Five things lawmakers want attached to the $1 trillion funding bill

Five things lawmakers want attached to the $1 trillion funding bill
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Congressional lawmakers know the $1 trillion omnibus is the last train leaving the station — the final big piece of legislation Congress must pass before the November election.

So members are frantically lobbying leadership and senior appropriators to attach hundreds of their pet priorities to the massive fiscal 2018 spending package.

In the end, very few of those legislative items are likely to hitch a ride on the omnibus. But that’s not deterring lawmakers from pushing their ideas.

Here are five pitches leadership has heard in recent days. 

Ex-Im Bank  

Retiring Rep. Charlie DentCharles (Charlie) Wieder DentRepublicans divided over legislation protecting Mueller With Ryan out, let’s blow up the process for selecting the next Speaker Retiring GOP rep 'not prepared' to support Trump reelection bid MORE (R-Pa.), a powerful senior appropriator, says he’s tucking his Export-Import Bank legislation into the spending bill for the House Appropriations Committee subcommittee on state and foreign operations.

Whether leadership allows it to stay there is another question. 

After a months-long lapse, the Ex-Im Bank was reopened in late 2015. But because the bank’s seven-member board lacks a quorum, it hasn’t been able to provide U.S. corporations with loans larger than $10 million. That means more than $30 billion in pending loans remain in limbo, Dent said. 

Dent’s bill would lower the quorum on the board so it could approve large loans once more. He is chairman of the Appropriations subcommittee overseeing military construction and Veterans Affairs, but serves on Rep. Hal Roger’s (R-Ky.) sub-panel on state and foreign ops. Rogers is on board, according to Dent. 

“I put it in the State-Foreign Ops bill to allow the Ex-Im Bank to function without a full quorum,” Dent told The Hill. “They don’t have a quorum and without a quorum, they can’t approve loans of over $10 million.”

Part of the reason there are five vacancies on the bank’s board: The full Senate has yet to confirm four of President TrumpDonald John TrumpClinton takes swipe at 'false equivalency' in media coverage of 2016 election Trump asked Netanyahu if he actually cares about peace: report Official: Trump to urge North Korea to dismantle nuclear program in return for sanctions relief MORE’s nominees who already have been approved by that chamber’s Banking Committee.

Trump’s pick to lead the bank, former Freedom Caucus Rep. Scott GarrettErnest (Scott) Scott GarrettManufacturers ramp up pressure on Senate to fill Ex-Im Bank board Five things lawmakers want attached to the trillion funding bill Bipartisan group of House lawmakers urge action on Export-Import Bank nominees MORE (R-N.J.), was rejected by the Banking panel in December over his past votes to dissolve the federal agency.

Online sales tax

Rep. Kristi NoemKristi Lynn NoemOvernight Finance: Congress struggles to strike funding deal as deadline nears | Immigration, ObamaCare, Gateway project divide lawmakers | FTC to probe Facebook | Mnuchin plays hardball on tariffs White House signals commitment to push for expanded online sales tax collections GOP leaders see finish line on omnibus deal MORE is on a mission. The South Dakota GOP gubernatorial candidate has been aggressively pitching her online sales tax legislation to anyone who will listen.

An ally of leadership who serves on the tax-writing Ways and Means panel, Noem this week tried to convince two powerful conservative groups — the Freedom Caucus and Republican Study Committee — that her bill should be included in the omnibus.

Noem’s legislation, the Remote Transactions Parity Act, is backed by President Trump and would expand the authority of states to collect sales taxes on internet purchases. She’s pushing Congress to take action before the courts do; the Supreme Court next month will hear a case, South Dakota vs. Wayfair Inc., that could decide whether states can compel out-of-state online retailers to collect their sales taxes. 

One of Noem’s GOP primary candidates in the governor’s race, state Attorney General Marty Jackley, is representing South Dakota in the court case. As the Rapid City Journal explained: “Whichever candidate succeeds first could receive credit for helping to capture millions of dollars in lost revenue for the state and for city governments.” 

Noem is extremely close with Speaker Paul RyanPaul Davis RyanLieu rips Ryan after Waffle House shooting: ‘When will you stop silencing us?’ To succeed in Syria, Democrats should not resist Trump policy House Republicans prepare to battle for leadership slots MORE (R-Wis.) and his leadership team, and the provision has been discussed in the Speaker’s office in recent days, sources confirmed. But so far, no final decision has been made.

Noem recently told The Hill she believes Ryan would be "willing” to include the online sales tax provision if she can demonstrate it has broad support. But the Speaker has not publicly stated what riders he would accept in the omnibus. “We are not negotiating the omni through the press,” said Ryan spokeswoman AshLee Strong.

“Rep. Noem is working to build on an already broad coalition of support to resolve this issue before the Supreme Court acts, because without legislative guidelines, the expected court decision could cause chaos for small businesses,” said a Noem aide.

“We have been in active talks with the administration and our congressional colleagues about the potential for chaos if the court acts before Congress,” the aide added, “and we are particularly pleased to have the president’s support of a legislative solution.”

FAA short-term extension

Lawmakers from both parties say a short-term reauthorization of the Federal Aviation Administration (FAA) has a good chance of catching a ride on the omnibus. 

Without congressional action, the FAA will shut down at the end of the month.

Sen. John ThuneJohn Randolph ThuneHouse, Senate GOP compete for cash Overnight Tech: Alleged robocall kingpin testifies before Congress | What lawmakers learned | Push for new robocall rules | Facebook changes privacy settings ahead of new data law | Time Warner CEO defends AT&T merger at trial Senators grill alleged robocall kingpin MORE (R-S.D.), chairman of the Commerce, Science and Transportation Committee, signaled this week the FAA extension could be included in the spending package.

His House counterpart, Transportation and Infrastructure Committee Chairman Bill ShusterWilliam (Bill) Franklin ShusterDems push Chao on aviation oversight after death on Southwest flight Dem calls for aviation safety hearing after death on Southwest flight Loss of Ryan hits hard for House Republicans MORE (R-Pa.), said leadership has not made a call and things are still uncertain: The extension could be packaged with the bomnibus or come to the floor as a stand-alone measure. But Shuster pointed out that Congress is running out of time.

“We have to do an extension because the FAA will shut down” on March 31, the chairman said.

Rep. Rick LarsenRichard (Rick) Ray LarsenDems push Chao on aviation oversight after death on Southwest flight Dem calls for aviation safety hearing after death on Southwest flight Five things lawmakers want attached to the trillion funding bill MORE (Wash.), the top Democrat on the Transportation panel’s aviation subcommittee, said there is an opportunity for Congress to tie the FAA extension to the omnibus now that Shuster’s plan to privatize the air traffic control system is “dead.”

The short-term extension “will give us time to sort through a full reauthorization by the end of July,” Larsen told The Hill.

Another House Democrat predicted that both the FAA provision and funding for ObamaCare cost sharing reduction, or CSR, payments would ultimately be included in the final spending package. 

Tribal labor sovereignty

Like Dent, Rep. Tom ColeThomas (Tom) Jeffrey ColeGOP in retreat on ObamaCare McCarthy faces obstacles in Speaker bid This week: House GOP plots path forward MORE (R-Okla.) is a senior appropriator who leads his own Appropriations subcommittee. And he, too, is asking leadership to consider one of his priorities in the omnibus.

The Tribal Labor Sovereignty Act would make clear that the National Labor Relations Board has no jurisdiction over businesses owned and operated by an Indian tribe and located on tribal land. The legislation — authored by GOP Rep. Todd RokitaTheodore (Todd) Edward RokitaGOP Senate candidates trade barbs in brutal Indiana primary GOP lawmakers demand Sessions investigate Clinton, Comey GOP Senate hopefuls race to catch up with Dems MORE, who’s running for the Senate in Indiana — would make it harder for labor unions to organize workers at tribal casinos.

The bill already cleared the House earlier this year, but has not been taken up by the Senate.

“Tribal Labor Sovereignty might be able to make it,” said Cole, a member of the Chickasaw Nation of Oklahoma who chairs the Appropriations subcommittee on labor. “That would be my priority.”

Cole, who remained in Washington over the weekend to continue work on the omnibus, said Ryan and other leaders have instructed bipartisan appropriators to hammer out as many issues as possible but to keep them abreast of the more contentious riders.

“We’re keeping them informed — 'here are the issues, what do you want us to fight to the death on?'” Cole said. “But with some of these issues, they literally want them to be kicked up to them.”

One lobbyist familiar with the tribal labor issue said, “this one is getting kicked upstairs” to leadership. “It’s been such a contentious issue and tribes have tried really hard to get it through the Senate ... Leadership in both parties are engaged in this issue.” 

School safety

Majority Leader Kevin McCarthyKevin Owen McCarthyHouse Republicans prepare to battle for leadership slots Scalise released from hospital after planned surgery House plans May vote to repeal auto-lending guidance MORE (R-Calif.) said the House would soon pass school safety legislation in response to last month’s deadly high school shooting in Parkland, Fla. 

The question is whether Congress will fund that effort in their catchall omnibus bill.

The Students, Teachers and Officers Prevent (STOP) School Violence Act would authorize $50 million a year in new federal grants to help educate students, faculty and law enforcement learn how to spot and report warning signs of potential gun violence. The bill would also develop anonymous telephone and online systems where people could report threats of violence.

But the bill’s author, Rep. John RutherfordJohn Henry RutherfordGun protests sweep nation as House passes school safety bill House passes school safety bill amid gun protests House poised to pass school safety measure MORE (R-Fla.), a former Duval County sheriff, has been pressing leadership and appropriators to include funding for his bipartisan bill in the omnibus.

“It’s a very important issue right now,” Rutherford told The Hill earlier this week. “The sooner that we make these funds available for schools ... the better."

The legislation has more than 75 co-sponsors, including Majority Whip Steve ScaliseStephen (Steve) Joseph ScaliseHouse Republicans prepare to battle for leadership slots Scalise released from hospital after planned surgery The Hill's Morning Report: Inside the Comey memos MORE (R-La.), GOP Conference Chair Cathy McMorris RodgersCathy McMorris RodgersHouse Republicans prepare to battle for leadership slots Some doubt McCarthy or Scalise will ever lead House GOP Young GOP lawmakers want more power MORE (R-Wash.), former Democratic National Committee Chairwoman Debbie Wasserman SchultzDeborah (Debbie) Wasserman SchultzNunes: DNC lawsuit is a ‘scam’ Perez: Confident DNC will get a jury trial in election lawsuit Trump mocks DNC lawsuit: They are suing 'Republicans for winning' MORE (D-Fla.) and Rep. Ted DeutchTheodore (Ted) Eliot DeutchBipartisan group of lawmakers condemn anti-Semitic attacks on Parkland students House Ethics calls on Farenthold to pay back K taxpayer-funded harassment settlement Esty seeks Ethics investigation into her own conduct MORE (D-Fla.), whose district includes Marjory Stoneman Douglas High School  — the site of the mass shooting.

Melanie Zanona contributed.