I
105TH CONGRESS
2D SESSION
H. R. 3317
To provide that each State may establish a pilot program for mediation
of private rights of action under the Migrant and Seasonal Agricultural
Worker Protection Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1998
Mr. SMITH introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To provide that each State may establish a pilot program
for mediation of private rights of action under the Mi-
grant and Seasonal Agricultural Worker Protection Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Voluntary State Pilot
Mediation Program for MSWPA Lawsuits Act of 1998’’.
SEC. 2. ESTABLISHMENT OF PILOT MEDIATION PROGRAM
BY STATES.
(a) PREREQUISITE.—Each State may establish a
pilot mediation program which would require that before
a person may bring a private right of action under section
504(a) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1854(a)) such person shall be
required to submit the cause for such action to mediation
under the pilot mediation program of such State.
(b) PROGRAM CONTENT.—A pilot mediation program
of a State shall—
(1) provide that the mediation shall be under a
mediator who is authorized by the administrator of
such program in such State and who is the unani-
mous choice of all parties to the cause of action;
(2) provide that any information or agreement
derived from mediation under such program shall be
confidential;
(3) allow all defending parties and all real par-
ties in interest to the mediation to retain and be rep-
resented by counsel;
(4) provide an opportunity for all parties to ob-
tain relevant information and evidence from the
other parties to the mediation; and
(5) meet such other requirements as the State
may require to ensure that mediation may be accom-
plished under such program.
(c) NOTIFICATION.—Each State which establishes a
pilot mediation program as a prerequisite to an action
under such section 504(a) shall notify the Secretary of
Labor and the Secretary of Agriculture of such program.
(d) PILOT PROGRAM PERIOD.—A pilot mediation
program shall only be in effect during the 60 month period
beginning upon the expiration of 6 months after the date
of the enactment of this Act, except that if the legislature
of a State will not be in session during such 6-month pe-
riod, the pilot program shall be in effect in such State
only during the 60 month period beginning upon the expi-
ration of the legislative session of such State.
SEC. 3. REPORT BY SECRETARY OF AGRICULTURE.
(a) REPORT.—The Secretary of Agriculture shall re-
port to Congress one year before the expiration of the pilot
program period under section 2(d) on—
(1) the effectiveness of the pilot program in re-
ducing litigation under the Migrant and Seasonal
Agricultural Worker Protection Act; and
(2) the beneficial effects of such litigation re-
duction on agricultural production in States in which
such a program was in effect.
The Secretary may include in the report made under this
section any recommendation on continuing or expanding,
or both, the pilot program.
(b) STATE NOTICE.—The Secretary of Agriculture
shall take such action as may be appropriate to notify the
States of the pilot program under section 2.
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