WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today participated in a virtual Senate Banking Committee hearing with Federal Reserve Chair Jerome Powell, where he stressed the importance of including robust funding for broadband in any future COVID-19 relief package. According to current estimates, there are approximately 700,000 Virginians who still lack access to high-speed internet, which has become increasingly essential for telecommuting, distance learning,  telemedicine, and more amid the COVID-19 crisis. 

“I would argue, over the last eleven months, we've seen broadband is a necessity. I think it is absolutely COVID-19 related,” said Sen. Warner in questioning with Chairman Powell. “I hope that the current package can be changed to actually include a sizeable investment in broadband as good as our four bipartisan packages have been to date.”

He continued, “Experts like Tom Wheeler and Blair Levin have said somewhere in the $40 to $50 billion range, we can get about 97 percent coverage along with better affordability.”

In response, Chairman Powell said, “I would agree that it is a classic piece of infrastructure for the modern economy, for the service economy, for the technologically advanced economy and having it...as broadly available as possible could be a significant benefit economically.”

As a former governor and now in the Senate, Sen. Warner has long fought for increased access to broadband in the Commonwealth. In December, Sen. Warner negotiated and passed COVID-19 relief legislation that included $7 billion towards broadband, including $3.2 billion for an Emergency Broadband Benefit to help low-income families maintain their internet connections, $285 million to support broadband access in minority communities, and $300 million in broadband grants modeled on bipartisan provisions Sen. Warner drafted with his colleagues. Sen. Warner has also introduced  comprehensive broadband infrastructure legislation to expand access to affordable high-speed internet, and has also introduced bipartisan legislation with Sens. Lindsey Graham and Tim Scott (R-SC) to establish a $10 billion Broadband Development Fund to prioritize funding for areas that currently lack service, support the deployment of advanced technologies in areas where there is the greatest need, and encourage projects that can quickly provide internet service.

According to the Federal Communications Commission (FCC), about 21 million Americans do not have access to 25/3 mbps internet, which is the FCC’s standard for high speed broadband. Of that 21 million, 16 million live in rural areas, while 5 million live in urban areas. 

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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 – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) along with Sens. Ben Cardin and Chris Van Hollen (both D-MD) announced a bill to renew the federal funding commitment to Metro for the next ten years – legislation that comes at a critical time for the Washington Metropolitan Area Transit Authority (WMATA), which continues to provide critical service to essential frontline and federal workers despite the challenges of the COVID-19 crisis.

“Last year, I was proud to help negotiate the December COVID-19 relief bill that provided critical emergency relief funding to help WMATA stay afloat and avoid drastic service and staffing cuts,” said Sen. Warner, a member of the Committee on Banking, Housing and Urban Affairs, which has oversight over our nation’s urban transit systems. “With this legislation, we have the opportunity to ensure that WMATA can continue to support our federal workforce in the long term, as well as provide reliable and timely service for individuals – including many essential workers – commuting in and out of Virginia, DC, and Maryland.” 

“It’s critical Congress provide this necessary funding to help people, especially frontline workers, get around the DMV amid the pandemic,” Sen. Kaine said. “I urge our colleagues to support this vital legislation that will help prevent significant cuts, and allow individuals to rely on safe and efficient travel.”

“Maintaining a safe and reliable public transit system for the seat of the federal government is a clear national priority. We recognized 10 years ago - as we do now - that providing dedicated funding for WMATA will help keep Metro on track for everyday use and during national and regional emergencies. Metro and its workers have been on the front lines as essential workers providing vital service to others who also are keeping our communities, our health system and our economy running during this challenging time,” said Sen. Cardin, Chair of the Senate Environment and Public Works Transportation and Infrastructure Subcommittee. “Our bill helps put Metro on solid footing into the future as our region emerges from the COVID-10 pandemic.”

“WMATA provides a vital network that keeps our region connected and moving — getting federal employees to their jobs, essential workers to the front lines of the fight against the pandemic, and getting area residents and visitors where they need to go,” said Sen. Van Hollen. “As we continue to weather the COVID-19 storm, this bill helps WMATA not only meet the current needs in this crisis, but also makes the long-term improvements necessary to enhance safety, efficiency, and reliability for riders for years to come.” 

Recognizing that the Metro system is integral to the functioning of the federal government, for the past decade, Congress has provided Metro with $150 million annually for capital expenses, with Virginia, Maryland, and the District of Columbia each providing $50 million in matching funds. The Metro Safety, Accountability and Investment Act of 2021 will ensure that WMATA can continue to count on this full federal funding for an additional ten years by reauthorizing funding levels from the Passenger Rail Investment and Improvement Act of 2008 through fiscal year 2030, at an annual level of $150 million, matched by funding from Virginia, Maryland and the District of Columbia.

Additionally, this legislation would help bring about a series of key safety, oversight, and governance reforms at WMATA by including an additional $50 million per year in federal funding that is not subject to local match, bringing the annual federal commitment to Metro to $200 million. In order to access the additional $50 million, WMATA will be required to: further empower Metro’s Inspector General; establish task forces on track safety and bus safety; implement policy and procedures to improve WMATA’s capital planning process; improve the transit asset management planning process; continue to reinforce restrictions on the activities of alternate WMATA Board members to provide more effective Board management and oversight; and prioritize the implementation of new cyber security protections and the integration of wireless services and emergency communications networks.

The bill also restricts WMATA from using federal funds on a contract for rolling stock from any country that meets certain criteria related to illegal subsidies for state-owned enterprises. Sens. Warner, Kaine, Cardin and Van Hollen have previously raised concerns regarding the possibility of Metro awarding a contract to build its newest 8000-series rail cars to a Chinese manufacturing company.  

This legislation has the support of a number of groups and organizations, including 2030 Group, Alexandria Chamber of Commerce, Arlington Chamber of Commerce, Coalition for Smarter Growth, Connected DMV, DC Sustainable Transportation, Federal City Council, Georgetown Business Improvement District, Greater Washington Board of Trade, Greater Washington Partnership, Loudoun Chamber, MetroNow Coalition, Montgomery County Chamber of Commerce, Northern Virginia Chamber of Commerce, Northern Virginia Transportation Alliance, Northern Virginia Transportation Authority, Northern Virginia Transportation Commission, Prince George's Chamber of Commerce, Tysons Partnership, and Virginia Transit Association. 

“This bill once again demonstrates our Congressional delegation’s leadership supporting critically needed funding to maintain a safe and reliable transportation system, and it will be critical to the region’s recovery for years to come,” said Paul J. Wiedefeld, Metro General Manager and CEO. “We welcome provisions that will increase transparency and ensure taxpayer funds are well-spent to continue to earn the public’s confidence.  We thank the authors of this bill for understanding the importance of Metro to the entire region.”

“The Metro system is one of the nation’s great public assets that millions of people rely on every year – from federal workers to visitors from around the world,” said Paul C. Smedberg, WMATA Board of Directors Chair. “We’re deeply thankful for the work of our region’s Congressional delegation to establish a long-term source of funding so we can continue to serve the public and bolster the independent oversight that is critical to maintaining trust with our customers.” 

“Sustainable, federal PRIIA funding for WMATA is an investment in one of our country's most important mass transit systems -- connecting Virginia, Maryland and DC and serving our nation's capital,” said Virginia Secretary of Transportation Shannon Valentine.  “With the safety and accountability this legislation requires, our federal delegation is providing a lifeline for essential workers and a commitment to the region's economic future.”

“As we recover from the pandemic and move our economy forward, it is crucial that Metro delivers safe, reliable, efficient and equitable services to millions of riders including federal employees,” said Jack McDougle, President & CEO of the Board of Trade and a founding member of the MetroNow Coalition. “The reauthorization is needed to ensure access to opportunities for all our residents and keep the region competitive. The second largest public transit system in the country, Metro requires sufficient resources to make the right investments as well as keep up with the latest technology.”

“A safe, reliable and affordable Metrorail and Metrobus is critical to our region’s economic recovery,” said Julie Coons, President and CEO of the Northern Virginia Chamber of Commerce and a founding member of the MetroNow Coalition. “The WMATA Authorization’s Federal investment now will keep Congress’ commitment to our transit system – the same system the Federal government and its employees rely upon – and help get the region fully running again.” 

“Metro is the backbone of our region, critical for our government, private-sector, and essential workforce, and a lynchpin in our efforts to reduce the greenhouse gas emissions that cause climate change," said Stewart Schwartz, Executive Director of the Coalition for Smarter Growth and a founding member of the MetroNow Coalition.

Bill text is available here. A one page summary is available here. The legislation is expected to be formally introduced when the Senate returns to session next week following the President’s Day work period. 

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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), a member of the Senate Committee on Banking, Housing, and Urban Affairs, today released a statement after the U.S. Department of Housing and Urban Development (HUD), the Department of Veterans Affairs (VA), and the Department of Agriculture (USDA) announced an extension of foreclosure and forbearance relief programs to help people stay in their homes during the COVID-19 pandemic:

“More than 10 million homeowners are currently behind on their mortgage payments, and one in five renters is behind on their rent. Communities of color in particular are being disproportionately hurt by the ongoing health, economic and housing crises. I’ve been fighting in Congress to help Americans in danger of losing their homes, and I applaud the Biden administration for taking this step to help those who are struggling financially because of the COVID-19 pandemic.” 

Since the beginning of the pandemic, Sen. Warner has fought to protect homeowners and renters facing eviction as a result of the economic crisis. In May, Sen. Warner introduced legislation to create a $75 billion Housing Assistance Fund to help protect renters, homeowners, and communities by preventing avoidable foreclosures, evictions, and utility shut offs.

During bipartisan negotiations over the COVID-19 relief legislation that Congress passed in December, Sen. Warner secured an extension of a federal eviction moratorium until January 30, 2021 – giving the new Biden administration time to put in additional policies, such as those announced today, to help keep Americans in their homes during the pandemic. Sen. Warner also successfully fought to ensure that the relief bill, which was signed into law by President Trump on December 27, 2020, included $25 billion in federal assistance for renters facing financial insecurity as a result of COVID-19. 

The actions announced today by the Biden administration will help homeowners with HUD, VA and USDA loans by:

• Extending the foreclosure moratorium for homeowners through June 30, 2021;
• Extending the mortgage payment forbearance enrollment window until June 30, 2021 for borrowers who wish to request forbearance;
• Providing up to six months of additional mortgage payment forbearance, in three-month increments, for borrowers who entered forbearance on or before June 30, 2020.

Last week, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac would extend their foreclosure moratorium through March 31, 2021. Together, the actions taken by the Biden administration will cover 70 percent of existing single-family home mortgages.

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WASHINGTON – U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today announced that the Federal Emergency Management Agency (FEMA) will award $10 million to the Commonwealth of Virginia to fund the construction of a water storage reservoir in Loudoun County. 

“All Virginians deserve reliable access to healthy drinking water,” said the Senators. “We are glad to announce this $10 million grant to support a safe and dependable water supply in Loudoun County.”

The $10 million grant will help fund the conversion of a retired Luck Stone quarry to a water storage reservoir with a capacity over 1 billion gallons. The project includes a new pumping station with four submersible vertical turbine pumps, and water transmission mains will be installed to fill and discharge water from the reservoir. When completed, the new reservoir will provide additional water storage for the Washington, D.C. metro area so that water supply can be supplemented in the event of a drought. 

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WASHINGTON – Today, Senate Select Committee on Intelligence Chairman Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL) released a joint statement after the Biden administration confirmed Anne Neuberger, the National Security Agency's cybersecurity director, will lead the administration’s response to the SolarWinds breach. Yesterday, Chairman Warner and Vice Chairman Rubio sent a letter to the Intelligence Community urging the Unified Coordination Group to name a leader in the United States’ response to the SolarWinds cyber breach that has affected numerous federal agencies and thousands of private sector entities.

“The federal government’s response to date to the SolarWinds breach has lacked the leadership and coordination warranted by a significant cyber event, so it is welcome news that the Biden administration has selected Anne Neuberger to lead the response. The Committee looks forward to getting regular briefings from Ms. Neuberger and working with her to ensure we fully confront and mitigate this incident as quickly as possible.”

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WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) today participated in a virtual Senate Budget Committee hearing with Neera Tanden, President Biden’s nominee to lead the Office of Management and Budget (OMB). During the hearing, Sen. Warner questioned Tanden about her willingness to conduct a fulsome review of recent Army Corps of Engineers Work Plans, given the previous administration’s seemingly politically-motivated decision-making in prioritizing certain Army Corps projects over others that appear to be more competitive, including the Norfolk Harbor and Channels Deepening and Widening project.

“[Traditionally,] the Army Corp of Engineers civil works program…has been extraordinarily bipartisan. There is a thorough review where projects come forward, get evaluated, and then on a basis of points usually get added into that precious New Start category,” said Sen. Warner. “Unfortunately, over the last couple of years, we’ve seen that process politicized.” 

He continued, “We’ve seen a project…the Norfolk Harbor…clearly been qualified as the top project to get funded under any kind of objective analysis. But at the eleventh and a half hour, that objective analysis was thrown out the door by the previous administration’s OMB, and a political process took over. So I hope that you will be willing to conduct a full review of the Army Corp work plans to make sure that we can get back to a fair evaluation.” 

Given the critical work the Army Corps does in states across the country, Congress regularly provides substantial funding to the Army Corps of Engineers Civil Works program to help address the backlog of civil works projects. In providing additional funding, Congress has traditionally entrusted Army Corps professionals to determine which projects provide the greatest return on taxpayers’ investment. However, over the course of the past four years, these recommendations have seemingly been ignored or overruled by the Trump administration, in favor of other projects that appear to serve political means. 

A New Start designation would allow the Norfolk Harbor and Channels Widening and Deepening project to advance to its next stage of construction and receive Army Corps funding. Currently, the project is progressing using a combination of state and local funds.

Sen. Warner, a former Virginia governor, has been a champion in Congress for the Norfolk Harbor Widening and Deepening project, which will expand Norfolk Harbor’s shipping channels, improve navigation, and energize the national, state and local economy. In 2018, Sen. Warner successfullypushed for the inclusion of the Norfolk Harbor project, in addition to other coastal resiliency programs, in the bipartisan water infrastructure bill. Earlier this year, he led the entire Virginia congressional delegation in sending a letter to OMB requesting a New Start designation for the Norfolk Harbor project – a request they made in 2020 as well.

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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 and Tim Kaine (both D-VA) sent a letter urging the Biden administration to take the necessary steps to ensure that residents in rural communities have access to the COVID-19 vaccine. The letter follows reporting that there are no pharmacies in Southwest Virginia participating in the Federal Retail Pharmacy Program for COVID-19 Vaccination, a program that aims to expedite COVID-19 vaccine distribution by shipping vaccine doses directly to retail pharmacy locations.

“We have heard from a number of providers, community leaders, and other stakeholders expressing their concerns about a lack of adequate vaccine access in rural areas of Virginia. We understand that current vaccine doses are limited in every community and do believe that you are working in good faith to best distribute and administer a limited number of vaccine supplies. However, we are particularly concerned with recent reports that there are zero Southwest Virginia pharmacies participating in the Federal Retail Pharmacy Program,” wrote the Senators to U.S. Department of Health and Human Services (HHS) Acting Secretary Norris Cochran and Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky.

While the CDC lists CVS Pharmacy as the only retail partner in the program for Virginia, there are no CVS pharmacies in Southwest Virginia that are currently participating in the program. In their letter, the Senators applauded the program to help get more Americans vaccinated to better combat the COVID-19 health crisis, while underscoring the need for the program to include providers in Southwest Virginia.

“As you know, Americans in rural and underserved communities are more likely to be older or otherwise at-risk for developing severe infection from COVID-19. This reality makes it all the more important to appropriately expedite available vaccine doses to these communities. We appreciate that by launching the Federal Retail Pharmacy Program, HHS and CDC have taken deliberate steps to implement a national vaccination strategy, but we must make sure this national strategy appropriately includes rural communities,” they continued. “We urge you to work with stakeholders in Virginia to expand the Federal Retail Pharmacy Program to include providers in Southwest Virginia. Additionally, we ask that you further examine the Federal Retail Pharmacy Program and your national vaccination strategy to ensure that it includes a plan for equitable vaccine distribution and administration in rural communities.”

A copy of the letter is found here and below.

Dear Acting Secretary Cochran and Director Walensky:

Thank you for your work thus far to combat the COVID-19 pandemic in Virginia and nationally. As the Biden administration continues to ramp up efforts to get more Americans vaccinated, we are writing to request that the U.S. Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) work closely with states and local governments to ensure the equitable distribution and administration of COVID-19 vaccine doses in rural and medically underserved communities. Specifically, we ask that you take the necessary steps of ensuring the newly launched Federal Retail Pharmacy Program has a sufficient number of participating pharmacy partners in rural Southwest Virginia communities.

We have heard from a number of providers, community leaders, and other stakeholders expressing their concerns about a lack of adequate vaccine access in rural areas of Virginia. We understand that current vaccine doses are limited in every community and do believe that you are working in good faith to best distribute and administer a limited number of vaccine supplies. However, we are particularly concerned with recent reports that there are zero Southwest Virginia pharmacies participating in the Federal Retail Pharmacy Program.

As you know, Americans in rural and underserved communities are more likely to be older or otherwise at-risk for developing severe infection from COVID-19. This reality makes it all the more important to appropriately expedite available vaccine doses to these communities. We appreciate that by launching the Federal Retail Pharmacy Program, HHS and CDC have taken deliberate steps to implement a national vaccination strategy, but we must make sure this national strategy appropriately includes rural communities.

We urge you to work with stakeholders in Virginia to expand the Federal Retail Pharmacy Program to include providers in Southwest Virginia. Additionally, we ask that you further examine the Federal Retail Pharmacy Program and your national vaccination strategy to ensure that it includes a plan for equitable vaccine distribution and administration in rural communities.

Thank you in advance for your consideration of this request, and we look forward to hearing back from you. Please do not hesitate to contact us should you have any questions or need additional information from us or our staff.

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WASHINGTON – Today, U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), along with U.S. Rep. Elaine Luria (D-VA), sent a letter urging the Biden Administration to allocate funds to address the deferred maintenance backlog at Colonial National Historical Park in the President’s FY22 budget request. Colonial National Historical Park has a deferred maintenance backlog of over $434 million, the largest backlog of any national park unit in Virginia. Specifically, the members of Congress are requesting that the Department of the Interior allocate funds that were made possible by the passage of Sen. Warner’s legislation, the Great American Outdoors Act (GAOA), to help address deferred maintenance along the Colonial Parkway, which connects Virginia Historic Triangle: Jamestown, Williamsburg, and Yorktown Battlefield.

“As the Department of the Interior continues its work on the FY22 Budget, we urge the Department to allocate funds from the Great American Outdoors Act (GAOA) to address significant deferred maintenance along the historic and vital Colonial Parkway, located within Colonial National Historical Park (COLO). The deferred maintenance backlog at COLO currently stands at $434 million, the highest of any unit in the Commonwealth of Virginia. Critical maintenance needs along the Colonial Parkway make up a significant portion of COLO’s deferred maintenance backlog,” wrote the Members of Congress to Department of the Interior Acting Secretary Scott de la Vega.

In their letter, the members of Congress underscore the vital role the 23-mile scenic Colonial Parkway plays in connecting Virginia’s Historic Triangle, which Jamestown, Williamsburg, and Yorktown rely on for tourism in addition to serving as a critical local commuter route in the region.

“In addition to linking these historic sites, the Parkway has become an important local commuter route in Eastern Virginia. Some sections carry over four million vehicles per year and the Federal Highway Administration predicts a traffic increase of nearly 50 percent over the next 20 years. Repairs to the Colonial Parkway are needed to address significant safety and flooding concerns, preserve and improve access to historical sites like Jamestown and Yorktown Battlefield, and extend the life of the Parkway,” they continued.

The Great American Outdoors Act is a product of Sen. Warner’s more than three-year effort to provide relief to national parks in Virginia, where the maintenance backlog currently sits at $1.1 billion. Last year, four Virginia projects received funding in FY21, including a project to rehabilitate the northern section of the George Washington Memorial Parkway and a project to refurbish a significant portion of Skyline Drive. The members of Congress have also sent a letter in support of  funding repairs along an 11-mile stretch of Colonial Parkway between Williamsburg and Yorktown, Va.

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

Dear Acting Director de la Vega:

As the Department of the Interior continues its work on the FY22 Budget, we urge the Department to allocate funds from the Great American Outdoors Act (GAOA) to address significant deferred maintenance along the historic and vital Colonial Parkway, located within Colonial National Historical Park (COLO). The deferred maintenance backlog at COLO currently stands at $434 million, the highest of any unit in the Commonwealth of Virginia. Critical maintenance needs along the Colonial Parkway make up a significant portion of COLO’s deferred maintenance backlog.

The Colonial Parkway holds significant historical value and plays a vital role for communities in Eastern Virginia. Completed in 1957, the Colonial Parkway is a 23-mile scenic roadway that extends from the York River at Yorktown to the James River at Jamestown. The Parkway connects Virginia’s Historic Triangle: Historic Jamestown, Colonial Williamsburg, and Yorktown Battlefields – three of the most historically significant sites in our country. Congress passed the GAOA in large part to preserve our historical sites for future generations of Americans. Virginia’s Historic Triangle is integral to the story of our nation’s founding.

In addition to linking these historic sites, the Parkway has become an important local commuter route in Eastern Virginia. Some sections carry over four million vehicles per year and the Federal Highway Administration predicts a traffic increase of nearly 50 percent over the next 20 years. Repairs to the Colonial Parkway are needed to address significant safety and flooding concerns, preserve and improve access to historical sites like Jamestown and Yorktown Battlefield, and extend the life of the Parkway.

Thank you for your attention to this request. We understand the difficult task the Department has in allocating GAOA funds. We look forward to working with the Department on implementation of GAOA to ensure our national parks and public lands have the resources they need to reduce the deferred maintenance backlog and rebuild critical infrastructure.

Sincerely,

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WASHINGTON – Today U.S. Sens. Mark R. Warner (D-VA), Mazie Hirono (D-HI) and Amy Klobuchar (D-MN) announced the Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, targeted harassment, and discrimination on their platforms.  

“When Section 230 was enacted in 1996, the Internet looked very different than it does today. A law meant to encourage service providers to develop tools and policies to support effective moderation has instead conferred sweeping immunity on online providers even when they do nothing to address foreseeable, obvious and repeated misuse of their products and services to cause harm,” said Sen. Warner, a former technology entrepreneur and the Chairman of the Senate Select Committee on Intelligence. “Section 230 has provided a ‘Get Out of Jail Free’ card to the largest platform companies even as their sites are used by scam artists, harassers and violent extremists to cause damage and injury. This bill doesn’t interfere with free speech – it’s about allowing these platforms to finally be held accountable for harmful, often criminal behavior enabled by their platforms to which they have turned a blind eye for too long.” 

“Section 230 was passed in 1996 to incentivize then-nascent internet companies to voluntarily police illegal and harmful content posted by their users. Now, twenty-five years later, the law allows some of the biggest companies in the world turn a blind eye while their platforms are used to violate civil and human rights, stalk and harass people, and defraud consumers—all without accountability,” Sen. Hirono said. “The SAFE TECH Act brings Section 230 into the modern age by creating targeted exceptions to the law’s broad immunity. Internet platforms must either address the serious harms they impose on society or face potential civil liability.”

“We need to be asking more from big tech companies, not less. How they operate has a real-life effect on the safety and civil rights of Americans and people around the world, as well as our democracy. Holding these platforms accountable for ads and content that can lead to real-world harm is critical, and this legislation will do just that,” said Sen. Klobuchar. 

The SAFE TECH Act would make clear that Section 230:

·       Doesn’t apply to ads or other paid content – ensuring that platforms cannot continue to profit as their services are used to target vulnerable consumers with ads enabling frauds and scams;

·       Doesn’t bar injunctive relief – allowing victims to seek court orders where misuse of a provider’s services is likely to cause irreparable harm; 

·       Doesn’t impair enforcement of civil rights laws – maintaining the vital and hard-fought protections from discrimination even when activities or services are mediated by internet platforms; 

·       Doesn’t interfere with laws that address stalking/cyber-stalking or harassment and intimidation on the basis of protected classes – ensuring that victims of abuse and targeted harassment can hold platforms accountable when they directly enable harmful activity;

·       Doesn’t bar wrongful death actions – allowing the family of a decedent to bring suit against platforms where they may have directly contributed to a loss of life;

·       Doesn’t bar suits under the Alien Tort Claims Act – potentially allowing victims of platform-enabled human rights violations abroad (like the survivors of the Rohingya genocide) to seek redress in U.S. courts against U.S.-based platforms.

These changes to Section 230 do not guarantee that platforms will be held liable in all, or even most, cases. Proposed changes do not subject platforms to strict liability; and the current legal standards for plaintiffs still present steep obstacles. Rather, these reforms ensure that victims have an opportunity to raise claims without Section 230 serving as a categorical bar to their efforts to seek legal redress for harms they suffer – even when directly enabled by a platform’s actions or design. 

Bill text is available here. A three-page summary is available here. Frequently asked questions about the bill are available here. A redline of Section 230 is available here.

“Social media platforms and the tech companies that run them must protect their users from the growing and dangerous combination of misinformation and discrimination. As we have repeatedly seen, these platforms are being used to violate the civil rights of Black users and other users of color by serving as virtually-unchecked homes for hateful content and in areas such as housing and employment discrimination through the targeting and limiting of who can see certain advertisements. Section 230 must be strengthened to ensure that these online communities are not safe harbors for the violations of civil rights laws. LDF supports Senator Warner and Senator Hirono’s bill as it addresses these critical concerns,” said Lisa Cylar Barrett, Director of Policy, NAACP Legal Defense and Educational Fund, Inc. (LDF)

“Tech companies must be held accountable for their roles in facilitating genocide, extremist violence and egregious civil rights abuses. We applaud Senators Hirono and Warner for their leadership in introducing a robust bill that focuses on supporting targets of civil and human rights abuses on social media while also addressing cyber-harassment and other crimes stemming from the spread of hate and disinformation. The sweeping legal protections enjoyed by tech platforms cannot continue,” said Jonathan A. Greenblatt, CEO of ADL (Anti-Defamation League).

“Platforms should not profit from targeting employment ads toward White users, or from targeting voter suppression ads toward Black users. Senator Warner and Senator Hirono’s comprehensive bill makes it clear that Section 230 does not give platforms a free pass to violate civil rights laws, while also preserving the power of platforms to remove harmful disinformation,” said Spencer Overton, President, Joint Center for Political and Economic Studies.

“I applaud the SAFE TECH Act introduced by Sens. Warner and Hirono which provides useful modifications to section 230 of the 1996 Communications Decency Act to limit the potential negative impacts of commercial advertising interests while continuing to protect anti-harassment and civil and human rights interests of those who may be wrongfully harmed through wrongful online activity,”

Ramesh Srinivasan, Professor at the UCLA Department of Information Studies and Director of UC Digital Cultures Lab, said.

“Congress enacted 47 USC 230 in the mid-1990s to support online innovation and free speech but the way in which courts have very generously read Section 230 have meant there is no legal mechanism that has done more to insulate intermediaries from legal accountability for distributing, amplifying, and carefully delivering unlawful content and facilitating dangerous antisocial connections. Racist, misogynist, and violent antidemocratic forces coalesce online because intermediaries rarely have to account for their social impacts. Senator Warner and Senator Hirono’s proposed changes create a new and necessary incentive for such companies to be far more mindful of the social impacts of their services in areas of law that are of vital importance to the health of the networked information environment. It does this while not abandoning the protection for intermediaries' distribution of otherwise lawful content,” said Olivier Sylvain, Professor at Fordham Law School and Director of the McGannon Center for Communications Research.

“We applaud Senator Warner and Senator Hirono’s important effort to reform Section 230 and thus bring greater accountability to the tech sector. Warner’s proposed reforms are crucial to protecting civil rights and making the web safer for those who have been negatively impacted by much that happens there, both online and off.  We thank Senator Warner and Senator Hirono for tackling this critically important issue,” Wendy Via, Cofounder, Global Project Against Hate and Extremism, said.

“The Cyber Civil Rights Initiative welcomes this effort to protect civil rights in the digital age and to hold online intermediaries accountable for their role in the silencing and exploitation of vulnerable communities. This bill offers urgently needed provisions to limit and correct the overzealous interpretation of Section 230 that has granted a multibillion dollar industry immunity and impunity for profiting from irreparable injury,” said Mary Anne Franks, President, Cyber Civil Rights Initiative and Danielle K. Citron, Vice President, Cyber Civil Rights Initiative.

“For too long, companies like Facebook and YouTube have undermined the rights and safety of Muslims and communities of color in the U.S. and around the world. We have urged them to take responsibility for the targeted hate and violence, including genocide, facilitated by their platforms but these companies have refused to act,” said Madihha Ahussain, Muslim Advocates Special Counsel for Anti-Muslim Bigotry. “We appreciate Senators Warner and Hirono for introducing the SAFE TECH Act, which includes essential adjustments to Section 230 and will finally hold these companies accountable for violating people’s rights.”

“The SAFE TECH Act is an important step forward for platform accountability and for the protection of privacy online. Providing an opportunity for victims of harassment, privacy invasions, and other violations to remove unlawful content is critical to stopping its spread and limiting harm,” said Caitriona Fitzgerald, Interim Associate Director and Policy Director, Electronic Privacy Information Center (EPIC).

“The SAFE TECH Act is the Section 230 reform America needs now. Over-expansive readings of Section 230 have encouraged reckless and negligent shirking by platforms of basic duties toward their users. Few if any of the drafters of Section 230 could have imagined that it would be opportunistically seized on to deregulate online arms sales, protect sellers of defective merchandise, permit genocidaires to organize online with impunity, or allow dating sites to ignore campaigns of harassment and worse against their users. The SAFE TECH Act reins in the cyberlibertarian ethos of Section 230 imperialism, permitting courts to carefully weigh and assess evidence in cases where impunity is now preemptively assumed,” Frank Pasquale, Author of The Black Box Society and Professor at Brooklyn Law School, said.

“For far too long online platforms have placed profit over accountability and decency, and allowed misinformation, algorithmic discrimination, and online hate to be weaponized. When the Communications Decency Act was passed in 1996, no one imagined it would be used to shield the most valuable companies in the world from basic civil rights compliance,” said David Brody, Counsel and Senior Fellow for Privacy and Technology, Lawyers’ Committee for Civil Rights Under Law. “This bill would make irresponsible big tech companies accountable for the digital pollution they knowingly and willfully produce, while continuing to protect free speech online. Black Americans and other communities of color are frequent targets of online hate, threats and discrimination, and many of these online behaviors would not be tolerated if they occurred in a brick-and-mortar business. It is time that big tech stop treating our communities of color like second-class citizens, and give them the protection they deserve.”

“It is unacceptable that Big Tech enjoys near total legal immunity from the harm that their platforms expose to children and families. Tech companies should not be able to hide behind Section 230 to avoid abiding by civil rights laws, court injunctions, and other protections for families and the most vulnerable in society. Reforms proposed by Sens. Warner and Hirono begin to change that. It is time to hold these companies accountable for the harms their platforms have unleashed on society,” said James P. Steyer, CEO and Founder, Common Sense.

“The deadly insurrection at the Capitol made clear that lawmakers must take immediate action to ensure multi-billion-dollar social media companies, whose business models incentivize the unchecked spread of hate-fueled misinformation and violent clickbait conspiracies, can no longer abuse Section 230’s broad protections to evade civil rights laws,” said Arisha Hatch, Color Of Change Vice President and Chief of Campaigns. “The SAFE TECH Act from Sen. Warner and Sen. Hirono is critical. The proposed reform would not only prevent power-hungry social media companies from leveraging Section 230 to turn a blind eye to civil rights violations on their platforms, but it would also incentivize them to take down dangerous paid and organic content — and establish better protections against real world harms like cyberstalking, which disproportionately impacts Black women. We strongly encourage members of Congress to support this legislation, which represents a significant step towards finally holding Big Tech accountable for their years-long role in enabling civil rights violations against Black communities.”

“After 2020 no-one is asking if online misinformation creates real-world harms - whether it's COVID and anti-vaxx misinformation, election-related lies or hate, it is now clear that action is needed to deal with unregulated digital platforms. Whereas users can freely spread hate and misinformation, platforms profit from traffic regardless of whether it is productive or damaging, the costs are borne by the public and society at large. This timely bill forensically delineates the harms and ensures perpetrators and enablers pay a price for the harms they create. In doing so, it reflects our desire for richer communication technologies, which enhance our right to speak and be heard, and that also respect our fundamental rights to life and safety,” said Imran Ahmed, CEO, Center for Countering Digital Hate. 

“Our lives are at stake because hate and white supremacy is flourishing online. On January 6th we saw the results of what continuous disinformation and hate online can do with the insurection and domestic terrorist attack on the U.S. Capitol, where five lives were lost,” said Brenda Victoria Castillo, President & CEO, National Hispanic Media Coalition. “It is time to hold online platforms accountable for their role in the radicalization and spread of extremist ideologies in our country. NHMC is proud to support Senator Warner's limited reform of Section 230, and applauds his efforts to safeguard our democracy and the Latinx community.”

“Senator Mark Warner is a leader in ensuring that technology  supports democracy even as it advances innovation. His and Senator Hirono’s new Section 230 reform bill now removes  obstacles to enforcement against discrimination, cyber-stalking, and targeted harassment in the online world. The events of Jan 6 demonstrated that what happens online isn’t just a game. Online conspiracy theories, discrimination, and harassment are a public danger. The Warner-Hirono bill would go a long way toward addressing these dangers, and incentivizing platforms to move past the current, ineffective whack-a-mole approach to these important online harms,” said Karen Kornbluh, Director of the Digital Innovation and Democracy Initiative at the German Marshall Fund of the US and Former US Ambassador to the Organization for Economic Co-operation and Development.

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