BARN Act
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Rep. Allen, Rick W. [R-GA-12]
ID: A000372
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3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
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5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
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7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Bill Summary
Another brilliant piece of legislative theater, courtesy of our esteemed Congress. Let's dissect this monstrosity and see what kind of disease it's trying to treat.
**Main Purpose & Objectives:** The BARN Act (because who doesn't love a good acronym?) claims to reform the H-2A program for nonimmigrant agricultural workers. In reality, its primary purpose is to massage the egos of farm lobby groups and their congressional lapdogs while pretending to address labor shortages.
**Key Provisions & Changes to Existing Law:** The bill makes several changes to the existing law, including:
* Transferring authority from the Secretary of Labor to the Secretary of Agriculture (because who needs expertise in labor issues when you can have someone with a green thumb?) * Redefining "agricultural labor" to include more activities (read: expanding the pool of cheap labor) * Introducing a deemed approval process for applications (i.e., if the Secretary doesn't respond within 15 days, it's automatically approved – because who needs oversight?) * Eliminating the 50-Percent Rule (which required employers to demonstrate that at least half of their workforce was comprised of U.S. workers) * Capping wage rates at 115% of the federal minimum wage (because who needs a living wage when you can have cheap labor?)
**Affected Parties & Stakeholders:** The usual suspects are involved:
* Farm lobby groups, who will get to exploit more cheap labor * Agricultural employers, who will benefit from reduced labor costs and increased flexibility * Nonimmigrant agricultural workers, who will be treated like disposable cogs in the machine * Taxpayers, who will foot the bill for this charade
**Potential Impact & Implications:** This bill is a classic case of " lipstick on a pig." It pretends to address labor shortages while actually perpetuating the exploitation of nonimmigrant workers. The real impact will be:
* Increased profits for agricultural employers at the expense of worker welfare * Further erosion of labor standards and protections * A continued reliance on cheap, exploitable labor rather than investing in automation or domestic workforce development
In short, this bill is a cynical attempt to placate farm lobby groups while maintaining the status quo of exploitation. It's a disease masquerading as a cure – and we're all just pawns in their game of legislative theater.
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đź’° Campaign Finance Network
Rep. Allen, Rick W. [R-GA-12]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 612 — Mandate for Leadership: The Conservative Promise 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. l 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.
Introduction
— 612 — Mandate for Leadership: The Conservative Promise 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. l 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. — 613 — Department of Labor and Related Agencies l 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. l 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:
Introduction
— 138 — Mandate for Leadership: The Conservative Promise and localities, that would include certification that all components of that government, and not just the applicant agency, are registered with and use E-Verify. l If the applicant is a state or locality, commitment by that state or locality to total information-sharing in the context of both federal law enforcement and immigration enforcement. This would include access to department of motor vehicles and voter registration databases. Non-Use of Discretionary Guest Worker Visa Authorities. To stop facili- tating the availability of cheap foreign labor in order to support American workers (particularly poor and middle-class American workers) and follow congressional intent, the Secretary should explicitly cease using at least two discretionary author- ities as part of his or her broader effort to support American workers. l The Secretary should make it clear that he or she will not use the Secretary’s existing discretionary authority to increase the number of H-2B (seasonal non-agricultural) visas above the statutorily set cap. l The Secretary should not issue any regulations in support of the “H-2 eligible” country list, the effect of which would prevent favoring certain foreign nationals seeking an H-2 guest worker visa based simply on their nationality. Restoration of Honesty and Transparency. The Secretary should use his or her inherent authority as leader of the department to follow up with congressional and other partners to disclose information and provide the transparency that has been obstructed during the Biden Administration. The Secretary should proceed from the assumption that congressional inquiries and public information requests were unfulfilled and then seek to fulfill them. Replacement of the Entire Homeland Security Advisory Committee. The Secretary should plan to quickly remove all current members of the Homeland Security Advisory Committee and replace them as quickly as is feasible. U.S. CUSTOMS AND BORDER PROTECTION (CBP) If all immigration agencies are not merged, including USCIS and ORR, then an appropriate third alternative would be to consolidate ICE and CBP to form a combined Border Security and Immigration Agency (BSIA). This would inte- grate critical interdiction, enforcement, and investigative resources, enhancing coordination and refocusing collective efforts on the vast and complex cross-bor- der threats impacting our nation’s health, safety, and national security. It would — 139 — Department of Homeland Security also simultaneously add efficiencies to our nation’s capacity to facilitate lawful trade and travel. The BSIA should establish clear mission requirements, responsibilities, and mandates under existing law regarding the persistent need for and utilization of U.S. military personnel and resources to assist BSIA with increasing whole-of-gov- ernment efforts and long-term strategy to secure our nation’s borders effectively. In addition, appropriate elements within the newly created BSIA should be desig- nated as part of the U.S. National Security and Intelligence Community. A conservative Administration should eliminate any prohibitive guidance, direction, or mandate from DHS or the Administration that curtails or limits CBP from publishing detailed border security and enforcement data not impacting intelligence, interdiction, and investigative operations, methods, or sources. DHS should issue a regulation mandating that CBP publish accurate and timely border security data, readily available to the public, on a regular basis that avoid White House and DHS leadership review and approval. The White House should grant the authority for CBP and DHS executives to utilize component aviation assets under the Office of Air and Marine (OAM). CBP and DHS have worldwide missions with personnel and facilities that are deployed across the globe and in every state in the U.S. With a CBP workforce alone of more than 60,000 people (240,000-plus for DHS) encompassing more than a thousand sea, land, and airports, it is essential that the Commissioner, Deputy Commissioner, Secretary, and Deputy Secretary can travel efficiently to facilities to maintain appropriate situational awareness across the department’s vast mission set and interact with the expansive workforce. Although CBP operates one of the largest aviation components of any domestic U.S. law enforcement agency, executives are prohibited from utilizing the agency’s aviation assets to facilitate official travel. Executives are required to fly on commercial airlines, and this requirement sig- nificantly limits their ability to have classified communications and takes them offline for extended periods of time. Border Patrol (BP) and OAM should be combined within CBP. BP has more than 20,000 personnel, and OAM has approximately 1,800. OAM’s assets are dedicated in support of BP operations the vast majority of the time, yet redundant approv- als, strategies, and independent hierarchal commands serve as impediments to efficient and practical resource deployments. CBP should restart and expand use of the horseback-mounted Border Patrol. As part of this announcement, the Secretary should clear the records and personnel files of those who were falsely accused by Secretary Alejandro Mayorkas of whip- ping migrants and issue a formal apology on behalf of DHS and CBP. The Secretary should combine the Office of Trade (OT) and Trade Relations with the Office of Field Operations (OFO). The OT is the smallest of CBP’s compo- nents, and its operational counterpart, OFO, has a workforce of more than 30,000.
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.