Farm Labor Contractor Registration Act Amendments
PL 93-518 (S.3202), enacted 12/07/1974

Official re-
ceptions. 
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grams 
1652 
PUBLIC LAW 93-518-DEC. 7, 1974 
[88 STAT. 
relationships, for publicity or propaganda purposes, for the prepara-
tion, distribution, or use of any kit, pamphlet, booklet, publication, 
radio, television or film presentation designed to support or defeat 
legislation pending before the Congress, except in presentation to the 
Congress itself. 
GSA, spac^e 
gj,^.^ ^]^Q^ ^Q pg^j.^ Q
-
f ^^y appropriation contained in this Act shall 
be available for paying to the Administrator of the General Services 
Administration in excess of 90 percent of the standard level user 
charge established pursuant to section 210(j) of the Federal Property 
40 use 490. 
and Administrative Services Act of 1949, as amended, for space and 
services. 
SEC. 411. The Secretary of Labor and the Secretary of Health, Edu-
cation, and Welfare are each authorized to make available not to 
exceed $7,500 from funds available for salaries and expenses under 
Ante, pp. 1634, tltles I aud II, rcspectlvcly, for official reception and representation 
expenses. 
amr'"^'^'' "
^ ° 
^^^- ^^^- None of the funds appropriated by this Act shall be used 
to pay for any research program or project or any program, project, 
or course which is of an experimental nature, or any other activity 
involving human participants, which is determined by the Secretary 
or a court of competent jurisdiction to present a danger to the physical, 
mental, or emotional well-being of a participant or subject of such 
program, project, or course, without the written, informed consent of 
each participant or subject, or his parents or legal guardian, if such 
Regulations. 
participant or subject is under eighteen years of age. The Secretary 
shall adopt appropriate regulations respecting this section. 
Short title. 
This Act may be cited as the "Departments of Labor, and Health, 
Education, and Welfare Appropriation Act, 1975". 
Approved December 7, 1974. 
Public Law 93-518 
December 7, 1974 
^ 
AC i 
1
^
^
- 3202] 
rpo amend the Farm Labor Contractor Registration Act of 1963 to provide for 
the extension of coverage and to further effectuate the enforcement of 
such Act. 
Be it enacted l)y the Senate and House of Representatives of the 
co^^r^ct^or^Re is- United States of America in Congress assembled^ That (a) this Act 
tration Act Ad- 
may bc citcd as the "Farm Labor Contractor Registration Act Amend-
mendments of 
meUtS of 1974". 
^ 7^usc 2041 
(b) Unless the context otherwise requires, whenever in this Act 
note. 
an amendment is expressed in terms of an amendment to a section 
or other provision the reference shall be considered to be made to a 
section or other provision of the Farm Labor Contractor Registration 
Act of 1963 (7 U.S.C. 2041 et seq.). 
7 use 2042. 
gj,(._ 2^ Section 3 of the Act is amended by striking out the word 
"interstate" each place where it appears therein. The first sentence 
of section 3(b) is amended to delete therefrom the phrase "ten or 
more" and the phrase "at any one time in any calendar year". The 
second sentence of section 3(b) is amended to read as follows: "Such 
term shall not include— 
" (1) any nonprofit charitable organization, public or nonprofit 
private educational institution, or similar organization; 
88 STAT. ] 
PUBLIC LAW 93-518-DEC. 7, 1974 
1653 
"(2) any farmer, processor, canner, ginner, packing shed oper-
ator, or nurseryman who personally engages in any such activity 
for the purpose of supplying migrant workers solely for his own 
operation; 
"(3) any full-time or regular employe of any entity referred 
to in (1) or (2) above who engages in such activity solely for 
his employer on no more than an incidental basis; 
"(4) any person who engages in any such activity (A) solely 
within a twenty-five mile intrastate radius of his permanent place 
of residence and (B) for not more than thirteen weeks per year; 
"(5) any person who engages in any such activity for the pur-
pose of obtaining migrant workers of any foreign nation for 
employment in the United States if the employment is subject to— 
"(A) an agreement between the L^nited States and such 
foreign nation; or 
"(B) an arrangement with the government of any foreign 
nation under which written contracts for the employment 
of such workers are provided for and the enforcement thereof 
is provided for through the United States by an instrumen-
tality of such foreign nation; 
"(6) any full-time or regular employee of any person holding 
a certificate of registration under this Act; or 
"(7) any common carrier or any full-time regular employee 
thereof engaged solely in the transportation of migrant workers." 
SEC. 3. Section 3(d) of the Act is amended to read as follows: 
J use 2042. 
"(d) The term 'agricultural employment' means employment in el'^o'^menl^''^^ 
any service or activity included within the provisions of section 3(f) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or 
section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 
3121(g)) and the handling, planting, drying, packing, packaging, 
processing, freezing, or grading prior to delivery for storage of any 
agricultural or horticultural commodity in its unmanufactured state.". 
SEC. 4. Section 4 of the Act is amended by adding at the end thereof 
'' "sc 2043. 
the following new subsections: 
"(c) No person shall engage the services of any farm labor con-
tractor to supply farm laborers unless he first determines that the 
farm labor contractor possesses a certificate from the Secretary that is 
in full force and effect at the time he contracts with the farm labor 
contractor. 
"(d) Upon determination by the Secretary that any person know-
ingly has engaged the services of any farm labor contractor who does 
not possess such certificate as required by subsection (c) of this section, 
the Secretary is authorized to deny such person the facilities and 
services authorized by the Act of June 6,1933 (48 Stat. 113; 29 U.S.C. 
49 et seq.), commonly referred to as the Wagner-Peyser Act, for a 
period of up to three years.". 
SEC. 5. Section 5(a) is amended by— 
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(1) striking the word "and" after paragraph (2), 
(2) striking the period at the end of paragraph (3) and insert-
ing in lieu thereof a semicolon, and 
(3) adding the following new paragraphs: 
"(4) has filed, under such terms as the Secretary may pre- 
Filing o
f stat 
scribe, a statement identifying each vehicle to be used by the '"^'^ " 
applicant for the transportation of migrant workers, and all real 
property to be used by the applicant for the housing of migrant 
eertificate of 
registration. 
49 u s e prec. 
1 note. 
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PUBLIC LAW 93-518-DEC. 7, 1974 
[88 STAT. 
workers, during the period for which registration is sought, along 
with proof that every such vehicle and all such housing currently 
conform to all applicable Federal and State safety and health 
standards to the extent that such vehicle and all such housing 
are under the applicant's ownership or control; and 
"(5) has consented to designation of the Secretary as the agent 
available to accept service of summons in any action against such 
farm labor contractor at any and all times during which such 
farm labor contractor has departed from the jurisdiction in which 
such action is commenced or otherwise has become unavailable to 
accept service, under such terms and conditions as are set by the 
court in which such action has been commenced.". 
erl^e"'^^"''^ ''°''" 
SEC. 6. Scctlon 5(a) (2) is amended by striking the second sentence 
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and inserting in lieu thereof the following: "In no event shall the 
amount of such insurance be less than the amount currently applicable 
to vehicles used in the transportation of passengers in interstate com-
merce under the Interstate Commerce Act and regulations promul-
gated pursuant thereto, or amounts offering comparable protection to 
persons or property from damages arising out of the applicant's 
ownership of, operation of, or his causing to be operated any vehicle 
Regulations 
^^ provldcd herewith: Provided^ That the Secretary shall have the 
discretion to issue regulations requiring insurance in the highest 
amounts feasible which are less than the amounts currently applicable 
to vehicles used in the transportation of passengers in interstate com-
merce under the Interstate Commerce Act and regulations promul-
gated pursuant thereto, if the Secretary, after due and careful 
consideration, determines that the insurance coverage in such amounts 
is not available to farm labor contractor's in the same manner and in 
the same amounts as such coverage is available to other carriers used 
to transport passengers in interstate commerce;". 
ca^fon'o'f c'ertm- 
^^c. 7. Scctlou 5 (b) is amended by— 
cate." 
"
^ 
(1) striking "or" at the end of paragraph (9) ; 
(2) striking the period at the end of paragraph (10) and 
inserting a semicolon in lieu thereof; and 
(3) adding after paragraph (10) the following new paragraphs: 
" (11) is not in fact the real party in interest in any such appli-
cation or certificate of registration and that the real party in 
interest is a person, firm, partnership, association, or corporation 
who previously has been denied a certificate of registration, has 
had a certificate of registration suspended or revoked, or who does 
not presently qualify for a certificate or registration; or 
"(12) has used a vehicle for the transportation of migrant 
workers, or has used real property for the housing of migrant 
workers, while such vehicle or real property failed to conform 
to all applicable Federal and State safety and health standards, 
to the extent any such vehicle or real property has come within 
the ownership or control of such farm labor contractor." 
(4) striking "or prostitution", at the end of paragraph (7) and 
adding in lieu thereof the following: "prostitution, or peonage; 
where the date of the judgment of conviction of any crime as 
specified herein has been entered within a period of five years 
preceding the action of the Secretary under this subsection"; 
88 STAT. ] 
PUBLIC LAW 93-518-DEC. 7, 1974 
1655 
(5) striking all after the word "utilized" in paragraph (6) and 
inserting in lieu thereof the following: ", with knowledge, the 
services of any person, who is an alien not lawfully admitted for 
permanent residence, or who has not been authorized by the 
Attorney General to accept employment;". 
SEC. 8. Section 5 is amended by adding at the end thereof the 
^ ^^^- 2044. 
following new subsection: 
"(d) Persons issued a certificate of registration under this section 
shall provide the Secretary a notice of each and every address change 
within ten days after such change. The Secretary shall maintain a 
PjbUc centrc.i 
public central registry of all persons issued certificates of registration "^^'^^"y-
under this section. Persons issued a certificate of registration under 
this section shall provide to the Secretary documentation required 
under section 5(a) (4) of the Act applicable to any vehicle which the 
applicant obtains for use in the transportation of migrant workers 
and any real property which the applicant obtains or learns will be 
used for the housing of migrant workers during the period for which 
the certificate of registration is issued, within ten days after he obtains 
or learns of the intended use of such vehicle or real property, to the 
extent that such vehicle or such real property is under the ownership 
of control of such persons who have been issued certificates of 
registration.". 
Si,c. 9. Section 6(a) of the Act is amended by inserting immediately 
7 use 2045. 
before the semicolon at the end thereof the following: "and shall be 
denied t]\o facilities and services authorized by the Act of June 6,1933 
(29 U.S.C. 49 et seq.). upon refusal or failure to exhibit the same". 
SEC. 10. Section 6(b) of the Act is amended by striking the word 
"and" before paragraph (5), and by striking the semicolon at the end 
of paragraph (5) and adding at the end thereof the following: "(6) 
the period of employment, (7) the existence of a strike or other con-
certed stoppage, slowdown, or interruption of operations by employees 
at a place of contracted employment, and (8) the existence of any 
arrangements Avith any owner, proprietor, or agent of any commercial 
or retail establishment in the area of employment under which he is 
to receive a commission or any other benefit resulting from any sales 
provided to such commercial or retail establishment from the migrant 
workers whom he recruits. The disclosure required under this subsec-
tion shall be in writing in a language in which the worker is fluent, and 
written in a manner understandable by such worker's on such forms 
and under such terms and conditions as the Seci'otary shall pi-escribe." 
SEC. 11. (a) Section 6 is amended by— 
(1) striking "and" after paragraph (d), 
(2) striking the period at the end of paragraph ((5) and insert-
ing in lieu thereof a semicolon, and 
(3) adding at the end thereof the following now paragraphs: 
"(f) refrain from recruiting, employing, or utilizing, with 
Aliens empioy-
T 
T -, 
1 
. 
» 
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1 
• 
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ment, prohibition. 
knowledge, the services 01 any person, wlio is an alien not Jaw-
fully admitted for permanent residence or who has not been 
authorized by the Attorney General to accept employment; 
"(g) promptly pay or contribute when due to the individuals 
entitled thereto all moneys or other things of value entrusted to 
the farm labor contractor by any farm operator for such purposes; 
and 
Disclosure ol" 
information. 
7 u s e 2045. 
Information, 
availability. 
7 u s e 2041. 
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PUBLIC LAW 93-518-DEC. 7, 1974 
[88 STAT. 
"(h) refrain from requiring any worker to purchase any goods 
solely from such farm labor contractor- or any other person."' 
(b) Section 6(e) of the Act is amended by striking "interstate" 
each time it appears. 
(c) Section 6(e) of the Act is further amended by striking the 
last sentence and substituting the following: "He shall additionally 
provide to the person to whom any migrant worker is furnished all 
information and records required to be kept by such contractor under 
this subsection, and all information required to be provided to any 
migrant worker under this subsection. The Secretary may prescribe 
appropriate forms for the recording of information required by this 
subsection;". 
(d) Section 2(b) of the Act is amended by striking the word "inter-
state" the second time it appears. 
Hearings or in- 
gj,^. i<2,. Sectlou 7 is amended by adding at the end thereof the 
7 use 2046. 
following: "The Secretary may issue subpenas requiring the attend-
ance and testimony of witnesses or the production of any evidence in 
connection with such investigations. The Secretary may administer 
oaths and affirmations, examine witnesses, and receive evidence. For 
the purpose of any hearing or investigation pi-ovided for in this 
^ 
chapter, the provisions of sections 9 and 10 of the Federal Trade 
Commission Act of September 16, 1914 (15 U.S.C. 49, .50) (relating 
to the attendance of witnesses and the production of books, papers, 
and documents), are made applicable to the jurisdiction, powers, and 
duties of the Secretary. The Secretary shall conduct investigations 
in a manner which protects the confidentiality of any complainant or 
other party who provides information to the Secretary with respect 
to which the Secretary commences an investigation. The Secretary 
shall monitor and investigate activities of farm labor contractors in 
such manner as is necessary to enforce the provisions of this Act.". 
SEC. 18. Section 9 of the Act is amended by inserting the subsection 
designation " ( a ) " at the beginning thereof; by striking out "or any 
I'egulation prescribed hereunder"; and by striking the pei'iod at the 
end thereof and adding the following: ". sentenced to a prison term 
not to exceed one year, or both, and upon conviction for any subsequent 
violation, shall be punishable by a fine not to exceed $10,000 or sen-
tenced to a prison term not to exceed three years, or both. The Secre-
tary shall report on enforcement of the provisions of this Act in the 
annual report of the Secretary required puisuant to section 9 of the 
Act entitled 'An Act to create a Department of Labor', approved 
March 4, 1913 (37 Stat. 738, 29 U.S.C. 560). The reporting hereunder 
shall include, but shall not be limited to, a description of efforts to 
monitor and investigate the activities of farm labor contractors, the 
number of persons to Avlioni certificates of registration have been issued, 
the number of complaints of violation received by the Secretary and 
their disposition, and the number and nature of any sanctions imi)osed. 
^^"^^^^y- 
"(b)(1) Any person who commits a violation of this Act or any 
I'egulations promulgated under this Act, may be assessed a civil money 
penalty of not more than $1,000 for each violation. The penalty shall be 
assessed by the Secretary upon written notice, under the procedures set 
forth herein. 
Penalties. 
7 u s e 2048. 
Annual report. 
88 STAT. ] 
PUBLIC LAW 93-518-DEC. 7, 1974 
1657 
" (2) The person assessed shall be afforded an opportunity for agency 
Hearing. 
hearing, upon request made within thirty days after the date of issu-
ance of the notice of assessment. In such hearing, all issues shall be 
determined on the record pursuant to section 554 of title 5, United 
States Code. The agency determination shall be made by final order 
subject to review only as provided in paragraph (3). If no hearing is 
requested as herein provided, the assessment shall constitute a final and 
unappealable order. 
"(3) Any person against whom an order imposing a civil money 
Judicial review. 
penalty has been entered after an agency hearing under this section 
may obtain review by the United States district court for any district 
in which he is located or the United States District Court for the Dis-
trict of Columbia by filing a notice of appeal in such court within 
thirty days from the date of such order, and simultaneously send-
ing a copy of such notice by registered mail to the Secretary. The 
Secretary shall promptly certify and file in such court the record 
upon which the penalty was imposed. The findings of the Secretary 
shall be set aside if found to be unsupported by substantial evidence 
as provided by section 706(2) (E) of title 5, United States Code. 
"(4) If any person fails to pay an assessment after it has become 
Assessments, 
a final and unappealable order, or after the court has entered final 
judgment in favor of the agency, the Secretary shall refer the matter 
to the Attorney General, who shall recover the amount assessed by 
action in the appropriate United States district court. In such action 
the validity and appropriateness of the final order imposing the 
penalty shall not be subject to review. 
"(5) All penalties collected under authority of this section shall 
be paid into the Treasury of the United States. 
"(c) Notwithstanding subsections (a) and (b) of this section, any 
Penalty. 
farm labor contractor who commits a violation of subsection 6(f) 
of the Act or any regulations promulgated thereunder shall upon 
^"'^' P- i^ss. 
conviction be fined not to exceed $10,000 or sentenced to a prison 
term not to exceed three years, or both, if the person committing such 
violation has failed to obtain a certificate of registration pursuant 
to this Act or is one whose certificate has been suspended or revoked 
by the Secretary." 
SEC. 14. (a) The Farm Labor Contractor Registration Act of 1963 
is amended by redesignating sections 12, 13, and 14 thereof as sec- 2053^^*^ ^°^^ 
tions 15, 16, and 17, respectively, and by inserting after section 11 
the following: 
u 
CIVIL RELIEF 
"SEC. 12. (a) Any person claiming to be aggrieved by the violation 
of any provision of this Act or any regulation prescribed hereunder 
may file suit in any district court of the United States having juris-
diction of the parties without respect to the amount in controversy 
or without regard to the citizenship of the parties and without regard 
to exhaustion of any alternative administrative remedies provided 
herein. 
"(b) Upon application by the complainant and in such circum-
stances as the court may deem just, the court may appoint an attorney 
for such complainant and may authorize the commencement of the 
7 use 2050a. 
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PUBLIC LAW 93-518-DEC. 7, 1974 
[88 STAT. 
^^^' 
action. If the court finds that the respondent has intentionally violated 
any provision of this Act or any regulation prescribed hereunder, it 
may award damages up to and including an amount equal to the 
amount of actual damages, or $500 for each violation, or other equi-
table relief. Any civil action brought under this section shall be subject 
to appeal as provided in chapter 83 of title 28, United States Code. 
Injunction. 
«(^(.^ jf upon investigation the Secretary determines that the pro-
visions of this Act have been violated, he may petition any appropriate 
district court of the United States for temporary or permanent injunc-
tive relief. 
"(d) Except as provided in section 518(a) of title 28, United 
States Code, relating to litigation before the Supreme Court, the 
Solicitor of Labor may appear for and represent the Secretary in any 
civil litigation brought under this Act but all such litigation shall 
be subject to the direction and control of the Attorney General. 
7 use 2050b. 
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DISCRIMINATION PROHIBITED 
"SEC. 13. (a) No person shall intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate against any 
migrant worker because such worker has, with just cause, filed any 
complaint or instituted or caused to be instituted any proceeding under 
or related to this Act or has testified or is about to testify in any 
such proceedings or because of the exercise, with just cause, by such 
worker on behalf of himself or others of any right or protection 
afforded by this Act. 
"(b) Any worker who believes, with just cause, that he has been 
discriminated against by any person in violation of this section may, 
within one hundred eighty days after such violation occurs, file a 
complaint with the Secretary alleging such discrimination. Upon 
receipt of such complaint, the Secretary shall cause such investigation 
to be made as he deems appropriate. If upon such investigation, the 
Secretary determines that the provisions of this section have been 
violated, he shall bring an action in any appropriate United States 
district court against such person. In any such action, the United 
States district courts shall have jurisdiction, for cause shown, to 
restrain violation of subsection (a) and order all appropriate relief 
including rehiring or reinstatement of the worker, with back pay, 
or damages. 
"RECORDKEEPING 
"SEC. 14. Any person who is furnished any migrant worker by a 
farm labor contractor shall maintain all payroll records required to be 
kept by such person under Federal law, and with respect to migrant 
workers paid by a farm labor contractor such person shall also obtain 
from the contractor and maintain records containing the information 
required to be provided to him by the contractor uncfer section 6(e) of 
7 use 2045. 
the Act." 
SEC. 15. The Act is amended by addition at the end thereof of the 
following new sections: 
"WAIVER OF RIGHTS 
"SEC. 18. Any agreement by an employee purporting to waive or to 
modify his rights hereunder shall be void as contrary to public policy, 
except a waiver or modification of rights or obligations hereunder in 
favor of the Secretary shall be valid for purposes of enforcement of 
the provisions of the Act. 
88 STAT. ] 
PUBLIC LAW 93-521-DEC. 14, 1974 
1659 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 19. There are authorized to be appropriated to carry out the 
^ "^^ ^oss. 
purposes of this Act such sums as may be necessary for the effective 
enforcement of this Act." 
SEC. 16. Section 17 of the Act (as redesignated by this Act) is 
^ "^c 2053. 
amended by striking "of sections 4,5,6, and 8". 
Approved December 7, 1974. 
Public Law 93-519 
AN ACT 
December 13,1974 
To amend section 2 of title 14, United States Code, to autliorize icebreaking 
[S.3308] 
operations in foreign waters pursuant to international agreements, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 2 of 
?^°brla^'ir'^' 
title 14, United States Code, is hereby amended by inserting the words ope'^rations, 
"shall, pursuant to international agreements, develop, establish, main-
tain, and operate icebreaking facilities on, under, and over waters other 
than the high seas and waters subject to the jurisdiction of the United 
States;" immediately before the words "shall engage in oceanographic 
research". 
Approved December 13, 1974. 
Public Law 93-520 
A N A C T 
December 13, 1974 
To extend for one year the time for entering into a contract under section 106 
[S.3546] 
of the Water Resources Development Act of 1J>74. 
Be it enacted hy the Senate a7id House of Representatives 
of the 
United States of America in Congress assembledy That section 106 of 
the Water Eesources Development Act of 1974 (Public Law 93-251) 
^"'e- P- 42. 
is amended by striking out "June 1,1974" and inserting in lieu thereof 
"June 1, 1975". 
Approved December 13, 1974. 
Public Law 93-521 
A N A C T 
December 14, 1974 
To provide that Mansfield Lake, Indiana, shall be known as "Cecil M. Harden 
^^' ^^^^1 
Lake". 
Mansfield Lake , 
Ind. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That Mansfield 
Lake, Indiana, created under authority of the Act entitled "An Act 
Name change 
authorizing the construction of certain public works on rivers and 
harbors for flood control, and for other purposes", approved June 28, 
1938 (52 Stat. 1215, as amended and supplemented) shall be known 
^^ use 7oib. 
and designated hereafter as "Cecil M. Harden Lake". Any law, regu-
lation, map, document, or record of the United States in which such 
lake is referred to shall be held to refer to such lake as Cecil M. 
Harden Lake. 
Approved December 14, 1974.