Regulation Rewind

While growth of the executive branch of government is nothing new, the Obama Administration has increasingly bypassed Congress and governed through the use of new rules and executive orders. 

To fight back against this overreach of the federal government, I launched a Regulation Rewind in 2014.  Through this initiative and with your help, I have identified unnecessary and overly-burdensome regulations which hurt economic growth, limit opportunities for rural Americans, are inconsistent with the law, or are unfair.  Because of overwhelming interest and continuing need, I am proud to continue Regulation Rewind in 2015.  If you have an example of overreaching federal regulations you would like me to address, please contact me here.

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Regulation Rewind 2015:

Prevent Backdoor Challenge to Second Amendment

The Bureau of Alcohol, Tobacco, Firearms, and Explosives proposed banning commonly-used M855 ammunition by removing its statutory exemption from the definition of armor-piercing ammunition.  I wrote to ATF director B. Todd Jones opposing this proposal.

Status:  In response to massive public and congressional opposition, ATF withdrew the proposal.

Continued Challenges for Rural Hospitals

Although Congress successfully blocked physician supervision regulations in 2014, rural hospitals face continued regulatory challenges in the coming years.  For that reason I reintroduced my legislation to repeal regulations requiring doctors certify patients won’t be admitted to critical access hospitals for more than 96 hours (H.R. 169) and blocking onerous on-site physician supervision requirements while requiring a federal study of the issue (H.R. 170).

Status:  Both bills have been referred to the Committee on Ways and Means, on which I serve.

President Unilaterally Changes Immigration Law

In November, despite numerous previous assertions he didn’t have authority to do so, President Obama announced he was taking unilateral action to provide amnesty for 3.9 million persons illegally in the United States.  Doing so violates the rule of law and ignores our constitutional system of checks and balances.

Status:  Attorneys general from 26 states have sued the administration over the President’s actions.  I signed a Congressional amicus brief in support of the plaintiffs.  A U.S. District Court in Texas ruled against the President’s actions, but the decision has been appealed.

Dietary Recommendation Not Based On Nutrition 

The Dietary Guidelines Advisory Committee is a federal panel charged with providing recommendations to the U.S. Secretaries of Health and Human Services and Agriculture on updating federal nutrition recommendations.  Despite legislative language prohibiting them from doing so, the panel released recommendations in February 2015 to reduce meat consumption based on unscientific environmental factors, not nutrition.

Status:  I sent a letter to HHS Secretary Burwell and USDA Secretary Vilsack opposing the panel’s use of non-nutritional factors in its recommendations.  A decision on final guidelines is pending.

Obamacare for Banks and Homebuyers

The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act claimed to reform the financial system in the wake of the financial collapse.  However, the legislation has codified too-big-to-fail bailout policies while placing onerous new regulations on community banks which had nothing to do with the crisis, driving many out of the home mortgage market.  In response, I have introduced legislation (H.R. 171) to repeal Dodd-Frank entirely.

Status:  H.R. 171 has been referred to the Committee on Financial Services.  The House continues to regularly consider legislation addressing problematic pieces of Dodd-Frank.

EPA’s Extralegal Expansion of Authority

While the House successfully blocked portions of the EPA’s disastrous effort to expand its authority under Waters of the United States rules to non-navigable waters in 2014, the agency continues to push forward with efforts to implement this rule.  For this reason, I wrote to the Committee on Appropriations asking them to continue defunding the rule for Fiscal Year 2016.

Status:  The House typically begins addressing appropriations bills in May.

Regulation Rewind 2014:

Keep OSHA off Small Farms

The Occupational Safety and Health Administration attempted to regulate small farms, even though this is specifically prohibited by law.  In response, I helped organize a coalition of 83 bipartisan Members of Congress from both parties to write the Department of Labor opposing the regulation of small farms and challenging the department’s authority.

Status:  OSHA rescinded this proposal in response to my request.

Addressing the Propane Shortage

This winter, in response to propane shortages and rising prices, I co-lead more than 70 bipartisan members in writing to President Obama asking he lift barriers and streamline efforts to ensure access to propane supplies in the Midwest.

Status:  Based on the concerns we expressed, President Obama directed agencies to prioritize propane shipments.

Access to Rural Health Care

The Centers for Medicare and Medicaid Services announced it would begin enforcing regulations requiring doctors at rural Critical Access Hospitals to affirm Medicare patients admitted would be in the facility for less than 96 hours or face the threat of non-reimbursement for services.  This regulation creates an unnecessary administrative burden on rural physicians and duplicates the existing requirement that all critical access facilities average less than 96 hours per admission.  To address this concern, I introduced the Critical Access Hospital Relief Act (H.R. 3991).

Status:  In response to my concern, CMS has proposed scaling back enforcement.  In addition, Congress passed and the President signed into law legislation blocking physician supervision enforcement for 2014.

Efficient Use of Spent Grains

The Food and Drug Administration proposed new regulations for spent grains, a cost-effective and nutritious byproduct from breweries, distilleries, and ethanol producers, which can be used as livestock feed, reducing costs for both parties.  I joined my colleagues in the Nebraska delegation writing to the FDA opposing this overreach.

Status:  The FDA amended its proposal to address concerns raised by brewers and distillers. The rule has not yet been finalized.

Religious Freedom of Employers

Under Obamacare, the U.S. Department of Health and Human Services implemented a rule requiring employers, regardless of their religious beliefs, provide birth control to employees as part of their health insurance plan or pay a fine of $36,500 per year per employee.  I joined 85 of my colleagues in filing an amicus brief with the U.S. Supreme Court opposing this regulation in Burwell v. Hobby Lobby.

StatusThe Supreme Court overturned this regulation for businesses with five or fewer owners.

EPA Proposes Unilaterally Expanding Water Regulation Powers

The Environmental Protection Agency and U.S. Army Corps of Engineers jointly proposed expanding their regulatory authority to cover nearly all waterways and potential waterways within the United States.   However, federal law repeatedly limits their regulatory authority to navigable waters.  In addition to not complying with federal law, this law would create major new regulatory hurdles for business and agriculture. I joined 230 of my colleagues in writing to EPA Administrator McCarthy and Army Secretary McHugh requesting they withdraw the rulemaking proposal.

Status:  The House passed legislation, which was signed into law, to block this proposal for agriculture through September 2015. The EPA has also rescinded certain parts of the proposal.

Barriers to Jobs in Northwest Nebraska

For more than twenty years, the Crow Butte Mine in Dawes County has safely produced uranium for our nation’s nuclear fleet and contributed tens of millions of dollars to Nebraska’s economy.  However, approval of the facility’s license has been held up for more than seven years, blocking expansion at the site.  I led my Nebraska colleagues in writing to the Nuclear Regulatory Commission seeking the status of the Crow Butte application and the reason for its delay.

Status:  NRC renewed the license for the existing Crow Butte Mine. The expansion proposal is still pending.

Defending Freedom of Speech

Following revelations the Internal Revenue Service illegally targeted conservative non-profits, the agency responded by proposing new rules which would have limited groups’ First Amendment rights and provided them less power to conduct non-partisan voter education activities than charitable groups or labor unions.  I joined my Ways and Means Committee colleagues in writing to the IRS opposing this rule.

Status:  In response to this letter, IRS rescinded its proposal but has indicated it will produce new rules in the future.

Availability of  Local TV

Because the federal law which allows consumers to receive local television stations from satellite providers leaves consumers at the mercy of the arcane Designated Market Area  system, many Nebraskans are unable to receive the Nebraska-based stations they consider local.  To address this concern, I cosponsored the Orphan County Telecommunications Rights Act (H.R. 4635), which would allow counties to petition for inclusion in an in-state DMA to ensure access to in-state channels.

Status:  H.R. 4635 was referred to the Energy & Commerce and Judiciary Committees.

Regulations on Small Banks and Credit Unions

Federal financial regulators have proposed enforcing the Basel III international banking accord on small banks and credit unions which don’t have the same means to raise outside capital to meet these standards as large financial institutions.  I have joined Members of Congress from both parties in writing to the Chairman of the Federal Deposit Insurance Corporation, the Chair of the Federal Reserve, the Comptroller of the Currency, and the Chairman of the National Credit Union Administration Board to request the implementation of Basel III rules be reconsidered for small banks and credit unions.

Status:  Despite outside concern, regulators continued their consideration of these proposals.

Reducing Medicare Part D Spending

The Centers for Medicare and Medicaid Services proposed new rules for Medicare Part D which would have eliminated the ability of insurers in the program to negotiate the best reimbursement rates with pharmaceutical makers and pharmacies – a key cost-saving component of the program.  I joined with my Ways and Means Committee Colleagues in writing to the Department of Health and Human Services opposed to this rule.

Status:  In response to this letter, CMS rescinded this proposal.

Access to Prescription Medications

The Centers for Medicare and Medicaid proposed limiting to 3 from 6 the protected classes of medications for anti-depressants, immuno-suppressants, and anti-psychotics in Medicare Part D.  This policy could have placed harmful limits on Medicare beneficiaries’ access to necessary medications which would otherwise be covered by protected status.  I joined a group of 50 bipartisan Members on a letter raising concerns about this proposal. 

Status:  In response to this letter, CMS rescinded this proposal.