Justice Against Sponsors of Terrorism Act--Veto

Floor Speech

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Mrs. FISCHER. Mr. President, I rise today to address a recent ruling from the U.S. Court of Appeals for the DC Circuit. Last week, the court issued a ruling that was a victory for America's ag producers and a rebuke to Washington regulators. Specifically, the court ruled the Occupational Safety and Health Administration, or OSHA, violated the law when it imposed new limits on anhydrous ammonia storage.

I realize many of my colleagues may not be familiar with anhydrous ammonia. But for those of us who make our living from the land, it is the most cost-effective and commonly used fertilizer in production agriculture. Anhydrous ammonia is an essential input for ag producers in Nebraska and all across this country. It allows them to produce more food while using less land, less water, and, yes, less fertilizer.

Producers receive anhydrous ammonia from retail facilities. In Nebraska, these facilities are primarily farmer-owned cooperatives, found in more than 400 locations across the State. These facilities store anhydrous ammonia in tanks on their property, and since 1992, these tanks have been exempt from certain OSHA regulations. But in 2015, OSHA issued a new standard affecting these retail fertilizer facilities, and they did so illegally, without public notice or industry input.

OSHA's new standard would have required retailers to provide documentation that these tanks fit certain specifications. If a retailer couldn't produce that paperwork, then he or she would be required to purchase an entirely new tank. These tanks are expensive.

The starting price is in the neighborhood of $70,000. Furthermore, anhydrous ammonia tanks vary in size from State to State, and several tank manufacturers are no longer in business. OSHA's unrealistic expectations made it impossible for these retailers and producers to obtain the needed paperwork, which meant that these retailers would have been forced to purchase those pricey new tanks, even though their old ones worked just fine. Understandably, this became a major headache for retailers and producers.

For example, in my home State of Nebraska, Central Valley Ag Cooperative, which is located in York, anticipated compliance costs of $5.6 million. This includes an additional $100,000 of ongoing compliance costs every year. In Elmwood, NE, Midwest Farmers Cooperative estimated producers would spend $20 to $28 more per acre when applying fertilizer to their fields. Given the current state of the farm economy, these increased costs would have been devastating.

They would have forced many farmers to leave the industry altogether.

That would be heartbreaking enough, but there was another, even more troubling aspect to OSHA's standard. They never put it through the required public notice and comment process. OSHA is required by law to conduct this process, as are most Federal agencies, whenever they issue a new regulation or standard. The public notice-and-comment period is a built-in safeguard. It allows those who would be affected by a proposed regulation to have their voices heard, and, ideally, the government would listen to their voices. But OSHA didn't follow the rules. They did not listen. They didn't even try to listen. They said their new policy was effective immediately. That was unacceptable to me.

In response, this summer I introduced bipartisan legislation with Senator Heidi Heitkamp known as the FARM Act. We offered this legislation to provide relief to farmers and force OSHA to follow the law.
Last week, the U.S. Court of Appeals for the DC Circuit reinforced this legislation by forcing OSHA to vacate their illegal and harmful standard. With this ruling, an important precedent has been set. The court made it clear: OSHA improperly expanded the scope, complexity, and costs of regulation on ag facilities that handle anhydrous ammonia.

By disrupting the supply of a vital fertilizer, OSHA would have disrupted farming operations. Worse, they would have harmed farmers' ability to do their jobs and also to provide for their families.
I am relieved that the courts came in and upheld the rule of law.

America's ag producers will now face one less hardship. They can focus on feeding the world and providing for their own families.
At the same time, I remain appalled that OSHA would so brazenly disregard the law in the first place. This is another example of why the American people don't trust the Federal Government. Honestly, I don't blame them. When the Federal Government doesn't follow its own law, it destroys public trust. Out-of-control agencies, like OSHA, which do not follow the law need to be stopped when their overly burdensome regulations hurt Americans.

Let the American people do their jobs. Let them raise their families, earn their living, and pursue their life's purpose. When the bureaucracy fails to do this, it is the responsibility of Members of Congress to step in. I am glad that I have done so.

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