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Hartzler on House regulatory rollback effort

February 3, 2017
Press Release

WASHINGTON—Rep. Vicky Hartzler (R-Mo.) issued the following statement in regards to Congressional Review Act (CRA) action this week in the House of Representatives to reduce the federal regulatory burden on hardworking Americans:

“The last administration overstepped its bounds issuing a deluge of rules which has stifled economic growth and strangled freedom. This week the House passed legislation to nullify and roll back a number of the regulations and rules published in the final hour of the administration, which were implemented without input from Congress and with a disregard for the true impacts they would have on hardworking Americans. In passing these CRAs this week, we have taken a huge step in taking power away from unelected bureaucrats and returning it back to the people where it belongs.”

The House passed a series of bills, using the Congressional Review Act, to express disapproval, and lay the groundwork for nullification of the following rules and regulations published during the Obama Administration:

Disapproval of the Social Security Administration’s rule relating to Implementation of the NICS Improvement Amendments Act of 2007 (Hartzler co-sponsored)

On December 19th, 2016, the Obama Administration finalized a rule to send the names of certain Disability Insurance beneficiaries and Supplemental Security Income recipients with mental impairments to the National Instant Criminal Background Check System (NICS).  Prior to the rule, the Social Security Administration (SSA) only sent the names of individuals who were engaging in criminal activity to the NICs.  Under this new rule, anyone who is awarded disability benefits based solely on a mental impairment will receive a letter saying that the SSA will send their name to the NICS if an SSA bureaucrat determines they need a “representative payee” to help manage their benefits.  Simply having a disability and needing a representative payee does not make someone a threat to society, and their 2nd Amendment rights should not be infringed upon.

Disapproval of the DOD, the GSA, and the NASA rule relating to the Federal Acquisition Regulation

The “blacklisting” rule requires employers bidding on federal contracts to disclose violations and alleged violations of 14 different federal labor laws and similar state labor laws. Prior to awarding a contract, each agency’s contracting officer and a newly created Labor Compliance Advisor will review the information and make subjective determinations on complex legal matters when deciding whether an employer should be awarded a federal contract. It hurts workers, violates due process, and puts American business at a disadvantage.

Disapproval of the Department of the Interior Stream Protection rule

On December 19, 2016, the Office of Surface Mining Reclamation and Enforcement (OSM) released its final Stream Protection Rule. The rule rewrites over 400 regulations threatening one-third of the nation’s coal mining workforce. During the rulemaking process, OSM shut out cooperating agencies – the states responsible for enforcing federal mining regulations. They also ignored existing regulatory success at the federal and state level.

Disapproval of the Securities and Exchange Commission Disclosure of Payments by Resource Extraction Issuers rule

This is a politically motivated, top-down, Washington knows best provision that puts American public companies at a competitive disadvantage to their state-owned competitors while having objectives that do not “generate measurable, direct economic benefits to investors or issuers,” according to the SEC’s initial rule implementing Section 1504. Instead, this SEC rule forces American public companies to disclose proprietary information that can be obtained by their global competitors, including state-owned companies in China and Russia.

Disapproval of the Bureau of Land Management Waste Prevention, Production Subject to Royalties, and Resource Conservation rule

Colloquially known as the “Venting and Flaring rule or the BLM Methane Rule,” the rule represents one of the Obama Administration’s most egregious abuses of executive power designed to destroy responsible energy production on federal lands. BLM exceeded their statutory authority by attempting to regulate air quality –authority that is vested solely with the EPA. Methane emissions from oil and natural gas have significantly declined in recent decades without duplicative federal regulations and at a time when oil and gas production in the U.S. has surged.

Under the Congressional Review Act, Congress can overturn actions by a federal agency after a rule is formally published and submitted to Congress. If the resolution is enacted into law, it nullifies the rule.

Hartzler represents Missouri’s Fourth Congressional District in the U.S. House of Representatives.


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