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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1173 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1173

To amend the Migrant and Seasonal Agricultural Worker Protection Act to 
  make such Act applicable to all agricultural workers, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1993

   Mr. Miller of California (for himself, Mr. Ford of Michigan, Mr. 
   Berman, and Mr. Coleman) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend the Migrant and Seasonal Agricultural Worker Protection Act to 
  make such Act applicable to all agricultural workers, 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 AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Agricultural 
Worker Protection Reform Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Migrant and Seasonal Agricultural Worker 
Protection Act.

SEC. 2. DEFINITIONS.

    Section 3 (29 U.S.C. 1802) is amended--
            (1) in paragraph (1), by striking out ``or transports any 
        migrant or seasonal agricultural worker'' and inserting in lieu 
        thereof ``transports or houses any agricultural worker, or 
        uses, retains, or benefits from the services of a farm labor 
        contractor''.
            (2) in paragraph (2), by striking out ``or transports any 
        migrant or seasonal agricultural worker'' and inserting in lieu 
        thereof ``transports or houses any agricultural worker, or 
        uses, retains, or benefits from the services of a farm labor 
        contractor'',
            (3) by striking out paragraphs (4), (8), and (10), by 
        redesignating paragraphs (9), (11), and (12) as paragraphs (8) 
        through (10), respectively, and by inserting after paragraph 
        (3) the following:
            ``(4) The term `agricultural worker' means an individual 
        who is engaged in agricultural employment. The term does not 
        include any immediate family member of an agricultural employer 
        or a farm labor contractor while that person is employed by 
        that specific agricultural employer or farm labor 
        contractor.'',
            (4) by adding at the end of paragraph (5) the following: 
        ``An agricultural worker shall not be deemed to be self-
        employed and a farm labor contractor shall not be deemed to be 
        the sole employer of an agricultural worker. Any person who 
        owns or operates a farm, ranch, processing establishment, 
        cannery, gin, packing shed, or nursery or who produces or 
        conditions seed and who uses, retains, or benefits from, the 
        services of a farm labor contractor with respect to the 
        employment of an agricultural worker shall be deemed the 
        employer of such worker for purposes of this Act.'',
            (5) in paragraph (6), by striking out ``or transporting'' 
        and inserting in lieu thereof ``transporting, housing, or 
        causing to be transported or housed''.

SEC. 3. APPLICABILITY OF ACT.

    Section 4(a) (29 U.S.C. 1803(a)) is amended--
            (1) by striking out paragraphs (1) and (2),
            (2) by striking out paragraph (3) and inserting in lieu 
        thereof the following:
            ``(1) Common carrier.--Any common carrier which would be a 
        farm labor contractor solely because the carrier is engaged in 
        the farm labor contracting activity of transporting any 
        agricultural worker and any employee of such carrier when 
        performing farm labor contracting activities exclusively for 
        such carrier.
            ``(2) Labor organization.--Any labor organization, as 
        defined in section 2(5) of the National Labor Relations Act (29 
        U.S.C. 152(5) but without regard to the exclusion of 
        agricultural employees in such Act or as defined under 
        applicable State labor relations law.
            ``(3) Nonprofit organization or institution.--Any nonprofit 
        charitable or public or private nonprofit educational 
        institution.
            ``(4) Employees of exempt persons.--Any employee of a 
        person described in paragraph (1), (2), or (3) when performing 
        farm labor contracting activities exclusively for such 
        person.''.

SEC. 4. ISSUANCE OF CERTIFICATE OF REGISTRATION.

    Section 102 (29 U.S.C. 1812) is amended by striking out ``and'' at 
the end of paragraph (4), by striking out the period at the end of 
paragraph (5) and inserting in lieu thereof ``; and'', and by adding 
after paragraph (5) the following:
            ``(6) proof that the applicant has, for the past 4 years, 
        fully discharged any obligation to pay the taxes imposed under 
        sections 1401(a), 3101(a), and 3111(a) and chapter 23 of the 
        Internal Revenue Code of 1986,
            ``(7) a declaration that affirms that the applicant will 
        pay the taxes and file the forms required by sections 1401(a), 
        3101(a), and 3111(a) and chapter 23 of the Internal Revenue 
        Code of 1986 within the time period required by law, and
            ``(8) a listing of all litigation, prosecution, enforcement 
        actions, or other administrative complaints completed or 
        pending in which the applicant is participating (or has 
        participated) as a party or is (or was) the real party in 
        interest and a statement as to the disposition of each such 
        action together with proof that all civil money penalties, 
        civil money judgments, and injunctions have been paid and fully 
        complied with.
If an applicant fails to provide the information described in 
paragraphs (6) through (8) or provides false or misleading information 
under such paragraphs, the Secretary shall revoke any certificate of 
registration issued to such applicant.''.

SEC. 5. BONDING OF FARM LABOR CONTRACTORS.

    (a) Amendment.--Title I is amended by adding at the end the 
following:

                  ``bonding of farm labor contractors

    ``Sec. 106. (a) In General.--Each farm labor contractor applying 
for a certificate of registration under section 102 shall, as a 
condition to the granting of the certificate, execute and file with the 
Secretary a good and sufficient bond to secure the faithful performance 
of--
            ``(1) the obligations of such contractor as a farm labor 
        contractor under this Act and the regulations in effect under 
        this Act, and
            ``(2) such additional obligations as a farm labor 
        contractor as may be assumed by such contractor under 
        agreements with agricultural workers, agricultural employers, 
        and agriculture associations.
Such bond shall be in such form and amount (but not less than $50,000), 
shall have such surety or sureties, shall be subject to the service of 
process in suits on the bond within the State or judicial district in 
which the farm labor contractor does business or resides, and shall 
contain such terms and conditions as the Secretary may prescribe to 
carry out this Act. The aggregate liability of the surety upon such 
bond for all claims which may arise under the bond shall not exceed the 
face amount of the bond.
    ``(b) Amount.--The amount of the bond required by subsection (a) 
may be raised or additional security may be required by the Secretary 
upon the Secretary's own motion or upon petition to the Secretary by 
any person when it is shown that the security or the bond is 
insufficient to satisfy the farm labor contractor's potential liability 
for the registration period.
    ``(c) Surety insurer.--No surety insurer may provide any bond, 
undertaking, recognizance, or other obligation under subsection (a) for 
the purpose of securing or guaranteeing any act, duty, or obligation or 
the refraining from any act with respect to the services of a farm 
labor contractor unless the farm labor contractor has made application 
for, or has a valid certificate of, registration issued under section 
102 at the time of the issuance of the bond, undertaking, recognizance, 
or other obligation.
    ``(d) Cancellation or termination.--A surety bond under subsection 
(a) may not be canceled or terminated during the period in which the 
bond is executed unless 30 day's notice is provided by the surety to 
the Secretary.
    ``(e) Deposits.--In lieu of the surety bond required by subsection 
(a), the farm labor contractor may file with the Secretary a deposit 
consisting of cash or other security acceptable to the Secretary, 
except that a deposit shall not be less than $50,000 in value. The 
security deposited with the Secretary in lieu of a surety bond shall be 
returned to the farm labor contractor at the expiration of 4 years 
after the farm labor contractor's certificate of registration has 
expired or has been revoked if no legal action has been instituted 
against the farm labor contractor or on the security deposit at the 
expiration of such 4 years.
    ``(f) Claims.--
            ``(1) In general.--Any person having a claim under this Act 
        may bring a civil action upon the surety bond or security 
        deposit filed by the farm labor contractor pursuant to this 
        section in any court of competent jurisdiction. The right of 
        action is assignable in the name of the Secretary or any other 
        person.
            ``(2) Claims against contractor.--Without regard to the 
        remedies provided in this Act, a person having a claim against 
        a farm labor contractor for any violation of this Act may bring 
        a civil action in any court of competent jurisdiction against 
        such contractor and the surety bond or security deposit filed 
        by such contractor under this section.
    ``(g) Filing of Actions.--A civil action on a surety bond shall be 
commenced by serving and filing the summons and complaint--
            ``(1) within 4 years from the date of the expiration or the 
        cancellation of the bond, or
            ``(2) the expiration or the revocation of the certificate 
        of registration of the farm labor contractor against which such 
        action is brought,
whichever is sooner. A civil action on a security deposit shall be 
commenced within 4 years of the date of the expiration or revocation of 
the certificate of registration of the farm labor contractor against 
which such action is brought.
    ``(h) Procedure.--A copy of the summons and complaint in any civil 
action filed under subsection (g) shall be served upon the Secretary at 
the time of the commencement of such action. The Secretary shall 
maintain a record, available for public inspection, of all civil 
actions commenced under subsection (g). Service of the summons and 
complaint shall constitute service on the farm labor contractor against 
whom the action is brought and the surety for the action upon the 
surety bond of such contractor. The Secretary shall transmit the 
complaint, or a copy of the complaint, to--
            ``(1) such contractor at the address listed on the 
        contractor's application for a certificate of registration 
        under section 102, and
            ``(2) the surety bond,
within 48 hours after it has been received.
    ``(i) Tender.--In the case of a civil action brought under 
subsection (g), a surety insurer in the case of a surety bond may, upon 
notice to the Secretary and the parties to such action tender to the 
clerk of the court in which such action is brought an amount equal to 
the claim or the amount of the bond less the amount of judgments (if 
any) previously satisfied from the bond and to the extent the tender of 
such surety shall exonerate the farm labor contractor for whom such 
surety was tendered.
    ``(j) Satisfaction of Claims.--If the claim or claims in a civil 
action or civil actions under subsection (g) pending at any one time 
exceed the amount of the surety bond of the farm labor contractor 
against whom the action or actions were brought, such claim or claims 
shall be satisfied from such bond in the following order:
            ``(1) Wages, including employee benefits.
            ``(2) Other damages, including statutory damages, owed to 
        the employee.
            ``(3) Any costs and attorneys' fees the claimant may be 
        entitled to recover.
    ``(k) Bond Impairment.--If any final judgment in a civil action 
brought under subsection (g) impairs the surety bond furnished by the 
farm labor contractor against whom the action was brought so that there 
is not in effect, a surety bond undertaking in the full amount 
prescribed by the Secretary, the Secretary shall suspend the 
certificate of registration of such contractor until the bond liability 
in the required amount unimpaired by unsatisfied judgment claims has 
been furnished by such contractor, if such bond becomes fully impaired, 
such contractor shall furnish a new surety bond.
    ``(l) Security Deposits.--A claimant against a security deposit 
filed by a farm labor contractor shall be entitled to damages. If such 
contractor has filed other security with the Secretary in lieu of a 
surety bond, any person having an unsatisfied final judgment against 
such contractor for any violation of this Act may execute upon the 
security deposit held by the Secretary by serving a certified copy of 
the unsatisfied final judgment by registered or certified mail upon the 
Secretary. Upon receipt of service of such certified copy, the 
Secretary shall pay or order paid from the security deposit, through 
the registry of the court which rendered judgment, towards the amount 
of the unsatisfied judgment. The priority of payment by the Secretary 
shall be the order of receipt by the Secretary, but the Secretary shall 
have no liability for payment in excess of the amount of the 
deposit.''.
    (b) Conforming Amendment.--The title to section 102 (29 U.S.C. 
1812) is amended by adding at the end the following: ``and bonding of 
farm labor contractors''.

SEC. 6. REGISTRATION DETERMINATIONS.

    Section 103(a) (29 U.S.C. 1813(a)) is amended--
            (1) by striking out ``may refuse to issue or renew, or may 
        suspend or revoke'' and inserting in lieu thereof ``shall 
        refuse to issue or renew, or shall suspend or revoke'',
            (2) in paragraph (5), by striking out ``within the 
        preceding five years'' before subparagraph (A),
            (3) in paragraph (5)(A), by inserting ``assault,'' after 
        ``gambling,'', by inserting ``narcotics,'' before 
        ``alcoholic'', and by inserting ``, or weapons'' after 
        ``beverages'', and
            (4) in paragraph (5)(B), by striking out ``felony'' and 
        inserting in lieu thereof ``crime''.

SEC. 7. SUSPENSION AND REVOCATION OF REGISTRATION.

    (a) In General.--Section 103 (29 U.S.C. 1813) is amended by 
redesignating subsections (b) and (c) as subsections (c) and (d), 
respectively, and by adding after subsection (a) the following:
    ``(b) The Secretary may suspend or revoke a certificate of 
registration of a farm labor contractor or employee of a farm labor 
contractor who is engaged in farm labor contracting activities if the 
holder--
            ``(1) has violated this Act or any regulation under this 
        Act or has violated the Fair Labor Standards Act of 1938 or any 
        regulation under such Act, or
            ``(2) has charged unreasonable or exorbitant charges for 
        goods provided or services rendered.''.
    (b) Hearing.--Section 103(c) (29 U.S.C. 1813(c)) (as so 
redesignated) is amended--
            (1) in paragraph (1), by striking out ``thirty days'' and 
        inserting in lieu thereof ``5 days'',
            (2) in paragraph (1), by adding the following after the 
        first sentence: ``The administrative law judge shall render a 
        final decision within 10 days of the hearing.'',
            (3) in paragraph (1), by adding at the end the following: 
        ``The Secretary, when the Secretary deems it necessary to 
        protect the public health, may suspend a certificate of 
        registration temporarily without a hearing.'', and
            (4) in paragraph (2), by adding after the first sentence 
        the following: ``The administrative law judge shall render a 
        final decision within 10 days of the hearing.''.

SEC. 8. INFORMATION AND RECORDKEEPING.

    (a) Cause to be Recruited.--Section 201(a) (29 U.S.C. 1821(a)) is 
amended by inserting after ``which recruits'' the following: ``, either 
directly or through an agent,''.
    (b) Place of Employment.--Section 201(a)(1) (29 U.S.C. 1821(a)(1)) 
is amended by inserting before the semicolon the following: ``(with as 
much specificity as practical), including the name and address of each 
employer at such place of employment''.
    (c) Bonus.--Section 201(a)(2) (29 U.S.C. 1821(a)(2)) is amended by 
inserting after ``wage rates to be paid'' the following: ``, including 
the amount of any bonus and conditions for its receipt, a definite 
minimum hourly rate, and, if applicable, a definite minimum piece 
rate''.
    (d) Workers' Compensation Coverage.--Section 201(a) (29 U.S.C. 
1821(a)) is amended by striking out ``and'' at the end of paragraph 
(6), by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof a semicolon, and by adding at the end the 
following:
            ``(8) whether or not workers' compensation is provided 
        and--
                    ``(A) the terms and conditions of the workers' 
                compensation coverage,
                    ``(B) the name of the workers' compensation 
                carrier, and
                    ``(C) the name of each insured employer;
            ``(9) whether or not unemployment insurance is provided and 
        the identity of the employer paying the taxes and reporting the 
        earnings;
            ``(10) the name and address of the bond issuer, if 
        applicable; and
            ``(11) the name of the person providing the information in 
        paragraphs (1) through (10).''.
    (e) Recordkeeping.--Section 201(d) (29 U.S.C. 1821(d)) is amended--
            (1) by striking out ``and'' at the end of subparagraph (E) 
        of paragraph (1) and by adding at the end of paragraph (1) the 
        following:
                    ``(G) the day of the week on which the pay period 
                begins;'', and
            (2) by striking out the period at end of paragraph (2) 
        inserting in lieu thereof ``; and'' and by adding after such 
        paragraph (2) the following:
            ``(3) with respect to each such worker keep and preserve 
        for 4 years a copy of each dated and signed disclosure 
        statement required by subsection (g).''.
    (f) Records.--The last sentence of section 201(e) (29 U.S.C. 
1821(e)) is amended to read as follows: ``Any farm labor contractor, 
agricultural employer, or agricultural association which uses the 
services of a farm labor contractor to supply any agricultural worker 
shall obtain, maintain, and keep such records for 4 years from the end 
of the period of employment.''.
    (g) Form and Language Requirements.--
            (1) In general.--Section 201(g) (29 U.S.C. 1821(g)) is 
        amended by inserting after the first sentence the following: 
        ``Such disclosure statement shall be dated and signed by the 
        agricultural worker and the person providing the information. 
        Each agricultural worker shall be given a copy of the 
        disclosure statement.''.
            (2) Haitian Creole.--The second sentence of section 201(g) 
        (29 U.S.C. 1821(g)) is amended by inserting ``, Haitian Creole, 
        Mixtec, Hmong,'' after ``Spanish'' and the third sentence of 
        such section is amended by inserting ``Haitian Creole, Mixtec, 
        Hmong,'' after ``Spanish,''.

SEC. 9. WAGES, SUPPLIES, AND OTHER WORKING ARRANGEMENTS.

    Section 202 (29 U.S.C. 1822) is amended by adding at the end the 
following:
    ``(d) Each farm labor contractor, agricultural employer, or 
agricultural association which recruits any agricultural worker shall, 
in disclosing the period of employment offered to each agricultural 
worker, clearly state the days, weeks, and months in which employment 
will occur. Unless otherwise specifically stated, a work day shall be 
assumed to constitute a minimum of 8 hours of work per day, a work week 
shall be assumed to constitute of 40 hours over a 7 consecutive day 
period, and a month shall be assumed to consist of at least 4 weeks.
    ``(e) The period of employment disclosed in the disclosure 
statement required by section 201(a) may not be made conditional upon 
any contingency such as weather or market conditions. In addition, 
failure to comply with the working arrangements because of any such 
contingency is justified within the meaning of subsection (c) only if 
it was directly attributable to acts of God which are due to conditions 
beyond the control of the farm labor contractor, agricultural employer, 
or agricultural association involved and which are due to conditions 
which such person could not reasonably foresee. Nothing in the 
disclosure statement may be construed to eliminate the requirement 
under subsection (c) that there be adequate justification to terminate 
or otherwise violate the terms of the working arrangement made with an 
agricultural worker.
    ``(f) Disclosure of terms and conditions of employment in the 
written disclosure statement required under section 201(a) shall not 
excuse any other oral or written misrepresentation made to an 
agricultural worker by a farm labor contractor, agricultural employer, 
or agricultural association.
    ``(g) Each farm labor contractor, agricultural employer, or 
agricultural association which employs any agricultural worker shall 
comply with all local, State, and Federal laws and regulations designed 
to protect the health and safety of agricultural workers, including 
pesticide laws and regulations.''.

SEC. 10. HOUSING.

    (a) Standards.--Section 203(a) (29 U.S.C. 1823(a)) is amended by 
adding at the end the following: ``For purposes of this subsection, the 
term `substantive Federal and State safety and health standards' means 
standards which are designed to protect the health or well being of the 
occupants of housing.''.
    (b) Time.--The fourth sentence of section 203(b) (29 U.S.C. 
1823(b)) is amended by striking out ``three years'' and inserting in 
lieu thereof ``4 years''.
    (c) Extent of Protection.--Section 203 (29 U.S.C. 1823) is amended 
by adding at the end the following:
    ``(d) The protections of this section shall extend both to 
agricultural workers covered under this section and to family members 
who accompany such workers.''.

SEC. 11. MOTOR VEHICLE SAFETY.

    (a) Application.--Section 401(a) (29 U.S.C. 1841(a)) is amended--
            (1) by striking out ``Except as provided in paragraph (2), 
        this'' and inserting in lieu thereof ``This'', and
            (2) by amending paragraph (2) to read as follows:
    ``(2) The protections of this section shall extend both to 
agricultural workers covered under this section and to family members 
who accompany such workers.''.
    (b) Requirements.--Section 401(b)(1) (29 U.S.C. 1841(b)(1)) is 
amended by striking out ``and'' at the end of subparagraph (B), by 
striking out the period at the end of subparagraph (C) and inserting in 
lieu thereof a comma, and by adding at the end the following:
            ``(D) ensure that no such vehicle is operated by a person 
        under the influence of alcohol or a controlled substance, and
            ``(E) ensure that no such vehicle is operated when any 
        safety equipment or device is missing, has been removed or 
        disabled, or is inoperable.''.
    (c) Regulations.--Section 401(b)(2)(A) (29 U.S.C. 1841(b)(2)(A)) is 
amended by adding at the end the following: ``Regulations prescribed 
under this subparagraph shall be no less protective of the health and 
safety of agricultural workers than the regulations of the Secretary of 
Transportation published as part 398 of title 49 of the Code of Federal 
Regulations, as in effect on the date of the enactment of the 
Agricultural Worker Protection Reform Act of 1993, irrespective of 
whether transportation is, at any particular point in time, subject to 
such regulations.''.
    (d) Definition.--Section 401(b) (29 U.S.C. 1841(b)) is amended by 
adding at the end the following:
    ``(4) For purposes of paragraph (1), the term `causing to be' means 
requesting, directing, providing, or arranging for or benefiting from 
the use of. Such term also includes hiring, recruiting, or employing 
agricultural workers where such transportation is customary or an 
essential part of the working arrangement. Such term does not include 
carpooling arrangements.''.

SEC. 12. CONFIRMATION OF REGISTRATION.

    Section 402 is repealed (29 U.S.C. 1842) and sections 403 and 404 
are redesignated as sections 402 and 403, respectively.

SEC. 13. OBLIGATIONS OF USERS OF FARM LABOR CONTRACTORS.

    Title IV is amended by adding at the end the following:

            ``obligations of users of farm labor contractors

    ``Sec. 404. (a) In General.--No person shall use the services of 
any farm labor contractor to supply any agricultural worker unless the 
person first takes reasonable steps to determine that the farm labor 
contractor possesses a certificate of registration under section 102 
which is valid and which authorizes the activity for which the 
contractor is used. 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 under section 102.
    ``(b) Compliance.--Each agricultural employer or agricultural 
association which uses, retains, or benefits from the services of a 
farm labor contractor shall ensure that such contractor complies with 
all obligations imposed by this Act and any State or Federal child 
labor laws or regulations.
    ``(c) Liability.--Where an agricultural employer or agricultural 
association uses, retains, or benefits from the services of a farm 
labor contractor with respect to the employment of an agricultural 
worker, the agricultural employer or agricultural association shall be 
deemed strictly liable for any violation of this Act suffered by such 
worker or an immediate family member of such worker in relation to any 
farm labor contracting activity connected with that employment.''.

SEC. 14. ADMINISTRATIVE SANCTIONS.

    Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by striking out 
``$1,000'' and inserting in lieu thereof ``$7,000'' and by adding at 
the end the following: ``In the case of violations of provisions of 
201, 203, and 401, a person shall be deemed to have committed a 
separate violation of such a provision with respect to each 
agricultural worker subjected to the unlawful practice. The Secretary 
shall insure that the primary focus of administrative enforcement of 
this Act is the fixed situs employer.''.

SEC. 15. PRIVATE RIGHT OF ACTION.

    (a) Action on a Bond.--Section 504(a) (29 U.S.C. 1854(a)) is 
amended by inserting ``(1)'' after ``(a)'' and by adding at the end the 
following:
    ``(2) Any person who is injured because of the breach of an 
obligation for which a bond has been secured under this Act or 
regulations under this Act may bring an action on the bond in the name 
of such person in any court of competent jurisdiction to recover the 
damages sustained by such breach.''.
    (b) Costs.--Section 504(b) (29 U.S.C. 1854(b)) is amended by adding 
at the end the following: ``The court shall pay the costs of such 
actions from its administrative budget and may apply to the Secretary 
for reimbursement. Upon application, the Secretary shall pay such 
costs.''.
    (c) Award of Damages.--Section 504(c) (29 U.S.C. 1854(c)) is 
amended--
            (1) in paragraph (1), by striking out ``up to $500'' and 
        inserting in lieu thereof ``not less than $200 and up to $2,000 
        (or the enhanced damages prescribed by paragraphs (4) and 
        (5))'',
            (2) in paragraph (1), by striking out ``(A)'' and ``; and 
        (B)'' and all that follows up to the period,
            (3) by adding at the end of paragraph (2) the following: 
        ``In awarding actual damages for physical injury or death 
        resulting from a violation of this Act, the court may consider 
        any workers' compensation benefits received for such injury or 
        death up to the amount of the workers' compensation award.'', 
        and
            (4) by adding after paragraph (3) the following:
    ``(4) The amount of statutory damages to be awarded under paragraph 
(1) may be up to $25,000 but not less than $1,000 for--
            ``(A) violations of subsection (a) or (b) of section 101,
            ``(B) violations of section 402, and
            ``(C) regular or repeated violations of this Act or any 
        regulation issued under this Act.
    ``(5) The amount of statutory damages to be awarded under paragraph 
(1) may be up to $250,000 per plaintiff per violation for--
            ``(A) violations of section 203,
            ``(B) violations of section 401, and
            ``(C) violations resulting in physical injuries or death.
    ``(6) If an agricultural worker has been injured as a result of a 
violation of this Act and if the employer of such worker did not 
provide coverage under workers' compensation for such employee, the 
worker shall be awarded $1,000 in liquidated damages in addition to any 
other damages available under this Act.
    ``(7) In any action brought under subsection (a), the court shall 
allow an agricultural worker who is the prevailing party in such action 
a reasonable attorney's fee and fees for expert witnesses as part of 
the costs of such action.
    ``(8) The statute of limitations applicable to any action brought 
under subsection (a) is 4 years from the date the cause of action 
accrued. For purposes of this paragraph and paragraph (9), a cause of 
action accrues when the last element constituting the cause of action 
occurs. The statute of limitations established by this paragraph or 
paragraph (9) shall be tolled in any case in which the agricultural 
employer, farm labor contractor, or agricultural association against 
which relief is sought fails to comply with the posting requirements in 
subsections (b) and (c) of section 201 and section 403.
    ``(9) Any action taken by the Secretary under sections 501 or 502 
of this Act shall be barred if not commenced within 10 years after the 
cause of action accrued.''.
    (d) Workers' Compensation.--Subsection (d) of section 504 (29 
U.S.C. 1854) is repealed. Any action which was barred or stayed as the 
result of the enactment of such subsection is revived and shall be 
treated as if the applicable statute of limitations was equitably 
tolled while such subsection was in effect.
    (e) Arising of Causes of Actions.--Section 504 (29 U.S.C. 1854) is 
amended by adding after subsection (c) the following:
    ``(d) In any action to enforce the requirements of section 201(a), 
the cause of action shall be deemed to arise in each place or places 
where a disclosure statement actually was provided or should have been 
provided to the agricultural worker. In an action to enforce the 
requirements of section 201(f), the cause of action shall be deemed to 
arise in each place or places where the false and misleading 
information was provided to the agricultural worker and where the 
resulting injury occurred. In an action to enforce section 202(c), the 
cause of action shall be deemed to arise in each place or places where 
the working arrangement was entered into and where the breach of the 
working arrangement occurred.''.

SEC. 16. DISCRIMINATION.

    Section 505(a) (29 U.S.C. 1855(a)) is amended by striking out 
``because such worker has'' and inserting in lieu thereof ``because 
such worker or a member of the family of such worker has discussed or 
consulted with anyone, including representatives of a religious, 
medical, humanitarian, social services, or legal assistance 
organization concerning the worker's rights under this Act, or has''.

SEC. 17. COMPLAINTS BY AGRICULTURAL WORKERS.

    Part A of title V is amended by adding at the end the following:

                              ``complaints

    ``Sec. 507. (a) In General.--An agricultural worker or a 
representative of an agricultural worker may file a complaint with the 
Secretary alleging a violation of this Act. If an agricultural worker 
is killed as a result of a work-related injury or illness which 
allegedly resulted from a violation of this Act, a member of the family 
of such worker may file such a complaint. Upon receipt of such a 
complaint, the Secretary shall promptly cause such investigation to be 
made as the Secretary deems appropriate.
    ``(b) Complainant Rights.--On request, a complainant under a 
complaint filed under subsection (a) shall be afforded the right to--
            ``(1) meet with the Secretary or the Secretary's authorized 
        representative respecting any investigation conducted under 
        section 512(a) before the decision of the Secretary to take an 
        enforcement action or to take no action;
            ``(2) receive at no cost a copy of the report of the 
        investigation of the complaint and, at the time of issuance, a 
        copy of any notice of assessment of a civil money penalty 
        resulting from such investigation; and
            ``(3) be informed of any request for a hearing made under 
        section 503(b)(1) and participate as a party in any hearing or 
        other proceeding contesting a civil money penalty assessment 
        under section 503(a)(1) resulting from the investigation of 
        such complaint.
    ``(c) Withdrawal or Modification of Civil Money Payment.--
            ``(1) Notice.--If the Secretary intends to withdraw or 
        modify a civil money penalty assessment for the violation 
        alleged in a complaint filed under subsection (a) as a result 
        of any agreement with the person assessed such penalty which 
        resulted, in whole or in part, from an investigation of such a 
        complaint, the Secretary shall provide prompt notice to the 
        complainant which shall include the terms of the proposed 
        agreement.
            ``(2) Response notice.--Not later than 15 working days 
        after the receipt of the notice required by paragraph (1), the 
        complainant or the representative of such complainant shall 
        have the right to file a notice with the Secretary stating that 
        the proposed agreement with respect to which the notice was 
        provided fails to effectuate the purposes of this Act. Such 
        notice shall state the respects in which the agreement fails to 
        effectuate such purposes.
            ``(3) Secretarial response.--Upon receipt of a notice under 
        paragraph (2), the Secretary shall consider the matter and if 
        the Secretary determines to carry out the proposed agreement 
        with respect to which such notice was given, the Secretary 
        shall respond with particularity to the statements presented in 
        such notice.
            ``(4) Right to hearing.--Not later than 15 working days 
        after the response of the Secretary under paragraph (3), the 
        complainant or representative of the complainant shall have the 
        right to an agency hearing as to whether the adoption of the 
        proposed agreement would effectuate the purposes of this Act.
            ``(5) Administrative law judge determination.--If, as a 
        result of a hearing under paragraph (4), the administrative law 
        judge determines that a proposed agreement fails to effectuate 
        the purposes of this Act, the Secretary shall not enter into 
        the proposed agreement and shall not withdraw or modify the 
        civil money penalty assessment in accordance with the 
        agreement.
    ``(d) Remedies.--In addition to all other remedies that might be 
available to a complainant under Federal or State law, for a violation 
of this section a complainant shall be entitled to--
            ``(1) declaratory relief,
            ``(2) injunctive relief,
            ``(3) any costs incurred by the complainant in securing the 
        documents referred to in subsection (b)(2), and
            ``(4) reasonable attorney's fees and costs.
    ``(e) Information.--The Secretary shall take reasonable steps to 
inform complainants of their rights under this section.''.

SEC. 18. NEW PROTECTIONS.

    Title IV is amended by adding at the end the following:

                        ``additional protections

    ``Sec. 405. (a) Child Care.--Each agricultural employer who employs 
at least 25 agricultural workers shall provide for such workers child 
care.
    ``(b) Sanitation.--Each agricultural employer shall provide its 
agricultural employees field sanitation, including drinking water, 
water for handwashing, and such other components as may be required by 
regulations under the Occupational Safety and Health Act of 1970.
    ``(c) Heat Stress.--Each agricultural employer shall provide for 
its agricultural employees protection against heat stress.

SEC. 19. GENERAL AMENDMENTS.

    (a) Titles.--Section 1 is amended by striking out ``Migrant and 
Seasonal'', the heading for title II is amended by striking out 
``MIGRANT'', the title for title IV is amended by striking out 
``MIGRANT AND SEASONAL'', and title III is repealed.
    (b) Redesignations.--Titles IV and V are redesignated as titles III 
and IV, respectively, and sections 401 through 405 are redesignated as 
sections 301 through 305, respectively, sections 501 through 507, 
sections 511 through 513, and sections 521 through 524 are redesignated 
as sections 401 through 407, 411 through 413, and 421 through 424, 
respectively.
    (c) Migrant and Seasonal.--The Act is amended by--
            (1) striking out ``migrant and seasonal'' and ``migrant or 
        seasonal'' each place it appears, and
            (2) by striking out ``migrant agricultural'' and ``seasonal 
        agricultural'' each place it appears and inserting in lieu 
        thereof ``agricultural''.
    (d) Table of Contents.--The table of contents is amended--
            (1) by striking out ``Migrant'' in the heading for title 
        II,
            (2) by striking out references to title III,
            (3) by striking out ``Migrant and Seasonal'' in the heading 
        for title IV,
            (4) by redesignating title IV as title III and by 
        redesignating sections 401 through 404 as sections 301 through 
        304, respectively, and
            (5) by redesignating title V as title IV and by 
        redesignating sections 501 through 507, 511 through 513, and 
        521 through 524 as sections 401 through 407, 411 through 413, 
        and 421 through 424, respectively.

                                 <all>

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