Recently in Washington

Last week the House passed H.R. 2397, the Department of Defense (DOD) Appropriations Act for Fiscal Year (FY) 2014 by a vote of 315-109.  The bill decreased non-war funding for the DOD by $5.1 billion below last year’s levels.  It also provides funding for overseas contingency operations (OCO). It decreased OCO funding by $2.7 billion.  Congressman Simpson supported the bill.  The House also passed H.R. 2218, the Coal Residuals Reuse and Management Act of 2013, which allows states to develop “coal ash” permit programs. Congressman Simpson also supported this bill, which passed 315-155.  In committee, Congressman Simpson’s Interior and Environment Appropriations Act for FY2014 passed the Interior Subcommittee by a 7-4 vote.

Interior Appropriations Bill Prevents EPA from Implementing Climate Change

Subcommittee Chairman Mike Simpson - “This Administration's appetite for new regulations and disregard for the will of Congress have left us with little choice but to block his climate change agenda in this bill.”

Idaho Congressman Mike Simpson last week brought the Interior and Environment Appropriations bill for Fiscal Year 2014 for a subcommittee vote, where it passed. Simpson, who chairs the House Appropriations Subcommittee on Interior and Environment Appropriations, put forth a bill that complies with the House Budget by cutting funding for agencies under the subcommittee’s jurisdiction by over $5 billion. 

The bill included $2.9 billion in cuts to the Environmental Protection Agency.  This amounts to a 35% cut from current levels and brings the agency’s budget below FY 1978 levels. The bill also includes language preventing EPA from implementing the cornerstone of President Obama’s recently-announced climate change initiative.  

“This Administration's appetite for new regulations and disregard for the will of Congress have left us with little choice but to block his climate change agenda in this bill,” said Simpson. “The actions we've taken to address the EPA’s overreach and reduce its budget not only help us meet the tight spending constraints under which we're operating, they help our struggling economy and encourage job creators to invest and expand.”

The bill includes a number of additional provisions to rein in EPA overreach and some of the costly regulatory actions being put out by the Obama Administration, including protection for farmers and ranchers from having personal information released by the agency, changes to the definition of navigable water under the Clean Water Act, and language regarding regional haze.  

The House Interior and Environment Appropriations Subcommittee marked up the bill last week.  It is expected to be taken up by the full Appropriations Committee this week.

Simpson to Obama Administration: Greenhouse Gas Proposals Would Be Disastrous

Joins 22 other Members in sending letter to President opposing the imposition of “an energy tax by regulatory fiat”

Idaho Congressman Mike Simpson joined colleagues in sending a letter to President Obama expressing concern at his intention to circumvent the will of Congress by issuing new rules for greenhouse gas provisions. 

The letter, which was signed by 23 Members of Congress, expresses concern about the negative impact that the President’s proposal would have on energy costs, national security, and economic recovery.  It points to significant job losses in coal states—a nearly 30% decline in coal jobs in Kentucky alone between 2011 and 2012.  “Sadly, Appalachia is not alone,” the letter reads.  “Fully one-fifth of the nation’s coal plants—204 plants across 25 states—closed between 2009 and 2012.  Seven EPA regulations proposed over the last four years will cost $16.7 billion annually once fully implemented…The rate hikes attendant with the loss of 69,000 megawatts of coal-fired power are forecasted to cost 887,000 mining, utility, shipping, and downstream manufacturing jobs across the country per year.  The manufacturing sector, which was making a comeback due largely to affordable energy, will again be put at a cost disadvantage compared to foreign competitors.”  

Recognizing the reality that the United States is and will continue to be dependent on coal for many years, Simpson and his colleagues point out in the letter that the proposed regulations threaten our nation’s ability to achieve energy independence:  “The United States has 250 years worth of domestic coal reserves at current consumption rates.  These resources, combined with oil, natural gas, nuclear, and renewables, could finally make the United States energy secure—a goal of every presidential Administration since Richard Nixon.”

Simpson chairs the House Interior and Environment Appropriations Subcommittee, which oversees the budget of the Environmental Protection Agency (EPA).  Simpson’s recently-introduced appropriations bill for FY14 includes a provision preventing the new rules from going into effect.

A copy of the letter can be found on Simpson’s website.

Simpson Supports States, Not EPA Regulating Coal Ash

Bill would provide for federal minimum standards but protects states’ right to regulate.

Idaho Congressman Mike Simpson voted last week for legislation to provide balance to EPA’s proposed coal ash regulations.  H.R. 2218, the Coal Residuals Reuse and Management Act, would ensure that any regulation of coal ash is reasonable and preserves states’ rights.  The bill passed by a vote of 265-155.

Coal ash is the byproduct of coal combustion and is used to create roads, bridges, and buildings.  It is also regularly recycled and used in construction materials.  The EPA has promulgated rules to regulate coal ash, even though it is currently regulated by the states.  

“I’m concerned that EPA’s proposed rules would severely limit the availability of coal ash for construction uses and would greatly curtail recycling efforts, ultimately driving up energy costs,” said Simpson.  “That being said, I do believe that reasonable regulations should be in place regarding coal ash, which is why I support H.R. 2218.  Rather than creating a new and unneeded regulatory system, H.R. 2218 utilizes an existing federal regulatory program as the basis for enforcing federal standards for coal ash, but it leaves regulation and enforcement to the states, where it belongs.”

The bill is now under consideration by the U.S. Senate.  

Privacy, Security, and the NSA

By Congressman Mike Simpson

“I'm certain that when you heard about the National Security Administration’s program to collect and save phone call data, you were concerned. You likely felt that your privacy had been disregarded or your trust had been violated. I imagine you wanted this program stopped—and stopped now. I know there is a legitimate distrust of government, especially in the wake of the IRS scandal.   

“I can imagine how you felt, because this is how I felt when I learned of the NSA program, now known as the "metadata" program. I understand wanting to squash this program at the first opportunity. And when that opportunity came through an amendment offered by Rep. Amash to an appropriations bill that would have wiped out the metadata program altogether, I gave it thoughtful consideration. However, in the years since the 9-11 attacks on our country, I have realized the importance of separating fears from facts. Terrorism in the 21st century raises hard questions and difficult challenges, and chief among them is a struggle to balance personal privacy with public security. If we want to protect our way of life, we must be willing to wade into this struggle and grapple for real solutions.

“Unfortunately, the Amash amendment did not do that. Rather than carefully examining the metatdata program and engaging in thoughtful debate, the amendment was a rash response in the heat of the moment and failed to recognize the unintended consequences of simply shutting down the program. Many who supported the Amash amendment claimed to be protecting the Constitution by supporting it. But in reality, supporting bad policy, even with good intentions, is not protecting our Constitution. This is why I joined a number of my other conservative colleagues, like Majority Leader Eric Cantor, former Vice Presidential Candidate Paul Ryan, Representative Steve King, and Representative Michelle Bachmann, in opposing this amendment.  

“We don’t need a thoughtless, visceral reaction that hurts our national security without protecting civil liberties. What we do need is good government oversight that leads to effective reforms that protect American lives and liberties. In order to do that, we have to understand what the metadata program is…and what it isn’t. The metadata program is a tool intended to connect the dots when it comes to terrorist networks. Being able to connect these dots—knowing WHO the terrorists are—is one of the major challenges in the war on terror. If we can’t figure out who our enemy is, we can do little to protect ourselves against him. The metadata program connects known terrorists with those they are working with. It is like the information on the outside of an envelope that tells us who sent the letter and where it is going. It connects the dots.

“What the metadata program is not is the government listening in on your phone conversations. It does not collect the contents of phone calls or record conversations. It does not allow content to be collected from a phone number unless a judge rules that it is linked to a terrorist. In the metaphor of the letter, the program collects the information on the outside of the envelope, which is reasonably expected to be public, but keeps the contents of the letter private. A similar rule applies to phone calls and the metadata program.   

“One other thing we know is that the intelligence community has used this tool to thwart attacks that would have killed hundreds of Americans. In 2009, the NSA intercepted a message from a suspected terrorist in Pakistan who was discussing bomb making with someone in the United States. That someone, Afghan-born Najibulaah Zazi, who was living in Colorado, is now in prison, and the FBI broke up his plot to bomb the New York subway. In another case, the NSA was watching a “known extremist” in Yemen who contacted someone in the US. With that information, the NSA and the FBI foiled their plot to bomb the New York Stock Exchange. Without the NSA metadata program, it is highly likely that both of these plots, and as many as 50 others planned across the world, would have been successful.

“Pre-9/11, our intelligence laws were intended to prevent attacks from other nations. Today, we are up against threats from terrorists who work in the shadows—and sometimes from within our own borders. The metadata program links known terrorists with those we don’t yet know are involved in terrorism but who are living in the US. In doing so, it tries to close the gap between laws that allow us to go after terrorists who are still overseas and laws that protect terrorists who are already on our soil. And while this program may not be the right solution, there is no arguing that this dangerous gap is real and that terrorists will take advantage of it in attempts to kill Americans.   

“This issue raises hard questions. Does the proven potential for saving lives outweigh the risk to the personal liberties on which this country was founded? Asking the hard questions is one of the most important jobs of Congress, and unfortunately it is a job that Congress does not always do well. If there had been this much scrutiny over the IRS, there would never have been a scandal over who it unfairly targets.

“With that in mind, it is important to point out that those of us who opposed the Amash amendment don't oppose the prospect of any new restrictions. Rather, we did so because we believe the experts in Congress on this matter, the members of the House Intelligence Committee, should be given the time to properly investigate the actions of the NSA, debate the merits of new restrictions, propose those new restrictions, and move them through Congress in a proper, open, and thoughtful process. Our nation's ability to combat terrorism and the sanctity of our Constitution are much too important to be rushed through Congress in the haphazard fashion put forward by Representative Amash and his supporters.”

Committee Action

At 10:30 a.m. on Wednesday, Chairman Simpson will host a full committee markup of the Interior, Environment, and Related Agencies Appropriations Bill for Fiscal Year 2014.

Floor Schedule

MONDAY, JULY 29TH
On Monday, the House is not in session.

TUESDAY, JULY 30TH
On Tuesday, 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.

Begin Consideration of H.R. 2610 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 (Open Rule, One Hour of General Debate) (Sponsored by Rep. Tom Latham / Appropriations Committee)

Legislation Considered Under Suspension of the Rules:

1) H.R. 2094 - School Access to Emergency Epinephrine Act (Sponsored by Rep. Phil Roe / Energy and Commerce Committee)

2) H.R. 2754 - Collectible Coin Protection Act (Sponsored by Rep. G.K. Butterfield / Energy and Commerce Committee)

3) H.R. 1300 - To amend the Fish and Wildlife Act of 1956 to reauthorize the volunteer programs and community partnerships for the benefit of national wildlife refuges, and for other purposes (Sponsored by Rep. Jon Runyan / Natural Resources Committee)

WEDNESDAY, JULY 31ST, AND THURSDAY, AUGUST 1ST
On Wednesday and Thursday, the House will meet at 10:00 a.m. for morning hour and noon for legislative business.

1) H.R. 2711 - Citizen Empowerment Act, as amended (Sponsored by Rep. Lynn Jenkins / Oversight and Government Reform Committee)

2) H.R. 2579 - Government Employee Accountability Act, as amended (Sponsored by Rep. Mike Kelly / Oversight and Government Reform Committee)

3) H.R. 1660 - Government Customer Service Improvement Act of 2013, as amended (Sponsored by Rep. Henry Cuellar / Oversight and Government Reform Committee)

4) H.R. 313 - Government Spending Accountability Act, as amended (Sponsored by Rep. Blake Farenthold / Oversight and Government Reform Committee)

5) H.R. 1541 - Common Sense in Compensation Act, as amended (Sponsored by Rep. Mark Meadows / Oversight and Government Reform Committee)

6) H.R. 2565 - STOP IRS Act (Sponsored by Rep. James Renacci / Ways and Means Committee)

7) H.R. 2769 - Stop Playing on Citizen's Cash Act (Sponsored by Rep. Peter Roskam / Ways and Means Committee)

8) H.R. 2768 - Taxpayer Bill of Rights Act of 2013, as amended (Sponsored by Rep. Peter Roskam / Ways and Means Committee)

9) H.R. 1897 - Vietnam Human Rights Act of 2013, as amended (Sponsored by Rep. Chris Smith / Foreign Affairs Committee)

10) H.R. 850 - Nuclear Iran Prevention Act, as amended (Sponsored by Rep. Ed Royce / Foreign Affairs Committee)

11) H.Res. 222 - Recognizing the long-term partnership and friendship between the United States and the Hashemite Kingdom of Jordan, working together towards peace and security in the Middle East, as amended (Sponsored by Rep. Gregory Meeks / Foreign Affairs Committee)

12) Motion to Concur in the Senate Amendment to H.R. 1911 - Bipartisan Student Loan Certainty Act of 2013 (Sponsored by Rep. John Kline / Education and the Workforce Committee)

Complete Consideration of H.R. 2610 - Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 (Open Rule, One Hour of General Debate) (Sponsored by Rep. Tom Latham / Appropriations Committee)

H.R. 1582 - Energy Consumers Relief Act, Rules Committee Print (Structured Rule, One Hour of General Debate) (Sponsored by Rep. Bill Cassidy / Energy and Commerce Committee)

H.R. 367 - Regulations From the Executive in Need of Scrutiny Act of 2013 (Subject to a Rule) (Sponsored by Rep. Todd Young / Judiciary Committee / Rules Committee / Budget Committee)

FRIDAY, AUGUST 2ND
On Friday, the House will meet at 9:00 a.m. for legislative business. Last votes expected no later than 3:00 p.m.

H.R. 2009 - Keep the IRS Off Your Health Care Act of 2013 (Subject to a Rule) (Sponsored by Rep. Tom Price / Ways and Means Committee)

In the News

House Appropriators Would Restrict White House Global Warming Initiative

By Lauren Gardner, CQ Roll Call

House GOP appropriators are taking aim at the Obama administration’s latest efforts to combat global warming and proposing deep funding cuts for the EPA, in a $23.4 billion fiscal 2014 Interior-Environment spending bill slated to be marked up in subcommittee Tuesday.

The bill unveiled Monday would bar the EPA and Interior Department from spending money to write and implement restrictions on greenhouse gas emissions by new and existing power plants and limits on the sulfur content of gasoline.  

The measure also would preclude the Interior Department from issuing revised rules establishing a “buffer zone” to protect waterways from the dumping of coal-mining waste.

The draft fulfills a recent vow by subcommittee Chairman Mike Simpson, R-Idaho, to make the legislation a vehicle for House members to debate the merits of President Barack Obama’s plans to regulate carbon pollution. Obama has said he will exercise his executive powers to reduce emissions of pollutants that contribute to global warming, in the absence of congressional action.  

“I am confident that our entire conference understands both the danger of allowing the president to circumvent Congress and the devastating consequences to our economy and job creation if these new rules and regulations are approved,” he said in a statement last month. “That is why I believe we’ll address this issue in my bill and on other legislative vehicles in the coming days, weeks, and months.”

At the same time, the bill would continue the House GOP strategy of trying to starve the EPA of funding. The measure would appropriate $5.5 billion for the EPA, 34 percent less than the fiscal 2013 enacted level, according to committee Republicans. The legislation would continue to cap the agency’s staffing levels at 1992 levels while cutting operational accounts by 20 percent and the administrator’s office expenses by more than 30 percent, the majority said in a news release.  

The bill would boost or maintain funding for wildfire prevention and suppression accounts, as well as American Indian health programs. It would allocate nearly $4.1 billion in both discretionary and emergency funding, 16 percent above fiscal 2013 enacted levels. It also would direct $502 million, $205 million above the president’s budget request, for the hazardous fuels reduction program that seeks to prevent wildfires in the first place.

The emergency spending would be more than offset by a $4.2 billion rescission from the Energy Department’s advanced vehicle technology loan guarantee program, the committee said. The remainder would be put toward reducing the deficit.  

“Within challenging budget constraints, we’ve focused on providing adequate funding to fight and prevent wildfires, making sure our national parks stay open, and meeting our trust responsibilities to American Indians,” Simpson said in a statement. “Paying for these critical priorities comes at a price to many agencies and activities throughout the bill.”

In an unexpected turn, the bill would not allocate any discretionary spending for the Land and Water Conservation Fund, a land acquisition program disliked by many Republicans. Simpson is an exception, though his panel has proposed cuts that get deeper each fiscal year.  

“In totally de-funding the Land and Water Conservation Fund, this Interior Appropriations bill marks a new low from the House of Representatives that ignores the massive economic impact these critical conservation programs provide local communities,” said Alan Rowsome, a lands lobbyist at The Wilderness Society.

The bill would prioritize other programs that have withered under budget cuts and sequestration. It would provide $410 million for the payments-in-lieu-of-taxes program, which funnels money to rural local governments to account for unrealized property taxes in areas with a large public-lands footprint. The measure also would extend the mandatory program through fiscal 2014. The administration subjected the program to sequestration, despite protests from Western lawmakers  

House appropriators would boost operating accounts for the National Park Service $24 million above the current level under sequestration, which committee Republicans say “will ensure that every National Park will remain open and operational next year.” However, the service’s $2.3 billion allocation represents a 9 percent cut below the fiscal 2013 enacted amount.

Subcommittee Democrats are expected to vigorously object to the draft bill at the markup on Tuesday. The Interior-Environment spending bill is typically one of the most contentious and a magnet for policy riders on the floor. Last year, the House never brought its committee-approved Interior-Environment appropriations to the floor and Senate appropriators didn’t even mark up a bill of their own.