Recently in Washington

Simpson Supports Legislation to Curb Obama’s Executive Overreach and Restore Constitutional Balance of Powers
House of Representatives passes the “ENFORCE the Law Act” authorizing lawmakers to bring legal action against the Obama Administration over decisions not to enforce federal law.

The House of Representatives has passed H.R. 4138, the “Executive Needs to Faithfully Oversee and Respect Congressional Enactments,” known as the ENFORCE the Law Act of 2014.  This legislation authorizes the House or Senate to sue the administration for failing to enforce federal law.  Idaho Congressman Simpson supported this legislation, which passed the House by a vote of 233-181.

“The Obama Administration has a habit of ignoring the will of Congress, defying the Constitution, and unilaterally changing laws.  This bill allows Congress to bring legal action against the Administration for this practice,” said Simpson.

There have been several high profile examples of the Obama Administration failing to enforce the law—including delaying the Obamacare employer mandate; refusing to enforce U.S. immigration laws; the illegal HHS mandate violating employers’ conscience rights; “recess” appointments; suspending federal criminal laws; and granting welfare work requirement waivers in violation of the 1996 welfare reform law.

H.R. 4138 puts a procedure in place to permit the House or Senate to authorize a lawsuit against the Executive Branch for failure to faithfully execute the laws.  It also sets up an expedited consideration process to ensure that when a lawsuit is brought, the courts not only grant Congress standing, but also hear the case quickly to prevent the President from stalling the litigation.

Simpson Votes to Protect Water Rights from Federal Overreach
House passes legislation preventing agencies from hijacking water rights through land use permitting

Idaho Congressman Mike Simpson has supported legislation passed by the House of Representatives to protect water rights against overreach by the federal government. Simpson is a cosponsor of H.R. 3189, the Water Rights Protection Act, which prohibits agencies from requiring the transfer of privately-held water rights to the federal government in order to obtain a permit to use federal land.  The House passed the bill by a vote of 238-174.

In a number of recent cases, the U.S. Forest Service has attempted to circumvent state water law by requiring those applying for a permit from the agency to turn over their privately-held water rights to the federal government.  H.R. 3189 would protect both privately-held water rights and state water laws by prohibiting federal water takings.  Simpson included a similar provision in the House Interior and Environment Appropriations bill for FY14 when he chaired the subcommittee.  Unfortunately, the U.S. Senate blocked that language from the final bill.

“The Forest Service has no authority to force someone to hand state-issued and privately-held water-rights to the federal government,” said Simpson.  “In Idaho, threatening water rights is basically an attack on our way of life, and I won’t stand for the federal government trying to hijack water rights as a condition for issuing a permit.  If there was ever an argument for the supremacy of state water law, this is it, and I am pleased that the House has made this point by passing H.R. 3189.”

H.R. 3189 is now under consideration by the U.S. Senate.

Simpson Continues His Fight to Include Potatoes in WIC Program
Idaho Congressman and colleagues send letter to Agriculture Secretary requesting reconsideration of potato exclusion      

Idaho Congressman Simpson is the Republican lead on a letter to Secretary of Agriculture Tom Vilsack expressing disapproval of the USDA decision to continue the exclusion of potatoes in the final WIC rule.  67 bipartisan members of Congress signed Simpson’s letter expressing disappointment with the Obama Administration’s disregard for the very clear direction from Congress to include fresh, white potatoes in the WIC program.  The members of Congress ask Secretary Vilsack to revisit his decision based on current nutrition science and the direction of Congress. 

“I am deeply disappointed in the USDA’s decision to ignore legislation that directed the agency to include fresh potatoes in the WIC Program,” said Simpson. “This letter further demonstrates the congressional support for including potatoes in the WIC program, and I will continue to ask the Administration to reconsider their decision.  I intend to use every means available to me, and any possible legislative vehicle that develops, to reverse this ban and restore the rightful inclusion of nutritious fresh, white potatoes in the WIC program.”

You may view the bipartisan letter to Secretary Vilsack here.

Simpson Protects Farmers from EPA Privacy Violations
​Cosponsors legislation to prevent agency from releasing personal data on livestock producers

Idaho Congressman Mike Simpson has cosponsored legislation to prevent the Environmental Protection Agency (EPA) from releasing personal data on livestock producers to the public.  The bill responds to an incident last year in which EPA released personal data, including names, telephone numbers, and email addresses, on a number of agricultural operations when responding to a request under the Freedom of Information Act (FOIA).  H.R. 4157, the Farmer Identity Protection Act, would prohibit the EPA from releasing such data when complying with FOIA requests.

“There is absolutely no reason that the EPA should release farmers’ personal data to anyone,” said Simpson.  “This incident was a serious breach of the EPA’s responsibility to protect privacy.  What is more, allowing specific GPS coordinates and other information to get into the wrong hands could pose a serious threat to farmers and industry.  It is critical that we ensure that this breach of confidence can never happen again.”

Simpson included similar language in the House Interior and Environment Appropriations bill for FY2014 when he chaired the subcommittee.  Unfortunately, the United States Senate blocked inclusion of the language in the final bill.

H.R. 4157 is currently under committee consideration.  Similar legislation has been introduced in the United States Senate.

Simpson Praises Mexico’s Final Rule to Allow Potato Trade

Idaho Congressman Simpson is pleased the Mexican government published its final rule allowing the importation of fresh potatoes from the United States. 

“Since the Market Access Agreement was signed by the U.S. and Mexico in 2003, I have consistently urged the USTR, USDA and White House to sustain efforts encouraging Mexico to meet its commitment and allow full market access for U.S. fresh potatoes,” said Simpson. “I am pleased the Mexican government has issued its final rule allowing full market access for U.S. fresh potatoes.”

In 2003, the United States and Mexico signed a market access agreement that allowed for the shipment of U.S. fresh potatoes into a 26-kilometer area along the border of Mexico.  The agreement called for increased access to the five northern Mexican states in 2004 and for consideration of full access by 2005. However, Mexico has continued to limits shipments of U.S. potatoes to areas within 26 kilometers of the border. In 2012, the Mexican government started its rulemaking process to allow of the expansion U.S. fresh potato trade between the two countries.   

The original regulation is available at http://www.dof.gob.mx/nota_detalle.php?codigo=5337533&fecha=19/03/2014 and a translated version is available at http://nationalpotatocouncil.org/files/3813/9531/6659/031914.COFEMER.pdf.

The USDA’s Animal and Plant Health Inspection Service (APHIS) is expected to publish its final rule in the Federal Register next week.  Shipments of potatoes between the U.S. and Mexico should begin in May. 

Committee Schedule

Tuesday

At 9:30 a.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding Applied Energy Programs at the Department of Energy.

At 1:30 p.m., the House Interior and Environment Subcommittee on Appropriations will hold a hearing with Interior Secretary Sally Jewell.

At 2:00 p.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding the Office of Science at the Department of Energy.

Wednesday

At 10:00 a.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding the Army Corps of Engineers’ Projects and Programs.

At 2:00 p.m., Chairman Simpson will hold a House Energy and Water Appropriations Subcommittee hearing regarding the Bureau of Reclamation.

Thursday

At 9:30 a.m. the House Interior and Environment Subcommittee on Appropriations will hold a hearing with Gina McCarthy, the Administrator of the Environmental Protection Agency.

Floor Schedule

MONDAY, MARCH 24TH
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. 1036 - A bill to designate the facility of the United States Postal Service located at 103 Center Street West in Eatonville, Washington, as the “National Park Ranger Margaret Anderson Post Office” (Sponsored by Rep. David Reichert / Oversight and Government Reform Committee)

2) H.R. 1228 - A bill to designate the facility of the United States Postal Service located at 123 South 9th Street in De Pere, Wisconsin, as the “Corporal Justin D. Ross Post Office Building”, as amended (Sponsored by Rep. Reid Ribble / Oversight and Government Reform Committee)

3) H.R. 3060 - A bill to designate the facility of the United States Postal Service located at 232 Southwest Johnson Avenue in Burleson, Texas, as the “Sergeant William Moody Post Office Building” (Sponsored by Rep. Roger Williams / Oversight and Government Reform Committee)

4) H.R. 2391 - A bill to designate the facility of the United States Postal Service located at 5323 Highway N in Cottleville, Missouri as the “Lance Corporal Phillip Vinnedge Post Office” (Sponsored by Rep. Ann Wagner / Oversight and Government Reform Committee)

5) H.R. 1451 - A bill to designate the facility of the United States Postal Service located at 14 Main Street in Brockport, New York, as the “Staff Sergeant Nicholas J. Reid Post Office Building” (Sponsored by Rep. Louis Slaughter / Oversight and Government Reform Committee)

6) H.R. 1376 - A bill to designate the facility of the United States Postal Service located at 369 Martin Luther King Jr. Drive in Jersey City, New Jersey, as the “Judge Shirley A. Tolentino Post Office Building” (Sponsored by Rep. Donald Payne / Oversight and Government Reform Committee)

7) H.R. 1813 - A bill to designate the facility of the United States Postal Service located at 162 Northeast Avenue in Tallmadge, Ohio, as the “Lance Corporal Daniel Nathan Deyarmin Post Office Building” (Sponsored by Rep. Tim Ryan / Oversight and Government Reform Committee)

8) H.R. 3771 - Philippines Charitable Giving Assistance Act, as amended (Sponsored by Rep. Eric Swalwell / Ways & Means Committee)

9) H.R. 4275 - Cooperative and Small Employer Charity Pension Flexibility Act (Sponsored by Rep. Susan Brooks / Education and the Workforce Committee)

TUESDAY, MARCH 25TH
On Tuesday, the House the House will meet at 10:00 a.m. for morning hour and noon for legislative business.

H.R. 2824 - Preventing Government Waste and Protecting Coal Mining Jobs in America, Rules Committee Print (Structured Rule, One Hour of Debate) (Sponsored by Rep. Bill Johnson / Natural Resources Committee)

WEDNESDAY, MARCH 26TH AND THE BALANCE OF THE WEEK
On Wednesday, the House will meet at 10:00 a.m. for morning hour and noon for legislative business.

On Thursday, the House will meet at 9:00 a.m. for legislative business.

On Friday, no votes are expected.

H.R. 1459 - Ensuring Public Involvement in the Creation of Natural Monuments Act (Subject to a Rule)
(Sponsored by Rep. Rob Bishop / Natural Resources Committee)

Possible consideration of legislation to address physician reimbursement under Medicare

Possible consideration of legislation to the ongoing situation in Ukraine