FAA Reauthorization in the Senate and a Motion to Vacate in the House

The Senate adjourned last week without reaching a time agreement on consideration of the Federal Aviation Administration Reauthorization. The path forward remains unclear, which means it is possible that the Senate will be unable to complete work on the FAA bill this week, necessitating another short-term extension.

While the House awaits Senate action on FAA Reauthorization, leadership anticipates that it will soon need to deal with the Motion to Vacate (MTV) the Chair filed by Rep. Marjorie Taylor Greene (R-GA). Democratic leadership announced last week they will vote to table the motion, meaning it will not succeed. Thus far, only three Republicans have announced support for the MTV and there is a considerable degree of opposition, including from Rep. Bob Good (R-VA), who chairs the House Freedom Caucus. If support grows substantially, it may signal that Greene could file additional MTVs at a later date – and Democratic leadership has made clear their pledge to vote to table applies only to this week’s vote. Speaker Johnson met for two hours with Rep. Greene and Rep. Thomas Massie (R-KY) – and agreed to meet again today.  Speaker Johnson not surprisingly is trying to convince Rep. Greene to stand down and not file the MTV.

The House will vote on the following measures:

• Hands Off Our Home Appliances Act (H.R.6192), which would prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for certain home appliances that are not economically justified or technologically feasible.
• Equal Representation Act (H.R.7109), which would require a citizenship question on the decennial census and modify apportionment of Representatives to be based on U.S. citizens instead of all persons.
• Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to Staff Accounting Bulletin No. 121 (H.J.Res.109), which relates to safeguards for crypto-assets held by entities for platform users.
• Mining Regulatory Clarity Act (H.R.2925), which would establish a process to allow mine operations to occupy and conduct operations on public land regardless of whether a mineral deposit has been discovered. (The bill is being marked up after Democrats prevailed last week on a motion to recommit).

Congressional Agenda

FAA Reauthorization: The Senate will continue consideration of FAA Reauthorization this week, but with the latest stopgap extension expiring after May 10th, Congress is now just four days from a potential lapse in the FAA’s authority. Senate Leaders now say a time agreement will be necessary to pass the FAA bill with enough time for the House to clear it before the deadline. Leader Chuck Schumer has indicated he is open to the idea of voting to attach unrelated bills/amendments to the FAA measure. Senate leaders in both parties are negotiating a possible deal to vote on several amendments in exchange for passing the measure more quickly. The FAA Reauthorization bill is considered the last “must-pass” bill until September 30th, when a Continuing Resolution and action on the Farm Bill will be needed. Therefore, multiple Senators are hoping to attach amendments to the FAA Reauthorization; a list of proposed amendments can be found HERE.

Some of the key issues being negotiated include:

• AUTO REFUNDS: Sens. Warren (D-MA) and Hawley (R-MO) filed an amendment that would codify the Biden administration’s recently announced policy on automatic refunds for canceled or delayed flights.
• DCA SLOTS: Maryland and Virginia senators filed an amendment to strike the provision that adds five new flight slots at Washington’s National Airport. In response, Sens. Warnock (D-GA), Lummis (R-WY), Ossoff (D-GA) and Lee (R-UY) wrote a letter to Senate colleagues supporting the provision.
• NUKE RADIATION VICTIMS: Sen. Hawley (R-MO) is demanding an up-or-down vote on his amendment to reauthorize a $50 billion compensation program for victims of nuclear radiation. Hawley says he won’t consent to a quick vote on the FAA bill unless he gets a vote.
• CREDIT CARD: Sen. Marshall (R-KS.) is pushing for an amendment vote on the Credit Card Competition Act.
• KIDS ONLINE SAFETY ACT: Sens. Blumenthal (D-CT) and Blackburn (R-TN) filed an amendment with language from the Kids Online Safety Act which has nearly 70 co-sponsors.
• FACIAL RECOGNITION: Sens. Merkley (D-OR) and Kennedy (R-LA) filed an amendment that would restrict the TSA’s ability to use facial recognition technology.
• BROADBAND: Sens. Welch (D-VT) and Vance (R-OH) filed an amendment that would extend the Affordable Connectivity Program with $7 billion.
• RFK STADIUM: DC officials are pushing for a bill allowing for the redevelopment of RFK Stadium to ride on FAA.

Oversight: Several notable oversight-related hearings are lined up this week, including:

• Antisemitism in education: House Republicans are continuing to pursue investigations and oversight of the unrest on university campuses and the rise of antisemitism in education:
  • The Oversight and Accountability Committee will convene a Member-level briefing (on Tuesday, at 10AM) on the origins and implications of antisemitism in higher education and a hearing (on Wednesday, at 1PM) on the District of Columbia government’s response to unlawful activity and antisemitism on the George Washington University’s campus.
  • The Education and Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education will convene a hearing (on Wednesday, at 10:15AM) on antisemitism in K-12 schools.
• Department of Homeland Security’s role in the U.S. Coast Guard’s acquisitions process: Representatives of the Government Accountability Office, Congressional Research Service, Congressional Budget Office, U.S. Coast Guard, and Department of Homeland Security appear before the House Homeland Security Subcommittee on Transportation and Maritime Security (on Tuesday, at 10AM).
• Department of Labor's Veterans’ Employment and Training Service program: Assistant Secretary of Labor for Veterans’ Employment and Training Service James Rodriguez and Grants and Training Director Maria Temiquel appear before the House Veterans’ Affairs Subcommittee on Economic Opportunity (on Tuesday, at 10AM).
• Compliance with House Judiciary Committee oversight: Assistant Secretary of Homeland Security for Legislative Affairs Zephranie Buetow and Assistant Secretary of Health and Human Services for Legislation Melanie Egorin appear before the House Judiciary Subcommittee on Responsiveness and Accountability to Oversight (on Tuesday, at 2PM).
• Reauthorization of the Defense Production Act: Assistant Secretary of Defense for Industrial Base Policy Laura Taylor-Kale, Assistant Secretary of Commerce for Export Administration Thea Rozman Kendler, and Federal Emergency Management Agency Associate Administrator Cynthia Spishak appear before the House Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions (on Wednesday, at 2PM).

Privacy: The House Energy and Commerce Subcommittee on Innovation, Data, and Commerce may hold a markup on privacy legislation by the end of this month, following its legislative hearing last month on the American Privacy Rights Act discussion draft. (The Senate Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety and Data Security is holding a hearing this week on data security). However, House leadership is not sold on the bill in its current form and is unlikely to move it without significant changes, regardless of what emerges from the committee markups. Republican Leadership has laid out changes that must be made, several of which could likely hurt Democrats’ support.

Biden Administration

• Today, the President will present the Commander-in-Chief’s Trophy to the U.S. Military Academy Black Knights, have lunch with King Abdullah II of Jordan, and host a Rose Garden reception for Cinco de Mayo.
• Tomorrow, the President will deliver the keynote address at the U.S. Holocaust Memorial Museum’s Annual Days of Remembrance ceremony at the U.S. Capitol.
• On Wednesday, the President will travel to Racine County, Wisconsin, to deliver remarks on his “Investing in America” agenda and participate in a campaign event. The President will then travel to Chicago, Illinois, for a campaign reception.
• On Thursday, the President, Vice President, and Second Gentleman will welcome the Las Vegas Aces to the White House to celebrate their victory in the 2023 WNBA Finals.