[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3317 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3317

To provide that each State may establish a pilot program for mediation 
of private rights of action under the Migrant and Seasonal Agricultural 
                         Worker Protection Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 1998

  Mr. Smith introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To provide that each State may establish a pilot program for mediation 
of private rights of action under the Migrant and Seasonal Agricultural 
                         Worker Protection Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary State Pilot Mediation 
Program for MSWPA Lawsuits Act of 1998''.

SEC. 2. ESTABLISHMENT OF PILOT MEDIATION PROGRAM BY STATES.

    (a) Prerequisite.--Each State may establish a pilot mediation 
program which would require that before a person may bring a private 
right of action under section 504(a) of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1854(a)) such person 
shall be required to submit the cause for such action to mediation 
under the pilot mediation program of such State.
    (b) Program Content.--A pilot mediation program of a State shall--
            (1) provide that the mediation shall be under a mediator 
        who is authorized by the administrator of such program in such 
        State and who is the unanimous choice of all parties to the 
        cause of action;
            (2) provide that any information or agreement derived from 
        mediation under such program shall be confidential;
            (3) allow all defending parties and all real parties in 
        interest to the mediation to retain and be represented by 
        counsel;
            (4) provide an opportunity for all parties to obtain 
        relevant information and evidence from the other parties to the 
        mediation; and
            (5) meet such other requirements as the State may require 
        to ensure that mediation may be accomplished under such 
        program.
    (c) Notification.--Each State which establishes a pilot mediation 
program as a prerequisite to an action under such section 504(a) shall 
notify the Secretary of Labor and the Secretary of Agriculture of such 
program.
    (d) Pilot Program Period.--A pilot mediation program shall only be 
in effect during the 60 month period beginning upon the expiration of 6 
months after the date of the enactment of this Act, except that if the 
legislature of a State will not be in session during such 6-month 
period, the pilot program shall be in effect in such State only during 
the 60 month period beginning upon the expiration of the legislative 
session of such State.

SEC. 3. REPORT BY SECRETARY OF AGRICULTURE.

    (a) Report.--The Secretary of Agriculture shall report to Congress 
one year before the expiration of the pilot program period under 
section 2(d) on--
            (1) the effectiveness of the pilot program in reducing 
        litigation under the Migrant and Seasonal Agricultural Worker 
        Protection Act; and
            (2) the beneficial effects of such litigation reduction on 
        agricultural production in States in which such a program was 
        in effect.
The Secretary may include in the report made under this section any 
recommendation on continuing or expanding, or both, the pilot program.
    (b) State Notice.--The Secretary of Agriculture shall take such 
action as may be appropriate to notify the States of the pilot program 
under section 2.
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