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) in-
troduced 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 1999’’.
(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-
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 responsi-
bility 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’’.
Æ