News

By Congressman Mike Simpson

Earlier this year, the U.S. Food and Drug Administration (FDA) released more than 1,236 pages of new regulations governing the growing, harvesting, packing and holding of fresh produce.  While it is of utmost importance to preserve the safety of the U.S. food supply, I am concerned about the scientific necessity of this rule and the economic impact that it would have on growers in Idaho.

The proposed rule, Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, was released by the FDA last January.  This rule stems from the FDA Food Safety Modernization Act (FSMA), which I opposed, but was signed into law in January 2011.  It directed the FDA to further develop mandatory food safety and traceability requirements, which would affect farmers, packers, and processors of both domestically produced and imported products.  Specifically, the rule would apply to any produce that could be consumed raw and would affect any agricultural water that could come into contact with that produce.

The FDA estimates that this rule will cost growers between $5,000 to $30,000 per farm a year—or $460 million a year.  The FDA’s goal of protecting food safety will be undermined if growers do not have the ability to implement procedures or are forced out of business.

In an effort to prevent devastating new regulations on growers of specialty crops, Representative Greg Walden and I led a July meeting with top officials at the Food and Drug Administration (FDA) to convey concerns we have heard from Idaho and Oregon onion farmers and fruit growers about the proposed new irrigation water quality rule that could cripple farms across the country.  As a result of this meeting, an FDA delegation visited Idaho, Oregon and Washington State in August to hear from growers about their specific concerns with the rule firsthand.

I have not seen sufficient evidence that implementing the proposed rule would provide its intended benefit.  For instance, while the Centers for Disease Control and Prevention have linked E. coli cases to leafy greens, like lettuce and spinach, there are no posted cases linked to dry bulb onions, which are grown in Idaho. A recent study by an Oregon State University scientist concluded that there is no risk of E. coli contamination from dry onion bulbs.  This illustrates why the rule needs to be commodity-specific and risk-based.  I will continue to emphasize that the FDA shouldn’t impose restrictions on agricultural water that are not viable for Idaho farmers.

The farm bill which passed the House of Representatives on July 11, with my support, included an amendment by Representative Benishek (R-MI) requiring a scientific and economic analysis of the FDA's Food Safety and Modernization Act prior to enforcement of final regulations.  Earlier this month, I joined six colleagues in a letter to the farm bill conference committee urging the conferees to include language in the final bill that would require new federal rules to be based on the best available science and include a study of possible economic impacts.

With an Administration that issues an abundance of rules and regulations for all industry, it is especially important for the FDA to utilize input from producers and industry experts to achieve effective and sensible crop-specific methods to ensure food safety.

Risch and Simpson Praise Passage of Simpson’s Water Bill in Senate Committee

H.R. 876 would allow Forest Service to authorize existing water diversions in Idaho wilderness

Last month a bill authored by Congressman Mike Simpson to permit existing water diversions in Idaho wilderness areas was passed by the Senate committee with jurisdiction on the issue.  The Senate Energy and Natural Resources Committee, of which Senator Jim Risch is a member, passed H.R. 876, the Idaho Wilderness Water Resources Protection Act, by voice vote. 

“Predating the existence of the wilderness areas, private land owners had received permits to maintain and repair water diversions that existed on national forest system lands,” said Risch.  “Many of the permits have since expired leaving those who own the water diversions without options for maintaining their water systems. This legislation would protect these private property rights and give the Secretary of Agriculture the authority to reissue and issue special use authorizations to the owners of these diversion facilities within the Frank Church and the Selway-Bitteroot Wilderness areas.”

There are a number of water diversions in both the Frank Church-River of No Return Wilderness and the Selway-Bitteroot Wilderness areas that have existed since before the wilderness areas were established.  Simpson’s bill would allow the U.S. Forest Service to issue special use permits to owners of water systems, authority that it currently lacks.

“These water diversions already existed when the area was designated as wilderness,” said Simpson.  “The owners of these facilities already hold a valid water right under Idaho’s law, and they’ve been using the diversion to provide water on their own land since before the wilderness designation.  This bill goes back and provides the appropriate authorization that the wilderness acts overlooked, giving private land owners the ability to properly maintain and repair these diversions.”

Simpson added, “At some point in the future, all of these 25 existing diversions will need work done to ensure their integrity, and H.R. 876 will allow needed work to begin without delay.  I’m pleased that it has moved another step in the legislative process today, and I look forward to it being passed by the Senate and signed into law.”

 
H.R. 876 now awaits consideration on the floor of the U.S. Senate.

Simpson Introduces Legislation to Provide Idaho a Third District Judge

Idaho Congressman Mike Simpson has introduced legislation, H.R. 3457, to add a judge to Idaho’s federal court system, which has a ballooning caseload and just two U.S. district judges. Simpson’s legislation directs the appointment of a third district judge in Idaho.

“It is far past time for Idaho to get a third district judge and the bill I have introduced will provide the additional judge that our state needs,” said Simpson. “I recently met with Idaho’s federal judges and heard directly from them about the serious impact budget cuts, sequester, and the lack of an additional judge are having on the federal courts in Idaho. While I am fully cognizant of the budget crisis facing our country, I share the judges’ concerns about delays in the administration of justice and the impact that has on the Constitutional role of the courts.”

As Idaho’s population has grown, so has the number of court cases.  Between 2007 and 2013 the District of Idaho has experienced a 26% increase in total filings and pending caseloads have increased 30%.  Idaho has a heavier caseload than other rural states that already have three federal district judges (Alaska, Montana, South Dakota and Wyoming).  The challenge of an overloaded court is further compounded by the budget shortages, further impacting the court’s ability to function properly and serve Idahoans.

“For years I’ve advocated adding a new judge in Idaho because we need it as much as anywhere in the country,” said Simpson.  “Idahoans deserve access to an efficient court system, and this bill would do much to ensure their continued access to it.”

Simpson and former Idaho Congressman Walt Minnick introduced similar legislation in 2010.  It has been 59 years since the number of district judges in Idaho has been increased.

Simpson Supports Bill to Improve American Energy Security

House passes bill to increase domestic energy production

Idaho Congressman Mike Simpson last month supported legislation to expand onshore domestic energy production by establishing an efficient and responsible process for producing energy on federal lands.  H.R. 1965, the Federal Lands Jobs and Energy Security Act of 2013, aims to reverse recent declines in domestic oil and natural gas production on federal lands, creating jobs and moving our nation closer to energy independence.  The bill passed the U.S. House of Representatives by a vote of 228-192.

“Achieving energy independence must be one of the top priorities for Congress.  The issue directly impacts our economy and our national security; it is not in our best interest to depend on other nations for sources of energy,” said Simpson.  “Energy production on federal lands—both renewable and conventional—makes up an important part of our domestic energy portfolio.  Unfortunately, since President Obama took office in 2009, oil production on federal land has dropped 7.8%, and natural gas production has gone down 21%.  Our current policies have us pointed in the wrong direction.  Thankfully, H.R. 1965 helps to put us back on course.”

H.R. 1965 would:

-Strengthen domestic energy security by requiring the Secretary of Interior to develop and implement a comprehensive all-of-the-above energy plan;

-Reform the leasing process for onshore oil and gas projects to encourage timely and responsible permitting of onshore energy projects;

-Create jobs and expand domestic energy production by encouraging development of the National Petroleum Reserve-Alaska;

-Modernize the bidding process for federal onshore oil and gas leases by allowing the BLM to conduct Internet-based auctions; and

-Enable Native American tribes to develop energy resources on their own land.

H.R. 1965 is now under consideration by the U.S. Senate.


On the Floor

MONDAY, DECEMBER 2ND
On Monday, the House will meet at 2:00 p.m. for legislative business. Votes will be postponed until 6:30 p.m.

Legislation Considered Under Suspension of the Rules:

1) H.R. 3547 - The Space Launch Liability Indemnification Extension Act (Sponsored by Rep. Lamar Smith / Science, Space, and Technology Committee)

2) H.R. __- To extend the Undetectable Firearms Act of 1988 for 10 years (Sponsored by Rep. Howard Coble / Judiciary Committee)

3) H.R. 3588 - To amend the Safe Drinking Water Act to exempt fire hydrants from the prohibition on the use of lead pipes, fittings, fixtures, solder, and flux (Sponsored by Rep. Bill Johnson / Energy and Commerce Committee)

TUESDAY, DECEMBER 3RD
On Tuesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

Legislation Considered Under Suspension of the Rules:

1) H.R. 1095 - TSA Loose Change Act (Sponsored by Rep. Jeff Miller / Homeland Security Committee)

2) H.R. 2719 - The Transportation Acquisition Security Reform Act (Sponsored by Rep. Richard Hudson / Homeland Security Committee)

3) H.R. 1204 - The Aviation Security Stakeholder Participation Act of 2013 (Sponsored by Rep. Bennie Thompson / Homeland Security Committee)

4) H.R. 255 - To amend certain definitions contained in the Provo River Project Transfer Act for purposes of clarifying certain property descriptions (Sponsored by Rep. Jason Chaffetz / Natural Resources Committee)

5) H.R. 2388 - To authorize the Secretary of the Interior to take certain Federal lands located in El Dorado County, California, into trust for the benefit of the Shingle Springs Band of Miwok Indians (Sponsored by Rep. Tom McClintock / Natural Resources Committee)

6) H.R. 1963 - Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act, as amended (Sponsored by Rep. Steve Daines / Natural Resources Committee)

7) H.R. 1241 - To facilitate a land exchange involving certain National Forest System lands in the Inyo National Forest (Sponsored by Rep. Paul Cook / Natural Resources Committee)

8) H.R. 1846 - To amend the Act establishing the Lower East Side Tenement National Historic Site  (Sponsored by Rep. Nydia Velazquez / Natural Resources Committee)

9) H.R. 2650 - Fond du Lac Band of Lake Superior Chippewa Non-Intercourse Act of 2013 (Sponsored by Rep. Richard Nolan / Natural Resources Committee)

WEDNESDAY, DECEMBER 4TH, AND THURSDAY, DECEMBER 5TH
On Wednesday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business.

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

H.R. 1105 - Small Business Capital Access and Job Preservation Act, Rules Committee Print (Subject to a Rule) (Sponsored by Rep. Robert Hurt / Financial Services Committee)

Possible Consideration of H.R. 3309 - Innovation Act, Rules Committee Print (Subject to a Rule) (Sponsored by Rep. Bob Goodlatte / Judiciary Committee)

FRIDAY, DECEMBER 6TH
On Friday, no votes are expected.