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 DentEx-lawmakers see tough job market with trade groups Dem, GOP groups prepare spending blitz for midterms Fortenberry named chairman of legislative appropriations subcommittee in House 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 TrumpReporters defend CNN's Acosta after White House says he 'disrespected' Trump with question Security costs of Trump visit to Scotland sparks outrage among Scottish citizens Ex-CIA officer: Prosecution of Russians indicted for DNC hack 'ain't ever going to happen' 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 GarrettTrump taps nominee to lead Export-Import Bank Who has the edge for 2018: Republicans or Democrats? Rejected Trump nominee quietly hired by SEC: report 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 NoemTrump, GOP launch full-court press on compromise immigration measure Trump says he will sign executive order to end family separations Six takeaways from 2018's Super Tuesday 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 RyanFive GOP lawmakers mulling bid to lead conservative caucus On The Money — Sponsored by Prudential — Trump walks back criticism of UK Brexit strategy | McConnell worries US in 'early stages' of trade war | US trade deficit with China hits new record Tampons sent to Dem who called for free feminine hygiene products in House 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 ThuneGOP senators introduce resolution endorsing ICE The real reason Scott Pruitt is gone: Putting a key voting bloc at risk Hillicon Valley: Lawmakers eye ban on Chinese surveillance cameras | DOJ walks back link between fraud case, OPM breach | GOP senators question Google on Gmail data | FCC under pressure to delay Sinclair merger review 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 ShusterOvernight Defense: VA pick breezes through confirmation hearing | House votes to move on defense bill negotiations | Senate bill would set 'stringent' oversight on North Korea talks House passes bipartisan water infrastructure bill Stakeholder group urges Senate panel to fund Amtrak, Northeast Corridor 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 LarsenTransportation Department watchdog to examine airplane cabin evacuation standards Dems win nail-biter in charity congressional soccer game Overnight Finance: Trump signs repeal of auto-loan policy | Justices uphold contracts that bar employee class-action suits | US, China trade war 'on hold' 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 centrists face decision day on Dreamer petition Bipartisan support for medical research is good news for all Trump on collision course with Congress on ZTE 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 RokitaHillicon Valley: California eyes tough net neutrality law | Trump taps chief for DHS tech research arm | Huawei hits back at US restrictions | Republican wants Google antitrust probe | Ex-cyber worker charged with trying to sell stolen tech House Republican urges regulators to probe Google for antitrust violations These three Democrats are no sure thing in November 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 McCarthyElon Musk donated nearly K to Republican PAC, filings show Eric Holder: Calls to abolish ICE are 'a gift to Republicans' Jordan weathering political storm, but headwinds remain 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 RutherfordCarter, Yoder advance in appropriations committee leadership reshuffle Senators introduce measure floating years of prison for those who injure cops Gun protests sweep nation as House passes school safety bill 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 ScaliseFive GOP lawmakers mulling bid to lead conservative caucus Overnight Energy: House to vote on anti-carbon tax measure | Dem says EPA obstructed 'politically charged' FOIA requests | GOP looks to overhaul endangered species law House to vote on measure denouncing carbon tax MORE (R-La.), GOP Conference Chair Cathy McMorris RodgersCathy McMorris RodgersThe Hill's Morning Report — Sponsored by Better Medicare Alliance — Dramatic battle looms after Kennedy’s retirement Immigration overhaul on life support in the House Vulnerable House GOP leader takes lead on family separations bill MORE (R-Wash.), former Democratic National Committee Chairwoman Debbie Wasserman SchultzDeborah (Debbie) Wasserman SchultzGOP lawmaker 'outraged' after being denied entry to migrant children's shelter Right-wing conspiracy theories against ex-congressional IT staffer debunked in plea deal Wasserman Schultz: Infants separated from their parents are in Florida immigrant shelters MORE (D-Fla.) and Rep. Ted DeutchTheodore (Ted) Eliot DeutchGOP congressional candidate tells Parkland father to stop 'exploiting' his daughter's death Senate harassment bill runs into opposition from House House Dems want to hire Parkland students for the summer MORE (D-Fla.), whose district includes Marjory Stoneman Douglas High School  — the site of the mass shooting.

Melanie Zanona contributed.