,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bha ,,in ,,the ,,house ,,of ,,representatives ,january #d1 #bjag,ms4 ,stefanik introduced the following bill2 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-#b;,a workers1 to expand the scope of the ,h-#b;,a program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family ,farm ,relief ,act of #bjag4 #b4 ,secretary of ,agriculture to administer ,h-#b;,a program 7a7 ,in general ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 is amended by striking the term ,secretary of ,labor each place it appears and inserting ,secretary of ,agriculture4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #c4 ,electronic filing system for ,h-#b;,a petitions ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,agriculture shall establish a process for receiving petitions for nonimmigrant visas under section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a774 ,in establishing such process1 the ,secretary shall ensure-- 7#a7 that petitioners may file such petitions over the ,internet on an ,internet ,web page of the ,secretary2 7#b7 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 submission2 and 7#c7 that each petitioner shall be able to file such petition in a paper format4 #d4 ,repeal of #ej-percent domestic workforce requirement ,subparagraph 7,b7 of section #bah7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;c77#c77 is repealed1 and any rule made by the ,secretary of ,labor or the ,secretary of ,homeland ,security to carry out such subparagraph may not continue in effect4 #e4 ,prevailing ,practices ,survey ,in the case of an employer petitioning under section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh71 the submission of a prevailing practice survey regarding employment practices shall not be required4 #f4 ,alteration of region of reference ,section #bah7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;b77#c77 is amended by striking within a multi-state region of traditional or expected labor supply and inserting within an area of #aej square miles in the ,united ,states centered around the place of employment4 #g4 ,prohibition and repeal of certain rules 7a7 ,rules regarding recruitment and referral requirement ,the ,secretary of ,agriculture may not make any rule for purposes of carrying out section #bah7;b77#c7 of the ,immigration and ,nationality ,act that-- 7#a7 requires that an employer advertise an offer of employment-- 7,a7 on a particular date2 or 7,b7 in a particular publication2 7#b7 requires that an employer contact workers who the employer employed in the prior year or growing season2 or 7#c7 requires that an employer submit a recruitment report4 7b7 ,prohibition on requirement of certification by employers 7#a7 ,in general ,the ,secretary of ,agriculture or the ,secretary of ,homeland ,security may not make any rule pertaining to a petition under section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act1 that requires an employer to provide a certification of-- 7,a7 recruitment advertisements2 or 7,b7 recruitment reports4 7#b7 ,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 employer4 7c7 ,repeal of existing rules ,any rule that is described in subsection 7a7 that is currently in effect may not continue in effect beginning on the date that is #fj days after the date of enactment of this ,act4 #h4 ,inclusion of certain year-round livestock workers 7a7 ,in general ,section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 is amended by inserting 1 labor as a year-round livestock worker 7including as a dairy worker7 before 1 and the pressing of apples for cider4 7b7 ,length of stay for year-,round livestock workers ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh71 as amended by this ,act1 is further amended by adding at the end the following3 7j7 ,special rule for year-,round livestock workers ,notwithstanding any other provision of this section1 an ,h-#b;,a worker who is admitted for purposes of performing labor as a year-round livestock worker 7including as a dairy worker7 may be admitted for a period of not more than #c years4 ,at the end of that period1 the ,secretary of ,homeland ,security may not approve a petition to import that alien as an ,h-#b;,a worker for a period of #c months4 ,such a petition may be filed pertaining to that alien any number of times4 ,such petition may not be filed by any person who1 at the time of filing1 is an alien who is unlawfully present in the ,united ,states4 4 #i4 ,replacement of workers and ,expedited ,administrative appeals ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh71 as amended by this ,act1 is further amended by adding at the end the following3 7k7 replacement of workers ,on receiving notice that an ,h-#b;,a worker recruited or hired by an employer has prematurely abandoned employment or has failed to appear for employment1 the ,secretary of ,state shall promptly issue a visa under section #aja7;a77#ae77;,h77ii77a7 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 ,states4 4 #aj4 ,agricultural ,associations and pooling of workers ,section #bah7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;d77 is amended to read as follows3 7d7 ,role of agricultural associations 7#a7 ,filing by agricultural association permitted ,an application to hire an ,h-#b;,a worker may be filed by an association of agricultural employers which use agricultural labor4 7#b7 ,treatment of associations acting as employers ,if an association is a joint or sole employer of ,h-#b;,a workers1 such ,h-#b;,a workers may be transferred among its members to perform agricultural labor of the same nature for which the application was approved4 7#c7 ,treatment of violations 7,a7 ,individual members ,if an individual member of a joint employer association violates any condition for approval with respect to the member's application1 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 in1 had knowledge of1 or had reason to know of the violation4 7,b7 ,association of agricultural employers 7i7 ,joint employer ,if an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association's application1 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 association1 unless the ,secretary determines that the member participated in1 had knowledge of1 or had reason to know of the violation4 7ii7 ,sole employer ,if an association of agricultural employers approved as a sole employer violates any condition for approval with respect to the association's application1 no individual member of the association may be the beneficiary of the services of ,h-#b;,a workers admitted under this section in the occupation in which such ,h-#b;,a workers were employed by the association which was denied approval during the period such denial is in force4 4 #aa4 ,agency report required when delays occur ,section #bah7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7;c77 is amended by adding at the end the following3 7#e7 ,agency report required when delays occur ,a report shall be submitted to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives for any month in which the average response time under paragraph 7#b7 to a filing is greater than #g days4 ,the report shall be submitted not later than the last day of the month that immediately follows the month in which such average response time limit was exceeded4 4 #ab4 ,,gao ,report ,not later than #ij days after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on a study-- 7#a7 evaluating the effects of introducing biometric identification cards to ,h-#b;,a workers2 7#b7 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-#b;,a workers2 and 7#c7 examining any delay in the processing of applications and petitions under the ,h-#b;,a program and in the administration of the program4