(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 recruit-
ment report. 
(b) PROHIBITION ON REQUIREMENT OF CERTIFI-
CATION 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 Nation-
ality Act, that requires an employer to provide a cer-
tification 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. 
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SEC. 8. INCLUSION OF CERTAIN YEAR-ROUND LIVESTOCK 
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 year-round livestock worker (including as a dairy 
worker)’’ before ‘‘, and the pressing of apples for cider’’. 
(b) LENGTH OF STAY FOR YEAR-ROUND LIVESTOCK 
WORKERS.—Section 218 of the Immigration and Nation-
ality Act (8 U.S.C. 1188), as amended by this Act, is fur-
ther amended by adding at the end the following: 
‘‘(j) SPECIAL RULE FOR YEAR-ROUND LIVESTOCK 
WORKERS.—Notwithstanding any other provision of this 
section, an H–2A worker who is admitted for purposes of 
performing labor as a year-round livestock worker (includ-
ing 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 peti-
tion 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.’’. 
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SEC. 9. REPLACEMENT OF WORKERS AND EXPEDITED AD-
MINISTRATIVE 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 no-
tice that an H–2A worker recruited or hired by an em-
ployer 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. 10. 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 work-
er may be filed by an association of agricultural em-
ployers which use agricultural labor. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association is a joint or sole em-
ployer of H–2A workers, such H–2A workers may be 
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transferred among its members to perform agricul-
tural labor of the same nature for which the applica-
tion was approved. 
‘‘(3) TREATMENT OF VIOLATIONS.— 
‘‘(A) INDIVIDUAL MEMBERS.—If an indi-
vidual 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 asso-
ciation or other member participated in, had 
knowledge of, or had reason to know of the vio-
lation. 
‘‘(B) ASSOCIATION OF AGRICULTURAL EM-
PLOYERS.— 
‘‘(i) JOINT EMPLOYER.—If an associa-
tion 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 re-
spect to the association and may not apply 
the denial to any individual member of the 
association, unless the Secretary deter-
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mines that the member participated in, 
had knowledge of, or had reason to know 
of the violation. 
‘‘(ii) SOLE EMPLOYER.—If an associa-
tion 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 dur-
ing the period such denial is in force.’’. 
SEC. 11. AGENCY REPORT REQUIRED WHEN DELAYS 
OCCUR. 
Section 218(c) of the Immigration and Nationality 
Act (8 U.S.C (c)) is amended by adding at the end the 
following: 
‘‘(5) 
AGENCY
REPORT
REQUIRED
WHEN 
DELAYS OCCUR.—A report shall be submitted to the 
Committee on Agriculture of the Senate and the 
Committee on Agriculture of the House of Rep-
resentatives for any month in which the average 
reponse time under paragraph (2) to a filing is 
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greater than 7 days. The report shall be submitted 
not later than the last day of the month that imme-
diately follows the month in which such average re-
sponse time limit was exceeded.’’. 
SEC. 12. GAO REPORT. 
Not later than 90 days after the date of enactment 
of this Act, the Comptroller General shall submit to Con-
gress a report on a study— 
(1) evaluating the effects of introducing biomet-
ric identification cards to H–2A workers; 
(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; and 
(3) examining any delay in the processing of 
applications and petitions under the H–2A program 
and in the administration of the program. 
Æ 
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