[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2038 Introduced in House (IH)]







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) 
 introduced the following bill; which was referred to the Committee on 
                      Education 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 Representatives 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 amendment 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 provision 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 individual'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 
obtained 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 inserting at the end 
the following: ``Such term does not include a migrant or seasonal 
agricultural worker who voluntarily enters into carpool arrangements or 
who is directed or requested to do so by a person pursuant to Federal, 
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 conference is first held with such person to inform 
such person 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, agricultural 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 violation shall be allowed only 
where such agricultural employer, 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 effect.''.
    (b) Private Right of Action.--Section 504(a) (29 U.S.C. 1854(a)) is 
amended by adding at the end the following: ``If an agricultural 
employer, agricultural association, 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, agricultural 
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 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 
written notification alleging the violation and the prior violation 
occurred after the date this sentence 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 housing which is regulated 
and approved for health and safety by a Federal or State agency shall 
not be subject to regulation under this section.
    ``(e) Liability.--Subsection (a) of section 203 (29 U.S.C. 1823) is 
amended by adding at the end the following: ``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, respectively, and the 
following new section is inserted after section 521:

                           ``joint employment

    ``Sec. 522. (a) In determining if an agricultural employer, 
agricultural association, or farm labor contractor jointly employs any 
migrant or seasonal agricultural worker, 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 indirect, 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 responsibility for transportation of migrant and 
seasonal agricultural 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 migrant 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 responsibility 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 employment 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 arrangement among the workers themselves.''.

SEC. 9. DEFINITIONS.

    (a) Definition of Migrant Agricultural Worker.--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 REQUIREMENTS.

    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 applicable 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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