Make Trade with Britain Great Again
Sep 21, 2018
It is undeniable that the United States and the United Kingdom have a “special relationship.” Throughout periods of global change, and in times of tumult and war, the Anglo-American relationship has been constant. We have stood beside each other through two world wars, the Cold War, and now in our confrontation with global terrorism in a shared pursuit of freedom, peace, and prosperity.
And our trading partnership has been a major element of that relationship. Now, with the scheduled departure of Britain from the European Union, there is the possibility of a free trade agreement between the U.S. and the U.K., an opportunity that would immensely benefit our two nations.
Prior to this, we were not able to have true free trade with Britain precisely because it was a member of the EU. But after March 2019, when Britain is scheduled to make its departure, it will regain its freedom to make its own trade agreements.
Our trading relationship has already been mutually beneficial up to this point. After the EU, the United States is the United Kingdom’s largest trading partner; and the United Kingdom is the 7th largest trading partner of the United States. In 2015 alone, the U.S. exported more than $56 billion worth of goods and services to the U.K. – a sum that was almost identical to the value of U.K. exports to American exports.
On top of this, the U.S. economy is the largest in the world, while the U.K.’s is fifth largest. The size of our economies, combined with our significant trading relationship, would mean that a free trade agreement would significantly advance prosperity on both sides of the Atlantic. Competition would increase, and consumers would have more choices and lower prices. It would be a force generator for economic liberty through genuine bilateral free trade, based upon the principles of sovereignty and economic freedom.
Fortunately, several think tanks and scholars across the U.S. and the U.K. have collaborated to put together an free trade agreement. They have drafted a full, complete text for an agreement that makes significant progress towards the end of trade liberalization between our countries. And these scholars have proven that a full free trade agreement can be done.
And this is exactly what we should be working towards as Britain moves to exit the EU. We ought to be supporting the decision of the British people, and taking steps to ensure that a post-Brexit UK – and the world – can realize the economic and strategic possibilities that full British sovereignty presents.
That is why I also worked with Senator Cotton to introduce the United Kingdom Trade Continuity Act with Senator Cotton last Congress. Our bill would promote economic stability and growth as the U.K. transitions out of the EU by obligating the U.S. to continue and honor all existing commercial agreements with the U.K., and by calling on the President to initiate negotiations for new bilateral agreements with the U.K. 30 days after the bill is enacted.
Steps like these would preserve and promote our special relationship with the United Kingdom. And there would be no better way to do so than by instituting a free trade agreement between our two nations.
A Community Based Response to the Opioid Crisis
Sep 21, 2018
No state has been spared from the scourge of the opioid epidemic. In 2016 alone, 42,000 Americans died due to opioid-related overdoses– or about 115 Americans per day.
Our state of Utah has also been badly hit: nearly 6 Utahns die per week from opioid-related overdoses and three rural Utah counties were identified recently by the U.S. Department of Agriculture as being among the most vulnerable nationwide.
We cannot let this tragic epidemic continue without a fight. And thankfully, Utahns have already been stepping up to the plate.
For years, groups like the Utah Coalition for Opioid Overdose Prevention and the Utah Department of Health have worked diligently to combat this crisis. And since last year, Utah Attorney General Sean Reyes and DEA District Agent Brian Besser have complemented their efforts by forming the Utah Opioid Task Force, which I have been honored to serve on as Co-Chair.
Task Force Members have traveled across the state educating citizens on the perils of opioid dependency and the importance of treating addiction as a disease. They have promoted Naloxone use by first responders, a powerful medication that can often reverse an opioid overdose. They have backed successful DEA and attorney general prosecutions of drug cartel players, and supported various treatment and recovery services.
Furthermore, the Task Force also has worked with physicians to change prescribing practices. As a result, opioid prescriptions have been on the decline.
These initiatives have yielded real results around our state. Similar efforts can work in every state in the union, if given time and space to tailor themselves to specific local needs. But just as we know the opioids crisis has many sources, we know it’s going to have at least as many solutions.
And we also know – from common sense and hard experience – that unaccountable federal grant programs aren’t going to help. Unfortunately, the opioid legislation recently passed in Washington features just that: dozens of grant programs with little accountability for how these dollars will be spent and minimal measurement of their effectiveness.
To be sure, I am not opposed to the entirety of the bill. There are some good measures that could produce real results. For example:
The bill strengthens the Customs and Border Protection’s authority to discover and destroy packages containing illegal controlled substances;
It establishes a system to identify and stop suspicious orders of opioids from drug manufacturers and distributors;
And it requires the FDA to review challenges and barriers of developing non-addictive pain medications, and to update its processes to ensure it is capable of assessing the safety and effectiveness of novel drugs before approving them.
Unfortunately, these measures did not come to the Senate floor for us to consider individually. Instead, they were lumped together with dozens of other bills in this 350-page package. And each Senator was forced to either support or oppose the entire package.
It is crucial to recognize that there is no single opioids crisis. There are dozens. There is a rural crisis, and an urban one that is different. There is a crisis hitting poorly educated Americans and one hitting the highly educated. There’s one that’s hitting adults, and another that’s hitting kids.
And all of these vary by region. In some states overdoses are caused more by prescription drugs, while in others they are caused more from illicit drugs like fentanyl. In some cases, deaths are caused primarily from a combination of drugs.
As findings from the Social Capital Project at the Joint Economic Committee show, there is also a strong social component to this crisis. Individuals who either never married or are divorced—and especially those with only a high school education—represent a higher share of those who have died from opioid-related causes.
These factors cannot be ignored. We must find ways to reach these individuals and reintegrate them into our communities.
Utah’s efforts and results are reason to hope. Our state was one of just 14 where opioid deaths actually fell last year.
We need to continue this local focus here in Utah – where we can best tailor our solutions and effectively reach people succumbing to the grip of the opioid crisis. American lives depend upon it.
Sen. Lee Introduces the Screening Partnership Reform Act
Sep 18, 2018
Mini-Bus Spending Bill
Sep 18, 2018
Mr. President,
I am a Republican because I am a conservative. And I am a conservative because I believe the Constitution and the ideals it asserts in behalf of all Americans are worth protecting. Even when they are untimely. Even when they are unpopular. And especially, for the vulnerable, the marginalized, the forgotten among us.
Equal rights. Equal opportunity. Equal justice under law. Equal dignity under God.
We fail as Americans when we violate these ideals. When we exclude some number of our neighbors from their God-given share of our common inheritance.
When we declare, in the interests of expedience and in defiance of our national creed, that some people are less equal than others.
Such was the cruelty our nation - through our laws – long visited on African Americans, American Indians, immigrants and ethnic minorities; women; religious minorities like my own forebears in the Church of Jesus Christ of Latter Day Saints; the disabled.
Happily, this is no longer the case. All of these groups – who taken together comprise the vast majority of all Americans – were at different times in our history affirmatively brought under the protection of the laws.
This work of inclusion, of expanding the circle of legal and constitutional protection, was not a natural, evolutionary process.
It was the work of vigilant lawmakers advancing the cause of justice at every opportunity, against the entrenched forces of the political status quo.
Republicans in this Congress have undertaken such efforts on behalf of certain priorities: in particular the tax relief and spending increases that are poised to yield a budget deficit of nearly $1 trillion this year.
But no such legislative progress has been achieved advancing the right to life nor the plight of those denied it.
For the second straight year of unified Republican governance – unified pro-life governance – Congress’s annual spending bills will include no new reforms protecting unborn children, or getting federal taxpayers out of the abortion business.
The House version of this Health-and-Human-Services spending bill included multiple reforms:
It denied taxpayer funds to the largest abortion provider in the country, Planned Parenthood;
It eliminated Title X family planning grants, which cross-subsidize abortion providers;
It prohibited federal funding of research on aborted fetal tissue;
It included the Conscience Protection Act protecting pro-life people and groups from funding discrimination.
None of these modest, common-sense spending reforms survived the House-Senate negotiations.
None was made a priority by the people empowered to set the priorities. The authors of this bill defend their 1.3 trillion dollar compromise.
And of course, this being Washington, I know it could always be worse.
But Mr. President, before this bill passes with overwhelming bipartisan support, despite being mostly unread by its supporters, someone ought to speak up for the Americans this legislation leaves behind.
The best measure of any government – of any policy or proposal – is its impact on “the least among us.”
Too often today, Washington acts as though “the least among us” refers to our most vulnerable incumbents rather than our most vulnerable constituents.
This $1.3 trillion spending bill exemplifies that confusion and fails that test. Under this bill, neither the unborn nor taxpayers are any more protected from the abortion industry than they were under President Obama and a unified Democratic Congress.
I understand that fighting on contentious issues comes with a cost. But so does not fighting on them, especially in the rare moments when we could win.
This bill is an opportunity missed – and missed at a time when we can’t be sure how many more we will be given going forward.
Some causes are worth fighting for, even in defeat - the God-given, equal rights and dignity of all human beings paramount among them.
The arc of history may, as I hope, bend toward life. But only if we bend it, Mr. President. I must oppose this legislation, but neither in anger nor sadness.
Rather, in hope, looking forward to another bill, another time – one that stands up for those Americans who ask nothing more than the chance to one day stand up for themselves.
As prepared for delivery
Inactive, Disconnected, and Ailing: A Portrait of Prime-Age Men Out of the Labor Force
Sep 18, 2018
This report is intended to enrich our understanding of who these prime-age "inactive" men are. It summarizes evidence from past research and fills out our picture of these men, providing some details about their past and present social and emotional lives. We introduce an under-utilized dataset little-known to economists and sociologists, the "National Epidemiological Survey on Alcohol and Related Conditions-III," or NESARC-III.
Sen. Lee Votes Against Unaccountable Opioid Spending
Sep 18, 2018
WASHINGTON – Sen. Mike Lee (R-UT) issued the following statement after voting against the Opioid Crisis Response Act of 2018.
“There are some very good elements in this opioid response bill, including strengthening U.S. Customs and Border Protection authority to discover and destroy packages containing illegal controlled substances. Unfortunately, the bill also includes dozens of new grant programs with little accountability for how the dollars will be spent and minimal measurement or analysis on their effectiveness. Good intentions are not enough. In the face of a crisis such as this, we cannot afford to waste precious funds on programs which likely won’t work.”
“What we ought to do is focus our efforts on the state and local level – where we can best tailor our solutions and effectively reach people succumbing to the grip of the opioid crisis. American lives depend upon it.”
States Don't Need Federal Health Care Regulation
Sep 14, 2018
Americans know all too well the crippling costs of healthcare today. On top of the daily struggles of ordinary families to put food on the table, skyrocketing costs of prescription drugs are getting harder and harder to meet.
And pharmacist “gag rules” are only making it worse.
These contract clauses between pharmacies on one side and insurers and pharmacy benefit managers on the other, prevent pharmacists from telling customers they could save money on prescriptions by paying with cash instead of using insurance. Pharmacists are actually prohibited from helping their customers get the best price for their medications.
According to a recent study, about 23% of all drug claims in 2013 involved overpayments, amounting to more than $135 million.
And who pockets those extra dollars? The insurers or benefit managers – in other words, the pharma middlemen.
This is undoubtedly a problem. It is only further evidence of our broken drug pricing system unnecessarily hurting the American people.
And we can all agree that this problem must be fixed. What I believe we must consider, however, is how to best address the problem, who is best equipped to do so, and whether it has already been fixed.
Senator Collins recently introduced a bill which mandates that gag clauses be prohibited under all health insurance plans, including individual and group plans that are administered by states.
The federal government can and should prohibit gag clauses in the plans that it administers. But it cannot and should not intervene in plans that it does not.
Many states have already made great progress on this issue. 26 states have already passed laws banning gag rules, and another 11 states are currently in the process of trying to pass them.
And we ought to leave space for them to do so.
Some have suggested that this state action and increased attention to the cost of prescription drugs has more or less solved this problem and greatly limited the use of gag clauses already. It’s notable that the previously referenced study – the only data we have on this issue – looked at practices from five years ago. The states more directly witnessed this problem, and since then were able to nimbly and capably fix it.
However, even if gag clauses are still in use, we must recognize that it is not the role of the federal government to regulate entities under the jurisdiction of the states. However well-intentioned, when Congress oversteps its authority like this, we usually end up doing more harm than good.
This Monday Congress will vote on a bill that would ban gag rule contracts nationwide. This is a step too far. States are already solving this problem on their own. That is why I will offer an amendment that would narrow the scope of the legislation to its proper scope. Instead of the bill applying to all health plans, my amendment would limit its application to only self-insured group plans, which Congress previously exempted from state regulation. This would close a loophole where states are unable to reach to provide Americans additional transparency surrounding the cost of their prescription drugs.
While the overall goal of the underlying bill is laudable, we must remember that it is neither the role nor the duty of the federal government to regulate all aspects of commerce and Americans’ everyday lives.
The way to help ordinary Americans with high drug costs is not to further cede power to Washington. The federal government’s intervention in healthcare has already caused huge distortions in the market, for which Americans pay a steeper price every year.
If we truly want to protect the American people from abuses like gag rules, we should fight to preserve federalism and the vision of our Constitution – so that states are empowered to directly and efficiently protect their citizens from the injustices they face.
Standards of Identity
Sep 14, 2018
The American food industry has seen incredible innovation over the last several decades. Not only is healthier, safer food more accessible and affordable than ever, but whole new foods are being offered. Safe, tasty alternatives to meat, dairy, gluten, and eggs are now ubiquitous, especially plant-based dairy alternatives like almond, soy, and coconut milks.
This should be the kind of story Americans celebrate, an example of American entrepreneurship and innovation at its best. It should be – but isn’t. Consumers may like milk alternatives, but politicians seem opposed.
According to a proposed rule from the Food and Drug Administration, these products don’t “count” as milk and must either be renamed or pulled from grocery store shelves.
Under an antiquated 1938 law, the FDA has the power to set “standards of identity,” rules defining what does and does not qualify as a particular food product. And according to the FDA, the word “milk” can only describe “lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.”
And so, the FDA wants to crack down on milk alternatives. They say it’s for consumer safety. The facts suggest otherwise.
First, standards of identity have a history of non-enforcement. To start picking and choosing which of the 280 outdated definitions to enforce now would seem arbitrary, or worse.
Part of the reason these rules haven’t been fully enforced is that the regulations themselves haven’t kept pace with many of the modern food innovations over the years. Furthermore, today food products are required to include ingredients on the label. Consumers know what they’re buying and eating.
So what is the real reason for the sudden crackdown? As with so many things in Washington, follow the money.
Dairy sales have been falling since the 1970s and dramatically over the past seven years, while the market for plant-based alternatives has only grown. Between 2011 and 2015, the total milk market shrunk by more than $1 billion; and almond milk sales alone grew by 250%.
Proponents of the FDA’s proposed rule call these products an “attack” on dairy farmers. And therein lies the real motive: to stifle competition and prop up the dairy industry.
The FDA crackdown is just a classic example of cronyism – big business conspiring with big government to rig the economy for them and against their customers.
A few weeks ago, I introduced legislation that would protect standards of identity regulations from this kind of abuse. My amendment to the farm bill would have prevented the FDA from enforcing these rules against products simply because of their use of a common compound name, and so protect everything from “almond milk” to “cashew butter” and “gluten-free bread” from silly accusations of illegal labeling.
Unfortunately, 84 Senators voted against this common-sense reform – Republicans who preach fealty to the free market, and Democrats who insist they fight for the “little guy” against Big Business. In a few months, when the Feds yank soy milk from the shelves, or force you to buy a delicious quart or “liquid legume excretion,” you’ll have them to thank.
Desperate Democrats Fail to Derail Kavanaugh Confirmation
Sep 7, 2018
By the end of this month, DC Circuit Court of Appeals Judge Brett Kavanaugh is going to be Supreme Court Justice Brett Kavanaugh. Senate Democrats are not happy about this fact and they did everything they could to stop Judge Kavanaugh’s confirmation process this week.
But Judge Kavanaugh is so well qualified (he received the American Bar Association’s top for the Court) and he has such a clear track record of judicial independence (he ruled against the Bush administration 8 times in the first two years after President Bush appointed him to the DC Circuit) that desperate Democrats had little real ammunition. So, they made stuff up.
In her opening statement, ranking member of the Senate Judiciary Committee Sen. Dianne Feinstein (D-CA) claimed that “deaths from illegal abortions in this country ran between 200,000 and 1.2 million” a year. But that is just false. According to the Guttmacher Institute, which is where Feinstein claimed she got her facts, there were under 200 deaths from illegal abortions in 1965. The 1.2 million number was the total number of illegal abortions. Quite a big difference.
Despite missing her abortion death number by a factor of 1000, Feinstein wasn’t done fumbling the truth. She then asserted that “hundreds” of school shootings had taken place with assault weapons. As The Washington Post later noted, this is completely false. Only a few school shootings have been conducted with so-called “assault weapons” – most have been committed using common shotguns, hunting rifles, and hand guns.
Neither of these policy points should have anything to do with how Judge Kavanaugh approaches the legal issues presented to a court, but Democrats could at least try and get their facts right when arguing that courts should be setting social policy for the nation.
Sen. Cory Booker (D-NJ) did not land any of the punches he threw at Kavanaugh either. His main line of attack stemmed from the Democrats unprecedented request for all documents Kavanaugh touched while serving as President Bush’s White House Staff Secretary. When President Obama nominated Justice Elena Kagan to the Court, Senate Republicans did request all documents from her time as Deputy Assistant to the President for Domestic Policy to President Clinton. And the Clinton Presidential Library did give those documents to the Senate.
But Republicans did not request any of the documents from Kagan’s time as President Obama’s Solicitor General. They knew those documents were privileged. Democrats, however, asked for all of Kavanaugh’s documents from President Bush’s White House and, pursuant to the Presidential Records Act, President Bush did assert executive privilege over many of those documents. President Bush’s appointed lawyer ended up marking some of the documents as “confidential” which meant senators could see them but the documents could not be made public.
Sen. Booker then claimed he had a confidential email from Judge Kavanaugh titled “racial profiling” and asked, “It seems that you are O.K. with using race to single out some Americans for extra security measures because they look different, but you’re not O.K. with using race to help promote diversity.”
But when President Bush’s lawyer later said the Judiciary Committee could make that email public, it turned out that Judge Kavanaugh had been arguing against using racial profiling against Muslims in the wake of 9/11. Turns out Kavanaugh was against using race to single out some Americans all along!
Sen. Kamala Harris (D-CA) also played a little game of hide the ball, asking Kavanaugh if he had ever had a conversation about Special Counsel Robert Mueller’s investigation with anybody at the law firm of Kasowitz Benson & Torres. When Kavanaugh admitted he did know everyone at the firm and asked her to identify which specific lawyer she was talking about, Harris declined, demanding, “I'm asking you a very direct question. Yes or no?” Kavanaugh then admitted he couldn’t answer since he didn’t know everyone at the firm.
Harris later told reporters that “I have good reason to believe there was a conversation,” and that, “information that I’ve received is reliable and I asked him a clear question and he couldn’t give a clear answer.” But Harris then completely failed to provide any such information or evidence. She had nothing all along.
Why would Democrats go through such embarrassing lengths to stop Kavanaugh?
Because too many judges have become far too willing to interpret the law based on their policy preferences, not what the law actually says. We need judges that respect the founding principles of federalism and separation of powers. Because if judges were to rediscover these principles, then the Supreme Court would not be as powerful as it is today, and out nation would be less divisive.
Judge Kavanaugh has a proven track record of upholding these principles and that is why he will soon be Justice Kavanaugh.