October 14, 2009

Improving Defense Appropriations

Last week, the Senate passed the Department of Defense Appropriations Act, FY ‘10, H.R. 3326, by a vote of 93-7.  Significant amendments included:

§ AMDT 2588:  Senator Nelson cosponsored and voted for this amendment, which denies funding to Department of Defense contractors who use mandatory arbitration clauses to force sexual assault victims into legal loopholes that prevent them from getting the justice they deserve.  Since December 2007, Senator Nelson has worked this issue, including authoring Sec. 854 of the fiscal year 2009 Defense Authorization, which requires contractors to report these crimes and assist the victims.  S. Amdt. 2588 was agreed to by a vote of 68 to 30.

§ AMDT 2596:  Senator Nelson voted for this amendment he cosponsored on October 1, which will limit the early retirement of tactical aircraft, including F-15s at Tyndall Air Force Base.  The early retirement of these 249 aircraft would reduce 48 F-15s from Tyndall.  The amendment was agreed to by a vote of 91-7.

§ AMDT 2567:  Senator Nelson voted against this amendment, which would have prohibited funding for the Central Intelligence Agency's Center on Climate Change and National Security.  The center will focus on how climate change could affect scarce resources around the world, impact ongoing conflicts, or generate new areas of instability.  The amendment did not pass by a vote of 38 to 60.

§ AMDT 2565:  Senator Nelson voted against this amendment, which would have required the Secretary of Defense to join the National Guard and Reserve process for evaluating the Guard and Reserve's equipment priorities.  This requirement would unnecessarily add a layer of bureaucracy to the Guard and Reserve's internal review process.  This amendment was not agreed to by a vote of 28-70.

§ AMDT 2566:  Senator Nelson voted against this amendment, which would have removed an unspecified number of direct congressional spending items from the Act and directed that funding toward Armed Services' operations and maintenance accounts.  The amendment did not clarify where which funding would be removed.  This amendment was not agreed to by a vote of 25-73.

§ AMDT 2580:  Senator Nelson voted against this amendment, which would have removed funding for the 10 C-17 aircraft that were not included in the President's Budget Request.  This amendment was not agreed to by a vote of 30-68.

§ AMDT 2623:  Senator Nelson voted for this amendment, which will require that certain for-profit companies go through an open competition if they are to receive new direct congressional spending.  Previously funded projects would not be affected by this provision.  This amendment was agreed to by a vote of 77-21.

§ AMDT 2583:  Senator Nelson voted against this amendment, which would have removed funding for the MARIAH Hypersonic Wind Tunnel Development Program.  This amendment was not agreed to by a vote of 43-55.

Baucus Bill Clears Finance Committee

On Tuesday, the Senate Finance Committee voted to pass the America’s Healthy Futures Act (also known as the Baucus Health Care Reform bill) and send it to the Senate Floor.  Senator Nelson voted yes, with all 12 other Democrats and Republican Olympia Snowe of Maine for a final tally of 14-9.  According to the Congressional Budget Office, the bill will expand coverage to 94% of Americans and reduce the deficit by $81 billion over the next 10 years.  The bill contains several provisions that Senator Nelson fought for—protections for seniors from certain tax provisions, fewer cuts to Medicare Advantage programs, and a redistribution of physician residency slots that is likely to bring more primary care doctors to Florida.   Now the bill must be merged with a similar bill passed by the Senate HELP Committee last July.  The full Senate is expected to vote on the merged bill in the next several weeks, at which point it will go to conference with the House’s health care reform measure.  The White House hopes to have a final bill on the President’s desk by Thanksgiving.   

Senate Passes Ag Approps

The Senate passed the conference report to H.R. 2997, the FY ‘10 Agricultural Appropriations bill, by a vote of 76 to 22. Senator Nelson voted for final passage. The bill provides funds for the United States Department of Agriculture, the Food and Drug Administration, the Farm Credit Administration, and the Commodity Futures Trading Commission. The bill also includes over $50 million in funding for multiple projects in Florida, including a plan to reduce the spread of citrus pests and diseases, an initiative to convert cellulosic biomass waste to ethanol, and a project to improve agricultural responses to climate variability.

Fighting Age Discrimination in Workplace

Senator Nelson is an original cosponsor of the Protecting Older Workers Against Discrimination Act introduced by Senator Harkin. In a recent decision, Gross v. FBL Financial, the Supreme Court changed a long-standing standard by placing a much heavier burden of proof on age discrimination victims who file suit for redress. This decision also created an imbalanced system where victims of age discrimination face a higher burden than those alleging race, sex, national origin, or religious discrimination.  The Protecting Older Workers Against Discrimination Act would the reverse Gross decision and make clear that when a victim of age discrimination shows that discrimination was a “motivating factor” behind a decision, the burden is on employers to show they complied with the law.

Increasing Awareness about Medal of Honor

On October 8, Senator Nelson cosponsored the Medal of Honor Commemorative Coin Act, S. 883, which will require the Secretary of the Treasury to mint coins in honor of the Medal of Honor.  Proceeds from the sale of this coin, an expected $8.5 million, will go to the Congressional Medal of Honor Foundation, an organization that educates young Americans about the courage, sacrifice, and service of Medal of Honor recipients.  The Act has been cosponsored by 60 other senators.

Senator Raises Concerns on Sale of Busch Entertainment Corporation

Senator Nelson sent a letter to the CEO of Anheuser-Busch InBev seeking details on the planned sale of Busch Entertainment, which operates Busch Gardens theme parks and SeaWorld parks. Busch Entertainment has an estimated 10,000 employees in central Florida. In the letter, the Senator expressed his concern for job loss and inquired about the economic impact of the sale on local communities.

October 20, 2009

Senate Passes Energy & Water Approps              

The Senate passed the conference report to H.R. 3183, the FY2010 Energy and Water Appropriations bill, by a vote of 80 to 17. Senator Nelson voted for final passage. The bill provides funding for the Army Corps of Engineers, the Department of Energy, and the Nuclear Regulatory Commission. The bill also provides over $332 million for projects in Florida, including Everglades Restoration, Intracoastal Waterway dredging, and various harbor improvement projects that are critical for international commerce.

Getting Insurers to Help with Chinese Drywall

Senator Nelson sent out three letters last week regarding contaminated drywall. The first, to FEMA Administrator Craig Fugate, asked the agency for an immediate review of their emergency aid policy to determine whether the disaster agency can provide financial help to folks with drywall claims not covered by their insurance.  The second letter was sent to the chief executives of the 10 largest property insurers in Florida, asking for an immediate accounting of each company’s policy on covering drywall-related claims and on continuing coverage in cases where homes are found to contain it. The letter takes Florida property insurance companies to task amid reports that at least two of the state’s top insurers are dropping Florida homeowners over claims their houses were built with tainted Chinese drywall.  Finally, he wrote the Florida State Legislature leadership encouraging them to explore remedies for the Chinese drywall problem.  He suggested they consider as an example a law recently passed by the Louisiana legislature that sets aside $5 million in Community Development Block Grant funds to help homeowners affected by Chinese drywall.  His letter also encouraged the legislature to work with the Florida Governor’s office and relevant state agencies to determine, as soon as possible, if Florida has remaining disaster HUD Community Development Block Grant monies or other funds available to provide help for homeowners.

Reopening Bottom Longline Fishery

Last week, Senator Nelson sent a letter to Commerce Secretary Locke asking him to expedite the implementation of a new rule that would reopen the Gulf of Mexico bottom longline reef fishery. The fishery has been closed for more than four months due to a higher-than-allowed number of loggerhead sea turtles deaths associated with logline fishing. Shortly after Senator Nelson sent the letter, signed by eleven other members of the Florida delegation, the Gulf Council announced the reopening of the fishery.

Pushing for Fiscal Balance

Last week, Senator Nelson cosigned a letter to Majority Leader Reid urging the Leader to support a special legislative process for dealing with our nation’s long-term fiscal imbalances.  Such a process might involve expedited consideration of entitlement reform on the Senate floor, which would not be subject to a filibuster or amendments.  The national debt is over $11.9 trillion, and edging toward the current debt ceiling of $12 trillion.  Each citizen’s share of today’s debt is more than $38,000.  The Senator believes Congress must address the long-term fiscal imbalances of the government to ensure that resources are available for critical investments in energy, education, and health care.

Maintaining U.S. Policy toward Cuba

Senator Nelson wrote to the Senate Appropriations Committee last week to urge against language in any fiscal year 2010 appropriations bill that would alter U.S. policy toward Cuba.  The letter specifically supports the President's full request of $32.5 million for the Office of Cuba Broadcasting and requests that current policy requiring U.S. exporters to receive payment in advance of shipments to Cuba be maintained.

Supporting Business in Haiti

Senator Nelson cosigned an October 16 letter to the Chairman and President of the Export-Import Bank (Ex-Im) asking the Bank to reevaluate its prohibition on doing business in Haiti.  The letter explains that Ex-Im financing could help U.S. businesses that would benefit from increasing Haitian trade with the United States.

Condemning Violence in Guinea

Senator Nelson cosigned a letter to Secretary of State Clinton condemning the vicious attacks of by Guinea's Presidential Guard on September 28 that killed at least 157 people, injured more than 1,200, and left scores of women raped and wounded.  The letter urges Secretary Clinton to take measures against senior Guinea officials involved in the attacks.

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