§ 1842 TITLE 29—LABOR Page 724

Commerce Act (49 U.S.C. 304(a)(3a))’’ on authority of

Pub. L. 97–449, §6(b), Jan. 12, 1983, 96 Stat. 2443, the first

section of which enacted subtitle I (§101 et seq.) and

chapter 31 (§3101 et seq.) of subtitle II of Title 49,

Transportation.

AMENDMENTS

1995—Subsec. (b)(2)(C). Pub. L. 104–88 substituted

‘‘part B of subtitle IV of title 49’’ for ‘‘part II of the

Interstate Commerce Act, or any successor provision of

subtitle IV of title 49’’.

Subsec. (b)(3). Pub. L. 104–49 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The

level of the insurance required by paragraph (1)(C) shall

be at least the amount currently required for common

carriers of passengers under part II of the Interstate

Commerce Act, and any successor provision of subtitle

IV of title 49, and regulations prescribed thereunder.’’

EFFECTIVE DATE OF 1995 AMENDMENTS

Amendment by Pub. L. 104–88 effective Jan. 1, 1996,

see section 2 of Pub. L. 104–88, set out as an Effective

Date note under section 701 of Title 49, Transportation.

Section 5(c) of Pub. L. 104–49 provided that: ‘‘The

amendment made by subsection (a) [amending this section] takes effect upon the expiration of 180 days after

the date of enactment of this Act [Nov. 15, 1995] or upon

the issuance of final regulations under subsection (b)

[set out below], whichever occurs first.’’

REGULATIONS

Section 5(b) of Pub. L. 104–49 provided that: ‘‘Within

180 days of the date of the enactment of this Act [Nov.

15, 1995], the Secretary of Labor shall promulgate regulations establishing insurance levels under section

401(b)(3) of the Migrant and Seasonal Agricultural

Worker Protection Act (29 U.S.C. 1841(b)(3)) as amended

by subsection (a).’’ [Final regulations implementing

Pub. L. 104–49 were signed May 13, 1996, published May

16, 1996, 61 F.R. 24858, and effective the same day.]

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1812, 1854 of this

title.

§ 1842. Confirmation of registration

No person shall utilize the services of any

farm labor contractor to supply any migrant or

seasonal agricultural worker unless the person

first takes reasonable steps to determine that

the farm labor contractor possesses a certificate

of registration which is valid and which authorizes the activity for which the contractor is utilized. In making that determination, the person

may rely upon either possession of a certificate

of registration, or confirmation of such registration by the Department of Labor. The Secretary

shall maintain a central public registry of all

persons issued a certificate of registration.

(Pub. L. 97–470, title IV, §402, Jan. 14, 1983, 96

Stat. 2595.)

§ 1843. Information on employment conditions

Each farm labor contractor, without regard to

any other provisions of this chapter, shall obtain at each place of employment and make

available for inspection to every worker he furnishes for employment, a written statement of

the conditions of such employment as described

in sections 1821(b) and 1831(b) of this title.

(Pub. L. 97–470, title IV, §403, Jan. 14, 1983, 96

Stat. 2595.)

§ 1844. Compliance with written agreements

(a) Applicability to contracting activity or worker protection

No farm labor contractor shall violate, without justification, the terms of any written

agreements made with an agricultural employer

or an agricultural association pertaining to any

contracting activity or worker protection under

this chapter.

(b) Statutory liability

Written agreements under this section do not

relieve a person of any responsibility that such

person would otherwise have under this chapter.

(Pub. L. 97–470, title IV, §404, Jan. 14, 1983, 96

Stat. 2596.)

SUBCHAPTER V—GENERAL PROVISIONS

PART A—ENFORCEMENT PROVISIONS

§ 1851. Criminal sanctions

(a) Violations of chapter or regulations

Any person who willfully and knowingly violates this chapter or any regulation under this

chapter shall be fined not more than $1,000 or

sentenced to prison for a term not to exceed one

year, or both. Upon conviction for any subsequent violation of this chapter or any regulation

under this chapter, the defendant shall be fined

not more than $10,000 or sentenced to prison for

a term not to exceed three years, or both.

(b) Violations of section 1324a(a) of title 8

If a farm labor contractor who commits a violation of paragraph (1) or (2) of section 1324a(a)

of title 8 has been refused issuance or renewal

of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose

certificate has been suspended or revoked, the

contractor shall, upon conviction, be fined not

more than $10,000 or sentenced to prison for a

term not to exceed three years, or both.

(Pub. L. 97–470, title V, §501, Jan. 14, 1983, 96

Stat. 2596; Pub. L. 99–603, title I, §101(b)(1)(D),

Nov. 6, 1986, 100 Stat. 3372.)

AMENDMENTS

1986—Subsec. (b). Pub. L. 99–603 substituted ‘‘paragraph (1) or (2) of section 1324a(a) of title 8’’ for ‘‘section 1816 of this title’’.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99–603 applicable to employment, recruitment, referral, or utilization of services of

an individual occurring on or after first day of seventh

month beginning after Nov. 6, 1986, see section 101(b)(2)

of Pub. L. 99–603, as amended, set out as a note under

section 1802 of this title.

§ 1852. Judicial enforcement

(a) Injunctive relief

The Secretary may petition any appropriate

district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this chapter, or any regulation under this chapter, has been violated.

(b) Control of civil litigation

Except as provided in section 518(a) of title 28,

relating to litigation before the Supreme Court,