Recently in Washington

Last week the House convened to open the second session of the 113^th Congress. The House passed H.R. 2279, the Reducing Excessive Deadline Obligations Act of 2013, by a vote of 225-188. This omnibus combines the text of three bills that collectively remove regulatory deadlines and boost the State’s roles in hazardous waste cleanups.  The House also passed H.R. 3811, the Health Exchange Security and Transparency Act of 2014, by a vote of 291-122. This bill requires the Department of Health and Human Services to notify individuals within two days if their personal information has been stolen or accessed on the health exchange. Congressman Simpson supported both bills.

Simpson Cosponsors Bill to Curb EPA Water Regulation
​H.R. 3377 would clarify Clean Water Act to protect private property and states' rights

Idaho Congressman Mike Simpson last week cosponsored legislation to limit the EPA and the Army Corps of Engineers from expanding their regulatory authority over state waters.  H.R. 3377, the Defense of Environment and Property Act of 2013, would curb the EPA’s efforts to expand its authority under the Clean Water Act by clearly defining “navigable waters.”   Simpson chairs the House Energy and Water Development Appropriations Subcommittee, which oversees the budget for the Corps of Engineers, and serves on the subcommittee that oversees the EPA budget.

“This is an issue that hits at the very core of our way of life in Idaho,” said Simpson.  “Water is life, and to let the EPA begin to regulate all waters of the United States would have a devastating impact on rural towns, farmers, and local governments.  I’ve been deeply concerned that the EPA has moved so aggressively to claim jurisdiction over state waters, which is why I’ve cosponsored this bill.  H.R. 3377 provides common sense and needed clarification on this issue so that farmers and ranchers can move forward without fear of the EPA usurping their water rights.”                 

The term “navigable waters” has long been the term which limits federal intrusion with regards to the Clean Water Act’s authority.  However, recent disputes over the definition of “navigable waters” have resulted in efforts by the Obama Administration to amend the current version of the Clean Water Act by replacing the term “navigable waters” with the term “waters of the United States.”  Non-navigable waters are currently regulated by the states.

Striking this term out of the law would result in a massive expansion of the federal government’s authority by increasing the number of waters subject to federal water quality standards.  If all intrastate waters are regulated, the law could be broadly interpreted to include everything within a state, including groundwater.  H.R. 3377 would clearly define “navigable waters” as waters that are navigable-in-fact to prevent either the EPA or the Corps of Engineers from impinging on states’ power over land and water use.

“If the EPA has its way, the reach of federal jurisdiction would be so broad that it could significantly restrict landowners’ ability to make decisions about their property and a state and local government’s right to plan for its own development,” Simpson said.  “Ponds, ditches, and groundwater should not be regulated by the federal government, and I will continue to fight to protect private property and states’ rights in my role on the House Appropriations Committee.”

As Chairman of the House Interior and Environment Appropriations Subcommittee, Simpson had included language in his FY2014 appropriations bill to prevent the EPA from removing the term “navigable waters” from the definition of waters subject to EPA regulation under the Clean Water Act.  Similar language applying to the Corps of Engineers was included in the House Energy and Water Development Appropriations bill.

Simpson Supports Bill to Protect Personal Information on Exchange

Congressman Mike Simpson last week voted in support of H.R. 3811, the Health Exchange Security and Transparency Act, which will require the Department of Health and Human Services (HHS) to notify individuals if their personal information has been stolen or compromised on the health exchange. The bill passed with bipartisan support 291 to 122.

Concerns have been raised over the security vulnerability of the healthcare.gov website and exchange, including by the Inspector General at HHS who, shortly before the site came online, said “several critical tasks remain to be completed in a short period of time, such as the final independent testing of the Hub’s security controls, remediating security vulnerabilities identified during testing, and obtaining the security authorization decision for the Hub before opening the exchanges.” 

“The Administration’s rollout of healthcare.gov has been disastrous,” said Congressman Simpson. “This is good government legislation; we need to take action to ensure Americans’ information is protected before any cyber breach of the system occurs.” 

Currently there is no law requiring disclosure if personally identifiable information is stolen or accessed unlawfully.  H.R. 3811 requires HHS to notify individuals within two business days.

The House of Representatives has held numerous hearings on the issue, which you can read about or watch below:

“Cyber Side-Effects: How Secure is the Personal Information Entered into the Flawed Healthcare.gov?”
Hearing 11/13 Homeland Security

“Is My Data on Healthcare.gov Secure?”
Hearing 11/19, Science

“Security of Healthcare.gov.”
Hearing 11/19, Energy and Commerce (Health)

Oversight and Government Reform Release 12/20:  CMS Officials Launched HealthCare.gov Against Warning of Agency’s Top Cybersecurity Official

The bill now moves to the Senate for consideration, where unfortunately more than 160 House passed bills are currently being held up by the Democratic majority.  A comprehensive list of those bills can be viewed here http://majorityleader.gov/bill-tracker/.

Floor Schedule

MONDAY, JANUARY 13TH
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.

Legislation Considered Under Suspension of the Rules:

1) H.R. 1513 - To revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station and certain land along Plum Run in Cumberland Township, to limit the means by which property within such revised boundaries may be acquired (Sponsored by Rep. Scott Perry / Natural Resources Committee)

2) S. 230 - A bill to authorize the Peace Corps Commemorative Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes (Sponsored by Sen. Rob Portman / Natural Resources Committee)

3) H.R. 841 - To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes, as amended (Sponsored by Rep. Kurt Schrader / Natural Resources Committee)

TUESDAY, JANUARY 14TH
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. 801 - Holding Company Registration Threshold Equalization Act of 2013 (Sponsored by Rep. Steve Womack / Financial Services Committee)

2) H.R. 2274 - The Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act, as amended (Sponsored by Rep. Bill Huizenga / Financial Services Committee)

3) H.J.Res. __ - Making further continuing appropriations for fiscal year 2014, and for other purposes (Sponsored by Rep. Harold Rogers / Appropriations Committee)

4) H.R. 2860 - OPM IG Act (Sponsored by Rep. Blake Farenthold / Oversight and Government Reform Committee)

5) H.R. 1233 - The Presidential and Federal Records Act Amendments of 2013 (Sponsored by Rep. Elijah Cummings / Oversight and Government Reform Committee)

WEDNESDAY, JANUARY 15TH AND THURSDAY, JANUARY 16TH
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.

Legislation to Fund Government Operations for the Remainder of Fiscal Year 2014

H.R. 3362 - Exchange Information Disclosure Act (Closed Rule, One Hour of Debate) (Sponsored by Rep. Lee Terry / Energy and Commerce Committee / Ways and Means Committee)

FRIDAY, JANUARY 17TH
On Friday, no votes are expected.