Regulation Rewind Rolls On

Statement

The Obama administration just finalized its fiduciary rule, an overbearing regulation which would hinder access to financial advice for nearly seven million Americans and create new hardships for small business owners.

As with many regulations issued by the Obama administration, input from stakeholders was ignored when churning out this new red tape. Unfortunately, the fiduciary rule is only the tip of the regulatory iceberg.

Federal regulations generate an annual paperwork burden of 40 hours for every American. After hearing from many Nebraskans frustrated by the impacts of these rules on their lives and livelihoods, I started my Regulation Rewind initiative in 2014 to identify arbitrary and overly burdensome regulations which hurt economic growth, limit opportunities for rural Americans, are inconsistent with the law, or are unfair.

Due to overwhelming interest and ongoing need, I made Regulation Rewind a priority throughout 2015 and will continue it this year as well.

Many examples of federal overreach involve the Environmental Protection Agency (EPA). The agency has gone so far as to use, as the Government Accountability Office found, illegal "covert propaganda" to push its Waters of the U.S. rule (WOTUS). I introduced the resolution of disapproval in the House to block WOTUS, and its Senate counterpart passed both chambers. Unsurprisingly, the President answered with a veto, but I am optimistic the courts will ultimately find the rule violates the text and spirit of the Clean Water Act.

Arbitrary EPA regulations on ethanol currently prevent the sale of E15 during the summer months, even though E15 is less volatile than E10. The EPA granted E10 a waiver from its volatility standards in 1990, but this waiver has not yet been extended to E15. I have introduced legislation to extend this waiver and allow E15 to be sold year-round.

Anhydrous ammonia plays a crucial role in Nebraska agriculture as the most common source of nitrogen fertilizer for farmers. The Occupational Safety and Health Administration (OSHA) bypassed the rulemaking process and issued an interpretive memo in July 2015, redefining regulations and impacting approximately 4,800 fertilizer retailers with compliance costs exceeding $100 million.

Last fall, I joined 38 House colleagues in writing Labor Secretary Perez to request OSHA immediately rescind this memo and begin a formal rulemaking process, allowing the public to weigh in on the matter. Last year's spending bill defunded the rule for the fiscal year, and I recently cosigned a letter to the Appropriations Labor Subcommittee requesting they again defund this rule through 2017.

After the Dietary Guidelines Advisory Committee (DGAC) released recommendations in February 2015 to reduce meat consumption based on unscientific environmental factors rather than nutrition, I sent letters to the U.S. Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) expressing my opposition. When the DGAC released its final guidelines in January 2016, it rejected its original unscientific factors.

Now, as the World Health Organization (WHO) seeks to stop recommending milk products for children under age three, I have cosigned a letter to HHS regarding the lack of scientific evidence to support this change.

This is only a sample of the burdensome regulations I am fighting every day. As the Regulation Rewind continues in 2016, I hope you will keep in touch with me about the red tape impacting you. Please visit my website at www.AdrianSmith.house.gov/RegulationRewind to learn more.

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