Reducing Regulatory Burden

Floor Speech

Date: March 13, 2014
Location: Washington, DC

Mr. LANKFORD. Mr. Speaker, it is amazing when we get a chance to be able to talk about something simple: Can a company run its own business? That seems like a very straightforward statement. Of course a company can run its own business. But it is fascinating to me when we begin to go down the process of how many regulations and how many things a company has to do to fulfill Federal mandates, and it begs one simple question: Is Washington the boss of every company in America? Is Washington the boss of every family in America? Quite frankly, is Washington the boss of every employee in America? We don't work for ourselves anymore unless we are given permission by the Federal Government.

Now lest someone think I may be carrying this overboard, tonight we want to have a little conversation on what is happening in our Nation right now, when we have a Nation that is so focused on how we can wrap around every business to decide what is best for the employees, what is best for the employer, and what is best for everyone around them.

There are several Members here as well, and I want to yield to the gentleman from Oklahoma (Mr. Mullin), who has been an amazing Member of this House of Representatives in the work he has done, and he comes with this small business perspective. He knows how to grow a business. He grew a small business to a very large business that was very significant, even through all of the regulatory process.

I yield to the gentleman from Oklahoma (Mr. Mullin).

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Mr. LANKFORD. I thank the gentleman.

As the husband of an amazing lady and a dad of two amazing two young daughters, I enjoyed the previous Special Order that happened here about Women's History Month. I, as a dad, want to see my daughters be able to succeed and have every single opportunity of every single other American, and so I would like to yield to my colleague from New York so she is able to enter some things into the Record.

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Mr. LANKFORD. I want to continue on this ongoing conversation. How do decisions get made in America?

It is the assumption again that if you are a landowner or a farmer and rancher, you look around your farm and you look for what is best for your land and for your family, as well as for the families around you. No one takes better care of the land than farmers and ranchers all across America.

But it is interesting, as you go across western Oklahoma, you will drive for miles and you will see barbwire fences. At the bottom of it, they will have a small, little ribbon all the way across it. People from outside the State might wonder what that is, but landowners know what it is. That is the Fish and Wildlife Service has stepped onto their private property and said that if you are going to have a fence there in that spot, you have to mark the bottom wire in case a lesser prairie chicken were to be in your area.

So hundreds of miles of fences have now been marked. People have been hired or families have spent their precious time, instead of farming or ranching, instead tagging barbwire in case there is a lesser prairie chicken somewhere in the area, which I remind you, is not an endangered species. It is a species that is being discussed to possibly be threatened at some future point, but it is not listed as threatened. It is not listed as endangered. But millions of dollars have been spent on things like tagging barbwire fences and limiting roads.

Now, landowners have to go to the Fish and Wildlife Service and ask permission for how many head of cattle that they can have in a certain area, in case a lesser prairie chicken happens to be in the area.

It is an interesting day that we have in America, that whether you are farming, ranching, running a plumbing company, or whether you are a contractor, it seems that Washington is the boss of us, and we make decisions based on that.

I would like to be able to welcome in a colleague of mine from my same class, who has been a leader not only in his State legislature, but is now a leader here in this legislature, Mr. Alan Nunnelee. I would like to be able to invite him to be able to come and continue on this conversation.

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Mr. LANKFORD. I thank the gentleman for Mississippi for being here and being part of this conversation because this does affect every single corner of our Nation.

Everywhere we go, this tends to be the same issue repeated over and over again. How do individuals make decisions and not have to wait for the Federal Government to be able to give them permission to be able to do this?

We could go on and on, but let me just give you several other examples that some people may know well and some people may not know well.

If you are going to put in a traffic light, just a simple installation, maybe a day or two at an intersection, to be able to put in a traffic light at an intersection, somewhere in the vicinity of that, there will be a board that has been placed up by the company.

There will be 24 different posters stapled to that board to give instructions to anyone who happens to be at that job site installing a traffic light for a day or two of all of their rights under the Department of Labor rules--24 posters posted outside somewhere in the vicinity around where they are doing construction on a traffic light.

Does anyone think that is common sense? I would assume not; but yet it is all over the country. Every company that is installing traffic lights or working on roads or bridges or anywhere they may be, they are hauling around this giant board and putting it up because the Federal Government makes them do it. As they install it, they all think the same thing. Do I work for the government, or does the government work for me?

Many banks in America now, after the Dodd-Frank regulations were passed just 5 years ago, when those regulations were passed--or that law was passed and the regulations are now promulgated, banks will tell you, all over the country--small banks, family-owned banks in small rural communities, medium-sized banks, banks that had nothing to do with the meltdown that happened in our economy in 2008 and 2009--these community banks will tell you many of them have a regulator sitting there full time now.

If not full time, multiple times a year, for weeks on end, a government regulator comes and sits down at their bank and goes through every single piece of everything.

Many of these banks will tell you, if they call one of these regulators and say: Hey, I am thinking about making a loan, and I am considering this, I need to know, when you evaluate my bank, what are you going to say on this, many of the regulators will say: Well, I will evaluate it when I see it.

They won't give them proactive advice. They won't actually help them in advance, but they will show up at the end of it and be able to downgrade them if they made the wrong decision.

That is not a government that is designed to serve you. That is a government that we serve. Banks have suddenly become entities of the Federal Government, constantly worried about some Federal regulator coming in and what they may or may not do. Again, Washington is not our boss.

The overtime rules that were just proposed today by the President, it seems like a such a nice thing to do. If someone works overtime, they should get additional pay, but leaving out this simple fact: people all over America worked hourly and worked to get to a salaried position, so then they saw that as a promotion.

Suddenly, the President of the United States is stepping in and saying: I am going to actually demote you again and put you back on an hourly-type situation, that if you make a certain amount, you are going to have to count your hours.

Well, what really happens in real life with that? Well, I can tell you immediately after that rule gets promulgated, Pam Parks, who owns Blue Wave and Silver Wave Boats in Seminole, Oklahoma, contacts me immediately and says: Does the President have any idea what this would mean in real life in a real business?

I can tell Pam probably not because what it will mean in real life for her, what it will mean in real life for her employees, what it will mean in real life for companies all over America are multiple things, that when the President in Washington shows up at a business and says it is obvious you don't take care of your employees, so we are going to force you to do this, and we are going to take over your business, and we are going to run your payroll different than how you are running it, what really happens is salaried workers suddenly step back down to hourly workers, and someone who really wants to succeed and is going to put in the time to do that, the boss has to step in to them onsite and say: you can't work more than 40 hours. I know you wanted to be here and to do extra stuff and try to work your way up the ladder. No, you can't do that; because at a certain pay level, there is a cut off there, and you have to have extra overtime.

Now, someone who may make a little bit more, they can stay extra, they can work their way up the ladder, but someone else now will be prohibited from doing that.

As odd as it sounds, what just occurred was the President just imposed a new ceiling in workplaces all over the country with no one passing a law, with no regulation being promulgated, just a declaration, and everything just changed for a lot of Americans all over the country, and a new cap was just placed in a lot of places.

People that worked for years to move to salary just got demoted back to hourly, and now, their boss is watching over them. Sadly, that boss is Washington, D.C. That is not right for Blue Wave and Silver Wave Boats in Seminole, Oklahoma. That is not right for businesses all over America.

If I get into an issue that is somewhat controversial, excuse me, but let me count the ways that ObamaCare demonstrates that Washington, D.C., wants to be the boss of every business and of every American.

ObamaCare, when it passed, said to every American: I know that you plan your budget and you plan your life in certain ways. We don't like how you do that. You are suddenly going to do it our way. You are going to buy a product you haven't purchased before, whether you are healthy or not, because we want you to, because we are your boss and we are going to tell you what products you are going to buy. If you want to buy a different insurance policy, I am sorry. That insurance policy is not good enough for us in Washington. You have got to pick the one that we pick in Washington.

That is not American. Now, it is a great thing to make sure that everyone in America has access to health care, but to then go to every family and say: It is going to be more than just access to, it is going to be requirement for, whether it fits your budget or not, and by the way, the government is going to pick what fits your budget.

That means Washington is suddenly the boss of you. In every workplace across the country, Washington, D.C., is now trying to decide which insurance policies work best for them--that is, Washington, not for the people in that company. Washington is not the boss of us. We are individuals that have freedom.

There is a company named Hobby Lobby. It happens to be based in my hometown. It is an absolutely amazing family that has lived out their faith for years. People see Hobby Lobby as this giant company.

Just a few decades ago, Hobby Lobby was in a garage and was a couple of sons cutting out picture frames for their dad, and they were selling these little tiny picture frames and starting their own tiny little frame shop.

That tiny little frame shop is now all over this country and is known to be this great retailer Hobby Lobby. They have practiced faith principles from the very beginning of their company. They close on Sundays. They close early on Wednesdays. They pay well more than minimum wage. They have always had great health care coverage.

They are a company that lives out biblical values in the workplace. They play Christian music even over the loudspeakers at the stores. They are a place that, when you shop, you enjoy shopping there. People love to take care of people there. That is part of their corporate mentality.

It is also a couple of owners and that family that is also opposed to abortion. They have the unusual belief that millions and millions of other Americans believe that children are valuable and that children are important and precious. They happen to have a faith that believes that the child deserves life.

Well, the President disagrees with that faith; so when ObamaCare--literally, the regulations say to that business: You cannot operate your business under faith principles if that faith principle is different than the President's.

Why do I say that? Because if Hobby Lobby did not provide insurance at all--at all to their employees, they would be fined $2,000 per person, per year, if they refuse to provide insurance.

If they provide all insurance with everything included in it that ObamaCare requires, except for four abortifacient drugs--just leave out those four. Based on religious views they don't agree with, those four abortifacient drugs--if they don't provide those four, their fine is $36,500 per employee, per year.

Let me run this past you again: $2,000 per employee if they provide nothing; $36,500 per employee if they provide everything, except those four abortifacient drugs.

How serious is this administration about being the boss of that company and telling them: If your faith practice is different than ours, it is obvious the consequences are shutting down a company?


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