I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Agricultural Worker Protection Reform Act of 1993’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment

8 to, or repeal of, a section or other provision, the reference

9 shall be considered to be made to a section or other provi-
2

•HR 1173 IH

1 sion of the Migrant and Seasonal Agricultural Worker

2 Protection Act.

3 SEC. 2. DEFINITIONS.

4 Section 3 (29 U.S.C. 1802) is amended—

5 (1) in paragraph (1), by striking out ‘‘or trans6 ports any migrant or seasonal agricultural worker’’

7 and inserting in lieu thereof ‘‘transports or houses

8 any agricultural worker, or uses, retains, or benefits

9 from the services of a farm labor contractor’’.

10 (2) in paragraph (2), by striking out ‘‘or trans11 ports any migrant or seasonal agricultural worker’’

12 and inserting in lieu thereof ‘‘transports or houses

13 any agricultural worker, or uses, retains, or benefits

14 from the services of a farm labor contractor’’,

15 (3) by striking out paragraphs (4), (8), and

16 (10), by redesignating paragraphs (9), (11), and

17 (12) as paragraphs (8) through (10), respectively,

18 and by inserting after paragraph (3) the following:

19 ‘‘(4) The term ‘agricultural worker’ means an

20 individual who is engaged in agricultural employ21 ment. The term does not include any immediate

22 family member of an agricultural employer or a farm

23 labor contractor while that person is employed by

24 that specific agricultural employer or farm labor

25 contractor.’’,
3

•HR 1173 IH

1 (4) by adding at the end of paragraph (5) the

2 following: ‘‘An agricultural worker shall not be

3 deemed to be self-employed and a farm labor con4 tractor shall not be deemed to be the sole employer

5 of an agricultural worker. Any person who owns or

6 operates a farm, ranch, processing establishment,

7 cannery, gin, packing shed, or nursery or who pro8 duces or conditions seed and who uses, retains, or

9 benefits from, the services of a farm labor contractor

10 with respect to the employment of an agricultural

11 worker shall be deemed the employer of such worker

12 for purposes of this Act.’’,

13 (5) in paragraph (6), by striking out ‘‘or trans14 porting’’ and inserting in lieu thereof ‘‘transporting,

15 housing, or causing to be transported or housed’’.

16 SEC. 3. APPLICABILITY OF ACT.

17 Section 4(a) (29 U.S.C. 1803(a)) is amended—

18 (1) by striking out paragraphs (1) and (2),

19 (2) by striking out paragraph (3) and inserting

20 in lieu thereof the following:

21 ‘‘(1) COMMON CARRIER.—Any common carrier

22 which would be a farm labor contractor solely be23 cause the carrier is engaged in the farm labor con24 tracting activity of transporting any agricultural

25 worker and any employee of such carrier when per-
4

•HR 1173 IH

1 forming farm labor contracting activities exclusively

2 for such carrier.

3 ‘‘(2) LABOR ORGANIZATION.—Any labor organi4 zation, as defined in section 2(5) of the National

5 Labor Relations Act (29 U.S.C. 152(5) but without

6 regard to the exclusion of agricultural employees in

7 such Act or as defined under applicable State labor

8 relations law.

9 ‘‘(3) NONPROFIT ORGANIZATION OR INSTITU10 TION.—Any nonprofit charitable or public or private

11 nonprofit educational institution.

12 ‘‘(4) EMPLOYEES OF EXEMPT PERSONS.—Any

13 employee of a person described in paragraph (1),

14 (2), or (3) when performing farm labor contracting

15 activities exclusively for such person.’’.

16 SEC. 4. ISSUANCE OF CERTIFICATE OF REGISTRATION.

17 Section 102 (29 U.S.C. 1812) is amended by striking

18 out ‘‘and’’ at the end of paragraph (4), by striking out

19 the period at the end of paragraph (5) and inserting in

20 lieu thereof ‘‘; and’’, and by adding after paragraph (5)

21 the following:

22 ‘‘(6) proof that the applicant has, for the past

23 4 years, fully discharged any obligation to pay the

24 taxes imposed under sections 1401(a), 3101(a), and
5

•HR 1173 IH

1 3111(a) and chapter 23 of the Internal Revenue

2 Code of 1986,

3 ‘‘(7) a declaration that affirms that the appli4 cant will pay the taxes and file the forms required

5 by sections 1401(a), 3101(a), and 3111(a) and

6 chapter 23 of the Internal Revenue Code of 1986

7 within the time period required by law, and

8 ‘‘(8) a listing of all litigation, prosecution, en9 forcement actions, or other administrative com10 plaints completed or pending in which the applicant

11 is participating (or has participated) as a party or

12 is (or was) the real party in interest and a statement

13 as to the disposition of each such action together

14 with proof that all civil money penalties, civil money

15 judgments, and injunctions have been paid and fully

16 complied with.

17 If an applicant fails to provide the information described

18 in paragraphs (6) through (8) or provides false or mislead19 ing information under such paragraphs, the Secretary

20 shall revoke any certificate of registration issued to such

21 applicant.’’.

22 SEC. 5. BONDING OF FARM LABOR CONTRACTORS.

23 (a) AMENDMENT.—Title I is amended by adding at

24 the end the following:
6

•HR 1173 IH

1 ‘‘BONDING OF FARM LABOR CONTRACTORS

2 ‘‘SEC. 106. (a) IN GENERAL.—Each farm labor con3 tractor applying for a certificate of registration under sec4 tion 102 shall, as a condition to the granting of the certifi5 cate, execute and file with the Secretary a good and suffi6 cient bond to secure the faithful performance of—

7 ‘‘(1) the obligations of such contractor as a

8 farm labor contractor under this Act and the regula9 tions in effect under this Act, and

10 ‘‘(2) such additional obligations as a farm labor

11 contractor as may be assumed by such contractor

12 under agreements with agricultural workers, agricul13 tural employers, and agriculture associations.

14 Such bond shall be in such form and amount (but not less

15 than $50,000), shall have such surety or sureties, shall

16 be subject to the service of process in suits on the bond

17 within the State or judicial district in which the farm labor

18 contractor does business or resides, and shall contain such

19 terms and conditions as the Secretary may prescribe to

20 carry out this Act. The aggregate liability of the surety

21 upon such bond for all claims which may arise under the

22 bond shall not exceed the face amount of the bond.

23 ‘‘(b) AMOUNT.—The amount of the bond required by

24 subsection (a) may be raised or additional security may

25 be required by the Secretary upon the Secretary’s own mo-
7

•HR 1173 IH

1 tion or upon petition to the Secretary by any person when

2 it is shown that the security or the bond is insufficient

3 to satisfy the farm labor contractor’s potential liability for

4 the registration period.

5 ‘‘(c) SURETY INSURER.—No surety insurer may pro6 vide any bond, undertaking, recognizance, or other obliga7 tion under subsection (a) for the purpose of securing or

8 guaranteeing any act, duty, or obligation or the refraining

9 from any act with respect to the services of a farm labor

10 contractor unless the farm labor contractor has made ap11 plication for, or has a valid certificate of, registration is12 sued under section 102 at the time of the issuance of the

13 bond, undertaking, recognizance, or other obligation.

14 ‘‘(d) CANCELLATION OR TERMINATION.—A surety

15 bond under subsection (a) may not be canceled or termi16 nated during the period in which the bond is executed un17 less 30 day’s notice is provided by the surety to the Sec18 retary.

19 ‘‘(e) DEPOSITS.—In lieu of the surety bond required

20 by subsection (a), the farm labor contractor may file with

21 the Secretary a deposit consisting of cash or other security

22 acceptable to the Secretary, except that a deposit shall not

23 be less than $50,000 in value. The security deposited with

24 the Secretary in lieu of a surety bond shall be returned

25 to the farm labor contractor at the expiration of 4 years
8

•HR 1173 IH

1 after the farm labor contractor’s certificate of registration

2 has expired or has been revoked if no legal action has been

3 instituted against the farm labor contractor or on the se4 curity deposit at the expiration of such 4 years.

5 ‘‘(f) CLAIMS.—

6 ‘‘(1) IN GENERAL.—Any person having a claim

7 under this Act may bring a civil action upon the sur8 ety bond or security deposit filed by the farm labor

9 contractor pursuant to this section in any court of

10 competent jurisdiction. The right of action is assign11 able in the name of the Secretary or any other per12 son.

13 ‘‘(2) CLAIMS AGAINST CONTRACTOR.—Without

14 regard to the remedies provided in this Act, a person

15 having a claim against a farm labor contractor for

16 any violation of this Act may bring a civil action in

17 any court of competent jurisdiction against such

18 contractor and the surety bond or security deposit

19 filed by such contractor under this section.

20 ‘‘(g) FILING OF ACTIONS.—A civil action on a surety

21 bond shall be commenced by serving and filing the sum22 mons and complaint—

23 ‘‘(1) within 4 years from the date of the expira24 tion or the cancellation of the bond, or
9

•HR 1173 IH

1 ‘‘(2) the expiration or the revocation of the cer2 tificate of registration of the farm labor contractor

3 against which such action is brought,

4 whichever is sooner. A civil action on a security deposit

5 shall be commenced within 4 years of the date of the expi6 ration or revocation of the certificate of registration of the

7 farm labor contractor against which such action is

8 brought.

9 ‘‘(h) PROCEDURE.—A copy of the summons and com10 plaint in any civil action filed under subsection (g) shall

11 be served upon the Secretary at the time of the commence12 ment of such action. The Secretary shall maintain a

13 record, available for public inspection, of all civil actions

14 commenced under subsection (g). Service of the summons

15 and complaint shall constitute service on the farm labor

16 contractor against whom the action is brought and the

17 surety for the action upon the surety bond of such contrac18 tor. The Secretary shall transmit the complaint, or a copy

19 of the complaint, to—

20 ‘‘(1) such contractor at the address listed on

21 the contractor’s application for a certificate of reg22 istration under section 102, and

23 ‘‘(2) the surety bond,

24 within 48 hours after it has been received.
10

•HR 1173 IH

1 ‘‘(i) TENDER.—In the case of a civil action brought

2 under subsection (g), a surety insurer in the case of a sur3 ety bond may, upon notice to the Secretary and the parties

4 to such action tender to the clerk of the court in which

5 such action is brought an amount equal to the claim or

6 the amount of the bond less the amount of judgments (if

7 any) previously satisfied from the bond and to the extent

8 the tender of such surety shall exonerate the farm labor

9 contractor for whom such surety was tendered.

10 ‘‘(j) SATISFACTION OF CLAIMS.—If the claim or

11 claims in a civil action or civil actions under subsection

12 (g) pending at any one time exceed the amount of the sur13 ety bond of the farm labor contractor against whom the

14 action or actions were brought, such claim or claims shall

15 be satisfied from such bond in the following order:

16 ‘‘(1) Wages, including employee benefits.

17 ‘‘(2) Other damages, including statutory dam18 ages, owed to the employee.

19 ‘‘(3) Any costs and attorneys’ fees the claimant

20 may be entitled to recover.

21 ‘‘(k) BOND IMPAIRMENT.—If any final judgment in

22 a civil action brought under subsection (g) impairs the

23 surety bond furnished by the farm labor contractor

24 against whom the action was brought so that there is not

25 in effect, a surety bond undertaking in the full amount
11

•HR 1173 IH

1 prescribed by the Secretary, the Secretary shall suspend

2 the certificate of registration of such contractor until the

3 bond liability in the required amount unimpaired by

4 unsatisfied judgment claims has been furnished by such

5 contractor, if such bond becomes fully impaired, such con6 tractor shall furnish a new surety bond.

7 ‘‘(l) SECURITY DEPOSITS.—A claimant against a se8 curity deposit filed by a farm labor contractor shall be en9 titled to damages. If such contractor has filed other secu10 rity with the Secretary in lieu of a surety bond, any person

11 having an unsatisfied final judgment against such contrac12 tor for any violation of this Act may execute upon the se13 curity deposit held by the Secretary by serving a certified

14 copy of the unsatisfied final judgment by registered or cer15 tified mail upon the Secretary. Upon receipt of service of

16 such certified copy, the Secretary shall pay or order paid

17 from the security deposit, through the registry of the court

18 which rendered judgment, towards the amount of the

19 unsatisfied judgment. The priority of payment by the Sec20 retary shall be the order of receipt by the Secretary, but

21 the Secretary shall have no liability for payment in excess

22 of the amount of the deposit.’’.

23 (b) CONFORMING AMENDMENT.—The title to section

24 102 (29 U.S.C. 1812) is amended by adding at the end
12

•HR 1173 IH

1 the following: ‘‘AND BONDING OF FARM LABOR CONTRAC2 TORS’’.

3 SEC. 6. REGISTRATION DETERMINATIONS.

4 Section 103(a) (29 U.S.C. 1813(a)) is amended—

5 (1) by striking out ‘‘may refuse to issue or

6 renew, or may suspend or revoke’’ and inserting in

7 lieu thereof ‘‘shall refuse to issue or renew, or shall

8 suspend or revoke’’,

9 (2) in paragraph (5), by striking out ‘‘within

10 the preceding five years’’ before subparagraph (A),

11 (3) in paragraph (5)(A), by inserting ‘‘assault,’’

12 after ‘‘gambling,’’, by inserting ‘‘narcotics,’’ before

13 ‘‘alcoholic’’, and by inserting ‘‘, or weapons’’ after

14 ‘‘beverages’’, and

15 (4) in paragraph (5)(B), by striking out ‘‘fel16 ony’’ and inserting in lieu thereof ‘‘crime’’.

17 SEC. 7. SUSPENSION AND REVOCATION OF REGISTRATION.

18 (a) IN GENERAL.—Section 103 (29 U.S.C. 1813) is

19 amended by redesignating subsections (b) and (c) as sub20 sections (c) and (d), respectively, and by adding after sub21 section (a) the following:

22 ‘‘(b) The Secretary may suspend or revoke a certifi23 cate of registration of a farm labor contractor or employee

24 of a farm labor contractor who is engaged in farm labor

25 contracting activities if the holder—
13

•HR 1173 IH

1 ‘‘(1) has violated this Act or any regulation

2 under this Act or has violated the Fair Labor Stand3 ards Act of 1938 or any regulation under such Act,

4 or

5 ‘‘(2) has charged unreasonable or exorbitant

6 charges for goods provided or services rendered.’’.

7 (b) HEARING.—Section 103(c) (29 U.S.C. 1813(c))

8 (as so redesignated) is amended—

9 (1) in paragraph (1), by striking out ‘‘thirty

10 days’’ and inserting in lieu thereof ‘‘5 days’’,

11 (2) in paragraph (1), by adding the following

12 after the first sentence: ‘‘The administrative law

13 judge shall render a final decision within 10 days of

14 the hearing.’’,

15 (3) in paragraph (1), by adding at the end the

16 following: ‘‘The Secretary, when the Secretary deems

17 it necessary to protect the public health, may sus18 pend a certificate of registration temporarily without

19 a hearing.’’, and

20 (4) in paragraph (2), by adding after the first

21 sentence the following: ‘‘The administrative law

22 judge shall render a final decision within 10 days of

23 the hearing.’’.
14

•HR 1173 IH

1 SEC. 8. INFORMATION AND RECORDKEEPING.

2 (a) CAUSE TO BE RECRUITED.—Section 201(a) (29

3 U.S.C. 1821(a)) is amended by inserting after ‘‘which re4 cruits’’ the following: ‘‘, either directly or through an

5 agent,’’.

6 (b) PLACE OF EMPLOYMENT.—Section 201(a)(1) (29

7 U.S.C. 1821(a)(1)) is amended by inserting before the

8 semicolon the following: ‘‘(with as much specificity as

9 practical), including the name and address of each em10 ployer at such place of employment’’.

11 (c) BONUS.—Section 201(a)(2) (29 U.S.C.

12 1821(a)(2)) is amended by inserting after ‘‘wage rates to

13 be paid’’ the following: ‘‘, including the amount of any

14 bonus and conditions for its receipt, a definite minimum

15 hourly rate, and, if applicable, a definite minimum piece

16 rate’’.

17 (d) WORKERS’ COMPENSATION COVERAGE.—Section

18 201(a) (29 U.S.C. 1821(a)) is amended by striking out

19 ‘‘and’’ at the end of paragraph (6), by striking out the

20 period at the end of paragraph (7) and inserting in lieu

21 thereof a semicolon, and by adding at the end the

22 following:

23 ‘‘(8) whether or not workers’ compensation is

24 provided and—

25 ‘‘(A) the terms and conditions of the work26 ers’ compensation coverage,
15

•HR 1173 IH

1 ‘‘(B) the name of the workers’ compensa2 tion carrier, and

3 ‘‘(C) the name of each insured employer;

4 ‘‘(9) whether or not unemployment insurance is

5 provided and the identity of the employer paying the

6 taxes and reporting the earnings;

7 ‘‘(10) the name and address of the bond issuer,

8 if applicable; and

9 ‘‘(11) the name of the person providing the in10 formation in paragraphs (1) through (10).’’.

11 (e) RECORDKEEPING.—Section 201(d) (29 U.S.C.

12 1821(d)) is amended—

13 (1) by striking out ‘‘and’’ at the end of sub14 paragraph (E) of paragraph (1) and by adding at

15 the end of paragraph (1) the following:

16 ‘‘(G) the day of the week on which the pay

17 period begins;’’, and

18 (2) by striking out the period at end of para19 graph (2) inserting in lieu thereof ‘‘; and’’ and by

20 adding after such paragraph (2) the following:

21 ‘‘(3) with respect to each such worker keep and

22 preserve for 4 years a copy of each dated and signed

23 disclosure statement required by subsection (g).’’.

24 (f) RECORDS.—The last sentence of section 201(e)

25 (29 U.S.C. 1821(e)) is amended to read as follows: ‘‘Any
16

•HR 1173 IH

1 farm labor contractor, agricultural employer, or agricul2 tural association which uses the services of a farm labor

3 contractor to supply any agricultural worker shall obtain,

4 maintain, and keep such records for 4 years from the end

5 of the period of employment.’’.

6 (g) FORM AND LANGUAGE REQUIREMENTS.—

7 (1) IN GENERAL.—Section 201(g) (29 U.S.C.

8 1821(g)) is amended by inserting after the first sen9 tence the following: ‘‘Such disclosure statement shall

10 be dated and signed by the agricultural worker and

11 the person providing the information. Each agricul12 tural worker shall be given a copy of the disclosure

13 statement.’’.

14 (2) HAITIAN CREOLE.—The second sentence of

15 section 201(g) (29 U.S.C. 1821(g)) is amended by

16 inserting ‘‘, Haitian Creole, Mixtec, Hmong,’’ after

17 ‘‘Spanish’’ and the third sentence of such section is

18 amended by inserting ‘‘Haitian Creole, Mixtec,

19 Hmong,’’ after ‘‘Spanish,’’.

20 SEC. 9. WAGES, SUPPLIES, AND OTHER WORKING AR21 RANGEMENTS.

22 Section 202 (29 U.S.C. 1822) is amended by adding

23 at the end the following:

24 ‘‘(d) Each farm labor contractor, agricultural em25 ployer, or agricultural association which recruits any agri-
17

•HR 1173 IH

1 cultural worker shall, in disclosing the period of employ2 ment offered to each agricultural worker, clearly state the

3 days, weeks, and months in which employment will occur.

4 Unless otherwise specifically stated, a work day shall be

5 assumed to constitute a minimum of 8 hours of work per

6 day, a work week shall be assumed to constitute of 40

7 hours over a 7 consecutive day period, and a month shall

8 be assumed to consist of at least 4 weeks.

9 ‘‘(e) The period of employment disclosed in the disclo10 sure statement required by section 201(a) may not be

11 made conditional upon any contingency such as weather

12 or market conditions. In addition, failure to comply with

13 the working arrangements because of any such contin14 gency is justified within the meaning of subsection (c) only

15 if it was directly attributable to acts of God which are

16 due to conditions beyond the control of the farm labor con17 tractor, agricultural employer, or agricultural association

18 involved and which are due to conditions which such per19 son could not reasonably foresee. Nothing in the disclosure

20 statement may be construed to eliminate the requirement

21 under subsection (c) that there be adequate justification

22 to terminate or otherwise violate the terms of the working

23 arrangement made with an agricultural worker.

24 ‘‘(f) Disclosure of terms and conditions of employ25 ment in the written disclosure statement required under
18

•HR 1173 IH

1 section 201(a) shall not excuse any other oral or written

2 misrepresentation made to an agricultural worker by a

3 farm labor contractor, agricultural employer, or agricul4 tural association.

5 ‘‘(g) Each farm labor contractor, agricultural em6 ployer, or agricultural association which employs any agri7 cultural worker shall comply with all local, State, and Fed8 eral laws and regulations designed to protect the health

9 and safety of agricultural workers, including pesticide laws

10 and regulations.’’.

11 SEC. 10. HOUSING.

12 (a) STANDARDS.—Section 203(a) (29 U.S.C.

13 1823(a)) is amended by adding at the end the following:

14 ‘‘For purposes of this subsection, the term ‘substantive

15 Federal and State safety and health standards’ means

16 standards which are designed to protect the health or well

17 being of the occupants of housing.’’.

18 (b) TIME.—The fourth sentence of section 203(b) (29

19 U.S.C. 1823(b)) is amended by striking out ‘‘three years’’

20 and inserting in lieu thereof ‘‘4 years’’.

21 (c) EXTENT OF PROTECTION.—Section 203 (29

22 U.S.C. 1823) is amended by adding at the end the

23 following:
19

•HR 1173 IH

1 ‘‘(d) The protections of this section shall extend both

2 to agricultural workers covered under this section and to

3 family members who accompany such workers.’’.

4 SEC. 11. MOTOR VEHICLE SAFETY.

5 (a) APPLICATION.—Section 401(a) (29 U.S.C.

6 1841(a)) is amended—

7 (1) by striking out ‘‘Except as provided in para8 graph (2), this’’ and inserting in lieu thereof ‘‘This’’,

9 and

10 (2) by amending paragraph (2) to read as fol11 lows:

12 ‘‘(2) The protections of this section shall extend both

13 to agricultural workers covered under this section and to

14 family members who accompany such workers.’’.

15 (b) REQUIREMENTS.—Section 401(b)(1) (29 U.S.C.

16 1841(b)(1)) is amended by striking out ‘‘and’’ at the end

17 of subparagraph (B), by striking out the period at the end

18 of subparagraph (C) and inserting in lieu thereof a

19 comma, and by adding at the end the following:

20 ‘‘(D) ensure that no such vehicle is operated by

21 a person under the influence of alcohol or a con22 trolled substance, and

23 ‘‘(E) ensure that no such vehicle is operated

24 when any safety equipment or device is missing, has

25 been removed or disabled, or is inoperable.’’.
20

•HR 1173 IH

1 (c) REGULATIONS.—Section 401(b)(2)(A) (29 U.S.C.

2 1841(b)(2)(A)) is amended by adding at the end the fol3 lowing: ‘‘Regulations prescribed under this subparagraph

4 shall be no less protective of the health and safety of agri5 cultural workers than the regulations of the Secretary of

6 Transportation published as part 398 of title 49 of the

7 Code of Federal Regulations, as in effect on the date of

8 the enactment of the Agricultural Worker Protection Re9 form Act of 1993, irrespective of whether transportation

10 is, at any particular point in time, subject to such regula11 tions.’’.

12 (d) DEFINITION.—Section 401(b) (29 U.S.C.

13 1841(b)) is amended by adding at the end the following:

14 ‘‘(4) For purposes of paragraph (1), the term ‘caus15 ing to be’ means requesting, directing, providing, or ar16 ranging for or benefiting from the use of. Such term also

17 includes hiring, recruiting, or employing agricultural

18 workers where such transportation is customary or an es19 sential part of the working arrangement. Such term does

20 not include carpooling arrangements.’’.

21 SEC. 12. CONFIRMATION OF REGISTRATION.

22 Section 402 is repealed (29 U.S.C. 1842) and sec23 tions 403 and 404 are redesignated as sections 402 and

24 403, respectively.
21

•HR 1173 IH

1 SEC. 13. OBLIGATIONS OF USERS OF FARM LABOR CON2 TRACTORS.

3 Title IV is amended by adding at the end the

4 following:

5 ‘‘OBLIGATIONS OF USERS OF FARM LABOR CONTRACTORS

6 ‘‘SEC. 404. (a) IN GENERAL.—No person shall use

7 the services of any farm labor contractor to supply any

8 agricultural worker unless the person first takes reason9 able steps to determine that the farm labor contractor pos10 sesses a certificate of registration under section 102 which

11 is valid and which authorizes the activity for which the

12 contractor is used. In making that determination, the per13 son may rely upon either possession of a certificate of reg14 istration or confirmation of such registration by the De15 partment of Labor. The Secretary shall maintain a central

16 public registry of all persons issued a certificate of reg17 istration under section 102.

18 ‘‘(b) COMPLIANCE.—Each agricultural employer or

19 agricultural association which uses, retains, or benefits

20 from the services of a farm labor contractor shall ensure

21 that such contractor complies with all obligations imposed

22 by this Act and any State or Federal child labor laws or

23 regulations.

24 ‘‘(c) LIABILITY.—Where an agricultural employer or

25 agricultural association uses, retains, or benefits from the

26 services of a farm labor contractor with respect to the em-
22

•HR 1173 IH

1 ployment of an agricultural worker, the agricultural em2 ployer or agricultural association shall be deemed strictly

3 liable for any violation of this Act suffered by such worker

4 or an immediate family member of such worker in relation

5 to any farm labor contracting activity connected with that

6 employment.’’.

7 SEC. 14. ADMINISTRATIVE SANCTIONS.

8 Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended

9 by striking out ‘‘$1,000’’ and inserting in lieu thereof

10 ‘‘$7,000’’ and by adding at the end the following: ‘‘In the

11 case of violations of provisions of 201, 203, and 401, a

12 person shall be deemed to have committed a separate vio13 lation of such a provision with respect to each agricultural

14 worker subjected to the unlawful practice. The Secretary

15 shall insure that the primary focus of administrative en16 forcement of this Act is the fixed situs employer.’’.

17 SEC. 15. PRIVATE RIGHT OF ACTION.

18 (a) ACTION ON A BOND.—Section 504(a) (29 U.S.C.

19 1854(a)) is amended by inserting ‘‘(1)’’ after ‘‘(a)’’ and

20 by adding at the end the following:

21 ‘‘(2) Any person who is injured because of the breach

22 of an obligation for which a bond has been secured under

23 this Act or regulations under this Act may bring an action

24 on the bond in the name of such person in any court of
23

•HR 1173 IH

1 competent jurisdiction to recover the damages sustained

2 by such breach.’’.

3 (b) COSTS.—Section 504(b) (29 U.S.C. 1854(b)) is

4 amended by adding at the end the following: ‘‘The court

5 shall pay the costs of such actions from its administrative

6 budget and may apply to the Secretary for reimbursement.

7 Upon application, the Secretary shall pay such costs.’’.

8 (c) AWARD OF DAMAGES.—Section 504(c) (29

9 U.S.C. 1854(c)) is amended—

10 (1) in paragraph (1), by striking out ‘‘up to

11 $500’’ and inserting in lieu thereof ‘‘not less than

12 $200 and up to $2,000 (or the enhanced damages

13 prescribed by paragraphs (4) and (5))’’,

14 (2) in paragraph (1), by striking out ‘‘(A)’’ and

15 ‘‘; and (B)’’ and all that follows up to the period,

16 (3) by adding at the end of paragraph (2) the

17 following: ‘‘In awarding actual damages for physical

18 injury or death resulting from a violation of this Act,

19 the court may consider any workers’ compensation

20 benefits received for such injury or death up to the

21 amount of the workers’ compensation award.’’, and

22 (4) by adding after paragraph (3) the following:

23 ‘‘(4) The amount of statutory damages to be awarded

24 under paragraph (1) may be up to $25,000 but not less

25 than $1,000 for—
24

•HR 1173 IH

1 ‘‘(A) violations of subsection (a) or (b) of sec2 tion 101,

3 ‘‘(B) violations of section 402, and

4 ‘‘(C) regular or repeated violations of this Act

5 or any regulation issued under this Act.

6 ‘‘(5) The amount of statutory damages to be awarded

7 under paragraph (1) may be up to $250,000 per plaintiff

8 per violation for—

9 ‘‘(A) violations of section 203,

10 ‘‘(B) violations of section 401, and

11 ‘‘(C) violations resulting in physical injuries or

12 death.

13 ‘‘(6) If an agricultural worker has been injured as

14 a result of a violation of this Act and if the employer of

15 such worker did not provide coverage under workers’ com16 pensation for such employee, the worker shall be awarded

17 $1,000 in liquidated damages in addition to any other

18 damages available under this Act.

19 ‘‘(7) In any action brought under subsection (a), the

20 court shall allow an agricultural worker who is the prevail21 ing party in such action a reasonable attorney’s fee and

22 fees for expert witnesses as part of the costs of such

23 action.

24 ‘‘(8) The statute of limitations applicable to any ac25 tion brought under subsection (a) is 4 years from the date
25

•HR 1173 IH

1 the cause of action accrued. For purposes of this para2 graph and paragraph (9), a cause of action accrues when

3 the last element constituting the cause of action occurs.

4 The statute of limitations established by this paragraph

5 or paragraph (9) shall be tolled in any case in which the

6 agricultural employer, farm labor contractor, or agricul7 tural association against which relief is sought fails to

8 comply with the posting requirements in subsections (b)

9 and (c) of section 201 and section 403.

10 ‘‘(9) Any action taken by the Secretary under sec11 tions 501 or 502 of this Act shall be barred if not com12 menced within 10 years after the cause of action

13 accrued.’’.

14 (d) WORKERS’ COMPENSATION.—Subsection (d) of

15 section 504 (29 U.S.C. 1854) is repealed. Any action

16 which was barred or stayed as the result of the enactment

17 of such subsection is revived and shall be treated as if

18 the applicable statute of limitations was equitably tolled

19 while such subsection was in effect.

20 (e) ARISING OF CAUSES OF ACTIONS.—Section 504

21 (29 U.S.C. 1854) is amended by adding after subsection

22 (c) the following:

23 ‘‘(d) In any action to enforce the requirements of sec24 tion 201(a), the cause of action shall be deemed to arise

25 in each place or places where a disclosure statement actu-
26

•HR 1173 IH

1 ally was provided or should have been provided to the agri2 cultural worker. In an action to enforce the requirements

3 of section 201(f), the cause of action shall be deemed to

4 arise in each place or places where the false and mislead5 ing information was provided to the agricultural worker

6 and where the resulting injury occurred. In an action to

7 enforce section 202(c), the cause of action shall be deemed

8 to arise in each place or places where the working arrange9 ment was entered into and where the breach of the work10 ing arrangement occurred.’’.

11 SEC. 16. DISCRIMINATION.

12 Section 505(a) (29 U.S.C. 1855(a)) is amended by

13 striking out ‘‘because such worker has’’ and inserting in

14 lieu thereof ‘‘because such worker or a member of the fam15 ily of such worker has discussed or consulted with anyone,

16 including representatives of a religious, medical, humani17 tarian, social services, or legal assistance organization con18 cerning the worker’s rights under this Act, or has’’.

19 SEC. 17. COMPLAINTS BY AGRICULTURAL WORKERS.

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

21 the following:

22 ‘‘COMPLAINTS

23 ‘‘SEC. 507. (a) IN GENERAL.—An agricultural work24 er or a representative of an agricultural worker may file

25 a complaint with the Secretary alleging a violation of this

26 Act. If an agricultural worker is killed as a result of a
27

•HR 1173 IH

1 work-related injury or illness which allegedly resulted from

2 a violation of this Act, a member of the family of such

3 worker may file such a complaint. Upon receipt of such

4 a complaint, the Secretary shall promptly cause such in5 vestigation to be made as the Secretary deems appro6 priate.

7 ‘‘(b) COMPLAINANT RIGHTS.—On request, a com8 plainant under a complaint filed under subsection (a) shall

9 be afforded the right to—

10 ‘‘(1) meet with the Secretary or the Secretary’s

11 authorized representative respecting any investiga12 tion conducted under section 512(a) before the deci13 sion of the Secretary to take an enforcement action

14 or to take no action;

15 ‘‘(2) receive at no cost a copy of the report of

16 the investigation of the complaint and, at the time

17 of issuance, a copy of any notice of assessment of a

18 civil money penalty resulting from such investiga19 tion; and

20 ‘‘(3) be informed of any request for a hearing

21 made under section 503(b)(1) and participate as a

22 party in any hearing or other proceeding contesting

23 a civil money penalty assessment under section

24 503(a)(1) resulting from the investigation of such

25 complaint.
28

•HR 1173 IH

1 ‘‘(c) WITHDRAWAL OR MODIFICATION OF CIVIL

2 MONEY PAYMENT.—

3 ‘‘(1) NOTICE.—If the Secretary intends to with4 draw or modify a civil money penalty assessment for

5 the violation alleged in a complaint filed under sub6 section (a) as a result of any agreement with the

7 person assessed such penalty which resulted, in

8 whole or in part, from an investigation of such a

9 complaint, the Secretary shall provide prompt notice

10 to the complainant which shall include the terms of

11 the proposed agreement.

12 ‘‘(2) RESPONSE NOTICE.—Not later than 15

13 working days after the receipt of the notice required

14 by paragraph (1), the complainant or the represent15 ative of such complainant shall have the right to file

16 a notice with the Secretary stating that the proposed

17 agreement with respect to which the notice was pro18 vided fails to effectuate the purposes of this Act.

19 Such notice shall state the respects in which the

20 agreement fails to effectuate such purposes.

21 ‘‘(3) SECRETARIAL RESPONSE.—Upon receipt

22 of a notice under paragraph (2), the Secretary shall

23 consider the matter and if the Secretary determines

24 to carry out the proposed agreement with respect to

25 which such notice was given, the Secretary shall re-
29

•HR 1173 IH

1 spond with particularity to the statements presented

2 in such notice.

3 ‘‘(4) RIGHT TO HEARING.—Not later than 15

4 working days after the response of the Secretary

5 under paragraph (3), the complainant or representa6 tive of the complainant shall have the right to an

7 agency hearing as to whether the adoption of the

8 proposed agreement would effectuate the purposes of

9 this Act.

10 ‘‘(5) ADMINISTRATIVE LAW JUDGE DETERMINA11 TION.—If, as a result of a hearing under paragraph

12 (4), the administrative law judge determines that a

13 proposed agreement fails to effectuate the purposes

14 of this Act, the Secretary shall not enter into the

15 proposed agreement and shall not withdraw or mod16 ify the civil money penalty assessment in accordance

17 with the agreement.

18 ‘‘(d) REMEDIES.—In addition to all other remedies

19 that might be available to a complainant under Federal

20 or State law, for a violation of this section a complainant

21 shall be entitled to—

22 ‘‘(1) declaratory relief,

23 ‘‘(2) injunctive relief,
30

•HR 1173 IH

1 ‘‘(3) any costs incurred by the complainant in

2 securing the documents referred to in subsection

3 (b)(2), and

4 ‘‘(4) reasonable attorney’s fees and costs.

5 ‘‘(e) INFORMATION.—The Secretary shall take rea6 sonable steps to inform complainants of their rights under

7 this section.’’.

8 SEC. 18. NEW PROTECTIONS.

9 Title IV is amended by adding at the end the follow10 ing:

11 ‘‘ADDITIONAL PROTECTIONS

12 ‘‘SEC. 405. (a) CHILD CARE.—Each agricultural em13 ployer who employs at least 25 agricultural workers shall

14 provide for such workers child care.

15 ‘‘(b) SANITATION.—Each agricultural employer shall

16 provide its agricultural employees field sanitation, includ17 ing drinking water, water for handwashing, and such other

18 components as may be required by regulations under the

19 Occupational Safety and Health Act of 1970.

20 ‘‘(c) HEAT STRESS.—Each agricultural employer

21 shall provide for its agricultural employees protection

22 against heat stress.

23 SEC. 19. GENERAL AMENDMENTS.

24 (a) TITLES.—Section 1 is amended by striking out

25 ‘‘Migrant and Seasonal’’, the heading for title II is amend26 ed by striking out ‘‘MIGRANT’’, the title for title IV is
31

•HR 1173 IH

1 amended by striking out ‘‘MIGRANT AND SEA2 SONAL’’, and title III is repealed.

3 (b) REDESIGNATIONS.—Titles IV and V are redesig4 nated as titles III and IV, respectively, and sections 401

5 through 405 are redesignated as sections 301 through

6 305, respectively, sections 501 through 507, sections 511

7 through 513, and sections 521 through 524 are redesig8 nated as sections 401 through 407, 411 through 413, and

9 421 through 424, respectively.

10 (c) MIGRANT AND SEASONAL.—The Act is amended

11 by—

12 (1) striking out ‘‘migrant and seasonal’’ and

13 ‘‘migrant or seasonal’’ each place it appears, and

14 (2) by striking out ‘‘migrant agricultural’’ and

15 ‘‘seasonal agricultural’’ each place it appears and in16 serting in lieu thereof ‘‘agricultural’’.

17 (d) TABLE OF CONTENTS.—The table of contents is

18 amended—

19 (1) by striking out ‘‘Migrant’’ in the heading

20 for title II,

21 (2) by striking out references to title III,

22 (3) by striking out ‘‘Migrant and Seasonal’’ in

23 the heading for title IV,
32

•HR 1173 IH

1 (4) by redesignating title IV as title III and by

2 redesignating sections 401 through 404 as sections

3 301 through 304, respectively, and

4 (5) by redesignating title V as title IV and by

5 redesignating sections 501 through 507, 511

6 through 513, and 521 through 524 as sections 401

7 through 407, 411 through 413, and 421 through

8 424, respectively.

Æ

HR 1173 IH——2

HR 1173 IH——3