[Congressional Record Volume 152, Number 96 (Thursday, July 20, 2006)]
[Senate]
[Page S8062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Ms. Snowe):
  S. 3702. A bill to provide for the safety of migrant seasonal 
agricultural workers; to the Committee on Health, Education, Labor, and 
Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
with Senator Snowe that will provide our Nation's migrant agricultural 
and forest workers with a safe ride to work. The Farm and Forestry 
Worker Transportation Safety Act would require a designated seat and 
seatbelt for each person riding in a vehicle used to transport these 
workers.
  Today, many migrant workers travel to their jobs in dangerous and 
unsafe conditions. It is not uncommon for these workers to ride in 
overcrowded vans and trucks while sitting on benches and buckets with 
no access to seatbelts.
  According to the Bureau of Labor Statistics, 78 agricultural workers 
lost their lives and 440 were injured in transportation accidents in 
2004.
  I would like to take a moment to share with you just a few of the 
accidents that have resulted from the lack of adequate safety 
regulations for these workers:
  In December of 2005, two Guatemalan forest workers were killed when 
their vehicle crashed driving off icy roads in Washington. Five 
Guatemalan forest workers were killed in the same manner the previous 
year.
  In June of 2004, 2 migrant workers were killed in Port St. Lucie, FL, 
when their overcrowded van carrying 11 people rolled over on Interstate 
95. Two months later, 9 citrus workers were killed in Fort Pierce when 
their 15-passenger van rolled over and ejected all 19 passengers.
  In September 2002, 14 forestry workers were killed when their van 
transporting them to work toppled off a bridge in Maine.
  In August 1999, 13 tomato field workers were killed when their van 
slammed into a tractor-trailer in Fresno County, CA. Most of the 
victims were riding on three benches in the back of the van.
  As you can see, this issue does not just affect my home State of 
California. It is a problem that requires national attention. Congress 
needs to take action to ensure these workers safe travel to and from 
their jobs. My bill would seek to provide these workers with a 
designated seat and operating seatbelt.
  This legislation would also address the issue of converted vehicles. 
The bill would direct the Department of Transportation to develop 
interim seat and seatbelt safety standards for vehicles that have been 
converted for the purpose of transporting migrant workers. Owners and 
operators of these vehicles would have 7 years to make the necessary 
improvements so that their vehicles would meet the same safety 
standards as new vehicles.
  I hope my colleagues will join me in standing up for the safety of 
our Nation's migrant workforce.
  Mr. President, I request that the text of this legislation appear 
immediately following this statement in the Congressional Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3702

       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 ``Farm and Forestry Worker 
     Transportation Safety Act''.

     SEC. 2. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL 
                   AGRICULTURAL WORKERS.

       (a) Seats.--Except as provided in subsection (d), in 
     promulgating vehicle safety standards under the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 
     et seq.) for the transportation of migrant and seasonal 
     agricultural workers by farm labor contractors, agricultural 
     employers or agricultural associations, the Secretary of 
     Labor shall ensure that each occupant or rider in, or on, any 
     vehicle subject to such standards is provided with a seat 
     that is a designated seating position (as such term is 
     defined for purposes of the Federal motor vehicle safety 
     standards issued under chapter 301 of title 49, United States 
     Code).
       (b) Seat Belts.--Each seating position required under 
     subsection (a) shall be equipped with an operational seat 
     belt, except that this subsection shall not apply with 
     respect to seating positions in buses that would otherwise 
     not be required to have seat belts under the Federal motor 
     vehicle safety standards.
       (c) Performance Requirements.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Labor, shall issue minimum 
     performance requirements for the strength of seats and the 
     attachment of seats and seat belts in vehicles that are 
     converted, after being sold for purposes other than resale, 
     for the purpose of transporting migrant or seasonal 
     agricultural workers. The requirements shall provide a level 
     of safety that is as close as practicable to the level of 
     safety provided for in a vehicle that is manufactured or 
     altered for the purpose of transporting such workers before 
     being sold for purposes other than resale.
       (2) Expiration.--Effective on the date that is 7 years 
     after the date of enactment of this Act, any vehicle that is 
     or has been converted for the purpose of transporting migrant 
     or seasonal agricultural workers shall provide the same level 
     of safety as a vehicle that is manufactured or altered for 
     such purpose prior to being sold for purposes other than 
     resale.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to alter or modify the regulations contained in 
     section 500.103, or the provision pertaining to 
     transportation that is primarily on private roads in section 
     500.104(l), of title 29, Code of Federal Regulations, as in 
     effect on the date of enactment of this Act.
       (e) Definitions.--The definitions contained in section 3 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1802) shall apply to this section.
       (f) Compliance Date.--Not later than 1 year after such date 
     of enactment, and except as provided in subsection (c)(2), 
     all vehicles subject to this Act shall be in compliance with 
     the requirements of this Act.
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