in roads and bridges funding and $53 million in transit funding. This is unacceptable, and I have repeatedly urged my colleagues to come together and pass an omnibus FY 2022 appropriations bill rather than squander these funding opportunities with another CR,” Sen. Warner wrote.

Additionally, without a new congressional spending deal, there is no funding to stand up new transportation grant programs approved by Congress as part of the infrastructure law.

“To better understand the full impact of another CR on these critical projects, I respectfully request that the Office of Management and Budget outline in detail, by Monday, February 14, all IIJA programs that are at risk of losing funding relative to funding levels authorized in IIJA, or having funding delayed under the CR framework,” he continued.

Sen. Warner has previously spoken out about the importance of avoiding painful government shutdowns and spending lapses. He introduced the Stop STUPIDITY (Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The Coming Years) Act, which would end the threat of future government shutdowns by keeping the government running in the case of a lapse in funding.

A copy of the letter is available here and below.

Dear Acting Director Young,

I write today with concerns over the potential loss of important new infrastructure funding due to Congress’ continued inaction in passing an FY22 omnibus appropriations bill.

Last year, the Senate passed and President Biden signed a historic bipartisan infrastructure package that will help deliver on the decades-old promise of serious investment in our nation’s infrastructure. The Infrastructure Investment and Jobs Act (IIJA) includes $110 billion in new funding for roads and bridges, nearly $40 billion in new funding for public transit, and billions more for essential  infrastructure improvements. I was proud to be part of a bipartisan group of ten Senators – five Democrats and five Republicans – who helped put this package together with the support of the Administration.

However, I am concerned that Congress’ continued inaction on Fiscal Year 2022 appropriations could undercut many of the investments provided under the new law. Significant increases to Highway Trust Fund programs to construct roads, bridges, and transit cannot take effect under a Continuing Resolution (CR). Due to a constraint of the CR, the obligation limit on contract authority for Highway Trust Fund programs that are the largest areas of highway and transit investment distributed annually, which were authorized in the IIJA for significant funding increases, are stuck at lower Fiscal Year 2021 levels. Additionally, due to the “No New Starts” provision of the CR, newly created programs in the IIJA cannot begin.

In particular, the newly established Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) Grant Program, which received $7.3 billion in formula funding and $1.4 billion in competitive grants to improve the resiliency of transportation infrastructure in the IIJA, cannot begin to distribute funding without a full-year appropriations bill. Just this fiscal year, that means the potential squandering of $1.4 billion nationwide, and approximately $36 million in Virginia. This would prevent coastal communities, like those in Hampton Roads, from accessing critical funds that would support the resiliency of their transportation networks.

Similarly, the Carbon Reduction Program, another program approved on a broadly bipartisan basis to lower carbon emissions in our transportation system, stands to lose $1.2 billion nationwide this fiscal year, including $31 million in Virginia. This program will go a long way in Virginia towards helping us meet our climate goals, whether it is supporting the electrification of the Port of Virginia, truck stop electrification along the I-81 corridor, or installing bicycle and pedestrian facilities in cities and towns across the Commonwealth.

If Congress is unable to come to an agreement on full-year appropriations for Fiscal Year 2022, Virginia alone could lose approximately $364 million in roads and bridges funding and $53 million in transit funding. This is unacceptable, and I have repeatedly urged my colleagues to come together and pass an omnibus FY 2022 appropriations bill rather than squander these funding opportunities with another CR. Unfortunately, I am concerned this may just be the tip of the iceberg.

To better understand the full impact of another CR on these critical projects, I respectfully request that the Office of Management and Budget outline in detail, by Monday, February 14, all IIJA programs that are at risk of losing funding relative to funding levels authorized in IIJA, or having funding delayed under the CR framework.

I thank you and your staff for your tireless efforts in implementing the IIJA and your work in allocating and distributing these funds to communities across the country.  Please do not hesitate to reach out if you have any questions, and I look forward to continue working with you to support these critical projects for Virginia and the country.

Sincerely,

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced $22,790,000 in Fiscal Year 2022 funding to reclaim abandoned mine lands (AML) in Virginia – an effort that will strengthen coal communities by promoting economic opportunity and addressing dangerous hazards that threaten the health of Virginians and the long-term wellbeing of communities. The funding, awarded through the Department of the Interior (DOI), was made possible by the Infrastructure Investment and Jobs Act negotiated by Sen. Warner and supported by Sen. Kaine.  

“This investment into Virginia mining communities will not only create good paying jobs, but will also revitalize energy communities by reclaiming abandoned, unsafe lands for new use,” the Senators said. “We are proud to see Virginia’s mining communities continue to reap the benefits of the infrastructure law passed by Congress and signed by President Biden.”

AML reclamation projects supported by this funding will close dangerous mine shafts, reclaim unstable slopes, improve water quality by treating acid mine drainage, and restore water supplies damaged by mining. The projects will eliminate dangerous environmental conditions and pollution caused by past coal mining, including by remediating abandoned mines that are leaking methane – a key contributor to climate change. Through these projects, hazardous lands can be reclaimed into recreational facilities and targeted for other economic redevelopment uses like advanced manufacturing and renewable energy deployment.

These investments will work to supplement traditional annual AML grants, which are funded by coal operators and ensured to be provided through 2034 thanks to language and appropriated funds of $11.3 billion over 15 years in the Bipartisan Infrastructure Law.

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WASHINGTON – Today, as the 2022 Winter Olympics in Beijing begin, Sens. Mark R. Warner (D-VA) and Rick Scott (R-FL) led their colleagues to introduce a bipartisan resolution calling on the Chinese Communist Party to guarantee the safety and freedom of tennis star Peng Shuai, and rebuking the International Olympic Committee (IOC) for its failure to clearly and forcefully challenge the Chinese Communist Party’s claims about Peng Shuai’s safety. The resolution was cosponsored by Senators Shelly Moore Capito, Sherrod Brown, John Hoeven, Ron Wyden, Ted Cruz, Jeff Merkley, Mike Braun, Chris Van Hollen, Marsha Blackburn, Bob Casey, Tom Cotton, Raphael Warnock, Ron Johnson and Jeanne Shaheen.

A companion resolution led by Congressman Michael Waltz and Congresswoman Jennifer Wexton unanimously passed the U.S. House of Representatives in December 2021.

Senator Mark Warner said, “The disappearance and silencing of Peng Shuai, following her allegations of sexual assault, serve as a disturbing reminder of the countless human rights abuses by the Chinese Communist Party. The International Olympic Committee’s unwillingness to clearly and forcefully stand up to the CCP and call for independent assurance into the safety and freedom of Peng Shuai strongly suggests that the committee is willing to prioritize a relationship with China over athlete well-being. As the Olympic Games get underway, we must not turn a blind eye towards the disturbing human rights abuses by the CCP, and the IOC must join the broader diplomatic push for the freedom and well-being of Peng Shuai.” 

Senator Rick Scott said, “The recent disappearance of Peng Shuai has shocked the world and exposed the disturbing lack of basic rights and human decency experienced by the Chinese people at the hand of General Secretary Xi’s ruthless communist regime. No one, especially the IOC, should ignore what happened to Peng Shuai or attempt to move past this horrifying incident simply to avoid confrontation with Communist China. This bipartisan resolution, which has already unanimously passed the House, makes clear that the United States will not tolerate these kind of gross abuses and continues to stand for freedom for all people. I’m thankful for all of my colleagues’ support on this resolution, and I look forward to its quick passage in the Senate.”

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WASHINGTON – Following a January announcement by the U.S. Department of Labor’s (DoL) Mine Safety and Health Administration (MSHA) launching a Miner Vaccine Outreach Program to deliver free vaccinations and provide educational outreach to mining communities in Kentucky and Arizona, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) are calling on the DoL to include Southwest Virginia in the plans.

In a letter to the MSHA, the senators highlighted that while the Commonwealth has a high vaccination rate as a whole, many mining counties in Southwest Virginia are vaccinated at much lower rates and would greatly benefit from increased vaccination efforts.

“Virginia’s counties vary widely in terms of vaccinations rates, and mining communities in Southwest Virginia are quite similar to the neighboring counties in Kentucky that the Miner Vaccine Outreach Program is serving. In Virginia, mining communities are centered in Dickenson, Buchanan, Wise, Tazewell, Lee, and Russell counties, where the adult population has a fully-vaccinated rate of less than 57%. It is clear that these communities are in critical need of targeted outreach to increase COVID-19 vaccination rates,” the senators wrote.

Sens. Warner and Kaine have been leaders in the push to get Virginians vaccinated during the COVID-19 pandemic. This includes securing $8.8 million in federal funding to support the Virginia Department of Emergency Management (VDEM) COVID-19 vaccination efforts.

In addition, Sens. Warner and Kaine strongly supported the passage of the American Rescue Plan, which included $7.5 billion in funding for the CDC and public health departments to expand vaccine distribution and administration.

A copy of the letter is available here and below.

Dear Acting Assistant Secretary Galanis:

Thank you for your work to provide safety protections and health services to our miners in Virginia and nationwide. As the Biden administration continues to ramp up efforts to get more Americans vaccinated, we are writing to request that the Mine Safety and Health Administration (MSHA) expand its newly launched Miner Vaccine Outreach Program into Southwest Virginia mining communities.

On January 25, 2022, the Department of Labor announced MSHA’s Miner Vaccine Outreach Program to deliver free COVID-19 vaccinations and provide educational outreach to mining communities. In selecting Kentucky and Arizona, MSHA notes the “Centers for Disease Control and Prevention report that vaccination rates are below 60 percent in two states where a substantial number of mining operations exist.”

Mining communities in Virginia are seeing similar challenges increasing COVID-19 vaccination rates. Virginia’s counties vary widely in terms of vaccinations rates, and mining communities in Southwest Virginia are quite similar to the neighboring counties in Kentucky that the Miner Vaccine Outreach Program is serving. In Virginia, mining communities are centered in Dickenson, Buchanan, Wise, Tazewell, Lee, and Russell counties, where the adult population has a fully-vaccinated rate of less than 57%. It is clear that these communities are in critical need of targeted outreach to increase COVID-19 vaccination rates.  

Miners have been essential workers throughout the COVID-19 pandemic, and MSHA’s Miner Vaccine Outreach Program is one critical way to support their health and safety. We urge you to expand this program into Southwest Virginia so that coal miners there receive the medical services and support they need and deserve. Thank you for the consideration of our request.

Sincerely,

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

“It’s only a matter of when, not if, we face another widespread cyber breach that threatens our national security. I was glad to see this NTSB-like function included in the President’s May 2020 executive order on cybersecurity, and this is a good first step to establishing such a capability.  I look forward to monitoring how this board develops over the coming months.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA), Chairman of the Senate Select Committee on Intelligence, issued the below statement on the bomb threats against historically Black colleges and universities (HBCUs):

“I am deeply disturbed by the bomb threats that have been made against more than a dozen historically Black colleges and universities. These acts of attempted terror, issued as we enter Black History Month, underscore the alarming reality that racially-motivated violence and extremism is on the rise across the country. Although at this time no explosive devices have been found, FBI and their local law enforcement partners are taking these hate crimes extremely seriously. As Chairman of the Senate Intelligence Committee, I have requested and expect to receive a briefing at the appropriate time, and I remain committed to combatting extremism and hate violence in all of its forms.”

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine joined U.S. Sens. Bob Menendez (D-NJ), Bill Cassidy (R-LA), and 212 colleagues in a bipartisan, bicameral letter calling on the Treasury Department and the Internal Revenue Service (IRS) to provide penalty relief for taxpayers and help reduce processing backlogs at the IRS, after hearing from Virginians who are still waiting on their refunds from the 2021 filing season. Taxpayers may qualify for relief from penalties if they made an effort to comply with legal requirements but weren’t able to meet their tax obligations due to circumstances beyond their control, including processing backlogs. The lawmakers noted the delayed processing of amended returns has been particularly devastating to small businesses whose applications for emergency loans from the Small Business Administration (SBA) have been caught in limbo nearly two years after the pandemic began.

“While the COVID-19 pandemic has strained every federal agency, the impact on the IRS has been particularly severe,” wrote the lawmakers. “As of December 23, 2021, the IRS continued to have a backlog of 6 million Forms 1040 (Individual Income Tax Returns) and 2.3 million amended individual tax returns. In addition, the IRS has 2 million Forms 941 (Employer Quarterly Tax Returns) that must be processed before the nearly 500,000 amended Forms 941 can be processed.”

“Recognizing the extraordinary challenges of the COVID-19 pandemic, in addition to the IRS operating with antiquated technology and a constrained budget, we find the current situation alarming. We stand ready to support the IRS and look forward to hearing how we can help you address any obstacles facing the agency,” the lawmakers added. “However, we respectfully request the IRS consider the following measures to bring immediate relief to taxpayers, and reduce the backlog, during this tax filing season. ...While we recognize no single action will alleviate issues that have resulted from difficulties at the IRS spanning administrations of both political parties, these steps would provide our constituents with greater certainty as we enter this year’s filing season.”

Last week, Senator Warner raised concerns with the IRS after hearing from Virginians who are still waiting on their refunds from the 2020 filing season, following a February 2021 letter addressing the same issue of persistent processing delays at the IRS. As members of the Senate Budget Committee, Senators Warner and Kaine are currently pushing for legislation to substantially increase funding for the IRS and help the agency improve operations in the long term.

In addition to Sens. Warner, Kaine, Menendez, and Cassidy, the letter was signed by Sens. Cory Booker (D-NJ), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Ben Cardin (D-MD), Tom Carper (D-DE), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Amy Klobuchar (D-MN), Patrick Leahy (D-VT), Cynthia Lummis (R-WY), Joe Manchin (D-WV), Jeff Merkley (D-OR), Chris Murphy (D-CT), Jacky Rosen (D-NV), Debbie Stabenow (D-MI), Chris Van Hollen (D-MD), Raphael Warnock (D-GA), and Ron Wyden (D-OR).

This effort is supported by the Tax Professionals United for Taxpayer Relief Coalition, which includes the American Institute of CPAs (AICPA), National Association of Enrolled Agents (NAEA), Padgett Business Services, H&R Block, Latino Tax Professional Association, National Association of Tax Professionals (NATP), National Society of Tax Professionals (NSTP), National Society of Accountants (NSA), National Society of Black Certified Public Accountants (NSBCPA), National Conference of CPA Practitioners (NCCPAP), Diverse Organization of Firms Advocacy Committee, National Association of Black Accountants (NABA), and Prosperity Now.

Full text of the letter can be found here and below. 

Dear Secretary Yellen and Commissioner Rettig,

As the 2022 tax filing season fast approaches, we are concerned about the unprecedented challenges facing the Internal Revenue Service (IRS) and the ongoing impact on our constituents. While the COVID-19 pandemic has strained every federal agency, the impact on the IRS has been particularly severe. As of December 23, 2021, the IRS continued to have a backlog of 6 million Forms 1040 (Individual Income Tax Returns) and 2.3 million amended individual tax returns.  In addition, the IRS has 2 million Forms 941 (Employer Quarterly Tax Returns) that must be processed before the nearly 500,000 amended Forms 941 can be processed.

In many cases, the delayed processing of amended returns has been devastating to small businesses in our communities whose applications for emergency loans from the Small Business Administration have been caught in limbo nearly two years after the COVID-19 pandemic began. The situation has deteriorated to a point that the Taxpayer Advocate Service (TAS) will no longer accept cases solely involving the processing of amended returns^] This has made it impossible for frustrated taxpayers to find any help.  When our constituents cannot get assistance from the IRS and TAS, they contact us, and we have our hands tied at this point as well. 

Recognizing the extraordinary challenges of the COVID-19 pandemic, in addition to the IRS operating with antiquated technology and a constrained budget, we find the current situation alarming. We stand ready to support the IRS and look forward to hearing how we can help you address any obstacles facing the agency. However, we respectfully request the IRS consider the following measures to bring immediate relief to taxpayers, and reduce the backlog, during this tax filing season:

• Halt automated collections from now until at least 90 days after April 18, 2022;
• Delay the collection process for filers until any active and pending penalty abatement requests have been processed;
• Streamline the reasonable cause penalty abatement process for taxpayers impacted by the COVID-19 pandemic without the need for written correspondence; 
• Provide targeted tax penalty relief for taxpayers who paid at least 70 percent of the tax due for the 2020 and 2021 tax year; and
• Expedite processing of amended returns and provide TAS and congressional caseworkers with timely responses.

While we recognize no single action will alleviate issues that have resulted from difficulties at the IRS spanning administrations of both political parties, these steps would provide our constituents with greater certainty as we enter this year’s filing season. Thank you for your attention to this urgent matter and the dedication of the IRS and Treasury personnel to improving the filing process in these extraordinary times.

Sincerely,

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WASHINGTON – Following a recent $65 million settlement between the U.S. government and Balfour Beatty Communities (BBC) LLC, a privatized military housing provider that pled guilty to fraudulent business practices, U.S. Sen. Mark R. Warner (D-VA) joined 16 Democratic Senators in a new oversight effort to protect the nation’s servicemembers from unsanitary, unsafe living conditions at military base housing operated by BBC, as well as by other privatized housing companies. 

In a letter to the Department of Defense, the Senators requested information regarding the management and oversight of long-term military housing contracts following the guilty plea by Balfour Beatty Communities LLC, which continues to operate military housing communities at 55 military installations across the country, including in Virginia – at Fort Eustis and Fort Story. Many of these management contracts have several decades remaining.

“Given that BBC continues to manage housing communities at 55 installations across the nation and has several decades left on their long-term contracts, we ask the following questions about how this settlement will affect the management of these properties and how DoD plans to ensure quality housing for military families moving forward,” the Senators wrote.

The letter inquires as to whether DoD plans to renegotiate or alter any of the existing terms of long-term contracts with private housing contractors to provide for more immediate and comprehensive oversight for military housing.

Sen. Warner has fiercely advocated for and secured a number of reforms to the privatized military housing system over the years, in response to the well-documented health hazards in military homes across the country. As noted in the letter, he successfully secured large portions of his military housing legislation, the Ensuring Safe Housing for our Military Act, in the FY20 annual defense bill, and subsequently passed provisions in the FY21 defense bill to improve military housing metrics. Most recently, Sen. Warner supported the passage of the FY22 annual defense bill, which included increased accountability measures around military housing, by requiring the Secretaries of the military departments to ensure that personnel performance evaluations assess the extent to which certain military officers have exercised effective oversight and leadership of military privatized housing.

Joining Sen. Warner were 16 Senators including: U.S. Sens. Rev. Raphael Warnock (D-GA), Tammy Duckworth (D-IL), John Hickenlooper (D-CO), Kyrsten Sinema (D-AZ), Michael Bennet (D-CO), Jack Reed (D-RI), Mark Kelly (D-AZ), Jon Ossoff (D-GA), Ben Ray Luján (D-NM), Dianne Feinstein (D-CA), Chris Van Hollen (D-MD), Kirsten Gillibrand (D-NY), Martin Heinrich (D-NM), Patty Murray (D-WA), Bernard Sanders (I-VT), and Sherrod Brown (D-OH).

A copy of the letter is available here and below.

Dear Secretary Austin,

We write regarding current Department of Defense (DoD) oversight of private housing contractors in the wake of the recent Department of Justice (DoJ) settlement with Balfour Beatty Communities LLC.

On December 22, 2021, the Department of Justice announced that the housing contractor Balfour Beatty Communities LLC (BBC) pleaded guilty to major fraud against the U.S. government and agreed to pay $65 million in fines and restitution. Following national publicity of pervasive concerns with privatized on-post military housing in 2018, the Department of Defense took steps to hold housing contractors to account for their failures to maintain adequate housing conditions for military families and to communicate with servicemembers and their families their rights. Congress also endeavored to improve military housing with the “Ensuring Safe Housing for our Military Act” as part of the Fiscal Year 2020 Defense Authorization Act. Despite these efforts, concerns persist, and bases and families continue to file lawsuits against the companies, including BBC, for many issues, including for repair delays, toxic mold, pests, unsealed windows and doors, and gas leaks.  We cannot expect our nation’s military families to suffer these conditions.    

In the DoJ release concerning the BBC plea and settlement, Deputy Attorney General Lisa O. Monaco said, “Instead of promptly repairing housing for U.S. servicemembers as required, BBC lied about the repairs to pocket millions of dollars in performance bonuses. This pervasive fraud was a consequence of BBC’s broken corporate culture, which valued profit over the welfare of servicemembers.” According to the release, for over six years, BBC employees falsified information to allow BBC to claim incentive fees for performance objectives primarily related to housing upkeep and resident satisfaction that had, in fact, not been met. These actions resulted in maintenance delays and an inability of the military services to accurately conduct oversight of the company and correct performance.

Given that BBC continues to manage housing communities at 55 installations across the nation and has several decades left on their long-term contracts, we ask the following questions about how this settlement will affect the management of these properties and how DoD plans to ensure quality housing for military families moving forward.

• How will the December 2021 Department of Justice settlement with BBC affect the company’s current contracts with the Department of Defense?
• According to the Department of Justice release, the settlement with BBC includes three years of probation and engagement with an independent compliance monitor. What does this mean for BBC’s current contracts at 55 installations? 
• What mechanisms are in place to ensure similar fraudulent behavior will not happen again?
• Does the Department of Defense plan to renegotiate or alter any of the existing terms of long-term contracts with private housing contractors to provide for more immediate and comprehensive oversight?
• How does the Department of Defense plan to instill trust in military families that BBC and others will meet their housing needs?
• What actions will the Department take to ensure BBC and other privatized housing companies are providing a sufficient quantity of quality housing for military families at bases where there is a serious need for additional housing? Has the Department considered increasing competition by allowing multiple companies to operate on bases, or by other means, to improve the availability and quality of housing for military families?

Thank you for your urgent attention to this critical issue. Our nation’s servicemembers and military families deserve to live in quality housing and trust that the U.S. government and private contractors will be responsive, respectful, and committed to meeting their needs.

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WASHINGTON – U.S. Sen. Mark R. Warner today joined a bipartisan, bicameral group of colleagues in calling on the U.S. Department of the Treasury and the Internal Revenue Service (IRS) to provide penalty relief for taxpayers amid extensive, ongoing processing backlogs at the IRS. The House version of the letter was led by U.S. Representatives Linda Sánchez (D-Calif.-38), Darin LaHood (R-Ill.-18), Richard Neal (D-Mass.-01), Vern Buchanan (R-Fla.-16), Mike Thompson (D-Calif.-05), Tom Rice (R-S.C.-07), Bill Pascrell (D-N.J.-09), Drew Ferguson (R-Ga.-03), Judy Chu (D-Calif.-27), and Ron Estes (R-Kan.-04).

“While the COVID-19 pandemic has strained every federal agency, the impact on the IRS has been particularly severe,” wrote the group of lawmakers to Treasury Secretary Janet Yellen and IRS Commissioner Charles Rettig. “As of December 23, 2021, the IRS continued to have a backlog of 6 million Forms 1040 (Individual Income Tax Returns) and 2.3 million amended individual tax returns. In addition, the IRS has 2 million Forms 941 (Employer Quarterly Tax Returns) that must be processed before the nearly 500,000 amended Forms 941 can be processed.”

The lawmakers noted the delayed processing of amended returns has been particularly devastating to small businesses whose applications for emergency loans from the Small Business Administration have been caught in limbo nearly two years after the COVID-19 pandemic began.

“Recognizing the extraordinary challenges of the COVID-19 pandemic, in addition to the IRS operating with antiquated technology and a constrained budget, we find the current situation alarming. We stand ready to support the IRS and look forward to hearing how we can help you address any obstacles facing the agency. However, we respectfully request the IRS consider the following measures to bring immediate relief to taxpayers, and reduce the backlog, during this tax filing season,” the lawmakers added. “...While we recognize no single action will alleviate issues that have resulted from difficulties at the IRS spanning administrations of both political parties, these steps would provide our constituents with greater certainty as we enter this year’s filing season.”

This effort is supported by the Tax Professionals United for Taxpayer Relief Coalition, which includes the American Institute of CPAs (AICPA), National Association of Enrolled Agents (NAEA), Padgett Business Services, H&R Block, Latino Tax Professional Association, National Association of Tax Professionals (NATP), National Society of Tax Professionals (NSTP), National Society of Accountants (NSA), National Society of Black Certified Public Accountants (NSBCPA), National Conference of CPA Practitioners (NCCPAP), Diverse Organization of Firms Advocacy Committee, National Association of Black Accountants (NABA), and Prosperity Now.

“The Tax Professionals United for Taxpayer Relief Coalition is grateful to Senators Menendez and Cassidy and the 214 Members of Congress for their leadership towards making this tax filing season a little easier for taxpayers and practitioners. The Coalition represents millions of taxpayers from diverse backgrounds, including those representing Latinos, African Americans, small businesses and low-income taxpayers – Senators Menendez and Cassidy and their colleagues are fighting for these taxpayers. Together, we aim to reduce contact with an agency under strain. We ask that the IRS heed the unified voice of our stakeholder coalition and Members of Congress to grant taxpayers relief now.”  

Full text of the letter is available here and below. 

Dear Secretary Yellen and Commissioner Rettig,

As the 2022 tax filing season fast approaches, we are concerned about the unprecedented challenges facing the Internal Revenue Service (IRS) and the ongoing impact on our constituents. While the COVID-19 pandemic has strained every federal agency, the impact on the IRS has been particularly severe. As of December 23, 2021, the IRS continued to have a backlog of 6 million Forms 1040 (Individual Income Tax Returns) and 2.3 million amended individual tax returns.  In addition, the IRS has 2 million Forms 941 (Employer Quarterly Tax Returns) that must be processed before the nearly 500,000 amended Forms 941 can be processed.

In many cases, the delayed processing of amended returns has been devastating to small businesses in our communities whose applications for emergency loans from the Small Business Administration have been caught in limbo nearly two years after the COVID-19 pandemic began. The situation has deteriorated to a point that the Taxpayer Advocate Service (TAS) will no longer accept cases solely involving the processing of amended returns. This has made it impossible for frustrated taxpayers to find any help.  When our constituents cannot get assistance from the IRS and TAS, they contact us, and we have our hands tied at this point as well. 

Recognizing the extraordinary challenges of the COVID-19 pandemic, in addition to the IRS operating with antiquated technology and a constrained budget, we find the current situation alarming. We stand ready to support the IRS and look forward to hearing how we can help you address any obstacles facing the agency. However, we respectfully request the IRS consider the following measures to bring immediate relief to taxpayers, and reduce the backlog, during this tax filing season:

• Halt automated collections from now until at least 90 days after April 18, 2022;
• Delay the collection process for filers until any active and pending penalty abatement requests have been processed;
• Streamline the reasonable cause penalty abatement process for taxpayers impacted by the COVID-19 pandemic without the need for written correspondence; 
• Provide targeted tax penalty relief for taxpayers who paid at least 70 percent of the tax due for the 2020 and 2021 tax year; and
• Expedite processing of amended returns and provide TAS and congressional caseworkers with timely responses.

While we recognize no single action will alleviate issues that have resulted from difficulties at the IRS spanning administrations of both political parties, these steps would provide our constituents with greater certainty as we enter this year’s filing season. Thank you for your attention to this urgent matter and the dedication of the IRS and Treasury personnel to improving the filing process in these extraordinary times.

Sincerely,