Recently in Washington

Last week the House of Representatives passed H.R. 658, the FAA Reauthorization and Reform Act of 2011, which authorizes federal aviation programs for four years.  The House also passed H.R. 471, the Scholarships for Opportunity and Results Act, which extends the school voucher program in Washington, D.C., which Congressman Simpson opposed.  The House also took up H.R. 839, the HAMP Termination Act of 2011, which ends the unsuccessful Home Affordable Modification Program going forward and prevents $30 billion in TARP funds from being spent.

In addition, the House passed H.R. 872, the Reducing Regulatory Burdens Act of 2011, which clarifies that pesticide applications near waterways are adequately regulated under FIFRA and do not need to also be subject to permitting under the Clean Water Act.  Congressman Simpson is an original cosponsor of this legislation.  The House also passed H.R. 1255, the Government Shutdown Prevention Act, which reiterated the House’s position on cutting $100 billion from the current year budget and providing that neither Members of Congress nor the President would get paid in the event of a funding gap.

Simpson Addresses Reactor Safety and Yucca Mountain
Congressional hearing confirms U.S. reactors’ safety and reiterates Congress’s desire to keep Yucca open
Congressman Mike Simpson last week chaired the House Appropriations Energy and Water Subcommittee hearing discussing the budget for Department of Energy’s Office of Nuclear Energy and the budget for Nuclear Regulatory Commission. Both the Acting Undersecretary of the Office of Nuclear Energy, Dr. Pete Lyons, and the Chairman of the Nuclear Regulatory Commission, Gregory Jaczko, testified before the Subcommittee.

Simpson used the hearing to explore the lessons learned in the aftermath of Japan’s tsunami.  Both Jaczko and Lyons stated for the record that although there are lessons to be learned from the disaster in Japan, U.S. reactors are currently safe.  In addition, the NRC is conducting additional reviews of all licensed nuclear power plants and DOE is reviewing all of its licenses, including Idaho’s Advanced Test Reactor.  The hearing also highlighted safety improvements going forward with passive safety technology. Passively safe reactors rely on gravity and pressurized tanks, thus eliminating the need for electricity and operator action.

Later, Simpson grilled Jaczko over the handling of Yucca Mountain and his decision to terminate licensing activities despite the clear intent of Congress that those activities move forward. “I firmly believe that you are acting outside the law,” Simpson told Jaczko. 

When Jaczko began defending the commission’s action by referencing provisions in the President's budget that do not have the effect of law, Simpson cut him short and responded, “Commission approval of a budget doesn’t mean diddly - what matters is what passes Congress.”

Simpson has actively opposed attempts by the Obama Administration to terminate preparations of Yucca Mountain as our nation's permanent repository for spent nuclear fuel and high-level nuclear waste. He has repeatedly acted to support continuation of Yucca Mountain's development and used his position on the House Appropriations Committee to ensure adequate funding for activities at the site.

Following the hearing, Simpson expressed his dismay with the actions of the Obama Administration and Chairman Jazko in relation to Yucca Mountain.  “It doesn't take a doctorate in political science to recognize that this Administration's actions to close down Yucca Mountain are driven more by politics and a desire to please Nevada Senator Harry Reid than they are by science or what is best for taxpayers,” said Simpson. “Chairman Jazko is purposefully defying the will of Congress and acting unilaterally to waste billions of taxpayers dollars. It is very frustrating to me and to most Members of Congress that this type of manipulation is happening at the Nuclear Regulatory Commission, and we intend to make sure Chairman Jazko is held to account for his actions and that the requirements of federal law are fulfilled.”

House Passes Bill to Reduce Regulatory Burden
Simpson, Labrador cosponsored legislation that overturns court ruling requiring duplicative permits for pesticide application
Congressmen Mike Simpson and Raúl R. Labrador last week supported legislation to provide certainty on how pesticide application should be regulated.  H.R. 872, the Reducing Regulatory Burdens Act of 2011, responds to a misguided federal court ruling that would have added an additional layer of duplicative regulations on pesticide application near waterways.

In 2009, the 6th Circuit Court of Appeals overturned the Environmental Protection Agency (EPA)’s long-standing policy that application of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not also require a permit under the Clean Water Act.  H.R. 872 overturns the court decision and clarifies Congress’s intent that existing FIFRA regulations are adequate for regulating aquatic pesticide use.  Both Simpson and Labrador are cosponsors of the legislation.

“Congress never intended for pesticide applications that are already regulated under FIFRA to also require permits under the Clean Water Act.  Yet because the court did not interpret congressional intent correctly, we must act now to ensure that farmers, ranchers, and forest managers—as well as mosquito abatement districts and local governments—won’t face unnecessary and duplicative regulations that would make it more difficult to do their jobs,” said Congressman Simpson during debate on the bill last night. “Everyone here supports protecting our water supply from polluters who are acting in violation of our nation’s environmental laws and regulations.  But adding another layer of regulation by requiring NPDS permits for application of these pesticides doesn’t make them safer—it only piles unnecessary paperwork on top of day-to-day operations for small businesses, farmers, and local governments.”

“The passage of this bill represents a step forward toward certainty for many in the agricultural community,” said Congressman Labrador. “Mr. Simpson and I, along with a bipartisan mix of our colleagues from around the country, have spoken with one voice to prevent yet another burdensome regulation from stifling economic activity in rural America.”

H.R. 872 received broad bipartisan support in committee and passed the House of Representatives by a vote of 291-130.  Congressman Simpson, who chairs the House Interior and Environment Appropriations Subcommittee, spoke in favor of H.R. 872 during floor debate. To view his statement on the House floor, click here.

Committee Action
**Hearing schedules are subject to change depending on floor action.**

Wednesday, April 6th
At 10:00 a.m., the House Budget Committee will mark up the House budget resolution for fiscal year 2011.

Thursday, April 7th
At 10:00 a.m., the House Labor, Health and Human Services, and Education Appropriations Subcommittee will hold a hearing on the President’s FY2012 budget request for Department of Labor job training programs.

Floor Schedule

MONDAY, APRIL 4TH
On Monday, the House will meet at 12:00 p.m. for morning hour and 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Suspension Bill:
H.R. 1246 - To reduce the amounts otherwise authorized to be appropriated to the Department of Defense for printing and reproduction (Suspension, 40 Minutes of Debate) (Sponsored by Rep. Allen West / Armed Services Committee)

TUESDAY, APRIL 5TH AND THE BALANCE OF THE WEEK
On Tuesday and Wednesday, the House will meet at 10:00 a.m. for morning hour debate and 12:00 p.m. for legislative business.

On Thursday, the House will meet at 9:00 a.m. for legislative business. Last votes for the week are expected no later than 3:00 p.m. on Thursday.

On Friday, the House is not in session.

H.R. 910 - Energy Tax Prevention Act (Subject to a Rule) (Sponsored by Rep. Fred Upton / Energy and Commerce Committee)

H.J.Res. 37 - Disapproving the rule submitted by the Federal Communications Commission with respect to regulating the Internet and broadband industry practices (Subject to a Rule) (Sponsored by Rep. Greg Walden / Energy and Commerce Committee)

In the News

Lawmakers try to lift wolf protection despite deal
By Matthew Brown, AP
Western lawmakers said they will keep pushing to lift federal protections for gray wolves despite a proposed settlement between some environmentalists and the Obama administration.

The settlement faces several legal hurdles before it can go into effect, leaving uncertain whether it will be approved before lawmakers act.

The deal would lift endangered species protections for about 1,250 wolves and allow hunting in Idaho and Montana. Protections would be retained, at least temporarily, for almost 400 wolves in Wyoming and portions of Utah, Washington and Oregon.

The agreement also includes safeguards sought by environmentalists, most notably a scientific review in a few years that could put the species back on the endangered list if too many wolves are killed by hunting.

Yet Democratic Sen. Jon Tester of Montana told The Associated Press he won't wait to push through legislation if Congress can act more quickly. And in the House, Idaho Republican Rep. Mike Simpson said he, too, remains committed to his pending proposal to lift wolf protections.

Both lawmakers --and many others in the region--have said they prefer legislation that would prevent courts from again intervening in the issue.

U.S. District Judge Donald Molloy in Montana has twice rejected attempts by the U.S. Fish and Wildlife Service to declare wolves recovered in the Northern Rockies. The proposed settlement was filed with Molloy March 18 and he held a hearing on it last week but made no decision.

"I don't know when Judge Molloy is going to decide which way to go, whether to accept the settlement or not," Tester told the AP. Tester added that he was "looking for any opportunity" to pass a provision on wolves that already made it through the House once.

Ten environmental groups signed onto the settlement with the administration last month following almost a decade of litigation.

Some of the groups said they did so reluctantly, on the premise Congress would back down from bills considered to be dangerous precedents for undercutting the Endangered Species Act.

"We continue to think the settlement is the best step in a political strategy to head off disastrous congressional action," said Kieran Suckling with the Center for Biological Diversity.

"That's why we went into this settlement. Otherwise there wouldn't be much point," he added, saying his group still does not consider wolves adequately recovered.