CLEAN Public Service Act

— 7 — Foreword Instead, party leaders negotiate one multitrillion-dollar spending bill—several thousand pages long—and then vote on it before anyone, literally, has had a chance to read it. Debate time is restricted. Amendments are prohibited. And all of this is backed up against a midnight deadline when the previous “omnibus” spending bill will run out and the federal government “shuts down.” This process is not designed to empower 330 million American citizens and their elected representatives, but rather to empower the party elites secretly nego- tiating without any public scrutiny or oversight. In the end, congressional leaders’ behavior and incentives here are no differ- ent from those of global elites insulating policy decisions—over the climate, trade, public health, you name it—from the sovereignty of national electorates. Public scrutiny and democratic accountability make life harder for policymakers—so they skirt it. It’s not dysfunction; it’s corruption. And despite its gaudy price tag, the federal budget is not even close to the worst example of this corruption. That distinction belongs to the “Administrative State,” the dismantling of which must a top priority for the next conservative President. The term Administrative State refers to the policymaking work done by the bureaucracies of all the federal government’s departments, agencies, and millions of employees. Under Article I of the Constitution, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” That is, federal law is enacted only by elected legislators in both houses of Congress. This exclusive authority was part of the Framers’ doctrine of “separated powers.” They not only split the federal government’s legislative, executive, and judicial powers into different branches. They also gave each branch checks over the others. Under our Constitution, the legislative branch—Congress—is far and away the most powerful and, correspondingly, the most accountable to the people. In recent decades, members of the House and Senate discovered that if they give away that power to the Article II branch of government, they can also deny responsi- bility for its actions. So today in Washington, most policy is no longer set by Congress at all, but by the Administrative State. Given the choice between being powerful but vulnerable or irrelevant but famous, most Members of Congress have chosen the latter. Congress passes intentionally vague laws that delegate decision-making over a given issue to a federal agency. That agency’s bureaucrats—not just unelected but seemingly un-fireable—then leap at the chance to fill the vacuum created by Congress’s preening cowardice. The federal government is growing larger and less constitutionally accountable—even to the President—every year. l A combination of elected and unelected bureaucrats at the Environmental Protection Agency quietly strangles domestic energy production through difficult-to-understand rulemaking processes; — 8 — Mandate for Leadership: The Conservative Promise l Bureaucrats at the Department of Homeland Security, following the lead of a feckless Administration, order border and immigration enforcement agencies to help migrants criminally enter our country with impunity; l Bureaucrats at the Department of Education inject racist, anti-American, ahistorical propaganda into America’s classrooms; l Bureaucrats at the Department of Justice force school districts to undermine girls’ sports and parents’ rights to satisfy transgender extremists; l Woke bureaucrats at the Pentagon force troops to attend “training” seminars about “white privilege”; and l Bureaucrats at the State Department infuse U.S. foreign aid programs with woke extremism about “intersectionality” and abortion.3 Unaccountable federal spending is the secret lifeblood of the Great Awokening. Nearly every power center held by the Left is funded or supported, one way or another, through the bureaucracy by Congress. Colleges and school districts are funded by tax dollars. The Administrative State holds 100 percent of its power at the sufferance of Congress, and its insulation from presidential discipline is an unconstitutional fairy tale spun by the Washington Establishment to protect its turf. Members of Congress shield themselves from constitutional accountability often when the White House allows them to get away with it. Cultural institutions like public libraries and public health agencies are only as “independent” from public accountability as elected officials and voters permit. Let’s be clear: The most egregious regulations promulgated by the current Administration come from one place: the Oval Office. The President cannot hide behind the agencies; as his many executive orders make clear, his is the respon- sibility for the regulations that threaten American communities, schools, and families. A conservative President must move swiftly to do away with these vast abuses of presidential power and remove the career and political bureaucrats who fuel it. Properly considered, restoring fiscal limits and constitutional accountability to the federal government is a continuation of restoring national sovereignty to the American people. In foreign affairs, global strategy, federal budgeting and pol- icymaking, the same pattern emerges again and again. Ruling elites slash and tear at restrictions and accountability placed on them. They centralize power up and away from the American people: to supra-national treaties and organizations, to left-wing “experts,” to sight-unseen all-or-nothing legislating, to the unelected career bureaucrats of the Administrative State.

— 7 — Foreword Instead, party leaders negotiate one multitrillion-dollar spending bill—several thousand pages long—and then vote on it before anyone, literally, has had a chance to read it. Debate time is restricted. Amendments are prohibited. And all of this is backed up against a midnight deadline when the previous “omnibus” spending bill will run out and the federal government “shuts down.” This process is not designed to empower 330 million American citizens and their elected representatives, but rather to empower the party elites secretly nego- tiating without any public scrutiny or oversight. In the end, congressional leaders’ behavior and incentives here are no differ- ent from those of global elites insulating policy decisions—over the climate, trade, public health, you name it—from the sovereignty of national electorates. Public scrutiny and democratic accountability make life harder for policymakers—so they skirt it. It’s not dysfunction; it’s corruption. And despite its gaudy price tag, the federal budget is not even close to the worst example of this corruption. That distinction belongs to the “Administrative State,” the dismantling of which must a top priority for the next conservative President. The term Administrative State refers to the policymaking work done by the bureaucracies of all the federal government’s departments, agencies, and millions of employees. Under Article I of the Constitution, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” That is, federal law is enacted only by elected legislators in both houses of Congress. This exclusive authority was part of the Framers’ doctrine of “separated powers.” They not only split the federal government’s legislative, executive, and judicial powers into different branches. They also gave each branch checks over the others. Under our Constitution, the legislative branch—Congress—is far and away the most powerful and, correspondingly, the most accountable to the people. In recent decades, members of the House and Senate discovered that if they give away that power to the Article II branch of government, they can also deny responsi- bility for its actions. So today in Washington, most policy is no longer set by Congress at all, but by the Administrative State. Given the choice between being powerful but vulnerable or irrelevant but famous, most Members of Congress have chosen the latter. Congress passes intentionally vague laws that delegate decision-making over a given issue to a federal agency. That agency’s bureaucrats—not just unelected but seemingly un-fireable—then leap at the chance to fill the vacuum created by Congress’s preening cowardice. The federal government is growing larger and less constitutionally accountable—even to the President—every year. l A combination of elected and unelected bureaucrats at the Environmental Protection Agency quietly strangles domestic energy production through difficult-to-understand rulemaking processes;

— 610 — Mandate for Leadership: The Conservative Promise making new pension promises. More timely and detailed reporting should be imposed. Pension Benefit Guaranty Corporation. The Pension Benefit Guaranty Cor- poration (PBGC) insures benefits for private sector pension plans, with separate single-employer and multiemployer insurance programs. l The PBGC’s annual report must be submitted on time, and with timely data that uses fair-market value principles to calculate the PBGC’s finances. The PBGC has been submitting portions of statutorily required annual reports many months late and using out-of-date data. And PBGC's data on plans is almost five years old. These problematic practices make it difficult for Congress to become aware of serious problems in the insurance programs, which received a bailout of over $85 billion in the 2021 American Rescue Plan Act. The PBGC should use existing statutory authority to protect workers, retirees, employers, and taxpayers by closely monitoring and taking appropriate remedial action with regard to badly run and underfunded multiemployer union pension plans, including termination where appropriate. The PBGC's refusal to use such authority helped cause its multiemployer program deficit to go from less than $500 million in 2008 to over $65 billion in 2017. l Congress should increase the variable rate premium on underfunding and eliminate the per-participant cap in order to appropriately take into account risk and limit the degree to which well-funded pension plans must subsidize underfunded plans. Reforms should proportionately reduce the fixed per-participant premium to ease the burden on well-funded plans and also increase premiums on multiemployer plans to match single-employer plans. Improving Access to Employee Stock Ownership Plans. Employee Stock Ownership Plans (ESOPs) are ERISA-covered employee retirement savings plans that allow employees to receive compensation in the form of equity in their employer business. These arrangements enable employees to formally partici- pate as investors in how their employers’ businesses are run. And they also align employer–employee incentives by giving employees a greater financial stake in the success of their employers. With over half of small businesses owned by business owners over the age of 55, ESOPs also create advantageous succession oppor- tunities that support the continuity of local businesses and regional economic — 611 — Department of Labor and Related Agencies development. Finally, ESOPs can enable greater investment returns for employees. However, ESOPs have to date lacked clear rules under ERISA that recognize their unique structure and benefits, and this opacity can serve as a barrier to employers considering adopting ESOPs. l Provide clear regulations for ESOP valuation and fiduciary conduct. DOL should make it easier for employers to offer ESOPs by providing clear regulations for ESOP valuation and fiduciary conduct that encourages the participation of employee beneficiaries in corporate governance, while recognizing the importance of financial diversification for retirement security. Alternative View. Conservatives believe that it is important for American fami- lies to have control over their savings and to be able to hold diversified assets. While ESOPs can be a beneficial part of a worker’s and family’s savings, some conserva- tives believe that the government should not favor one form of investment over another or make it harder for families to have a diversified investment portfolio. PUTTING AMERICAN WORKERS FIRST 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. l 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. l 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.