Delegation for 12.15.23: Good defense — impeachment redux — organic lunch — war chant

Defense done

Congress has passed a defense budget and sent it to President Joe Biden’s desk. That comes after months of negotiation between the Democrat-controlled Senate and Republican-majority House.

But as can be the case with products of political compromise, the final legislation left some people on both sides wanting more. The Senate passed the National Defense Authorization Act with an 87-13 vote and in the House with a final roll call of 310-118.

Sens. Marco Rubio and Rick Scott both supported the budget. But Florida’s House delegation broke 16-12.

Dissenting votes came from the left and right. Rep. Matt Gaetz, a Fort Walton Beach Republican, said the bill included many good things but allowed for a greater invasion of privacy by the federal government.

“Only in Washington must we bring a bill to the floor so that we are able to militarily confront China while embracing the policies that make the United States more like China,” Gaetz said, criticizing funding levels for the Foreign Intelligence Surveillance Act (FISA) court.

“There is no desire on the part of our great Armed Services Chair and even the Democrats we worked with to have an extension of spying authorities put in this bill when we have already seen those authorities just totally abused, 278,000 violations of the existing law, as the FBI has queried information regarding Americans.”

Another dissenting vote sat on the opposite end of the political continuum. Rep. Maxwell Frost, an Orlando Democrat, called the spending package a win for defense lobbyists over Americans.

“While Democrats held the line and fought hard to strip out harmful attacks on minority communities and people of color, key fiscal accountability measures have been purposefully left out, leaving taxpayers holding the bag,” Frost said.

“Let’s be clear that adequate funding to ensure our national defense is entirely different from writing a blank check at the cost of Florida’s taxpayers when, for the sixth year in a row, the Pentagon has failed their annual audit.”

Yet Frost was the only Democrat in the Florida delegation to vote against the final bill.

Florida Republicans were more divided — with 10 “yes” and 11 “no” votes. But many said there was more good than not in the budget.

“As a retired Navy Commander, I know ensuring certainty for our military is critical to our national defense,” said Rep. Scott Franklin, a Lakeland Republican. “Providing for our common defense is also the most fundamental of our constitutional duties. While this bill does not include all the conservative wins I fought for in the version previously passed by the House, it is significantly better than the package negotiated with NO Republican input last year.”

Some marked specific wins in the budget. Rep. Vern Buchanan, a Longboat Key Republican, penned two initiatives that made the final bill, including the Rachael Booth Act, providing for victims of domestic abuse from military spouses and a provision exploring the use of black boxes for tactical vehicles.

Others saw losses in conference negotiations. Rep. Dan Webster, a Clermont Republican, lamented resources for the Coast Guard, which were approved previously in the House but ditched during Senate talks. That cut urged him to vote against the final bill.

Rep. Neal Dunn, a Panama City Republican, criticized some provisions of the bill, like a FISA expansion, but ultimately said Congress had an obligation to fund the military adequately. He voted in favor of the final budget.

“We must always take care of our service members, and we must quit passing these large bills at the 11th hour that are packed full of hidden provisions that trample on our rights. I demand a new FISA in April, with guardrails that will prevent bad actors like the DOJ and FBI from persecuting Americans by illegally using this program for corrupt motives,” Dunn said.

Another year, another impeachment

The House opened a formal impeachment inquiry of Biden this week, though whether the House Oversight Committee made an airtight case divided the delegation and the entire House along party lines.

On the House floor, Rep. Byron Donalds argued there’s a direct line between tax crimes for which Hunter Biden, the President’s son, has already been indicted and the commander in chief’s bank account.

“The Democrat Party is telling us they care about taxpayers, but the son of the President of the United States is a tax cheat,” the Naples Republican said.

“He ignored federal tax law on purpose. He laundered money through 20 LLCs (limited liability corporations). He concealed millions of dollars of overseas money. And the only reason he was able to accomplish these feats of getting so much money into his companies is because the President is his father.”

But Democrats scoffed at the opening of an inquiry as a purely political stunt intended to distract from Donald Trump’s legal woes.

“This resolution has nothing to do with protecting the country from high crimes and misdemeanors,” said Rep. Debbie Wasserman Schultz. “How do we know? Because a year of investigation, piles of documents, and a herd of Republicans’ own witnesses confirm there is zero evidence of wrongdoing. Instead, the Republicans’ wasteful witch hunt just confirms that President Biden is a good and honorable man.”

Yet every Republican in the House voted to start the inquiry, a first step toward impeaching the President.

“The American people are finally learning the truth about the scandal-plagued Biden family, something the media refuses to investigate and report on,” said Rep. Mario Díaz-Balart, a Hialeah Republican. “House Republicans are committed to accountability, integrity and honest government. Investigations by the Oversight, Judiciary, and Ways and Means committees have uncovered serious and credible allegations into President Biden’s connections to his family’s business dealings as well as allegations of abuse of power, obstruction, and corruption involving funds from foreign adversaries.”

That’s far from true, according to Rep. Jared Moskowitz. “The only thing they have uncovered is that Joe Biden is the father of Hunter Biden,” the Parkland Democrat said.

Ready for some football?

Basketball has the WNBA. Golf has the LPGA. Is there a space in professional sports for competitive women’s football?

Sen. Marco Rubio sees potential for a competitive sport, at least at the college level. Indeed, after the International Olympic Committee added women’s flag football as an official event for the 2028 Olympics, there may be a need for the competition in the U.S.

The Miami Republican sent a bipartisan letter with Sen. Jeanne Shaheen, a New Hampshire Democrat, urging the NCAA to push colleges and universities to add women’s flag football programs to their offerings.

“Currently, only the institutions of the National Association of Intercollegiate Athletics formally provide women’s flag football programs,” the letter notes.

“More than 30 schools offer this sport to women, with five of those schools based in Florida. With this growing sport and its benefits to women, the Olympic Committee’s announcement is timely. The NCAA should use this opportunity to proactively educate and encourage its schools to formalize programs. This, in turn, would allow collegiate women scholarship opportunities and serve as a feeder to the Olympics where they can proudly represent their country and school.”

Seminole war chant

Meanwhile, both Rubio and Scott continued to promote the successes of Florida State University’s football team this week. The Seminoles finished an undefeated season, though the team was controversially left out of the playoffs.

Regardless, Florida’s Senate delegation submitted a formal resolution congratulating the team, making special note of a victory of the University of Louisville Cardinals that secured the team an ACC championship.

“The entire Seminoles roster, the coaches and the support staff should be recognized for their outstanding season and contributions to an outstanding season,” the resolution reads. “Now, therefore, be it resolved that the Senate — congratulates the Florida State University football team and the students, alumni, faculty, staff, and trustees of Florida State University for winning the 2023 Atlantic Coast Conference Football Championship and completing an undefeated season.”

The resolution heaps praise on some specific figures, including ACC Coach of the Year Mike Norvell and quarterback Jordan Travis, who suffered a season-ending injury last month.

Checks and balances

When the Federal Communications Commission (FCC) in 2016 attempted to regulate privacy and data practices for internet providers, Congress passed legislation stopping the agency. Now. Rep. Kat Cammack said the FCC is trying to do the same thing and ignoring Congress’ prior direction.

The Gainesville Republican led a letter to FCC Chair Jessica Rosenworcel about new Data Breach Reporting Requirements.

“In many ways, the proposed Data Breach Reporting Requirements rules are substantially the same as the rules in the 2016 Privacy Order,” the letter reads.

“For example, requirements for notification, content of customer notification and record-keeping largely mirror each other. Given these similarities, we are shocked that the FCC is attempting to revive these rules after Congress explicitly rejected them. … When Congress overrules an agency, that action is final; no agency has the power to ignore the plain meaning of a Congressional statute. Here, Congress has already spoken: rules like those in the 2016 Privacy Order are not to be adopted. Therefore, we urge you not to move forward with the Data Breach Reporting Requirements Report and Order.”

Co-signatories on the letter include Reps. Dunn, Gus Bilirakis and 10 Representatives from other states, all Republicans.

Tracking opioids, curing diabetes

The passage of a couple of legislative passages in the House advanced a half dozen legislative initiatives originating from Bilirakis’ office.

The Support for Patients and Communities Reauthorization Act (HR 4531), passed by the House Wednesday, contained four provisions by the Palm Harbor Republican. Those included language to stop deadly abuse of the sedative Xylazine, coordination of health and law enforcement resources to track fentanyl, grants to track opioid levels in wastewater, and fixing a system glitch to preserve mental health access for foster kids.

“To better curb the fentanyl crisis, we are seeing in our communities, we must coordinate our efforts between medical experts and law enforcement, and this pilot program will go a long way to ensure we detect fentanyl and remove it from our streets,” Bilirakis said.

Meanwhile, the Lower Costs, More Transparency Act (HR 5378) had two bipartisan provisions penned by the Tampa Bay Congressman. The Special Diabetes Program Reauthorization Act would provide two years of funding for research into Type 1 Diabetes, providing an extra $170 million in support through September 2026. Meanwhile, the Provider and Payers Compete Act would require annual reports on the impact of Medicare regulations on physician fee schedules and push the Center for Medicare and Medicaid Innovation to explore the benefits of consolidation.

“In recent years, we have seen a troubling trend of increased Medicare regulations that have made it more difficult for independent providers to compete in the marketplace. The resulting consolidation leads to fewer options for patients,” Bilirakis said. “Patients deserve health care options, and it is important that we carefully examine the threat that consolidation poses to patient choice. We must also develop a deeper understanding of contributing factors that discourage competition in the marketplace.”

Whole and organic

School lunches could soon include organic milk.

Thanks to an amendment to the Whole Healthy Kids Act spearheaded by Rep. Anna Paulina Luna, all school districts will be notified of the ability to serve up the fancy stuff.

The St. Petersburg Republican said that’s essential to getting healthy options on the cafeteria menu.

“Studies have found that organic milk contains more Omega-3 fatty acids and antioxidants, which help with brain function, heart health and fighting disease,” she said.

“As many parents know, high-quality nutrition is closely related to better academic and behavioral outcomes in children. My amendment empowers parents to decide what is most healthy for their family.”

The amendment doesn’t require organic milk but allows it as an option.

Organic food providers celebrated the move.

“We commend Rep. Luna for championing parental choice and healthy options for children by ensuring access to organic milk in schools,” said Organic Trade Association CEO Tom Chapman. “The inclusion of organic by the House of Representatives embraces America’s rich farming tapestry and recognizes the value of organic dairy.”

PBM transparency

Health care bills clearing the House also contained measures that originated with Rep. Kathy Castor.

The Tampa Democrat wrote language in the Low Costs, More Transparency Act requiring more pricing disclosure from pharmacy benefit managers. This could lead to employers negotiating lower prices for employees on health plans. Castor also said the bill would allow Community Health Centers, National Health Service Corps and Teaching Health Centers — such as Tampa Bay providers Tampa Family Health Centers and Evara Health — to address physician shortages.

She also promoted an expansion of Medicaid coverage for prevention, treatment, and recovery for patients with substance use disorders, along with other mental health conditions.

“American families deserve better information on the actual cost of health services and prescription drugs so they can make informed decisions and keep more money in their wallets,” Castor said. “High costs often cause our neighbors to delay or forgo medical care, and nearly all of us have experienced the great uncertainty of waiting for a medical bill to see what we actually owe. Our bipartisan package out of my Energy and Commerce Committee requires hospitals to make public and display all standard charges for services and requires insurers to make public their negotiated in-network and out-of-network provider rates while improving the quality of care for all our neighbors.”

Early screening

This week, Rep. Vern Buchanan filed the Lung Cancer Screening and Prevention Act (HR 6693).

The Longboat Key Republican, who chairs the House Ways and Means Health Subcommittee, cited studies by the University of Florida that showed early detection can increase the 5-year survival rate for Stage I lung cancer to nearly 90%.

“The federal government should make it easier for seniors to access crucial lifesaving lung cancer screenings and not unreasonably hinder these tests from becoming available for use,” Buchanan said. “Unfortunately, bureaucratic red tape has too often stifled innovation, unreasonably delaying access to advanced testing.”

Federal law now requires that the Food and Drug Administration and the United States Preventive Services Task Force approve lung cancer screening tests before the Center for Medicare and Medicaid Services (CMS) can consider individuals for coverage. That’s a review process that can take five years.

Several health care foundations supported Buchanan’s proposed change in the law, including the Moffitt Cancer Center in Florida.

“Lung cancer claims more lives than any other form of cancer. In fact, it claims more lives annually than breast, colorectal and prostate cancers combined,” said Dr. Jhanelle Gray, Chair of the Department of Thoracic Oncology at Moffitt Cancer Center.

“But we can change this by improving access to early detection and preventive care. Once the evidence is ready for review, the CMS National Coverage Determination process currently in place is sufficient to ensure that the test is ready for patients to benefit. The Lung Screening and Prevention Act would help ensure that new screening and early detection approaches can become widely accessible without undue delay once they are proven effective.”

Young at heart

Rep. Brian Mast sat next to Rep. Don Young in House Transportation and Infrastructure Committee meetings for six years. More than a year after the Alaska Republican’s death, Mast now wants to name the room after his late colleague.

“My friend was a fearless, resilient mountain of man, and his love for Alaska came second only to his love for his family,” the Stuart Republican said. “I can think of no better example for legislators to be reminded of as they walk into the Transportation Committee than that of Don Young: a tireless advocate for his state and someone who understood that infrastructure is what keeps this country moving.”

Mast introduced a bipartisan bill to re-designate the committee room as the Chair Don Young Hearing Room.

Young, at the time of the March 2022 death, was the longest-serving member of the House. He served from 1973 until his death at age 88.

Faster passports

Delays in passports have become one of the most frequent constituent service problems Congressional offices face. Rep. María Elvira Salazar said it’s time Congress starts reforming the system.

The Coral Gables Republican’s Passport System Reform and Backlog Prevention Act, co-sponsored with Rep. Darrell Issa of California, advanced unanimously through the House Foreign Affairs Committee.

If it becomes law, the legislation will impose a 30-day time frame for applications to be processed, provide for surge hiring when there is a backlog, expand a system for first-time adult passport applicants, and mandate electronic notifications on the status of applications. It would also require a top-to-bottom review of the State Department’s issuance system and accelerated technology upgrades.

“Passport processing wait times have been a nightmare for my constituents. It has been almost four years since the start of the pandemic,” Salazar said. “There is no excuse for forcing the American people to wait more than three months for a passport. Our legislation cleans up this mess at the State Department and puts this critical government service back on track.”

On this day

Dec. 15, 1791 — “Bill of Rights is finally ratified” via History.com — Following ratification by the state of Virginia, the first 10 amendments to the U.S. Constitution, known collectively as the Bill of Rights, become the law of the land. In September 1789, the first Congress of the United States approved 12 amendments to the U.S. Constitution and sent them to the states for ratification. The amendments protect the fundamental rights of U.S. citizens, guaranteeing the freedom of speech, press, assembly and exercise of religion; the right to fair legal procedure and to bear arms; and powers not delegated to the federal government would be reserved for the states and the people.

Dec. 15, 1978 — “U.S., China open full relations” via The New York Times — President Jimmy Carter announced a “historic agreement” under which the United States and China will establish diplomatic relations. The President also said that Teng Hsiao‐ping, the powerful Deputy Prime Minister of China, will visit this country Jan. 29. The visit here will be the first by a high-level Chinese Communist official since the end of the Chinese Civil War in 1949. It will end what Administration officials described as “a 30-year anomaly in international affairs.” In a dramatic and unexpected speech on national television, Carter also announced the United States would end diplomatic relations and its mutual defense treaty with Taiwan.

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Peter Schorsch publishes Delegation, compiled by Jacob Ogles, edited and assembled by Phil Ammann and Ryan Nicol.