[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6373 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6373

     To amend the Immigration and Nationality Act to simplify the 
petitioning procedure for H-2A workers, to expand the scope of the H-2A 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2012

   Mr. Gibson (for himself, Mr. Reed, and Mr. Owens) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to simplify the 
petitioning procedure for H-2A workers, to expand the scope of the H-2A 
                    program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Farm Relief Act of 2012''.

SEC. 2. ELECTRONIC FILING SYSTEM FOR H-2A PETITIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Agriculture shall establish a process for receiving 
petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). 
In establishing such process, the Secretary shall ensure--
            (1) that petitioners may file such petitions over the 
        Internet on an Internet Web page of the Secretary;
            (2) that any software developed to process such petitions 
        on such Internet Web page shall indicate to the petitioner any 
        technical deficiency in the application prior to submission; 
        and
            (3) that each petitioner shall be able to file such 
        petition in a paper format.

SEC. 3. REPEAL OF 50-PERCENT DOMESTIC WORKFORCE REQUIREMENT.

    Subparagraph (B) of section 218(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1188(c)(3)) is repealed, and any rule made by 
the Secretary of Labor or the Secretary of Homeland Security to carry 
out such subparagraph may not continue in effect.

SEC. 4. PREVAILING PRACTICES SURVEY.

    In the case of an employer petitioning under section 218 of the 
Immigration and Nationality Act (8 U.S.C. 1188), the submission of a 
prevailing practice survey regarding employment practices shall not be 
required.

SEC. 5. ALTERATION OF REGION OF REFERENCE.

    Section 218(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1188(b)(3)) is amended by striking ``within a multi-state region of 
traditional or expected labor supply'' and inserting ``within an area 
of 150 square miles in the United States centered around the place of 
employment''.

SEC. 6. PROHIBITION AND REPEAL OF CERTAIN RULES.

    (a) Rules Regarding Recruitment and Referral Requirement.--The 
Secretary of Agriculture may not make any rule for purposes of carrying 
out section 218(b)(3) of the Immigration and Nationality Act that--
            (1) requires that an employer advertise an offer of 
        employment--
                    (A) on a particular date; or
                    (B) in a particular publication;
            (2) requires that an employer contact workers who the 
        employer employed in the prior year or growing season; or
            (3) requires that an employer submit a recruitment report.
    (b) Prohibition on Requirement of Certification by Employers.--
            (1) In general.--The Secretary of Agriculture or the 
        Secretary of Homeland Security may not make any rule pertaining 
        to a petition under section 101(a)(15)(H)(ii)(a) of the 
        Immigration and Nationality Act, that requires an employer to 
        provide a certification of--
                    (A) recruitment advertisements; or
                    (B) recruitment reports.
            (2) Rule of construction.--Nothing in this section shall be 
        construed as limiting the authority of the Secretary to require 
        an attestation regarding such matters from any such employer.
    (c) Repeal of Existing Rules.--Any rule that is described in 
subsection (a) that is currently in effect may not continue in effect 
beginning on the date that is 60 days after the date of enactment of 
this Act.

SEC. 7. INCLUSION OF CERTAIN DAIRY WORKERS.

    (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by 
inserting ``, labor as a dairy worker'' before ``, and the pressing of 
apples for cider''.
    (b) Length of Stay for Dairy Workers.--Section 218 of the 
Immigration and Nationality Act (8 U.S.C. 1188) is amended by adding at 
the end the following:
    ``(j) Special Rule for Dairy Workers.--Notwithstanding any other 
provision of this section, an H-2A worker who is admitted for purposes 
of performing labor as a dairy worker may be admitted for a period of 
not more than 12 months. At the end of that period, the Secretary of 
Homeland Security may not approve a petition to import that alien as an 
H-2A worker for a period of 3 months. Such a petition may be filed 
pertaining to that alien any number of times. Such petition may not be 
filed by any person who, at the time of filing, is an alien who is 
unlawfully present in the United States.''.

SEC. 8. REPLACEMENT OF WORKERS AND EXPEDITED ADMINISTRATIVE APPEALS.

    Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), 
as amended by this Act, is further amended by adding at the end the 
following:
    ``(k) Replacement of Workers.--On receiving notice that an H-2A 
worker recruited or hired by an employer has prematurely abandoned 
employment or has failed to appear for employment, the Secretary of 
State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to 
an eligible alien designated by the employer to replace that worker and 
the Secretary of Homeland Security shall expeditiously admit such alien 
into the United States.''.

SEC. 9. AGRICULTURAL ASSOCIATIONS AND POOLING OF WORKERS.

    Section 218(d) of the Immigration and Nationality Act (8 U.S.C. 
1188(d)) is amended to read as follows:
    ``(d) Role of Agricultural Associations.--
            ``(1) Filing by agricultural association permitted.--An 
        application to hire an H-2A worker may be filed by an 
        association of agricultural employers which use agricultural 
        labor.
            ``(2) Treatment of associations acting as employers.--If an 
        association is a joint or sole employer of H-2A workers, such 
        H-2A workers may be transferred among its members to perform 
        agricultural labor of the same nature for which the application 
        was approved.
            ``(3) Treatment of violations.--
                    ``(A) Individual members.--If an individual member 
                of a joint employer association violates any condition 
                for approval with respect to the member's application, 
                the Secretary of Agriculture shall deny such 
                application only with respect to that member of the 
                association unless the Secretary determines that the 
                association or other member participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--
                            ``(i) Joint employer.--If an association 
                        representing agricultural employers as a joint 
                        employer violates any condition for approval 
                        with respect to the association's application, 
                        the Secretary of Agriculture shall deny such 
                        application only with respect to the 
                        association and may not apply the denial to any 
                        individual member of the association, unless 
                        the Secretary determines that the member 
                        participated in, had knowledge of, or had 
                        reason to know of the violation.
                            ``(ii) Sole employer.--If an association of 
                        agricultural employers approved as a sole 
                        employer violates any condition for approval 
                        with respect to the association's application, 
                        no individual member of the association may be 
                        the beneficiary of the services of H-2A workers 
                        admitted under this section in the occupation 
                        in which such H-2A workers were employed by the 
                        association which was denied approval during 
                        the period such denial is in force.''.

SEC. 10. GAO REPORT.

    Not later than 90 days after the date of enactment of this Act, the 
Comptroller General shall submit to Congress a report on a study--
            (1) evaluating the effects of introducing biometric 
        identification cards to H-2A workers; and
            (2) whether the usage of such identification cards would 
        promote efforts to efficiently enforce the immigration laws and 
        streamline the visa application and admission process for H-2A 
        workers.
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