Showcase Utah: #RoadLessTraveledUtah Photo Contest

May 20, 2014

roadlesstraveledutah

#RoadLessTraveledUtah Contest 

Instagram

Utah has over 43,000 miles of public roads.  These roads connect communities, pass through some of the most beautiful landscapes in the country, and they enable Utahns to enjoy an enviable standard of living.  Senator Mike Lee would like to showcase an outstanding collection of Utah’s roads in his Washington DC office.  You are invited by Senator Mike Lee and Utahgram to submit your photographs of Utah’s roads to this Instagram photo contest.  In addtion to photos being displayed in Senator Lee's office, he will also send a flag flown of the U.S. Capitol to the three entrants whose submissions receive the most likes on Instagram.  Here are the rules:

  1. Be safe.  Pictures taken by drivers while driving will not be considered.
  2. The photo has to contain a road in Utah.
  3. Only 1 photo per person.  Multiple photos will be selected for the display, but only 1 photo per person will be selected.
  4. For communication purposes*, you must be following @SenMikeLee and @Utahgram on Instagram.
  5. Use this tag for your entry: #RoadLessTraveledUtah
  6. Winner info: Representatives from Senator Lee’s office will select up to 28 photos to be displayed in Senator Lee’s office.  In addition to the 28 photos that will be selected for display in Senator Lee’s office, a flag that has been flown over the US Capitol will be given to the top three entrants whose photos receive the most likes during the contest.  
  7. Contest ends on May 30, 2014 at 2:00 p.m. MT.

*Those whose submissions are selected will be asked to provide a larger file size image, so it can be printed for display. 

Instagram

Click here to read official rules

Klobuchar, Lee Statements on AT&T-DirecTV Merger

May 19, 2014

Washington, D.C. – U.S. Senators Amy Klobuchar (D-MN) and Mike Lee (R-UT) today released the following statements regarding the AT&T-DirecTV merger. Klobuchar is chair and Lee is ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights.
 
“AT&T's proposed acquisition of DirecTV is yet another merger that has the potential to dramatically change the television market,” Klobuchar said. “As chair of the Senate Antitrust Subcommittee, I will hold a hearing to examine the effect this merger would have on competition, innovation, and the prices, choices, and service offered to consumers across the country.”
 
“The announcement of an additional merger in the telecommunications and media industry raises concerns about the level of consolidation in these markets,” Lee said. “At the same time, consolidation can benefit consumers in some circumstances.  I look forward to carefully reviewing the evidence and examining the effect this transaction may have on consumer welfare.”

Lee and Cruz ask Sylvia Burwell to respond to unanswered questions regarding Obamacare Implementation

May 16, 2014

The implementation of Obamacare has been an unmitigated disaster
under HHS's previous leadership. It is critical that before the next HHS
Secretary is approved, we have a frank and open discussion about how the
administration plans to relieve the pain and confusion caused by this law.
So far, Ms. Burwell's testimony has been less than forthcoming and
suggests she plans to follow the lead of her predecessor in blocking
Congress's ability to do proper oversight for the American people.  The
questions we propose in the letter have not only been asked repeatedly,
but deal with issues she should have been prepared to answer at her
hearings but did not. We are therefore going to attempt one more time to
get answers to these simple questions and the Senate should not move
forward on her nomination until we get them.

Senator Lee and Senator Cruz Letter to HHS Nominee Sylvia Burwell regarding Obamacare Implementation

Criminal Law and the Administrative State: Defining and Enforcing Regulatory Crimes

May 14, 2014

In an influential law review article, the late Professor Bill Stuntz noted the academic consensus lamenting criminal law’s constantly expanding breadth. Professor Stuntz wrote that virtually all scholarship in the field “consistently argues that existing criminal liability rules are too broad and ought to be narrowed.” But, Professor Stuntz continued ominously,

Western Caucuses Urge EPA to Halt “Waters of the US" Rule

May 8, 2014

WASHINGTON, D.C. –Today, Senator Mike Lee joined Senate Western Caucus Chairman John Barrasso (R-WY) and Congressional Western Caucus co-chairs Stevan Pearce (R-NM) and Cynthia Lummis (R-WY) and 42 other Caucus Members in sending a letter to Environmental Protection Agency (EPA) Administrator Gina McCarthy.  
 
In their letter, the Caucus members call on the EPA to refrain from moving forward with their controversial “Waters of the U.S.” (WOTUS) rule that will drastically expand federal regulatory authority under the Clean Water Act. The members also highlight how this rule will negatively impact farms, small businesses, energy production, commercial development and substantially interfere with the ability of individual landowners to use their property.
 
“We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water.  We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners,”Caucus Members wrote.
 
In addition to Barrasso, Pearce and Lummis, the letter was signed by Senators David Vitter (R-LA), Jim Inhofe (R-OK), Lisa Murkowski (R-AK), Dean Heller (R-NV), Mike Lee (R-UT), Pat Roberts (R-KS), Orrin Hatch (R-UT),  John Thune (R-SD), Mike Crapo (R-ID), Roy Blunt (R-AR), Jerry Moran (R-KS), Deb Fischer (R-NE),  John Cornyn (R-TX), John Hoeven (R-ND), Mike Johanns (R-NE),  James Risch (R-ID) and Mike Enzi (R-WY) and Representatives Rob Bishop (UT-01), Markwayne Mullin (OK-01), Jeff Denham (CA-10), Mike Simpson (ID-02), Don Young (AK-AL), Walter Jones (NC-03), Matt Salmon (AZ-05), Scott Tipton (CO-03), Mike Conaway (TX-11), Mark Amadei (NV-02), Cory Gardner (CO-04), Jeff Duncan (SC-03), Chris Stewart (UT-02), Paul Gosar (AZ-04), Tom McClintock (CA-04), Kevin Cramer (ND-AL), Devin Nunes (CA-22), David Schweikert (AZ-06), Randy Neugebaurer (TX-19), Raul Labrador (ID-01), Kristi Noem (SD-AL), Doug Lamborn (CO-05), Trent Franks (AZ-08), Paul Broun (GA-10), Mike Coffman (CO-06), Jason Chaffetz (UT-03).
 
The full text of the letter:
May 8, 2014
 
The Honorable Gina McCarthy
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
 
Dear Administrator McCarthy,
 
As members of the Senate and Congressional Western Caucuses, we are contacting you regarding our opposition to the Environmental Protection Agency’s (EPA) efforts to significantly expand federal regulatory authority under the Clean Water Act (CWA).
 
We have reviewed the proposed rule that you signed on March 25th and have concluded that the rule provides essentially no limit to CWA jurisdiction.  This is despite the Supreme Court consistently recognizing that Congress limited the authority of the EPA and the Army Corps of Engineers under the CWA.  
 
There has been strong opposition to EPA’s approach due to the devastating economic impacts that a federal takeover of state waters would have.  Additional and substantial regulatory costs associated with changes in jurisdiction and increased permitting requirements will result in  bureaucratic barriers to economic growth, negatively impacting farms, small businesses, commercial development, road construction and energy production, to name a few.
 
The threat of ruinous penalties for alleged noncompliance with the CWA is also likely to become more common given the proposed rule’s expansive approach.  For example, the EPA’s disputed classification of a small, local creek as a “water of the United States” could cost as much as $187,500 per day in civil penalties for Wyoming resident Andrew Johnson.  Similar uncertainty established under the proposed rule will ensure that expanding federal control over intrastate waters will substantially interfere with the ability of individual landowners to use their property.
 
We share the concerns expressed by the Western Governors Association regarding the lack of meaningful state consultation in crafting this rule.  The Western Governors stated in a letter to you on March 25th that they –
 
“are concerned that this rulemaking was developed without sufficient consultation with the states and that the rulemaking could impinge upon state authority in water management.”

 
We fail to understand why the EPA has not adequately consulted our Governors about a rule that has such a significant impact on the economy of our states.  For example, rural states in the West have sizeable ranching and farming operations that will be seriously impacted by this rule.  Despite the claim that the Army Corps will exempt 53 farming practices as established by the Natural Resource Conservation Service, the list of 53 does not cover all existing agricultural practices.  There are a number of farming and ranching practices, such as the application of pesticides, that are not covered on this list that occur every day in the West without penalty.  Under this new proposed rule, it appears those farmers and ranchers will need to get a permit or be penalized if they continue to use those non-covered practices in new federal waters.
 
Congress has demonstrated strong opposition to past efforts to have the federal government control all wet areas of the states.  During the recent consideration of the Water Resources Development Act (WRDA), a bipartisan group of Senators voted 52 to 44 to reject the EPA’s CWA Jurisdiction Guidance, which would have also resulted in effectively unlimited jurisdiction over intrastate water bodies.  Efforts to pass legislation to have the federal government control all non-navigable waters have also failed in past Congresses.
 
We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water.  We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners.

Energy Tour of Utah

May 5, 2014

On April 15 and 16, the Salt Lake Chamber of Commerce organized a tour for my staff of various energy facilities across the state.  The following is a list of the facilities that were visited:

Intermountain Power Plant (Delta, UT) - Intermountain Power Plant in Delta, Utah is a large coal-fire power plant with an installed capacity of 1,900 MW. This plant, owned by Intermountain Power Agency and operated by the Los Angeles Department of Water and Power, generates power for thousands of homes in California and is transmitted there by way of the HVDC Intermountain transmission line. While the generated power ultimately leaves Utah, Intermountain Power Plant provides a very healthy property tax base for Millard County. A member of my staff enjoyed a toured the facility on Tuesday, April 15 with various energy industry leaders, government officials, and interested citizens.

intermountain power

First Wind Wind Farm (Milford, UT) - First Wind, a renewable energy company based in Massachusetts, has invested millions of dollars into Millard and Beaver counties by building 165 wind turbines with a combined maximum capacity of 306 MW. The project was completed in two phases; the first phase in 2009 and the second phase in 2011. To get the power to First Wind's customers in California, the company built an 88-mile transmission line and connected it to the already-existing Intermountain transmission line. A member of my staff visited this wind farm to learn more about this project and it's positive impact on the Milford City.

windfarm

Beaver City Hydro Power Plant (Beaver, UT) - On Wednesday, April 16, a member of my staff visited and toured two of Beaver City's three Hydro Power Plant locations just east of the city. The first location became operational in 1904 after Beaver City residents approved a $10,000 bond to build the plant. The second location began generating power in 1942 and the third power plant was added in 1992. The three stations combined produce approximately 9,200,000 KWH per year. It is refreshing to see a great self-sustaining rural Utah community. Well done, Beaver City!

beaver hydro


Cove Fort Geothermal Power Plant (Millard County, UT) - Cove Fort Geothermal Power Plant, owned by Enel Green Power North America, was constructed with a total investment of $126 million and opened in October 2013. Located in Beaver County, Utah, this geothermal plant is expected to produce up to 160 GWH of power per year. A member of my staff toured the exterior as well as the interior of the newly-built plant on Wednesday, April 16.

geothermal

It is clear from the reports from my staff who participated in these visits, that Utah is home to a diverse range of energy resources and a home to many innovators and risk-takers.  It is for this reason that I introduced the Energy Freedom and Prosperity Act to eliminate all energy subsidies from the federal government while also lowering the overall corporate tax rate.  Instead of relying on a system where Washington chooses an industry's winners and losers, we should be protecting a free enterprise system where success is measured by the extent to which a product meets the demands of consumers.  This the best way to ensure that we are all winners.

May 2014 - Mobile Office Schedule

May 5, 2014

Thursday 8 May 2014 – Utah County

Mobile Office Visit to Provo City
When: Thursday May 8 2014 @ 12:00 PM – 2:00 PM
Where: Provo, Utah @ Provo City Building, 351 West Center Street, Provo, UT 84601 (Council Chambers)

Thursday 22 May 2014 – Salt Lake County

What: Mobile Office Visit to Herriman City
When: Thursday 22 May 2014 @ 9:30 am – 11:30 am
Where: Herriman @ Herriman City Hall, 13011 South Pioneer Street (6000 West), Herriman, UT 84096 (Blue Conference Room)

Thursday 22 May 2014 – Salt Lake County

What: Mobile Office Visit to Draper City
When: Thursday 22 May 2014 @ 1:30 PM – 3:30 PM
Where: Draper @ Draper City Hall, 1020 East Pioneer Road, Draper, UT 84020 (Admin. Conference Room)

Thursday 22 May 2014 – Weber County

What: Mobile Office Visit to West Haven City
When: Thursday May 22, 2014  2:00-4:00 PM
Where: West Haven City Hall, 4150 South 3900 West, West Haven, UT 84401 (Community Room)

An Anti-Cronyism and Free-Market Agenda

May 5, 2014

Today America faces a large and growing Opportunity Deficit. Up and down our once-flourishing economy, a new and unnatural sclerosis is taking hold. For millions of working families of or aspiring to the middle class, the American Dream is slipping out of reach.

This Opportunity Deficit presents itself in three principal ways: immobility among the poor, trapped in poverty; insecurity in the middle class, where families just can’t seem to get ahead; and cronyist privilege at the top.

On the first two fronts there is some good news. A new generation of conservative leaders is emerging to meet these growing challenges. These reformers understand that it’s not enough to just cut big government. To restore equal opportunity to all Americans, we also have to fix broken government.

That’s why they have already proposed a range of principled, positive reforms to repair our welfare, prison, job-training, tax, energy, and education systems.

But as crucial as this work is, it remains incomplete. Compounding lower-income immobility and middle-class insecurity is America’s crisis of crony capitalism, corporate welfare, and political privilege, in which government twists public policy to unfairly benefit favored special interests at the expense of everyone else.

From subsidies and loan guarantees to tax loopholes and protective regulations, cronyist policies come in a variety of forms, but they all work in the same way: making it easier for preferred special interests to succeed, and harder for their competitors to get a fair shot.

In a cronyist economy, economic power is redistributed, not from the rich to the poor, but from the politically disconnected to the politically well-connected. Profits come from serving congressmen instead of customers, and the innovation and opportunity that define free enterprise start to sag.

In such an economy, increasingly built on connections instead of competitiveness, it’s no wonder we see record corporate profits and jaw-dropping gains among elites, but slow growth, stagnant wages and limited opportunities for everyone else.

Given the scope and consequences of America’s Opportunity Deficit the only option for conservatives today is a clear and simple zero-tolerance policy toward cronyist privilege of any kind.

With deep roots and powerful friends, the policies that contribute to America’s Opportunity Deficit will certainly not fix themselves.

That’s why those same reform-oriented conservatives in Congress have already begun to write and advocate for an anti-cronyist agenda—from Rep. Paul Ryan’s work to strip special-interest privilege from the budget, to Senator Rand Paul’s regulatory reform that would improve federal agency accountability, and Rep. Mike Pompeo’s bill to end federal subsidies in the energy sector.

I am also working with Senator Marco Rubio on a pro-family, pro-growth tax reform proposal to eliminate special-interest privilege from the corporate code and level the playing field for small and large businesses.

This new anti-cronyist Conservative Reform Agenda, while still a work in progress, is an exciting development. For too long Republicans have been complicit in the proliferation of cronyist policies. If we are to win back the trust of the American people—and we must—a zero-tolerance policy toward special-interest privilege has to be our starting point.

Moreover, eliminating cronyist privilege is essential to get the economy growing again by creating opportunity and driving down the inflated costs of many of the staples of middle class aspiration and security: housing, education, health care, and child-rearing.

Anti-cronyist reform should never be confused with the cheap, ugly populism of class warfare. We want successful Americans to succeed. All we ask is that they earn their success on a level playing field, subject to the judgment of the market – as truly successful Americans always have.

A conservative agenda to get right on cronyism will be good for the economy, good for the country, and, above all, the right thing to do.

Op-ed originally published on Townhall.com

Lee Introduces Free-Market Energy Reform

May 1, 2014

WASHINGTON – Today, Senator Mike Lee introduced a bill that restores free-market competition to America’s energy sector by eliminating all tax credits for both renewable and traditional energy sources.  The “Energy Freedom & Economic Prosperity Act” also reduces tax rates to ensure no new burdens are added to the responsible development of America’s energy resources.  Sen. Lee’s bill is a companion to legislation originally sponsored by Rep. Mike Pompeo in the House, which has 34 cosponsors. 

“Washington should not be using taxpayer money to pick winners and losers in the energy industry,” said Lee. “Consumer-driven, free-market competition provides a much better way to ensure Americans have access to reliable, affordable energy. The Energy Freedom and Economic Prosperity Act would level the playing field for all energy producers, forcing them to compete for consumer dollars rather than political favors.”

Congressman Mike Pompeo said: “American families shouldn’t have to subsidize energy companies when they’re having trouble enough paying their utility bills. Companies should have customers, not political patrons. With Sen. Lee’s leadership in the Senate on this important measure, we can eliminate insider deals on energy policy and save money for families across the country.”

The “Energy Freedom & Economic Prosperity Act” has received support from the American Energy Alliance, Americans for Prosperity, Americans for Tax Reform, the Club for Growth, Council for Citizens Against Government Waste, Freedom Action, Heritage Action, National Taxpayers Union, 60 Plus Association, and Taxpayers for Common Sense.

Conservatives' Moment to Stand Against Cronyism

May 1, 2014

Most Americans know that our revolutionary history began when a handful of brave patriots tossed crates of tea into Boston Harbor to protest unfair taxation. But what they might assume incorrectly is that our forefathers did so in response to increased taxes.

In fact, the Tea Act of 1773 actually lowered taxes on imports. What truly offended the colonists was that it only lowered them for one corporation, the politically connected East India Company, giving it an unfair, artificial advantage over smaller, local American competitors.

Thus, not only was the American idea hatched in protest to a government that was too big and too intrusive, but also protesting a government that was willing and able to unfairly benefit favored special interests at the expense of everyone else.

Today, it’s commonly known as “cronyism” and represents a uniquely malignant threat to American exceptionalism.

Cronyism simultaneously corrupts our economy and our government, turning both against the American people. It forces American families who “work hard and play by the rules” to prop up, bail out, and subsidize elite special interests that don’t. It empowers and enriches the few by disenfranchising the many.

Like a black hole, cronyism bends the economy toward the state, inexorably shifting wealth and opportunity from the public to policymakers.

The more power government amasses, the more privileges are bestowed on the government’s friends, the more businesses invest in influence instead of innovation, and the more advantages accrue to the biggest special interests with the most to spend on politics and the most to lose from fair competition.

But once profits depend on serving congressmen instead of customers, the interests of the elite diverge from those of the nation.

Cronyism has created a warped economy, increasingly built on connections instead of competitiveness. We see corporations posting record profits and jaw-dropping gains among elites, but slow growth, stagnant wages and limited opportunities for everyone else. Except, of course, in the Washington, D.C. area, home to six of the ten wealthiest counties in the United States.

That is not to say that anti-cronyism should be equated with – or descend into – the cheap, ugly populism of class warfare. We want successful Americans to succeed. All we ask is that they earn their success on a level playing field, subject to the judgment of the market – as truly successful Americans always have.

Cronyist policies come in many shapes and sizes, but the upshot is always the same: making it easier for favored special interests to succeed and harder for their competitors to get a fair shot.

There are direct subsidies, like those that are supposedly necessary to protect family farmers but overwhelmingly go to the top 10% of recipients.

There are also indirect subsidies, like the loan guarantees issued by the Export-Import Bank, which unnecessarily risk taxpayer money to subsidize well-connected private companies that are perfectly capable of securing private financing anywhere in the world.

There are complicated tax code carve-outs and loopholes, as well as complicated regulations, which are all tools the government uses to collude with big business to erect giant walls that guard against free-market competition.

And then there is Obamacare, truly a cronyist virtuoso’s masterpiece.

The president’s signature achievement privileges certain corporations by penalizing Americans who don’t buy health insurance from them, subsidizes the purchase of those products, protects those corporations from true price competition and market innovation, exempts special interests like labor unions, government employees, and large corporations from various mandates under the law, and may even guarantee those corporations’ survival — even if they lose money — through an open-ended taxpayer bailout.

Cronyist policies violate the conservative principles of free enterprise, equality of opportunity, and the rule of law. It’s time we stand up for economic fairness and fight back against special-interest privilege.

For three years now, establishment leaders have challenged anti-establishment conservatives to accept political reality, engage the politics of addition, and produce a viable plan to make principled conservatism appealing and inclusive — to grow our movement into a majority.

Well, here it is: a commitment to economic fairness and competition at the top of our economy to help restore jobs, growth, mobility, and opportunity to the poor and middle class.

There is a direct line from our forefathers on Griffin’s Wharf in Boston Harbor to where we stand today. They had the courage to challenge a government that was too big and too intrusive, but also unfair. The result was the creation of an America of, by, and for the people. Our challenge today is to reclaim it.