Putting American Workers First

Cap and phase down the H-2A visa program. Congress should immediately cap this program at its current levels and establish a schedule for its gradual and predictable phasedown over the subsequent 10 to 20 years, producing the necessary incentives for the industry to invest in raising productivity, including through capital investment in agricultural equipment, and increasing employment for Americans in the agricultural sector.

Encourage the establishment of an industry consortium and match funding. Congress should also encourage the establishment of an industry consortium of agricultural equipment producers and other automation and robotics firms interested in entering the sector and match funding invested by the industry, with intellectual property developed within the consortium freely available to all participants.

A labor agenda focused on the strength of American families must put American workers first. As the family necessarily puts the interests of its members first, so too the United States must put the interests of American workers first. Immigration. The H-2A visa, meant to allow temporary agricultural work- ers into the United States, also suffers frequent employer abuse. The low cost of H-2A workers undercuts American workers in agricultural employment. The H-2A program is not subject to any statutory numerical cap and has been expanding in recent years, surpassing 200,000 visa issuances for the first time in 2019.

Alternative View. Some conservatives believe that temporary worker programs help to fill jobs that Americans will not fill, prevent illegal immigration by giving farmers and others who hire low-skilled labor access to workers, and keep down the prices of food and other products and services produced by the temporary workers. Some credibly argue that, absent the H-2A program, many farmers would have to drastically increase wages, raising the price of food for all Americans, and that even such wage increases may not be sufficient to attract enough temporary American workers to complete the necessary farm tasks to get food products to market since those jobs are, by their nature, seasonal. Those who share this view argue that any plan to phase out the program should weigh the program’s current costs (relatively low) and the program’s current benefits (makes American farming more profitable and sustainable while keeping down food costs).  l Phase out the H-2B visa program. The H-2B visa, for nonagricultural seasonal workers, suffers from many of the same harms and abuses as H-2A, albeit of lesser scope because of its cap and distribution across many sectors. Congress should immediately cap this program at its current levels and establish a schedule for its gradual and predictable phasedown over no more than 10 years.

Alternative View. As with the H-2A program, some conservatives see the H-2B program as a valuable program that provides low-cost temporary workers in jobs that American companies, by and large, cannot find enough American workers to fill (e.g., tourist season childcare providers at ski resorts, swimming instructors at summer camps, housekeepers and groundskeepers at amusement parks, and extra summer cooks at restaurants that serve national park patrons).These seasonal jobs are less desirable to Americans who predominantly prefer year-round work. Labor shortages after the pandemic support this belief. Absent the H-2B program, many of these seasonal businesses would be forced to cut their hours or even close altogether. Any plan to phase out the program should weigh the program’s current costs (relatively low) and the program’s current benefits (makes seasonal business more feasible).

Hire American Requirements. When government purchases goods or ser- vices, if at all possible, not only should the company be an American company and the products be manufactured in America, but the companies should also be encouraged to hire American workers. Likewise, private employers should be free to prefer our own countrymen.

Congress should mandate that all new federal contracts require at least 70 percent of the contractor’s employees to be U.S. citizens, with the percentage increasing to at least 95 percent over a 10-year period.

Congress must amend the law so that employers can again have the freedom to make hiring Americans a priority. Despite the significant advantages that preferring citizens over (work-authorized) aliens in hiring would provide to American workers, businesses, and the country at large, such a practice has been illegal since 1986.25 This makes no sense. Alternative View Some conservatives believe that the government has a duty to limit its spending in order to limit how much it takes from American families. This means that when the government spends money, it must find the most econom- ical and effective way to do so. Excessive government spending will be borne by American workers and families through reduced incomes and purchasing power. There may be good reasons to require a certain percentage of American workers on federal contracts, but those decisions should be based on economy and efficiency as opposed to arbitrary quotas.

Visa Fraud. American businesses that commit visa fraud and hire illegal immi- grants should not be the beneficiaries of federal spending. But a 2020 report by the Department of Labor’s Office of Inspector General (OIG) examined the depart- ment’s process for excluding employers who commit visa fraud and abuse from federal contracts and found much to be desired. To protect the American workforce from unscrupulous immigration lawyers, employers, and labor brokers, the department must follow the recommendations of the OIG and institute more robust investigations for suspected visa fraud and speedier debarments for those found guilty.

INTERNATIONAL LABOR POLICY

Leveling the International Playing Field for Workers. As recent decades of intense import competition and offshoring have made clear, American workers suffer when the U.S. opens its markets to foreign nations’ minimal labor standards and exploitative conditions. While federal law already prohibits the importation of goods produced with forced labor, the prohibitions are toothless without effective means of enforcement and cover only the most basic of workers’ rights. The Trump Administration and its United States Trade Representative (USTR) took unprece- dented steps to redress the issue for workers. The U.S.–Mexico–Canada Agreement (USMCA) contained the strongest and most far-reaching labor provisions of any free trade agreement (FTA), with protections and commitments to reduce labor abuses and raise wages. It also established new modes of enforcement. For future FTAs, the USTR should replicate the labor provisions of USMCA, especially the provisions to:

Eliminate all forms of forced or compulsory labor. Protect workers’ rights to organize and participate voluntarily in a union without employer interference or discrimination. Create a rapid-response mechanism to provide for an independent panel investigation of denial of labor rights at covered facilities. Shift the burden of proof by presuming that an alleged violation affects trade and investment, unless otherwise demonstrated.  For future authorizations of Trade Promotion Authority (TPA), the President should urge Congress to: lCreate mechanisms for supply-chain transparency. lInstitute a general prohibition on forced labor conditions. Investigate Foreign Labor Violations That Undermine American Work- ers. The United States’ embrace of globalization has exposed American workers to unfair competition from nations with cheap, abundant, and often exploited labor. American workers have, as a consequence, seen their earning power erode. While negotiating stronger trade agreements with robust labor provisions should be the primary tool with which to regulate international labor competition, the federal government can also take steps to identify the worst labor abuses and rule breakers. DOL’s Bureau of International Labor Affairs (ILAB) plays a critical role in monitor- ing and enforcing the labor provisions of U.S. trade agreements and trade preference programs as well as investigating child labor and human trafficking violations.

The next Administration should focus ILAB investigations on foreign labor violations that do the most to damage American workers’ earning power, specifically regimes that engage in child and forced labor, fail to protect workers’ organizing rights, and permit hazardous or otherwise exploitative working conditions. Alternative/Additional View. Conservatives share a belief in protecting and pro- moting American workers and their families and orienting international policies with Americans’ interests first. Some conservatives believe that the best way to put Amer- ica first is by making America more attractive. In addition to restrictions imposed on other countries, removing existing barriers to American manufacturing, employ- ment, and commerce can help American workers, entrepreneurs, and families.

ORGANIZATIONAL AGENDA

Budget

Reduce the agencies’ budgets to the low end of the historical average. The Trump Administration’s FY 2020 request, $10.9 billion, would provide a workable target for spending reductions for DOL, for example. Spending reductions should occur primarily in the Employment and Training Administration (ETA). Focus health and safety inspections on egregious offenders, as other inspections are often abused and usurp state and local government prerogatives.

Personnel

Appoint new EEOC and NLRB general counsels on Day One. The Biden Administration broke significant precedent by firing the EEOC and NLRB general counsels despite their term appointments. The next Administration should do the same and expand on the Biden Administration’s new precedent by refusing to acknowledge terms in other offices, where applicable, and installing acting or full new officers immediately. Implement a hiring freeze for career officials. A hiring freeze imposes financial discipline on agencies’ personnel costs and reduces agency bloat. Office of Compliance Initiatives

DOL should fully staff the Office of Compliance Initiatives (OCI), which was reopened by the Trump Administration after the Obama Administration closed its predecessor down. OCI educates employers and workers on their rights, responsibilities, and available recourse under the many statutes, rules, and regulations administered by DOL. Most businesses want to follow the law and OCI exists to make knowing the rules easier, which leads to increased compliance.

Maximize hiring of political appointees. At its best, the Trump Administration Department of Labor worked with up to 150 political appointees. That is still a tiny percentage of the department. The number of political appointees should be maximized in order to improve the political accountability of the department. Improve Visa-Related Labor-Market Monitoring DOL’s Office of Foreign Labor Certification plays an important role in the approval of H-visa applications, but it is currently housed in the Employment and Training Administration, which is DOL’s primary grant-making division.

OFLC should be moved out of ETA and made directly accountable to the Secretary with a politically accountable Director.

CONCLUSION

The good of the American family is at the heart of conservative labor policy recommendations. The longstanding tradition of a strong work ethic in American culture must be encouraged and strengthened by policies that promote family-sus- taining jobs. By eliminating the policies promoted by the DEI agenda, promoting pro-life policies that support family life, expanding available apprenticeship programs including by encouraging the role of religious organizations in appren- ticeships, making family-sustaining jobs accessible, simplifying employment requirements, and allowing employers to prefer American citizens when making hiring decisions, among the other policy recommendations discussed above, we can begin to secure a future in which the American worker, and by extension the American family, can thrive and prosper.