I

106TH CONGRESS

1ST SESSION H. R. 1886

To amend the Migrant and Seasonal Agricultural Worker Protection Act

to clarify the application of such Act.

IN THE HOUSE OF REPRESENTATIVES

MAY 20, 1999

Mr. CANADY of Florida, (for himself, Mr. JENKINS, Mr. HILLEARY, Mr.

RADANOVICH, Mr. HASTINGS of Washington, Mr. NETHERCUTT, Mr.

HOEKSTRA, Mr. GARY MILLER of California, Mr. MCCOLLUM, Mr.

EHLERS, Mr. GOODLATTE, Mr. PETERSON of Pennsylvania, Mr. BOYD,

Mr. GILLMOR, Mr. STEARNS, Mr. BISHOP, Mr. LAHOOD, Mr. HASTINGS

of Florida, Mr. HERGER, Mr. GOODE, Mr. SANFORD, and Mr. PAUL) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Migrant and Seasonal Agricultural Worker

Protection Act to clarify the application of such Act.

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 ‘‘MSPA Clarification Act of 1999’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment
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1 to, or repeal of, a section or other provision, the reference

2 shall be considered to be made to a section or other provi3 sion of the Migrant and Seasonal Agricultural Worker

4 Protection Act.

5 SEC. 2. FAMILY BUSINESS EXEMPTION.

6 Section 4(a)(1) (29 U.S.C. 1803(a)(1)) is amended

7 by inserting before the period the following: ‘‘, such indi8 vidual’s employees choose to work for another person on

9 their free time, such individual used a State employment

10 service agency to obtain employees, or such individual ob11 tained referrals for employment from the other migrant

12 or seasonal agricultural employees’’.

13 SEC. 3. FARM LABOR CONTRACTOR.

14 Section 3(6) (29 U.S.C. 1802(6)) is amended by in15 serting at the end the following: ‘‘Such term does not in16 clude a migrant or seasonal agricultural worker who vol17 untarily enters into carpool arrangements or who is di18 rected or requested to do so by a person pursuant to Fed19 eral, State, or local law.

20 SEC. 4. INSPECTIONS.

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

22 the following:

23 ‘‘INVESTIGATIONS

24 ‘‘SEC. 507. No investigation by entry onto a place

25 of agricultural employment may be made under this Act

26 to determine if a person violated this Act unless a con-
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1 ference is first held with such person to inform such per2 son of the purpose of the investigation and a conference

3 is held with such person at the end of the investigation

4 to inform such person of the results of the investigation.’’.

5 SEC. 5. VIOLATION CORRECTIONS.

6 (a) ADMINISTRATIVE SANCTIONS.—Section

7 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by adding

8 at the end the following: ‘‘If an agricultural employer, ag9 ricultural association, or farm labor contractor corrects a

10 violation of this Act or a regulation under this Act within

11 10 working days of the date on which a citation for such

12 violation has been served upon such employer, association,

13 or contractor, no civil money penalty shall be imposed on

14 such person for such violation. Such correction of a viola15 tion shall be allowed only where such agricultural em16 ployer, agricultural association, or farm labor contractor

17 has not previously been finally adjudicated to have violated

18 the same section of this Act or section of the regulations

19 under this Act as is specified in the citation and the prior

20 violation occurred after the date this sentence takes ef21 fect.’’.

22 (b) PRIVATE RIGHT OF ACTION.—Section 504(a) (29

23 U.S.C. 1854(a)) is amended by adding at the end the fol24 lowing: ‘‘If an agricultural employer, agricultural associa25 tion, or farm labor contractor corrects a violation of this
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1 Act or regulation under this Act within 10 working days

2 of the date on which the agricultural employer, agricul3 tural association, or farm labor contractor was notified in

4 writing of such violation, no action, including a complaint,

5 may be brought under this subsection with respect to such

6 violation. Such correction of a violation shall be allowed

7 only where such agricultural employer, agricultural asso8 ciation, or farm labor contractor has not previously been

9 finally adjudicated to have violated the same section of

10 this Act or section of the regulations under this Act as

11 is specified in the written notification alleging the violation

12 and the prior violation occurred after the date this sen13 tence takes effect.’’.

14 SEC. 6. REGULATION OF HOUSING.

15 Section 203 (29 U.S.C. 1823) is amended by adding

16 at the end the following:

17 ‘‘(d) APPROVED HOUSING.—Any farm worker hous18 ing which is regulated and approved for health and safety

19 by a Federal or State agency shall not be subject to regu20 lation under this section.

21 ‘‘(e) LIABILITY.—Subsection (a) of section 203 (29

22 U.S.C. 1823) is amended by adding at the end the fol23 lowing: ‘‘A person who owns or controls a facility for hous24 ing migrant agricultural workers shall not be held liable

25 under this subsection for housing conditions which are
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1 caused by or are within the responsibility of the housed

2 migrant workers.’’.

3 SEC. 7. JOINT EMPLOYMENT.

4 Sections 522, 523, and 524 (29 U.S.C. 1872, 1801

5 note) are redesignated as sections 523, 524, and 525, re6 spectively, and the following new section is inserted after

7 section 521:

8 ‘‘JOINT EMPLOYMENT

9 ‘‘SEC. 522. (a) In determining if an agricultural em10 ployer, agricultural association, or farm labor contractor

11 jointly employs any migrant or seasonal agricultural work12 er, only each of the following factors shall be taken into

13 account—

14 ‘‘(1) the nature and degree of control of the

15 workers,

16 ‘‘(2) the degree of supervision, direct or indi17 rect, of the work,

18 ‘‘(3) the power to determine the pay rates or

19 the methods of payment of the workers,

20 ‘‘(4) the right, directly or indirectly, to hire,

21 fire, or modify the employment conditions of the

22 workers, and

23 ‘‘(5) preparation of payroll and the payment of

24 wages.

25 In the case of joint responsibility for housing of migrant

26 agricultural workers, who owns or controls the housing
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1 shall be taken into account. In the case of joint responsi2 bility for transportation of migrant and seasonal agricul3 tural workers, who owns or directs the transportation to

4 be utilized shall be taken into account. A person shall not

5 be considered jointly responsible for transportation of mi6 grant or seasonal agricultural workers because that person

7 participates in, or directs or requests such agricultural

8 workers to enter into carpooling arrangements pursuant

9 to the requirements of Federal, State, or local law.

10 ‘‘(b) Joint employment or joint responsibility between

11 an agricultural employer and an agricultural association

12 or farm labor contractor may not be presumed. Before

13 making a determination of joint employment or joint re14 sponsibility and the imposition of the requirements of this

15 Act or the issuance of a penalty, the agricultural employer,

16 the agricultural association, and farm labor contractor

17 shall be provided with a written determination of joint em18 ployment or joint responsibility with the reasons therefor.

19 For purposes of this subsection, joint responsibility is not

20 established through a joint employment analysis.’’.

21 SEC. 8. CONFIRMATION OF REGISTRATION.

22 Section 402 (29 U.S.C. 1842) is amended by adding

23 at the end the following: ‘‘Notwithstanding the foregoing,

24 where a person is a farm labor contractor solely because

25 that person, for any money or other valuable consideration
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1 paid or promised to be paid, engages in transporting any

2 migrant or seasonal agricultural worker, an agricultural

3 employer or agricultural association employing any such

4 migrant or seasonal agricultural worker shall be required

5 to take such reasonable steps only where such agricultural

6 employer or agricultural association had actual knowledge

7 that such transportation was not a carpooling arrange8 ment among the workers themselves.’’.

9 SEC. 9. DEFINITIONS.

10 (a) DEFINITION OF MIGRANT AGRICULTURAL WORK11 ER.—Section 3(8)(B) (29 U.S.C. 1802(8)(B)) is amended

12 by striking ‘‘or’’ at the end of clause (i), by striking the

13 period at the end of clause (ii) and inserting ‘‘; or’’, and

14 by adding at the end the following:

15 ‘‘(iii) any individual who is employed by a

16 specific agricultural employer or association on

17 a year-round basis.’’.

18 (b) DEFINITION OF SEASONAL AGRICULTURAL

19 WORKER.—Section 3(10)(B) (29 U.S.C. 1802(10)(B)) is

20 amended by striking ‘‘or’’ at the end of clause (ii), by

21 striking the period at the end of clause (iii) and inserting

22 ‘‘; or’’, and by adding at the end the following:

23 ‘‘(iv) any individual who is employed by a

24 specific agricultural employer or association on

25 a year-round basis.’’.
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1 SEC. 10. MOTOR VEHICLE SAFETY INSURANCE REQUIRE2 MENTS.

3 Section 401(b) (29 U.S.C. 1841(b)) is amended by

4 amending paragraph (3) to read as follows:

5 ‘‘(3) The level of insurance required under

6 paragraph (1)(C) shall be determined by the applica7 ble transportation requirements under State law.’’.

8 SEC. 11. STATUTE OF LIMITATIONS.

9 (a) SECTION 503.—Section 503(a)(1) (29 U.S.C.

10 1853(a)(1)) is amended by inserting ‘‘within 2 years of

11 the date of such violation’’ after ‘‘assessed’’.

12 (b) SECTION 504.—Section 504(a) (29 U.S.C. 1854)

13 is amended by inserting ‘‘within 2 years of the date of

14 such violation’’ after ‘‘suit’’.

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