Lee to Holder: Explain Constitutional Basis for Executive Action on Minimum Wage, Delaying Employer Mandate

Jan 29, 2014

Today, Senator Mike Lee asked Attorney General Holder to explain the President’s constitutional authority to take executive action to delay the employer mandate and raise the minimum wage.

Excerpts from Sen. Lee’s Response to the President’s State of the Union Speech

Jan 28, 2014

Tonight, Senator Mike Lee will give the Tea Party response to the president’s State of the Union speech.

Fighting for PILT

Jan 21, 2014

After I learned that the recent omnibus spending bill didn't include funding for PILT, I held a conference call with several of Utah's county commissioners.  It is clearly a problem that a 1,500 page spending bill that spends over $1 trillion dollars doesn't provide funding to offset the financial burdens that are faced by states with high amounts of public land owned by the federal government.

Here are some highlights from the conference call:

This power might be used to enslave any particular state Spending bill that doesn't fund PILT spends $160 million for new land Those burdens remain there regardless How Senator Reid is Obstructing the Funding of PILT

To create jobs, promote access to opportunity via human networks

Jan 21, 2014

Like most Americans, I support the ability of individuals to collect unemployment insurance for a limited amount of time. But in order to start solving the problem of long-term unemployment, this debate has to begin addressing the president’s broken policies that are making it more difficult to find work.

By historical standards, employment should be returning to the U.S economy at a much faster rate. On average, it took just over two years to recoup every lost job in each recession following the Great Depression. But five years after the 2008 recession began, the Obama recovery still has fewer jobs than before the downturn. In particular, private-sector job growth has lagged, creating an Obama “job gap” of more than 4.5 million jobs, according to the Joint Economic Committee.

By repeatedly supporting policies that have killed jobs and rejecting proposals that would have created them, the president has forced more Americans to need unemployment insurance for longer periods of time. The administration’s “solution” is to just keep people trapped in these programs without doing anything about the causes of long-term unemployment.

The truth is that government policies are causing long-term unemployment, creating barriers for low-income Americans to work their way into the middle class, locking millions of Americans in poverty traps, and preventing families who are barely making it from getting ahead. These policies unintentionally discourage almost every positive step underprivileged families can take toward social mobility and economic security.

Now is the time for a new, comprehensive anti-poverty agenda that not only corrects but transcends existing policies that cause immobility among the poor and long-term unemployment.

In an 1861 address to Congress, Abraham Lincoln said the “leading object” of American government was “to elevate the condition of men — to lift artificial weights from all shoulders, to clear the paths of laudable pursuit for all, to afford all an unfettered start and a fair chance, in the race of life.”

In a single sentence, Lincoln explains precisely what poverty is and what government ought to do about it. Lincoln knew that true poverty was not for most people an absence of money, but an absence of opportunity.

Then, as now, people were not isolated because they were poor; they were poor mostly because they were isolated. And so, in America’s original war on poverty, government did not give the poor other people’s money. It gave them access to other people.

In Lincoln’s era, that meant dredging rivers, building canals, cutting roads, the Homestead Act and land-grant universities. These public goods didn’t make poverty more tolerable, but more temporary. They reduced the time it took to get products to market and increased the speed at which knowledge could be developed and shared.

In the same way, Americans today do not lack the ability to acquire the knowledge and skills necessary to flourish. But they absolutely lack the same access to the networks of human opportunity where that knowledge and those skills are acquired.

Utah can provide a good example for the rest of the country. A combination of smart, efficient government, an active and faithful civil society and perhaps the most successful private welfare system in the world has made Salt Lake the most upwardly mobile region in the country. And we have one of the lowest unemployment rates in the country to show for it.

That’s why I have begun and will continue to pursue a reform agenda in Washington that begins to lift the artificial weights imposed by government. It includes streamlining our current welfare system so people can work their way into the middle class and stay there. Other reforms give more flexibility to state and local officials in our Medicaid and Head Start programs, refine prison sentencing to reunify communities and families, eliminate inequities in the tax code that hurt parents, and make higher education more affordable and accessible to low-income students.

Unemployment insurance can be a useful tool if it is used as a limited backstop. But extending unemployment insurance indefinitely is not a replacement for fixing the root causes of long-term unemployment and poverty. We need an agenda that connects people, fosters civil society and free markets, and gives Americans access to real, lasting opportunities.

To create jobs, promote access to opportunity via human networks was originally published in the Deseret News

New School: A Plan for State-Based Accreditation of Alternative Higher Education

Jan 16, 2014

The challenge of American higher education policy today is reconciling two seemingly contradictory facts.

First, higher education is more important to economic opportunity and middle-class security than ever before.

And second, the standard credential of higher education – the bachelor’s degree – is being devalued by the diminishing quality and exploding costs of undergraduate education.

How is it possible that higher education is becoming more valuable and a bachelor’s degree less? Because they aren’t the same thing.

American workers need post-secondary knowledge and skills. But a four-year (or five- or six-year) sojourn at a brick-and-ivy residential institution is not the only way to get them. Indeed, it’s not the way that most Americans get them.

There are vocational schools and professional training programs. There are apprenticeships in the skilled trades. There are hybrid on-campus/on-the-job models. There is the bourgeoning promise of distance learning options, like Massive Open Online Courses.

Unfortunately, this innovative, alternative market is being hamstrung by federal policy governing higher-education accreditation.

Under the federal Higher Education Act, students are eligible for Title IV student loans and grants only if they attend formally accredited institutions. That makes some sense, for purposes of quality control. Except that under the law, only degree-issuing academic institutions are allowed to be accredited. And only the U.S. Department of Education gets to say who can be an accreditor.

That is, the federal government today operates a kind of higher-education cartel, with federally approved accreditors using their gatekeeper power to keep out unwanted competition.

This closed, subsidized market has helped spur runaway inflation, which has made it impossible for all but the wealthiest students to pay their own way. So Washington’s offer to most high school graduates is: go tens of thousands of dollars into (non-dischargeable!) debt to pursue an over-priced degree, or spend the rest of your life locked out of the middle class.

This system works perfectly well for top-tier colleges and the affluent teenagers they tend to admit.

For everyone else, not so much. For marginal students, victims of social promotion, young single parents, or families who don’t want their kids saddled with debt at 22? For innovative and entrepreneurial teachers? For businesses and labor unions looking for in-demand skills?

For them, the current system doesn’t work – it works against them. However unintentionally, Washington is pricing most Americans out of the post-secondary opportunities that make the most sense for them, and plunging most of the rest deep into debt to pursue an increasingly nebulous credential.

Most progressives think ever-more taxpayer assistance will make up for any policy dysfunction. But we’ve tried that, and all we’ve done is inflate a bubble.

It seems to me the answer isn’t more funding or lower rates for existing Title IV programs. The answer is to make more kinds of students and more kinds of education eligible for them.

So last week, I introduced legislation to do just that.

The Higher Education Reform and Opportunity Act would give states the power to create their own, alternative systems of accrediting Title IV-eligible higher education providers.

State participation would be totally voluntary, and would in no way interfere with the current system. State-based accreditation would augment, not replace, the current regime. (College presidents can rest assured that if they like their regional accreditor, they can keep it.)

But the state-based alternatives would not be limited to accrediting formal, degree-issuing “colleges.” They could additionally accredit specialized programs, apprenticeships, professional certification classes, competency tests, and even individual courses.

Nor would states be limited to authorizing traditional accrediting agencies. Businesses, labor unions, trade associations, non-profit groups, and any other applicant that met the state’s requirements could be empowered to accredit.

Under state accreditation, higher education could become as diverse and nimble as the job-creating industries looking to hire.

Authorized businesses could accredit courses and programs to teach precisely the skills they need for their employees. Apple or Google could accredit computer courses. Dow could accredit a chemistry program, and Boeing could craft its own aerospace engineering “major.”

Unprepared high school graduates could get loans to either acquire basic professional skills, or start to pursue the academic education their dysfunctional school boards and teachers’ unions denied them.

Workers whose life circumstances make it impossible to take more than one course at a time – single parents, perhaps, or those working two jobs – could finally be eligible for Title IV funds.

Meanwhile, talented teachers could side-step time-consuming and esoteric “publish or perish” research, and spend their careers in the classroom instead. Groups of professors could form new business models, like medical practices, and offer high-quality higher education for a fraction of the cost of four years at a traditional university. Finally competing on a level playing field, new options like MOOCs could finally find their markets.

Institutions of civil society could play a role, too. Non-profit groups like the U.S. Historical Society, the Sierra Club, or the Mayo Clinic could accredit programs in their respective fields, or even competency-measuring exams for various courses.

Think of the proliferation of opportunities. Faith communities and civic organizations could begin to offer accredited courses, for next to nothing, as part of their missions. Qualified individuals could make teaching higher education their form of community volunteering.

After all, the retired mechanic down the street and the stay-at-home mom with the masters degree, and the Civil War re-enactor with encyclopedic knowledge of military history are all potential teachers sitting on the sidelines. Alternative accreditation could get them into the game.

We already know that people other than tenured academics can teach college-level material, because adjunct professors, teaching assistants, and high school Advanced Placement teachers do it every day.

And we already know credentials other than the B.A. work perfectly well in fields that use them (for example, the CPA exam, the Series 7, or journeymen exams in the skilled trades).

Everything we know about education and professional training in our diversifying economy says it’s time to decouple Title IV eligibility and enrollment at degree-issuing institutions. There are too many valuable opportunities and invaluable people the current policy excludes.

My bill begins that process. How might it help?

In state-accredited higher education markets, alternative providers would have to price-compete with their traditional and alternative competitors. Among other benefits of quality and efficiency, disciplined pricing would mean students might need loans of hundreds of dollars, instead of tens of thousands.

Providers will have to market their teaching excellence –  only the best teachers will earn their keep.

They will have to build up their brand reputations quickly – so they’ll be conspicuously transparent about their students’ success and employment rates and income levels, probably with third-party verification. That will give providers enormous incentive to help their students truly learn, as those who can’t won’t stay in business.

As the alternative market establishes student/customer-friendly standards for pricing, quality, and transparency, traditional colleges will face tough questions about rigor, transfer credits, and student success.

Less-competitive colleges in particular, with weak academics and scandalous graduation rates, will have to step up or go under.

Some reformers might want to go even further – to open up the market with a national system based in Washington, or blow up the status quo altogether.

But housing alternative accreditation in the states accomplishes three conservative goals at once. It will protect policy innovation from the monolithic cronyism that inevitably infects centralized power. It will allow competitive federalism to work its magic, as neighboring states check one another’s imprudence and inaction. And, finally, it will preserve and reward what does work at today’s colleges and universities.

It is wrong to say America’s higher education system has “failed.” It has succeeded beyond any reasonable expectation. Our best colleges are the best colleges anywhere – that’s why students from around the world come here to study.

But that system – and especially the federal policies that govern access to it – is failing the two-thirds of Americans who never get a B.A., and the large minority of Americans who never set foot on a college campus.

Those Americans need access to skills that current colleges aren’t teaching, at prices that four-year residential institutions can’t afford, on timelines the academic calendar can’t accommodate. And the lower a student’s income, the greater the need.

In today’s customizable world, students should be able to put their transcripts together a la carte – on-campus and online, in classrooms and offices, with traditional semester courses and alternative scenarios like competency testing – and assistance should follow them at every stop along the way.

We don’t need to dump our higher education system – we just need to open it up to more students and teachers.

So instead of eliminating our current accreditation regime, my bill would simply allow 50 new ones to compete with it, and each other – with enough quality control to protect students and taxpayers, and enough flexibility to incentivize experimentation and innovation.

The point of higher education policy should be to make it easier and more affordable for good teachers to teach, willing students to learn, the economy to grow, and civil society to flourish. State-based accreditation reform can help on all four fronts.

This op-ed, New School: A Plan for State-Based Accreditation of Alternative Higher Education, was originally published in The Federalist.

Lee, Hatch Push to Restore Funding for PILT program

Jan 16, 2014

Utah’s U.S. Senators Mike Lee and Orrin Hatch are supporting an amendment to the Omnibus government funding bill introduced by Sen. John Barrasso (R-Wyo.) that would fully fund the Payment in Lieu of Taxes (PILT) program.

Reducing the Burdens of Public Land

Jan 15, 2014

Beside me is a map of the United States. In red, you can see all the land that is owned by the federal government. As you can see by looking at the map, most of the land west of the Rocky Mountains, more than 50% in fact, is owned by the federal government.

January 2014 - Mobile Office Schedule

Jan 14, 2014

Tuesday 14 January 2014 – Utah County

Mobile Office Visit to Central Utah Veterans Home
When: Tuesday 14 January 2014 @ 4:00 PM – 6:00 PM
Where: Payson @ Central Utah Veterans Home, 1551 North Main Street, Payson, UT 84651

Lee Reacts to Oral Argument in Recess Appointments Case

Jan 13, 2014

Today, Senator Mike Lee said that he expects the Supreme Court to determine that President Obama’s controversial recess appointments from January 2012 were unconstitutional. Sen. Lee, who is a former Supreme Court clerk for Justice Samuel Alito, has been a strong and vocal opponent of President Obama’s attempt to usurp the rights of the Senate in the appointment and confirmation of nominees to the executive and judicial branch. He attended the oral argument today in the case of National Labor Relations Board v Noel Canning.

Lee Statement on the Passing of Ariel Sharon

Jan 11, 2014

WASHINGTON - Today, Sen. Mike Lee released the following statement regarding the passing of former Israeli Prime Minister Ariel Sharon: "Ariel Sharon was a great military and political leader who will be remembered as one of Israel's heroes and a tireless statesman in pursuit of a lasting peace."