The Global Trade Accountability Act

Jan 20, 2017

Barack Obama’s presidency was unprecedented in many ways, but the most distinctive – and damaging – feature of his tenure in the White House was his casual disregard for the constitutional limits on the office of the president. By the end of two terms in office, Former-President Obama had grown perfectly comfortable boasting about violating the boundaries on the Executive Branch in order to enact policies that had been rejected by Congress.

From education (forcing Common Core on states through No Child Left Behind waivers), to immigration (granting de facto amnesty to illegal immigrants through DACA and DAPA), our 44th president took unilateral lawmaking to never seen before heights.

But as damaging as all of these executive actions were, the real scandal is the vast lawmaking powers that the Executive Branch wields today by law. For decades Congress has largely avoided the difficult and politically inconvenient trade-offs inherent in legislating, choosing instead to delegate sweeping regulatory powers to federal bureaucratic agencies.

As a result, unelected bureaucrats—not elected representatives in Congress—end up making the vast majority of the federal laws Americans must obey on a day-to-day basis. In 2016, for instance, Congress passed and the president signed 2,966 pages of new laws, while federal agencies issued 97,110 pages of new regulations—about 32 times as much.

As a new president is sworn in today, many Democrats are coming to regret their acquiescence to the centralization of policymaking authority in the Executive Branch, particularly when it comes to trade policy, an area where the president has been granted immense discretion to unilaterally raise trade barriers.

For example, Section 122 of the Trade Act of 1974 authorizes the president to deal with “large and serious United States balance-of-payments” deficits by imposing temporary import surcharges on any goods, not exceeding 15 percent.

While Section 122 confines the president’s authority to act within 150 days, Section 338(a) of the Tariff Act of 1930 contains no such time restriction. Under Sec. 338(a),the president “when he finds that the public interest will be served shall by proclamation specify and declare new or additional duties... upon articles wholly or in part or product of...any foreign country whenever he shall find as fact such country… discriminates in fact against the commerce of the United States.”

These are just two examples of the vast discretionary authority to raise trade barriers that the Executive Branch will have at its disposal. While some Americans may wish to see higher trade barriers in the United States, there’s reason to believe that such a move would wreak havoc on many small and midsize manufacturers that rely on imports and globally connected supply chains.

That is why Congress must reassert its Art. I Sec. 8 power “to regulate commerce with foreign nations” by passing the Global Trade Accountability Act.

This bill would create a new Sec. 155 in the Trade Act of 1974 that would require congressional approval for any “unilateral trade action” undertaken by the Executive Branch. Before raising any trade barriers, the president would be required to submit a report to Congress outlining the proposed unilateral action, the costs and benefits of the action, and the effective period of the action.

Both chambers of Congress would then have to pass a joint resolution approving the proposed action before it could go into force. The law does allow for a “national emergency” exception, but even that declaration would apply for only 90 days. After that, the aforementioned joint resolution would be required for the policy to continue.
There are still many other areas of federal law in desperate need of congressional accountability. The Regulations from the Executive in Need of Scrutiny (REINS) Act, would set up a similar process for all new federal regulations that impose $100 million or more in compliance costs on the U.S. economy. But this is one step Congress can take now to start making the Executive Branch accountable again.

Inauguration Day

Jan 20, 2017

Inauguration Day is a hopeful time in America. A new president brings new opportunities to fix what’s broken in our government, to think afresh about old problems, and to recommit ourselves to the shared American project of working together to build a more perfect union. But the inauguration of a new president – that fleeting moment when the past meets the future and power is peacefully transferred from one administration to the next – also encourages us to take stock of our present situation and reflect on the challenges we face as a nation. Conventional wisdom holds that the great malady plaguing American life today is the toxic combination of political polarization and social fragmentation. And there’s a great deal of truth to this diagnosis. We are, as one astute observer put it, a “fractured republic,” fraught with intense divisions and deep anxieties that are not easily resolved. But I believe our polarization is merely a symptom of a far deeper problem in America today – a problem that actually unites us, more than it divides us. Ask the American people to share their opinions on a particular public policy – be it immigration, health care, same-sex marriage, or any hotly contested issue – and you’ll likely receive a wide variety of responses. These are our dividing lines. But ask them whether they think their opinions actually matter to those charged with making policy – ask them whether their elected representatives truly represent their interests – and the public is suddenly unified. A recent public poll found that three-quarters of Americans believe most elected government officials “don’t care what people like me think.” What do they care about? Catering to the narrow agendas of the powerful and well-connected, according to the same supermajority of respondents, who said the federal government is “run by a few big interests” rather than “for the benefit of all the people.” The American people know they are no longer in charge of their government. They know each year their elected representatives in Washington grow increasingly indifferent, if not downright hostile, to their interests and concerns. And they know – thanks to last year’s election – that they no longer have to tolerate a political establishment committed to taking power away from the people, first by pulling it up away from states and localities and toward the federal government, and then by consolidating it in the hands of Washington’s unelected bureaucrats. This drive toward centralization of policymaking power is rooted in an unspoken distrust of the American people’s capacity to govern themselves. But the history of America, and the principles of the Republican Party, prove this distrust to be utterly unfounded. As Abraham Lincoln – America’s first Republican president – put it in his first inaugural address: “Why should there not be patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world?” On the eve of America's civil war, Lincoln placed his trust - and his hope for a brighter future - squarely on the side of the people. As we seek to heal the wounds of division in our own day, we should follow his lead. Winning back the people's trust must be the primary goal of the Republican Party as we assume unified control over Congress and the presidency, and there's only one way to accomplish it: by putting our trust back in the people.

Lee Introduces Global Trade Accountability Act

Jan 20, 2017

Sen. Mike Lee (R-UT) introduced the Global Trade Accountability Act Friday, a bill that would subject all Executive Branch trade actions (including raising tariffs) to congressional approval.

Sens. Lee, Rubio Call for Fair Taxes for Families

Jan 19, 2017

WASHINGTON – Yesterday, Senators Mike Lee (R-UT) and Marco Rubio (R-FL) sent a letter to the Chairs and Ranking Members of the Senate Committee on Finance and the House Ways and Means Committee encouraging them to make tax reform a priority in the 115th Congress and to consider the Economic Growth and Family Fairness Tax Reform Plan.

January 17, 2017 – Mobile Office Visit to Layton

Jan 17, 2017

Mobile Office Visit to Layton When: Tuesday, January 17, 9:00 a.m. - 11:00 a.m. Where: Layton City Center, 437 N Wasatch Drive, Layton, UT 84041

January 17, 2017 – Mobile Office Visit to Plain City

Jan 17, 2017

Mobile Office Visit to Plain City When: Tuesday, January 17, 12:30 p.m. - 2:30 p.m. Where: Plain City Hall, 4160 W 2200 N, Plain City, UT 84404

Lee Letter Seeks Accountability for US Ambassador in Macedonia

Jan 17, 2017

Sen. Mike Lee (R-UT) sent a letter to US Ambassador to Macedonia Jess Baily today, asking for clarity on; the mission’s assistance to the new government; the involvement of George Soros’ Open Society Foundation; and the implementation US Agency for International Development (USAID) programs. Sen. Lee eagerly awaits a reply from the State Department and hopes that the new administration will hold executive branch officials accountable for the way our tax dollars are spent.

Sens. Lee, Paul Call on Pres.-Elect Trump to Increase Congressional Involvement in National Security, Foreign Affairs

Jan 17, 2017

WASHINGTON - Today, Sens. Mike Lee (R-UT) and Rand Paul (R-KY) sent a letter to President-Elect Donald Trump regarding the importance of rebalancing the relationship between Congress and the Presidency on issues of national security and foreign policy. The letter addresses the need to require Congressional approval for specific military actions before the President can undertake them in the Middle East, and it encourages president-elect Trump to review and work with Congress in repealing or reforming the 2001 and 2002 Authorization for the Use of Military Force (AUMFs). The letter also addresses the need for the President to engage with the legislative branch and build consensus with Congress and the American people on important issues to our national security, such as our relationships with Russia and China.
 
The letter states, “While members of Congress have disagreements on many domestic and foreign policies, we all agree that the most fundamental duty of the federal government is to protect the safety, security, and freedoms of the American people. The constitutional powers to carry out this duty are shared between the President and Congress so that our military and diplomatic policies are informed by a long-term vision of American interests – forged through the kind of open debate and patient deliberation that is the province of Congress – while remaining flexible enough to respond to threats as they appear.”
 
"The complexity of the security questions we face as a nation calls for robust debate, prudence, and cooperation,” the letter continues. “The challenges are too great and the risks too high to simply defer to yesterday’s status quo. Now is the time for bold leadership and sober judgment.  You have an opportunity at the beginning of your presidency to help recommit the Executive Branch to preserving this constitutional balance that has always defined our government at its best, and we stand ready to work with your administration toward that end."
 
The letter can be found in its entirety here:

Sens. Lee, Paul Call on Pres.-Elect Trump to Increase Congressional Involvement in National Security, Forei... by Senator Mike Lee on Scribd

Elections Have Consequences for Housing Policy

Jan 13, 2017

“Elections have consequences, and at the end of the day, I won.” These were the infamous words President Obama used to scold congressional Republicans just three days after his inauguration in 2009, foreshadowing how he would approach policymaking for the next eight years.

The First Step on the Road to Real Health Care Reform

Jan 13, 2017

This Thursday at about 1:30 pm, the United States Senate took the first step on the road to real health care reform: repealing Obamacare.