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Table of Contents
THE FAA CRISIS EXPLAINED
FIGHT FOR MEMBERSHIP IN THE SUPERCOMMITTEE
PASSAGE OF FREE TRADE AGREEMENTS DELAYED AGAIN
Congressional 
Climate Bill Tracking 
Keyhole Image H.R.658 - FAA Reauthorization and Reform Act of 2011
Keyhole Image H.R.164 - Damaged Vehicle Information Act
Keyhole Image H.R.514 - FISA Sunsets Extension Act of 2011
Keyhole Image H.R.1 - Department of Defense Appropriations Act, 2011
Keyhole ImageH.R.4 - Small Business Paperwork Mandate Elimination Act of 2011
Keyhole Image H.R.96 - Internet Freedom Act
Keyhole Image H.R.605 - Patients' Freedom to Choose Act
Keyhole Image S.244 - State Health Care Choice Act

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Greetings!  
Please enjoy today's issue of the Congressional Climate newsletter, brought to you by Lobbyit.com!

Today's Hill Action: 

 

THE SENATE:

 

No meeting scheduled for today.

SENATE COMMITTEES:

 

Senate Indian Affairs (2:15 p.m.): Hearing to conduct oversight on "The American Indian Probate Reform Act", focusing on empowering Indian land owners. SD-628.

 

Senate Homeland Security & Governmental Affairs (2:30 p.m.): Subcommittee on Federal Financial Management, Government Information, Federal Services, & International Security - Hearings to examine Federal leased property, focusing on if Federal agencies are getting a bad deal. SD-342.

 

THE HOUSE: 

 

No meeting scheduled for today.

 

HOUSE COMMITTEES:

 

House Foreign Affairs (10:00 a.m.): Africa, Global Health, & Human Rights Subcommittee - Hearing to examine ethnic cleansing and humanitarianism crisis in Sudan. Bradford Phillips, President of the Persecution Project, Bishop Andudu Adam Elnail of the Anglican Diocese of Kadulgi, and Luka Biong, President of Kush Inc., will be present. 2172 RHOB. 

The FAA impasse: A primer

 

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Considered a minor subplot of the months-long debt ceiling/deficit melodrama, the ongoing standoff between House Republicans and Senate Democrats over the Federal Aviation Administration reauthorization bill - a partisan fight that has caused a partial FAA shutdown, sidelined 74,000 government employees and construction workers and is costing the government as much as $30 million a day - has now taken center stage.

 

For those consumed by the debt ceiling, here's a primer on what you missed:

 

What's the issue?

 

Depends on whom you ask.

House Republicans blame pork-addicted Democrats, who they say are insisting on keeping millions in subsidies to rural, lightly traveled airports, while Democrats say the GOP's cost-cutting argument is a smoke screen to hide its goal of gutting a rule that makes it easier for airline employees to unionize.

 

On Tuesday, President Barack Obama urged both sides to return to Washington from their August recess to pass a bill, even if it's a temporary one, to end the standoff, and he said Wednesday it's his "expectation" that progress should be made by the weekend. For now, at least, that seems unlikely.

 

How did this happen?

 

Since 2007, the FAA, which regulates the nation's air traffic and safety, has been operating without a permanent, long-term reauthorization bill, a common, routinely bipartisan piece of legislation. Congress has passed 20 separate temporary bills while a long-term compromise was under construction in the background.

 

But in July, the GOP-controlled House passed a long-term reauthorization bill that also neutralized a National Mediation Board ruling allowing airline employees to unionize with a simple majority vote. Then it passed a temporary bill slashing the small-airport subsidy funding, which helped entice big air carriers to fly into rural communities.

 

Democrats and labor unions cried foul, claiming the subsidy cut was an attempt to force them to give up the pro-union rule in the longer-term bill, while Republicans, backed by the airline industry, dug in and pointed to necessary fiscal discipline in tough times. Partisan bickering ensued and the standoff was on.

 

What was the impact?

 

When a July 23 deadline came and went without a temporary bill, the FAA was forced to shut down, at least partially. The agency sent home 4,000 "nonessential" employees - basically, anyone who isn't responsible for keeping planes from falling apart in the sky or crashing into one another.

"Let me be clear: Flying is safe," declared Transportation Secretary Ray LaHood, a former Republican congressman who has been pushing hard, in public and in private, for a compromise.

 

The partial shutdown forced the FAA to sidetrack a slew of airport infrastructure and safety upgrades, ranging from runway extensions and new control towers to installation of the badly needed NextGen cutting-edge air-traffic system, which is designed to make flying safer, more efficient and productive.

 

Robert Mann, an industry analyst and former airline executive, said Congress seems "more interested in going on vacation" than solving the problem.

How does it affect ordinary people - also known as voters? 

Airports and airlines have continued day-to-day operations without much impact, and the standoff is all but invisible to passengers - until they check their ticket bills. 

 

Say you buy an airline ticket for $350. Normally, the government would collect a $50 surcharge off the top and the airline gets the rest. In the partial shutdown, however, the FAA lost its ability to collect that surcharge, giving airlines an unintentional tax holiday - and leaving about $30 million a day on the table, money wasted in a time of government belt-tightening.

But instead of passing on that savings to the consumer, some airlines have kept the money, outraging LaHood and consumer advocates.

"The irony/hypocrisy is, since the tax holiday began, this is the same airline industry that vociferously argued that the taxes and fees suppressed demand," Mann said.

Some airlines have voluntarily refunded the fee to consumers, and LaHood said the Treasury Department is examining whether it can collect back taxes once the FAA is reauthorized, but it's unlikely that money will ever be collected by the government.

Is there an end in sight? 


It's possible either chamber could take a step toward solving the impasse, and LaHood, who spent decades on Capitol Hill, has pleaded with them to do so. Obama's statement during a Cabinet meeting Wednesday was also designed to dial up the pressure.

But given the heated rhetoric - and the bitter aftertaste of the debt ceiling debate on both sides - there are few signs of that happening.

Democratic leaders, including Senate Majority Leader Harry Reid of Nevada and Sen. Jay Rockefeller of West Virginia, chairman of the Commerce, Science and Transportation Committee, blasted the GOP on Wednesday for repeatedly blocking their solution of one more clean reauthorization bill, which - after 20 temporary ones have already passed - shouldn't be a big deal.

Because both chambers are in pro forma session, either can pass an FAA bill by unanimous consent. Reid and House Minority Whip Steny Hoyer (D-Md.) urged House Speaker John Boehner (R-Ohio) to pass an extension out of his chamber, something they said could be done within minutes.

"I again say, 'Speaker Boehner, stop this nonsense,'" Reid said.

Rep. John Mica (R-Fla.), chairman of the Transportation and Infrastructure Committee, answered with a broadside at Democrats, including a not-so-subtle dig at Reid, whose vast, sparsely populated state would lose out on funding.

Rather than reaching a deal, Mica said, Democrats "chose to protect outrageous ticket subsidies, as much as $3,720 per ticket in Ely, Nev., on the backs of 4,000 furloughed FAA employees and thousands more out-of-work airport construction workers."

Mann said a solution could be reached if lawmakers saw a greater sense of urgency or more outrage from the public. "If you want to see [something happen] quickly in Congress, let air transport grind to a halt," he said. "You'd see screaming immediately."

'Supercommittee' membership already a source of contention  

 

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Congressional leaders have until Aug. 16 to name the 12 members of the newly created "supercommittee" to deal with reducing the deficit, but special interest groups are wasting no time in pushing their choices for the panel.

 

The debt-ceiling-increase legislation enacted Tuesday created a bicameral, joint committee of 12 legislators charged with finding at least $1.2 trillion in deficit cuts by Nov. 23. 

The Republican and Democratic leaders in the House and Senate each will pick three members for the committee, and a majority of seven members is enough to ensure up-or-down votes in Congress for the plan. Failure to come up with a plan will result in deep automatic defense and Medicare cuts. 
 

One wrong pick, lobbyists on the right and left said Wednesday, could swing the panel toward a terrible compromise. So they are not taking chances. 

 

These sources are already urging leaders to pick top lieutenants who will stick to party positions - no entitlement cuts for Democrats and no tax increases for Republicans. 

 

They said the supercommittee likely will resemble the group of debt negotiators led by Vice President Biden, with committee chairs or deputy leaders who can pass a loyalty "litmus test."

 

Defense groups have a different perspective, however, and want a supercommittee that can compromise and shift cuts away from defense. 

 

Budget experts and centrist aides, on the other hand, want to see compromisers like the Senate Gang of Six put on the committee - in the hopes of a "grand bargain" - but some acknowledge this as unlikely given the outside pressure.

"Fat chance," Concord Coalition Executive Director Bob Bixby said. 

 

Lobbyists and congressional aides said the greatest uncertainty surrounds the picks of Senate Majority Leader Harry Reid (D-Nev.), who is under pressure from centrist Democrats to name one or more Gang of Six members. 

An aide to a centrist Senate Democrat said it looks increasingly unlikely that such Gang members as Senate Budget Committee Chairman Kent Conrad (D-N.D.) will be appointed.  

 

"Abandoning those who are willing to compromise - those who have proven they are willing to compromise - will all but ensure the committee will fail," the aide said. "It will also ensure that the majority in the middle will view it with serious skepticism." 

 

Pressure from Senate centrists has liberals nervous about Reid opening the door to entitlement cuts. 

 

Lobbyists from the right and left alike predicted House Minority Leader Nancy Pelosi (D-Calif.) is very likely to pick liberal members of her caucus similar to those chosen for the president's fiscal commission: Reps. Xavier Becerra (D-Calif.) and Jan Schakowsky (D-Ill.), or such loyalists to leadership as Rep. Chris Van Hollen (D-Md.), who served in the Biden talks. 

Americans for Tax Reform President Grover Norquist agreed that Reid has the tougher choice because 10 centrist Democrats up for reelection in 2012 are so vulnerable. 

 

Norquist said he has already been assured by "the right people" that House Speaker John Boehner (R-Ohio) and Senate Minority Leader Mitch McConnell (R-Ky.) will not choose anyone willing to give ground on raising taxes, and he is confident enough to leave town on Wednesday for August vacation. 

 

Norquist said he would like Boehner to name House Budget Committee Chairman Paul Ryan (R-Wis.), House Ways and Means Committee Chairman Dave Camp (R-Mich.) and House Energy and Commerce Committee Chairman Fred Upton (R-Mich.).

 

He said he would be "fine" with leadership using the opportunity to give a conservative freshman the chance to shine, mentioning Rep. Kristi Noem (R-S.D.).

Similarly, with respect to the Senate, Norquist can see McConnell appointing a young gun like Sen. Marco Rubio (R-Fla.) to the panel to give him a bigger platform. He said he would like to see Sens. Orrin Hatch (R-Utah) and Jeff Sessions (R-Ala.) appointed. 

 

Norquist does not want to see former Gang of Six Sens. Tom Coburn (R-Okla.) or Saxby Chambliss (R-Ga.) on board because they made "troubling" statements in support of revenue increases during the deficit negotiations this spring. He said that if Gang of Six Sen. Mike Crapo (R-Idaho) made stronger commitments to oppose taxes, he could be OK with that appointment. 

 

National Taxpayers Union lobbyist Andrew Moylan said his group is pushing for Coburn, Crapo and Chambliss to be excluded from the panel, but is not yet floating other suggestions. He said NTU does not want to take the chance that a compromise including revenue-raisers gets put before the House, even though Boehner has said the House would vote such a plan down. 

 

A congressional aide said House Armed Services Committee Chairman Buck McKeon (R-Calif.) is urging leaders to include representation from Congress's security panels.

 

"What is clear is we have cut what we can from the Department of Defense, and given what's at stake it is essential that the joint committee include strong national-security voices," McKeon said in a statement.

 

At a Monday afternoon meeting called by Boehner with members of the Armed Services Committee, to allay their concerns of decimating defense cuts, one lawmaker suggested appointing a member of the Armed Services Committee such as Rep. Mac Thornberry (R-Texas) or Rep. Randy Forbes (R-Va.).

A source added that Boehner neither ruled out nor embraced the suggestion.

 

The defense and aerospace industry's top trade association is pushing for a defense hawk to be named.

"It is essential that the supercommittee includes bipartisan representation from the Senate and House Armed Services committees as well as the Senate and House Appropriations subcommittees on Defense," the Aerospace Industries Association (AIA) said in a statement. 

 

AIA Vice President Fred Downey said the group would be making its case to Capitol Hill directly, and believes it is better for the supercommittee not to deadlock, but to come up with cuts that remove the threat of the trigger to the Pentagon.

 

But defense-industry analyst Gordon Adams said he sees the supercommittee deadlocking after the appointment of members loyal to leadership with diametrically opposed views.

House Majority Leader Eric Cantor (R-Va.) said Wednesday he's been receiving "a lot of calls and emails" from Republican legislators about serving on the supercommittee. Cantor did not say whether he wants to serve on the panel. 

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The White House and Congress have failed to reach a deal to ease the passage of three long-delayed free trade agreements when lawmakers return from recess in September, a top senator said.

 

Senate Finance Committee Chairman Max Baucus, a Democrat, said in a statement late Tuesday that Congress would go on its summer break without resolving a dispute over Trade Adjustment Assistance that is blocking approval of the pacts.

 

"It is past time to come together to pass this package of Trade Adjustment Assistance and the free trade agreements to boost our economy and create jobs here at home," Baucus said.

"Finding common ground to pass this package must be a top priority when we return in September," he said.

 

But a spokesman for Representative Dave Camp, the Republican chairman of the House of Representatives Ways and Means Committee, said the path forward was "well known" and only took a "simple nod of the head from the White House" to put the plan into action.

 

The White House had hoped to win approval of the trade deals with South Korea, Colombia and Panama before the August congressional recess, but the dispute over trade adjustment help thwarted that.

 

The acrimonious negotiations over raising the debt ceiling also stymied efforts to reach a compromise.

 

Many Republicans believe the nearly 50-year-old program for retraining workers who have lost their jobs because of foreign competition is costly and ineffective.

 

They have demanded a separate vote on the program, as opposed to the White House plan to include an extension of the assistance in legislation on the South Korea pact.

 

Last week, Camp outlined a step-by-step plan for approving TAA and the trade bills that would begin with Senate action on the retraining program. Once that was completed, President Barack Obama would send the trade pacts to Congress and the House would consider them along with TAA.

 

"The path forward is well known, and the Senate and White House's refusal to move down it is giving what could be American jobs away to the Europeans and Canadians," Camp spokesman Jim Billimoria said.

 

Billmoria's comments referred to a rival trade deal between the European Union and South Korea that went into force on July 1 and a second pact between Canada and Colombia that takes effect the middle of this month.

Until tomorrow,


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