Labor Secretary Nominee Acosta Will Follow President Trump On Fiduciary Rule

Ed. Note: This article first appeared in The National Law Journal

President Trump’s nominee to be secretary of the Labor Department, Alexander Acosta, said that he'd follow Trump's February 3 executive order directing the agency to review its fiduciary rule.

Noting the Labor Department’s current proposal to delay for 60 days the effective date of the fiduciary rule — from April 10 to June 9 — Senator Elizabeth Warren queried Acosta during his confirmation hearing before the Senate Health, Education, Labor and Pensions Committee on whether, if confirmed before the delay is finalized, he would “promise to stop” such a delay.

Acosta replied: “There is an executive action which addresses with specificity the fiduciary rule. It has asked the Department of Labor to look at the rule and to assess specific questions: Will the rule reduce the investment options available to investors? Will the rule increase litigation? Will the rule financially impact retiree investors? And the executive action directs the secretary of Labor and Department of Labor to repeal or revise the fiduciary rule if any of the criteria laid out in that executive order is found.”

That criteria “really regulates and determines the DOL’s approach to the fiduciary rule,” Acosta continued, adding that he supports “following executive actions from the president, who will be my boss.”

Warren stated that a 60-day delay of the rule’s effective date would cost Americans “$3.7 billion that they’ll get cheated out of by unscrupulous retirement advisors. … How committed you are to protecting the American investor and retirees?” she asked Acosta.

Acosta replied: “If the question is: ‘Do I think it’s important to protect the American retiree?’ Absolutely.

Warren probed further, asking “Generally, do you support this [fiduciary] rule? Do you think this rule is a good idea?”

Said Acosta: “With respect, the rule goes far beyond simply addressing the standard of conduct [of] an investment advisor.”

Warren accused Acosta of “hiding behind an executive order” that Trump issued asking agency heads to review pending regulations and “dodging” her questions, including committing to appeal an injunction to the Labor Department’s overtime rule, which was halted recently by a Texas federal judge.

“If you can’t give me straight answers on your views …, not hide behind an executive order, but your views on this [fiduciary rule] and commit to stand up for workers on these obvious and very important issues, then I don’t have any confidence that you’re the right person for this job,” Warren said.

Sen. Lamar Alexander, R-Tenn., chairman of the committee, shot back that he wouldn’t have “any confidence in you for this position if you did answer the question that way, because I have a completely different view than Senator Warren does. I think the fiduciary rule deprives millions of Americans of an opportunity for investment advice.”

Alexander, in his opening remarks at Acosta’s hearing, said that the Obama administration issued “130% more final rules” than the previous administration’s Labor Department, citing the fiduciary rule, which he said “makes it more expensive for the average worker to access investment advice.”

Acosta noted during his testimony the executive order issued by Trump that “each Cabinet officer must review all rules and make determinations if they should be revised.”

During the Labor Department's review, “high on the list will be to protect workers with appropriate rules,” he said.

Posted by: The Trust Advisor

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