I
105TH CONGRESS
1ST SESSION
H. R. 2038
To amend the Migrant and Seasonal Agricultural Worker Protection Act
to clarify the application of such Act.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1997
Mr. CANADY of Florida (for himself, Mr. JENKINS, and Mr. HILLEARY) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To amend the Migrant and Seasonal Agricultural Worker
Protection Act to clarify the application of such 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 AND REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘MSPA Clarification Act of 1997’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment 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 provi-
sion of the Migrant and Seasonal Agricultural Worker
Protection Act.
SEC. 2. FAMILY BUSINESS EXEMPTION.
Section 4(a)(1) (29 U.S.C. 1803(a)(1)) is amended
by inserting before the period the following: ‘‘, such indi-
vidual’s employees choose to work for another person on
their free time, such individual used a State employment
service agency to obtain employees, or such individual ob-
tained referrals for employment from the other migrant
or seasonal agricultural employees’’.
SEC. 3. FARM LABOR CONTRACTOR.
Section 3(6) (29 U.S.C. 1802(6)) is amended by in-
serting at the end the following: ‘‘Such term does not in-
clude a migrant or seasonal agricultural worker who vol-
untarily enters into carpool arrangements or who is di-
rected or requested to do so by a person pursuant to Fed-
eral, State, or local law.
SEC. 4. INSPECTIONS.
Part A of title V is amended by adding at the end
the following:
‘‘INVESTIGATIONS
‘‘SEC. 507. No investigation by entry onto a place
of agricultural employment may be made under this Act
to determine if a person violated this Act unless a con-
ference is first held with such person to inform such per-
son of the purpose of the investigation and a conference
is held with such person at the end of the investigation
to inform such person of the results of the investigation.’’.
SEC. 5. VIOLATION CORRECTIONS.
(a) 
ADMINISTRATIVE
SANCTIONS.—Section
503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by adding
at the end the following: ‘‘If an agricultural employer, ag-
ricultural association, or farm labor contractor corrects a
violation of this Act or a regulation under this Act within
10 working days of the date on which a citation for such
violation has been served upon such employer, association,
or contractor, no civil money penalty shall be imposed on
such person for such violation. Such correction of a viola-
tion shall be allowed only where such agricultural em-
ployer, agricultural association, or farm labor contractor
has not previously been finally adjudicated to have violated
the same section of this Act or section of the regulations
under this Act as is specified in the citation and the prior
violation occurred after the date this sentence takes ef-
fect.’’.
(b) PRIVATE RIGHT OF ACTION.—Section 504(a) (29
U.S.C. 1854(a)) is amended by adding at the end the fol-
lowing: ‘‘If an agricultural employer, agricultural associa-
tion, or farm labor contractor corrects a violation of this
Act or regulation under this Act within 10 working days
of the date on which the agricultural employer, agricul-
tural association, or farm labor contractor was notified in
writing of such violation, no action, including a complaint,
may be brought under this subsection with respect to such
violation. Such correction of a violation shall be allowed
only where such agricultural employer, agricultural asso-
ciation, or farm labor contractor has not previously been
finally adjudicated to have violated the same section of
this Act or section of the regulations under this Act as
is specified in the written notification alleging the violation
and the prior violation occurred after the date this sen-
tence takes effect.’’.
SEC. 6. REGULATION OF HOUSING.
Section 203 (29 U.S.C. 1823) is amended by adding
at the end the following:
‘‘(d) APPROVED HOUSING.—Any farm worker hous-
ing which is regulated and approved for health and safety
by a Federal or State agency shall not be subject to regu-
lation under this section.
‘‘(e) LIABILITY.—Subsection (a) of section 203 (29
U.S.C. 1823) is amended by adding at the end the follow-
ing: ‘‘A person who owns or controls a facility for housing
migrant agricultural workers shall not be held liable under
this subsection for housing conditions which are caused
by or are within the responsibility of the housed migrant
workers.’’.
SEC. 7. JOINT EMPLOYMENT.
Sections 522, 523, and 524 (29 U.S.C. 1872, 1801
note) are redesignated as sections 523, 524, and 525, re-
spectively, and the following new section is inserted after
section 521:
‘‘JOINT EMPLOYMENT
‘‘SEC. 522. (a) In determining if an agricultural em-
ployer, agricultural association, or farm labor contractor
jointly employs any migrant or seasonal agricultural work-
er, only each of the following factors shall be taken into
account—
‘‘(1) the nature and degree of control of the
workers,
‘‘(2) the degree of supervision, direct or indi-
rect, of the work,
‘‘(3) the power to determine the pay rates or
the methods of payment of the workers,
‘‘(4) the right, directly or indirectly, to hire,
fire, or modify the employment conditions of the
workers, and
‘‘(5) preparation of payroll and the payment of
wages.
In the case of joint responsibility for housing of migrant
agricultural workers, who owns or controls the housing
shall be taken into account. In the case of joint respon-
sibility for transportation of migrant and seasonal agricul-
tural workers, who owns or directs the transportation to
be utilized shall be taken into account. A person shall not
be considered jointly responsible for transportation of mi-
grant or seasonal agricultural workers because that person
participates in, or directs or requests such agricultural
workers to enter into carpooling arrangements pursuant
to the requirements of Federal, State, or local law.
‘‘(b) Joint employment or joint responsibility between
an agricultural employer and an agricultural association
or farm labor contractor may not be presumed. Before
making a determination of joint employment or joint re-
sponsibility and the imposition of the requirements of this
Act or the issuance of a penalty, the agricultural employer,
the agricultural association, and farm labor contractor
shall be provided with a written determination of joint em-
ployment or joint responsibility with the reasons therefor.
For purposes of this subsection, joint responsibility is not
established through a joint employment analysis.’’.
SEC. 8. CONFIRMATION OF REGISTRATION.
Section 402 (29 U.S.C. 1842) is amended by adding
at the end the following: ‘‘Notwithstanding the foregoing,
where a person is a farm labor contractor solely because
that person, for any money or other valuable consideration
paid or promised to be paid, engages in transporting any
migrant or seasonal agricultural worker, an agricultural
employer or agricultural association employing any such
migrant or seasonal agricultural worker shall be required
to take such reasonable steps only where such agricultural
employer or agricultural association had actual knowledge
that such transportation was not a carpooling arrange-
ment among the workers themselves.’’.
SEC. 9. DEFINITIONS.
(a) DEFINITION OF MIGRANT AGRICULTURAL WORK-
ER.—Section 3(8)(B) (29 U.S.C. 1802(8)(B)) is amended
by striking ‘‘or’’ at the end of clause (i), by striking the
period at the end of clause (ii) and inserting ‘‘; or’’, and
by adding at the end the following:
‘‘(iii) any individual who is employed by a
specific agricultural employer or association on
a year-round basis.’’.
(b) DEFINITION
OF
SEASONAL
AGRICULTURAL
WORKER.—Section 3(10)(B) (29 U.S.C. 1802(10)(B)) is
amended by striking ‘‘or’’ at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
‘‘; or’’, and by adding at the end the following:
‘‘(iv) any individual who is employed by a
specific agricultural employer or association on
a year-round basis.’’.
SEC. 10. MOTOR VEHICLE SAFETY INSURANCE REQUIRE-
MENTS.
Section 401(b) (29 U.S.C. 1841(b)) is amended by
amending paragraph (3) to read as follows:
‘‘(3) The level of insurance required under
paragraph (1)(C) shall be determined by the applica-
ble transportation requirements under State law.’’.
SEC. 11. STATUTE OF LIMITATIONS.
(a) SECTION 503.—Section 503(a)(1) (29 U.S.C.
1853(a)(1)) is amended by inserting ‘‘within 2 years of
the date of such violation’’ after ‘‘assessed’’.
(b) SECTION 504.—Section 504(a) (29 U.S.C. 1854)
is amended by inserting ‘‘within 2 years of the date of
such violation’’ after ‘‘suit’’.
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