sion 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 trans-
ports 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 trans-
ports 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 employ-
ment. 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 con-
tractor 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 pro-
duces 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 trans-
porting’’ 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 be-
cause the carrier is engaged in the farm labor con-
tracting activity of transporting any agricultural
worker and any employee of such carrier when per-
forming farm labor contracting activities exclusively
for such carrier.
‘‘(2) LABOR ORGANIZATION.—Any labor organi-
zation, 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
INSTITU-
TION.—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 appli-
cant 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, en-
forcement actions, or other administrative com-
plaints 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 mislead-
ing 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 con-
tractor applying for a certificate of registration under sec-
tion 102 shall, as a condition to the granting of the certifi-
cate, execute and file with the Secretary a good and suffi-
cient bond to secure the faithful performance of—
‘‘(1) the obligations of such contractor as a
farm labor contractor under this Act and the regula-
tions 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, agricul-
tural 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 mo-
tion 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 pro-
vide any bond, undertaking, recognizance, or other obliga-
tion 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 ap-
plication for, or has a valid certificate of, registration is-
sued 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 termi-
nated during the period in which the bond is executed un-
less 30 day’s notice is provided by the surety to the Sec-
retary.
‘‘(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
‘‘(1) has violated this Act or any regulation
under this Act or has violated the Fair Labor Stand-
ards 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 sus-
pend 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 re-
cruits’’ 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 em-
ployer 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 work-
ers’ compensation coverage,
‘‘(B) the name of the workers’ compensa-
tion 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 in-
formation 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 sub-
paragraph (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 para-
graph (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 agricul-
tural 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 sen-
tence the following: ‘‘Such disclosure statement shall
be dated and signed by the agricultural worker and
the person providing the information. Each agricul-
tural 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 AR-
RANGEMENTS.
Section 202 (29 U.S.C. 1822) is amended by adding
at the end the following:
‘‘(d) Each farm labor contractor, agricultural em-
ployer, or agricultural association which recruits any agri-
cultural worker shall, in disclosing the period of employ-
ment 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 disclo-
sure 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 contin-
gency 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 con-
tractor, agricultural employer, or agricultural association
involved and which are due to conditions which such per-
son 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 employ-
ment 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 agricul-
tural association.
‘‘(g) Each farm labor contractor, agricultural em-
ployer, or agricultural association which employs any agri-
cultural worker shall comply with all local, State, and Fed-
eral 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 para-
graph (2), this’’ and inserting in lieu thereof ‘‘This’’,
and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(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 con-
trolled 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.’’.
amended by striking out ‘‘MIGRANT AND SEA-
SONAL’’, and title III is repealed.
(b) REDESIGNATIONS.—Titles IV and V are redesig-
nated 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 redesig-
nated 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 in-
serting 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.
Æ
HR 1173 IH——2
HR 1173 IH——3