< Back to H.R. 1886 (106th Congress, 1999–2000)

Text of the MSPA Clarification Act of 1999

This bill was introduced on May 20, 1999, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 20, 1999 (Introduced).

Source: GPO

HR 1886 IH

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) 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 1999’.

    (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’.