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Capitol agenda: Congress ramps up scrutiny on DCA crash

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The deadly crash near Ronald Reagan Washington National Airport is triggering new aviation oversight efforts on Capitol Hill as potential contributing factors draw scrutiny, including whether congressional dysfunction has strained the safety of air travel.

Here’s the latest on how Congress is responding to the Wednesday night tragedy at an airport that hundreds of lawmakers use to commute:

Committees dig in: Senate Commerce Chair Ted Cruz, who has authority over the FAA and DOT, is pledging to monitor the federal investigation and continue speaking with relevant authorities. House Transportation is expected to schedule a hearing soon.

The FAA and the NTSB briefed lawmakers throughout the day Thursday.

What they’re focusing on: The incident follows years of alarms about air safety, including a shortage of air traffic controllers, government shutdowns that made it harder to train workers and replace equipment and an FAA that spent stretches without a permanent leader while warnings about near-collisions increased.

“We know we have a critical shortage of air traffic controllers, and many of them are forced to work overtime, they’ll often work fatigued — that’s mostly the fault of Congress,” former House Transportation Chair Peter DeFazio said.

Sen. Jerry Moran of Kansas, who lobbied American Airlines to run the Wichita to Washington route that the passenger plane that crashed into an Army helicopter was on, said he expects the Senate Commerce aviation panel to follow up on what the NTSB finds and “pursue whatever legislative changes may be necessary to further protect the traveling public.”

Another area of focus among some members will be to revisit contentious decisions by Congress to add more flights to Reagan National, though there’s no evidence that the added traffic played a role in the collision.

“I’ve flown in there over a hundred times, I’m always amazed at the amount of traffic,” said Rep. Tim Burchett, a Tennessee Republican on House Transportation.

What Republicans aren’t entertaining: GOP lawmakers — including some of Donald Trump’s biggest congressional allies — are keeping their distance from the president’s unsupported claim that diversity, equity and inclusion efforts were to blame for the crash.

Here’s what else we’re watching:

  • Tulsi Gabbard: Trump’s choice for director of national intelligence appears to be on thin ice after Thursday’s confirmation hearing. Her hearing left some Republican senators on edge, such as Sen. James Lankford, who two weeks ago previously said he planned to support her. Sens. John Curtis and Susan Collins also indicated they were undecided. 
  • Thune on tariffs: Majority Leader John Thune is about to get thrown into the crossfire of Trump’s tariff battles: Trump is threatening 25 percent tariffs against Canada and Mexico as soon as Saturday. Trump’s 2018 trade war with China bruised South Dakota’s agriculture-dependent economy, and a similar fight with Canada and Mexico could be devastating.
  • Next week’s nominations: Doug Collins for VA Secretary and Chris Wright for Energy secretary are set to get confirmation votes next week. Wright should be confirmed on Monday, with procedural votes on Russell Vought for OMB director and Pam Bondi for attorney general. Thune also teed up Scott Turner’s nomination for HUD secretary.
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Congress

More Dems join with Republicans to pass fentanyl crackdown bill

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The Republican-led House passed legislation Thursday with significant Democratic support that would lead to harsher sentences for fentanyl traffickers, leaving it with a good chance of becoming law.

The so-called HALT Fentanyl Act got more Democrats on board this year, with 98 voting in favor, compared with the 74 Democrats who backed a similar version when it passed the House last Congress. The bill didn’t receive a Senate vote at that time amid Democratic concerns it leaned too heavily on law enforcement and would result in more mass incarcerations — a worry for some Democrats this time around too.

But now, with Republicans controlling the Senate and enough Democratic co-sponsors in that chamber to clear the filibuster threshold, the bill has a strong chance of being enacted. It sailed through the House with a 312-108 vote.

The swift passage in the House so early in the new year underscores that Republicans see responding to the opioid epidemic as both a top policy priority and a political messaging winner, framing the issue in the context of calls to bolster border security and arguing Democrats haven’t done enough to stop it.

At the same time, the growing bipartisan support for the legislation signals a growing willingness among Democrats to lean into law enforcement after a bruising election loss that left them out of power in Washington.

The measure would permanently classify street versions of fentanyl, the killer synthetic opioid, as Schedule I substances, in recognition of the seriousness of the product’s addictive and deadly qualities. It also would bolster efforts to research fentanyl analogs.

Fentanyl-related substances are currently considered a Schedule I substance on a temporary basis until March 31, putting pressure on lawmakers to act quickly to make that designation permanent. Fentanyl itself, which has medicinal uses, is a Schedule II drug.

Supporters of the legislation have argued it would give law enforcement more power to crack down on drug traffickers, since it would result in harsher sentences for fentanyl traffickers. Many Democrats, in addition to their concerns that the bill will exacerbate inequities in the criminal justice system, are calling for an approach that puts more of an emphasis on public health.

“Rescheduling fentanyl as a Schedule I substance in and of itself does not prevent one death,” said Rep. Diana DeGette of Colorado, the top Democrat on the House Energy and Commerce Committee’s health subcommittee, said at a Rules Committee hearing this week. “The HALT Fentanyl Act does nothing to provide law enforcement or public health agencies with additional resources to detect and intercept illicit drugs at legal ports of entry, nor does it provide resources for prevention, treatment or recovery efforts.”

Rep. Morgan Griffith (R-Va.), a senior member of the Energy and Commerce Committee and the bill’s sponsor, has said the HALT Fentanyl Act is just one part of a broader approach needed to take on the opioid crisis, including tariffs on imports from China, which provides many of the chemicals used to produce fentanyl.

Democrats also expressed frustration during floor debate with a Trump administration federal funding freeze that has thrown health care providers into chaos.

“There are still real concerns about federal funding not getting out the door to help us combat the drug overdose epidemic,” Energy and Commerce Committee ranking member Frank Pallone (D-N.J.) said.

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Johnson aims to announce GOP agenda framework on Friday, including permanent tax cuts

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Speaker Mike Johnson said House Republicans are aiming to announce an overarching framework on their party-line agenda on Friday morning. It would include a permanent extension of the 2017 tax cuts, according to two people who were in a meeting between House Republicans and President Donald Trump Thursday afternoon.

“We’re going to meet again tonight to finish up some final details. I think we’ll be able to make some announcements probably by tomorrow,” Johnson told reporters after a meeting between House Republicans and President Donald Trump. “The idea would be to get the Budget Committee working potentially as early as early next week, maybe Tuesday, for a mark-up of the budget resolution.”

Even hard-liners in the Trump meeting appeared generally onboard, though some differences remain. The bill would aim to address major GOP priorities on taxes, the border, energy, defense and more.

Johnson said his message to Republican senators, who are moving toward a vote on their own resolution next week, is that “we are moving as quickly and expeditiously as possible.” The Senate version would tackle border, energy and defense in a first bill, but push off taxes until later.

Rep. Kevin Hern (R-Okla.) said the same group of Republicans at the Trump meeting, which included leadership and various other lawmakers heavily involved in the budget reconciliation process, would meet again later Thursday.

Mia McCarthy contributed to this report.

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Committee punts on Kash Patel vote as Democrats keep up the pressure

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Democrats took advantage of the rules of the Senate Judiciary Committee on Thursday to delay consideration of Kash Patel’s nomination to lead the FBI — but broke some recent precedent in the process.

While lawmakers typically do a one-week punt on Judiciary Committee votes for an variety of reasons — from opposing a bill to nominees — rarely if ever does the panel meet in person to formally approve the delay. Democrats’ vehement opposition to confirming Patel prompted such an in-person gathering.

Democrats had requested a second hearing with Patel to grill him over the recent leadership shakeup at the FBI. They view the staunch Trump loyalist as someone who is prepared to use the pulpit of the FBI to go after political adversaries.

Senate Judiciary Chair Chuck Grassley (R-Iowa) had denied Democrats’ pleas, describing on Thursday the meeting as breaking with the panel’s norms. He has said he intends to hold Patel’s committee vote as early as next week.

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