Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1668797
label
1974/12/07 S3202 Farm Labor Contractor Registration Act Amendments of 1974
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1668797
sourceUrl
contentType
document
title
1974/12/07 S3202 Farm Labor Contractor Registration Act Amendments of 1974
citationUrl
collections
White House Records Office: Legislation Case Files
Legislation Case Files
subjects
Agriculture
Legislation
Migrant labor
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1668797
coverageEndDate
logicalDate
1974-12-31
month
12
year
1974
coverageStartDate
logicalDate
1974-12-01
month
12
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
b2437742e3d54359
ocrText
The original documents are located in Box 14, folder "1974/12/07 S3202 Farm Labor
Contractor Registration Act Amendments of 1974" of the White House Records Office:
Legislation Case Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
from Box 14 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED74
ACTION
statementa/9/74
THE WHITE HOUSE
Last Day: December 9
WASHINGTON
December 6, 1974
is
arthives
12/9
MEMORANDUM FOR
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
Attached for your consideration is S. 3202, sponsored
by Senator Nelson, which amends the Farm Labor Contractor
Registration Act of 1963 by extending coverage, strengthening
enforcement mechanisms, and establishing a Federal civil
remedy for persons aggrieved by violations of the Act.
The enrolled bill is the Congressional response to your
veto of H.R. 13342 on October 29, 1974. S. 3202 deletes
the objectionable personnel rider, as you requested in
your veto message.
OMB recommends approval and provides you with additional
background information in its enrolled bill report (Tab A).
Bill Timmons and Phil Areeda recommend approval. Paul
Theis has approved the text of the proposed signing
statement.
RECOMMENDATION
That you sign S. 3202 (Tab B) and approve the proposed
signing statement (Tab C).
NR7
Approve Signing Statement
Disapprove Signing Statement
PRESIDENTIAL SIGNING STATEMENT ON S. 3202
THE "FARM LABOR CONTRACTOR
REGISTRATION ACT AMENDMENTS OF 1974"
In the decade since enactment of the "Farm Labor Contractor
Registration Act of 1963," it became apparent that the law did not
adequately protect migrant farm workers from various abuses. For
about a year, the Administration has worked with the Congress to
develop legislation to improve the act. There has been give and take
on all sides. I am pleased that this cooperation has greatly strengthened
the Act.
On October 29, 1974, I vetoed a similar bill, H.R. 13342.
It contained an objectionable rider entirely unrelated to improving
the working conditions of migrant workers. The rider would have
changed the classifications of certain Department of Labor administrative
law judges, members of the Benefits Review Board, and other persons
in no way involved with migrant workers. At that time, I urged the
Congress to reenact this legislation without the objectionable rider.
I am very pleased that it has done SO.
This legislation, S. 3202, makes a number of improvements
in the act, including the following:
-- The act's coverage is expanded. Under existing law, a
crew leader has to be recruiting migrant workers on an interstate
basis -- 10 or more workers at any one time -- before being required
- 2 -
to register as a farm labor contractor. This bill removes these
restrictions except with respect to those operating within a 25-mile
intrastate radius of their homes and for 13 weeks a year or less.
This provides protection for many more migrant workers under the
act.
- - Sanctions against violators are expanded. The only penalty
which may be imposed against crew leaders who violate the present
law is a $500 fine. It has been relatively ineffective against violations.
This legislation adds a jail sentence of up to one year to the present
$500 criminal fine, and a maximum fine of $10,000 as well as a
maximum three-year jail sentence for subsequent violations - - including
unregistered crew leaders who knowingly recruit illegal aliens.
The Labor Department is now authorized additionally to seek injunctions
and assess administrative civil money penalties. Private individuals
also have the right to bring civil suits. Those discriminated against
are offered means to exercise their rights under the act. The Labor
Department is also given increased investigatory authority. In short,
crew leaders now have greater responsibilities toward the migrant
workers they recruit.
-- Other leaders' responsibilities are increased. Under this
legislation, crew leaders must obtain increased vehicle insurance
coverage, and provide transportation and housing which satisfy
- 3 -
State and Federal health and safety requirements. Crew leaders
must make a complete employment disclosure to the migrant
workers they recruit. This disclosure must now be written, and
in a language in which the workers are fluent.
- - The act prohibits use of unregistered crew leaders and
calls for improved recordkeeping.
I strongly believe that these and the other amendments to the
Farm Labor Contractor Registration Act will go a long way toward
improving the working conditions of our Nation's migrant farm
workers. I therefore am pleased today to sign into law the Farm
Labor Contractor Registration Act Amendments of 1974.
###
APPROVED
EXECUTIVE OFFICE OF THE PRESIDENT
DEC7-1974
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 3 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
Sponsor - Sen. Nelson (D) Wisconsin
Last Day for Action
December 9, 1974 - Monday
Purpose
Amends the Farm Labor Contractor Registration Act of 1963
by extending coverage, strengthening enforcement mechanisms,
and establishing a Federal civil remedy for persons
aggrieved by violations of the Act.
Agency Recommendations
Office of Management and Budget
Approval
Department of Labor
Approval (Signing
statement attached)
Department of Justice
Defers to Labor
Discussion
The enrolled bill is the congressional response to your veto
of H.R. 13342 on October 29, 1974. That veto was based upon
a rider--unrelated to the provisions of the bill concerning
farm workers--which would have reclassified hearing officer
positions in the Department of Labor, and would have declared
the employees in those positions to be Administrative Law
Judges without regard to their capacity to fill such positions.
Approval of the predecessor bill would have resulted in a
large number of persons who were hired noncompetitively being
converted by law to competitive status. Moreover, the grade
level of these positions would have been raised from GS-15
to GS-16, creating a serious precedent for over 400 similar
positions in the Social Security Administration, now graded
as GS-15.
2
S. 3202 deletes the objectionable personnel rider, as you
requested in your veto message. It is virtually identical
in all other respects with the earlier bill. The only
differences are some technical changes in provisions which
the Congress had earlier not included in the bill, but had
handled via a floor colloquy to establish legislative
history. These include:
(1) Section 2 of H.R. 13342 would have amended the
Farm Labor Contractor Registration Act to cover all
persons engaging in the activities of a farm labor
contractor. S. 3202 would exempt from coverage purely
local and occasional intrastate contractors--i.e. those
who operate no more than 25 intrastate miles from their
homes and no more than 13 weeks a year.
(2) H.R. 13342 contained a provision requiring that
a grower first must "observe" a valid certificate of
registration in the possession of a farm labor contractor
before using his services. S. 3202 would instead require
that a grower make a determination that a contractor
possesses such a certificate.
(3) Another provision of H.R. 13342 would have
permitted the Department of Labor to deny, suspend, or
fail to renew the license of any farm labor contractors
who used an illegal alien. The enrolled bill would require
that such alien labor be used "with knowledge" before
Labor could take such action against the contractor.
(4) H.R. 13342 would have provided for assessment of
civil money penalties only for violation of regulations
issued under the Act. Under S. 3202, such penalties would
be assessed for violations of the Act itself as well as
violations of regulations.
(5) Under the antidiscrimination provisions of
H.R. 13342, workers would have had only 30 days to file a
retaliation complaint with Labor. Under S. 3202, workers
would be given 180 days to file such complaints. In
addition, under H.R. 13342, a court could order all
appropriate relief in antidiscrimination cases, including
rehiring, reinstatement and damages of up to $1,000.
S. 3202 specifies the additional remedy of back pay.
3
A summary of the major amendments to the Farm Labor
Contractor Registration Act in S. 3202, excerpted from
our memorandum of October 25, 1974 on H.R. 13342, is
attached.
The Civil Service Commission, which had recommended
disapproval of H.R. 13342, has advised us informally
that S. 3202 is acceptable, since the objectionable rider
has been removed.
The Labor Department, in strongly recommending approval,
states:
"Certain provisions of this legislation still do
not reflect the views of this Department. However,
we believe that this bill is better than the bill
vetoed by the President and substantially improves
the effectiveness of the Farm Labor Contractor
Registration Act. It will afford needed protection
for the Nation's migrant farm workers."
mefred H. Rommel
Assistant Director for
Legislative Reference
Enclosures
ATTACHMENT
SUMMARY OF H.R. 13342
Farm Labor Contractor Registration Act
Amendments of 1974
The Farm Labor Contractor Registration Act of 1963 sought
to curb widespread abuses against migrant and seasonal farm
laborers and the farmers who employ them by requiring that
all crew leaders who contract with farmers to provide
laborers register with the Secretary of Labor. Registra-
tion can be denied if an applicant has been convicted of
certain crimes, fails to perform contracts with farm
operators, or gives false or misleading information to
migrant workers concerning the terms of farm employment.
The Act requires all crew leaders to inform each worker
at the time of recruitment of specified terms of employment,
and post these terms at the worksite. If the crew leader is
the paymaster, he is required to keep payroll records and
follow tax withholding laws. Violation of any of the
requirements can result in the revocation of the certificate
or in criminal prosecution, with a fine of up to $500.
The Act is enforced by compliance officers in the Labor
Department's Wage-Hour Division, who check for a certificate
of registration or make a detailed investigation when a
complaint is received. Violations of the Act have been
widespread. Only 2,000 of an estimated 5,000 crew leaders
have registered. Enforcement is difficult because of
inadequate statutory authority to deter and correct any
abuses.
Provisions of the enrolled bill
H.R. 13342 would amend the Act in the following major respects:
(1) Coverage--Removes the present exemptions for crew
leaders operating within one State or recruiting less than
10 workers.
(2) Enforcement--Imposes affirmative duties upon the
Secretary of Labor to monitor and investigate activities
of contractors, and provides him with subpoena powers.
2
(3) Penalties--Strengthens penalty provisions of the
Act by (a) adding a possible one-year prison sentence to
the present $500 fine; (b) adding a new $10,000 fine,
imprisonment not to exceed three years, or both, for
subsequent violations of the Act, and for contractors who
knowingly hire illegal aliens; (c) empowering the
Secretary to assess a civil penalty for violation of
regulations under the Act, subject to judicial review.
(4) Civil relief--Empowers the Secretary of Labor to
seek injunctive relief in any U.S. District Court when he
determines that a violation of the Act has occurred;
allows persons aggrieved by violations of the Act to
bring civil suits in U.S. District Courts.
(5) Registration requirements--Adds requirements that
crew leaders must (a) post a minimum $5,000 bond; (b) provide
proof that vehicles and housing under the ownership or
control of the applicant meet Federal and State health and
safety standards.
(6) Insurance--Increases required insurance on vehicles
transporting farm workers to that required for other
interstate passenger vehicles by the Interstate Commerce
Commission.
(7) Other Farm Labor Contractor Registration Act
Amendments--The enrolled bill would impose new obligations
on registered farm labor contractors, such as more detailed
disclosure of employment information--including the
existence of a strike--in a language in which the worker is
fluent; increased reporting requirements; and the prohibition
of retaliation against any migrant worker for the exercise
of a right secured under the Act. A grower who uses workers
supplied by a crew leader would be required to maintain
payroll records, and assure that the crew leader has a
valid registration certificate.
10- q.m.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 5 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 15580 - Departments of Labor and
Health, Education, and Welfare and Related Agencies
Appropriation Act, 1975
Sponsor - Representative Flood (D), Pennsylvania
Last Day for Action: December 9; 1974, Monday
Activities Affected: Departments of Labor and Health, Education,
and Welfare; and other related agencies.
Budget
Enrolled
Congressional
Appropriations Requested:
Estimate
Bill
Change
(in millions)
33,531
33,046
-485
Outlay Effect: FY 1975: +$318 million
Highlights:
- A reduction of $1.2 billion for public assistance will probably
necessitate an FY 1975 supplemental in a like amount. If this
reduction is disregarded, the Congress added a net $701 million
in budget authority to the bill.
- Funds for comprehensive manpower assistance have been increased
$350 million.
- Increases of $787 million in education are related largely to
unrequested items in the area of student and institutional
assistance.
- Health programs are increased $410 million, the largest
increases being for programs of the National Institutes
of Health.
- Congress did not consider the revised requests you made for
this bill in your November 26 budget restraint message.
Recommendation: That you sign the bill and concurrently issue a
signing statement. Deferrals can be transmitted to the Congress
this month and rescissions can be included in the upcoming budget
documents.
pur an X Ash
Director
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 5 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 15580 - Departments of Labor
and Health, Education, and Welfare and Related
Agencies Appropriation Act, 1975
Sponsor - Rep. Flood (D), Pennsylvania
Last Day for Action
December 9, 1974 - Monday
Purpose
Appropriates for fiscal year 1975 a total of $33,045,856,000
in budget authority for the activities of the Departments of
Labor and Health, Education, and Welfare; and other agencies.
Agency Recommendations
Office of Management and Budget
Approval (signing statement
attached)
Affected Agencies
Approval (letter from Secre-
tary Weinberger
attached)
Discussion
The Congress received your message on restraining the 1975
budget the same afternoon that both Houses passed the conference
report on this bill. The enrolled bill does not reflect
Congressional consideration of your restrained requests for
this bill. In general, your budget restraint message asked
the Congress to consider several new and lower requests for
the bill and to pare back, in most other cases, to the level
you had earlier requested. Our analysis of the enrolled bill
compares Congressional action with your pre-restraint message
requests, but we have also noted in several cases the differences
between the bill and your restrained requests.
2
The budget authority provided by the enrolled bill is
$485 million below the February budget request, as amended,
of $33,531 million. This apparent decrease in total budget
authority is, however, misleading because if a single
decrease-- $1.2 billion for public assistance--is disregarded,
the Congress added a net $701 million in budget authority to
the bill.
The public assistance reduction reflects a disagreement between
the Congress and the Administration on the amount of funds
needed in fiscal year 1975 for this program. We believe that
the appropriation would not be sufficient to meet payments re-
quired by law for these grants for fiscal year 1975 and that
supplemental appropriations of about $1.5 billion would have to
be requested. While the bill appropriates an amount the Congress
believes to be sufficient, the conference report acknowledges the
possibility that the appropriation may not be sufficient and
directs the Comptroller General, in cooperation with the
Congressional Research Service, to present to the Appropriations
Committees of the House and Senate, not later than five days
after the submission of your fiscal year 1976 budget to the
Congress, a report estimating the amounts required for public
assistance for fiscal year 1975.
The disagreement over the public assistance funds is the
principal point of a similar disagreement over the outlay
effect of the bill. We believe that the bill will add $318 mil-
lion to 1975 outlays. The Congress, however, through the
conference report, declared its firm intention that the bill
not increase budgeted outlays and indicated its expectation
that rescissions and deferrals would be sent before the GAO
report on public assistance, as well as after the report if
warranted. As Secretary Weinberger points out in his attached
memorandum, the Congress has conditioned its promise to give
all consideration to these rescissions and deferrals by adding
factors outside the bill itself: "general economic conditions"
and "latest estimates of total Federal spending. This, the
Secretary maintains, will give Congress the final word on
whether or not reductions will be made in the event spending
attributable to this bill rises over the budget.
We recommend dealing with the outlay problems by (1) issuing
the attached signing statement which reminds the Congress of
its outlay statements and indicates your intention of sending
deferrals to the Congress shortly, (2) sending deferrals to the
Congress this month that would preserve the possibility of
staying within budgeted amounts, and (3) transmitting, in the
3
upcoming budget documents, the necessary rescissions. We
need to delay the rescission requests until the budget in
order to be able to propose firm amounts, these determina-
tions resting on a number of variables such as possible
absorption of pay costs. Conversely, we cannot delay the
deferrals until the budget if we are to maintain the possi-
bility of staying within budgeted outlays.
The following table summarizes Congressional action on the
1975 appropriations by major program category:
(In millions of dollars)
Budget
Estimate
Enrolled
Congressional
Considered
Bill
Change
Department of Health,
Education, and Welfare
30,265
29,424
-841
Health (excluding
National Institutes
of Health)
(1,452)
(1,539)
(+86)
National Institutes
of Health
(1,835)
(2,090)
(+256)
Education Division
(3,208)
(3,240)
(+33)
Social and Rehabilita-
tion Services)
(14,372)
(13,157)
(-1,215)
Office of the Secretary.
(121)
(105)
(-16)
Other (including Social
Security Adminis-
tration)
(9,277)
(9,292)
(+15)
Department of Labor
2,999
3,356
+357
Related Agencies
267
265
-2
Total (does not add
due to rounding)
33,531
33,046
-485
An analysis of significant changes in the bill follows:
Increases
Health
(increased by $410 million offsetting decreases discussed later)
- Funds for the National Institutes of Health traditionally
an area subject to Congressional additions would be
increased $265 million. The largest single increase appears
in funds for the National Cancer Institute where an additional
$92 million has been added. The total appropriation level for
the National Institutes of Health is $366 million over the
amount you requested in your 1975 budget restraint message,
including $125 million more than you sought for cancer re-
search spending.
4
- Increases totaling $89 million in the Alcohol, Drug Abuse,
and Mental Health Administration would provide additional
support for research, training, alcoholism projects, and
funding for an additional 226 positions. This appropriation
level is $108 million over the amount you requested in your
1975 budget restraint message.
- Increases of $12 million for the Center for Disease Control
are mainly for occupational health research and venereal
disease grants. The appropriation level is $13 million
over the amount you requested in your 1975 budget restraint
message.
- An additional $43 million for the Health Services Adminis-
tration includes an increase of $27 million for State
maternal and child health formula grants in fiscal year
1975. Also included in this increase is $10 million for
a higher level of emergency medical services, demonstra-
tion grants, and contracts.
- An increase of $7.5 million is provided for special
Federal operating subsidies for the Georgetown and George
Washington University medical and dental schools, as
authorized earlier this year in P.L. 93-389. Your budget
proposals did not provide for these subsidies.
Education
(increased by $787 offsetting decreases discussed later)
- Increases for several higher education student assistance
programs total $634 million. Included are increases for
the work-study program ($50 million), the direct student
loan program ($323 million), incentive grants for State
scholarships ($20 million), and supplemental opportunity
grants ($240 million). These increases are, however,
more properly characterized as shifts in funding within
an essentially unchanged total for student assistance.
The increases here are offset by reductions of $640 million
in the Administration's Basic Opportunity Grants program.
- An increase of $47 million in Federal support of college
and public libraries would restore funds for college
library resources, undergraduate instructional equipment,
and library training and demonstration activities, all of
which are unrequested items.
- The enrolled bill would provide $23 million in increased
support for grants to States for vocational education as
well as education professions development. The amount
provided is $34 million over the request included in your
budget restraint message.
5
- An increase of $23 million is provided for several
elementary and secondary education programs. The
increase includes: $18 million for the Follow Through
program and $5 million for the Educational Broadcasting
Facilities program.
Welfare
(increased by $51 million--offsetting decreases discussed later)
- The bill would increase funding for innovation and
expansion of vocational rehabilitation projects by
$23 million. The February budget had requested that
these projects, whose incentive stages are now complete,
be transferred from this 90% matching program to the
regular 80% matching State program.
- The bill would also add $11 million for vocational
rehabilitation training to maintain the 1974 program
level of $27.7 million. The budget had provided for
a lower level on the assumption that longer term and
degree training would be met by general non-categorical
éducational support programs.
- Three public assistance activities are increased as
follows:
State and local planning
$+4 million
Child welfare services
$+4 million
Training projects
$+9 million
Thus, these activities are restored to their 1974 levels
(before reduction of the 1974 appropriation by 5%).
The budget had reduced each of these items for specific
reasons: the child welfare activity to long-term stable
levels that prevailed before an increase in the 1974
program; the training projects to shift from categorical
training support; and the state and local training activity
for the imposition of tighter administration.
Comprehensive Manpower Assistance--Department of Labor
(increased by $350 million--no offsetting reductions)
- The $2.4 billion included in the enrolled bill, together
with the carryover from the 1974 appropriation, would
provide an obligation level of $2.8 billion for fiscal
year 1975. In accordance with your decisions on the
composition of items in your recent budget message,
Secretary Brennan informed the Congress in a November 21
letter that the Administration supported the $350 million
increase.
6
Decreases
Health
(decreased by $68 million--offsetting increases discussed earlier)
- Demonstration programs for health maintenance organiza-
tions were cut $40 million, and grants and contracts for
professional standards review organizations were reduced
by $21 million. You accepted these reductions in your
message on budget restraint on the grounds that the
reductions do not jeopardize essential activities.
Education
(decreased by $754 million--offsetting increases discussed earlier)
- Basic Opportunity Grant programs are decreased $640 million
but offset by increases in other higher education student
assistance programs, as discussed earlier.
- The enrolled bill provides $60 million less than requested
for the National Institute of Education. Fifty million of
the cut was accepted in your budget restraint message. Con-
sequently, no new programs will be started in 1975, program
continuations will be cut back by a third, and staff will
be cut 23%.
- The enrolled bill provides $13 million less than requested
for salaries and expenses, including a $6 million reduction
for program administration, a $2 million cut for planning
and evaluation, a $2 million reduction for general program
dissemination, and a $3 million decrease for the National
Center for Education Statistics.
Welfare
(decreased $1,266 million--offsetting increases discussed earlier)
- The bill's reduction in public assistance appropriations
assumes that the estimates for the three major public
assistance programs (Maintenance, Medicaid, and Social
Services) were overstated in the budget. In fact, the
Congress so reduced appropriations in 1974 that an advance
of $214 million from 1975 funds was required, which has to
be made up, and current estimates indicate overall 1975
public assistance costs may exceed the budget by about
$150 million. This would necessitate a supplemental of
approximately $1.5 billion for 1975. This reduction and
the disagreements surrounding it are discussed on page
two of this memorandum.
7
Recommendation
I recommend that you sign the bill into law and concurrently
issue a signing statement (draft attached).
paran Roy L. Ash
as
Director
Attachments
STATEMENT BY THE PRESIDENT
I have today signed H.R. 15580, the 1975 Appropriation
Act for the Departments of Labor and Health, Education, and
Welfare and related agencies.
The Congress intended that the appropriations provided
in H.R. 15580 should not exceed the 1975 budget. Never-
theless, amounts included in the bill for mandatory Federal
payments for public assistance are $1.2 billion below the
estimates in the budget. The conferees' report on the bill,
however, explicitly states that the "conferees are acutely
aware of the need to control inflation and of the need to
restrain spending as one means to achieve this objective."
The report states further, "The conferees have no intention
of approving budget (obligational) authority which will
ultimately result in spending in excess of the total budget
estimate for the bill." In conclusion, the conferees
declared the expectation and a willingness of the Congress
to consider fully deferrals and rescissions submitted by
the President to achieve these objectives.
I commend the Congress on this responsible approach
to reducing inflationary pressures. I believe, however,
that further review of mandatory public assistance spending
will confirm the need for significantly higher spending
than provided for in H.R. 15580. In the meantime, I will
submit, as expected by the report of the conferees,
deferrals to restrain spending for discretionary .programs
under this bill.
ACTION
THE WHITE HOUSE
Last Day: December 9
WASHINGTON
December 6, 1974
MEMORANDUM FOR
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
Attached for your consideration is S. 3202, sponsored
by Senator Nelson, which amends the Farm Labor Contractor
Registration Act of 1963 by extending coverage, strengthening
enforcement mechanisms, and establishing a Federal civil
remedy for persons aggrieved by violations of the Act.
The enrolled bill is the Congressional response to your
veto of H.R. 13342 on October 29, 1974. S. 3202 deletes
the objectionable personnel rider, as you requested in
your veto message.
OMB recommends approval and provides you with additional
background information in its enrolled bill report (Tab A).
Bill Timmons and Phil Areeda recommend approval. Paul
Theis has approved the text of the proposed signing
statement.
RECOMMENDATION
That you sign S. 3202 (Tab B) and approve the proposed
signing statement (Tab C).
Approve Signing Statement
Disapprove Signing Statement
12-3-74
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 3 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
Sponsor - Sen. Nelson (D) Wisconsin
Last Day for Action
December 9, 1974 - Monday
Purpose
Amends the Farm Labor Contractor Registration Act of 1963
by extending coverage, strengthening enforcement mechanisms,
and establishing a Federal civil remedy for persons
aggrieved by violations of the Act.
Agency Recommendations
Office of Management and Budget
Approval
Department of Labor
Approval (Signing
statement attached)
Department of Justice
Defers to Labor
Discussion
The enrolled bill is the congressional response to your veto
of H.R. 13342 on October 29, 1974. That veto was based upon
a rider--unrelated to the provisions of the bill concerning
farm workers--which would have reclassified hearing officer
positions in the Department of Labor, and would have declared
the employees in those positions to be Administrative Law
Judges without regard to their capacity to fill such positions.
Approval of the predecessor bill would have resulted in a
large number of persons who were hired noncompetitively being
converted by law to competitive status. Moreover, the grade
level of these positions would have been raised from GS-15
to GS-16, creating a serious precedent for over 400 similar
positions in the Social Security Administration, now graded
as GS-15.
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 759
Date: December 3, 1974
Time: 5:30
FOR ACTION: ROGer Semerad O.K
CC (for information): Warren Hendriks
Bill Timmons Ook,
Jerry Jones
Paul Theis edited
Phil Areeda noobj
Geoff Shepard no obj
FROM THE STAFF SECRETARY
DUE: Date: Friday, December 51 1974
Time: 11:00 a.m.
SUBJECT:
Enrolled Bill S. 3202 - Farm Labor Contractor
Registration Act Afeldmants of 1974
ACTION REQUESTED:
X
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
x. For Your Comments
Draft Remarks
REMARKS:
Please retinn to Judy Johnston, Ground Floor, West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 759
Date: December 3, 1974
Time: 5:30
FOR ACTION: Roger Semerad
CC (for information): Warren Hendriks
Bill Timmons
Jerry Jones
Paul Theis
Phil Areeda
Geoff Shepard
FROM THE STAFF SECRETARY
DUE: Date: Friday, December 6, 1974
Time: 11:00 a.m.
SUBJECT:
Enrolled Bill S. 3202 Farm Labor Contractor
Registration Act Amendments of 1974
ACTION REQUESTED:
X
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
Approve
12/4/74
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
December 4, 1974
MEMORANDUM FOR: MR. WARREN HENDRIKS
FROM:
WILLIAM E. TIMMONS
SUBJECT:
Action Memorandum - Log No. 759
Enrolled Bill S. 3202 - Farm Labor
Contractor Registration Act Amendments
of 1974
The Office of Legislative Affairs concurs in the attached
proposal and has no additional recommendations.
Attachment
THE WHITE HOUSE
LOG Centerly NO.: 759
ACTION MEMORANDUM
WASHINGTON
Date: December 3, 1974
Time: 5:30
ok/par
FOR ACTION: Roger Semerad
CC (for information): Warren Hendriks
Bill Timmons
Jerry Jones
Paul Theis
Phil Areeda
Geoff Shepard
ge 12/4/14
FROM THE STAFF SECRETARY
DUE: Date: Friday, December 6, 1974
Time: 11:00 a.m.
SUBJECT:
Enrolled Bill S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
ACTION REQUESTED:
X
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
Casserly-
Research :-
Their
1974 DEC 3 PM 8
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
PRESIDENTIAL SIGNING STATEMENT ON S. 3202
THE "FARM LABOR CONTRACTOR
REGISTRATION ACT AMENDMENTS OF 1974"
In the decade since the enactment of the "Farm Labor
became
Contractor Registration Act of 1963, " it has become apparent
that adequate to
the provisions law did of not the adiquately law/have not protect been
abrices
accomplish its purpose of protecting migrant farm workers from various
from abuses by farm labor contractors and
For
worked
about a year, the Administration has been working with the
Congress to develop legislation to improve the Act and there
has been give and take on all sides. I am pleased that time
this
spirite of cooperation has
greatly strengthened in legislation the greatly ast.
strengthening the Act.
On October 29, 1974, I vetoed a similar bill, H.R.
13342 because it contained an objectionable rider entirely wheley un-
related to improving the working conditions of migrant workers.
The rider would have changed the classifications of certain De-
partment of Labor Administrative Law Judges, members of the
Benefits Review Board, and other persons hearing in no way way Jolash involved lung" with cases mig cant workers.
^
At that time, I urged the Congress to reenact this legislation
without the objectionable rider and I am very pleased that it
this relevant logislation
has done so 0 and placed bofore me today for my signature
This legislation makes a number of improvements in the
Act, including the following:
- 2 -
-- The Act's coverage is expanded. Under the existing
law, a crew leader has to be recruiting migrant workers on an
interstate basis and recruiting 10 or more workers at any one
time before being required to register as a farm labor contrac-
tor. This bill removes these restrictions except with respect
to those operating within a 25-mile intrastate radius of their
homes and for 13 weeks a year or less. This
provide
pro-
tection for many more migrant workers under the Act.
-- Sanctions against violators are expanded. The only
penalty which may be imposed against crew leaders who violate
elt has been
the present law is a $500 fine. This has proven to be rela-
tively ineffective against violations. This legis-
lation adds a jail sentence of up to one year to the present
$500 criminal fine, and a maximum fine of $10,000 as well as
thre
a maximum year jail sentence for subsequent violations of the
Act including and for unregistered crew leaders who knowingly recruit
illegal aliens. In addition to the expanded criminal penalties,
the Labor Department will nambe now be authorized additionally to seek injunctions
is now
and assess administrative civil money penalties. Private in-
dividuals windel also have the right to bring civil suits, and
remedies are provided for those discriminated against are offered means
exercis their rights under the Act. The Labor Department
is also given increased investigatory authority. These pro-
Teln short
visions should GO a long way toward providing the weapons
needed to accurd that crew leaders Live their responsi-
how have greater
bilities toward the migrant workers they recruit.
- 3 -
Other
)
--
Crew leaders/ responsibilities are increased. Under
A
must
this legislation, crew leaders will be required to obtain in-
creased vehicle insurance coverage, and provide transportation
and housing which satisf applicable State and Federal health
and safety requirements. Crew leaders will must be required to make
employment the
a complete disclosure to migrant workers they recruit concerning
<
This
must now
their employment. In addition the disclosure will now have to
be written, and in a language in which the workers are fluent.
will
These provisions Should afford workers additional needed pro
tections and assure them greater information about the work for
which they are being recruited
The act prohibite
--- Provision is Made for prohibiting the use of un-
calls
registered crew leaders & and for improved recordkeeping -
^
1
I strongly believe that these and the other amendments
will
to the Farm Labor Contractor Registration Act should go a long
way toward improving the working conditions of our Nation's
migrant farm workers. I therefore am pleased today to sign
into law the I Farm Labor Contractor Registration Act Amendments
of 1974
SISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
DEC 3 1974
Honorable Roy L. Ash
Director, Office of
Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
In compliance with your request, I have examined a fac-
simile of the enrolled bill S. 3202, "To amend the Farm Labor
Contractor Registration Act of 1963 to provide for the exten-
sion of coverage and to further effectuate the enforcement of
such Act." "
Insofar as this Department is concerned, the bill is sub-
stantially similar to H.R. 13342 which the President vetoed
on October 29, 1974. The Department of Justice in an October
22d letter to your office deferred to the Department of Labor
on the question whether H.R. 13342 should receive Executive
approval. We take the same position with respect to S. 3202.
We do wish to note, however, that the Department's lack
of objection to section 14 of the bill, which would add a new
section 12 (d) to the Farm Labor Contractor Registration Act
authorizing the Solicitor of Labor, subject to the direction
and control of the Attorney General, to appear for and repre-
sent the Secretary of Labor in certain civil litigation brought
under the Act, is caused by the Department's adherence to a
compromise with respect to this bill only and does not represent
a formal change in the Department's position that Government
litigation should be conducted by the Attorney General.
Sincerely,
W.Rakestraw W. Vincent Rakestraw
Assistant Attorney General
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 759
Date:
December 3, 1974
Time: 5:30
FOR ACTION: Roger Semerad
cc (for information): Warren Hendriks
Bill Timmons
Jerry Jones
Paul Theis
Phil Areeda
Geoff Shepard
FROM THE STAFF SECRETARY
DUE: Date: Friday, December 6, 1974
Time: 11:00 a.m.
SUBJECT:
Enrolled Bill S. 3202 - Farm Labor Contractor
Registration Act Amendments of 1974
ACTION REQUESTED:
X
For Necessary Action
For Your Recommendations
-
Prepare Agenda and Brinf
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
No objection
P.Aula
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 759
Date: December 3, 1974
Time: 5:30
FOR ACTION: Roger Semerad
CC (for information): Warren Hendriks
Bill Timmons
Jerry Jones
Paul Theis
Phil Areeda
Geoff Shepard
FROM THE STAFF SECRETARY
DUE: Date: Friday, December 6, 1974
Time: 11:00 a.m.
SUBJECT:
Enrolled Bill S. 3202 Farm Labor Contractor
Registration Act Amendments of 1974
ACTION REQUESTED:
X
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor, West Wing
yes 10/6
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
DEC 2 1974
Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
This is in response to your request for our views on
the enrolled enactment of S. 3202 the "Farm Labor
Contractor Registration Act Amendments of 1974. "
This Department has supported legislation to improve
the Farm Labor Contractor Registration Act of 1963.
On November 9, 1973 and April 8, 1974, Assistant Secretary
DeLury testified before the House and Senate Subcom-
mittees involved respectively. In both statements,
he expressed our basic support for many of the concepts
embodied in this legislation. We have also provided
technical assistance to the Senate Labor and Public Wel-
fare Committee in connection with this bill and with the
bill vetoed by the President on October 29, 1974 because
of an unrelated rider.
With respect to strengthening of the Farm Labor Contractor
Registration Act of 1963, S. 3202 is essentially the same
as H.R. 13342, which was vetoed. However, this bill does
not contain the unrelated rider relating to the classi-
fication of certain Department of Labor administrative
law judges and members of the Benefits Review Board and
the status of individuals hearing Black Lung claims. In
his veto message, the President stated that he would sign
this legislation if the Congress would remove the un-
related rider. Besides deletion of the objectionable
rider, and correction of certain technical errors, this
bill differs in the following substantive ways from H.R.
13342, which we described in our October 22, 1974 letter
to you on that bill.
- 2 -
First, Section 2 of H.R. 13342 amended the Act to cover
all persons engaging in the activities of a farm labor
contractor. S. 3202 exempts from coverage those con-
tractors who engage in such activity no more than 25
intrastate miles from their homes and who also operate
as contractors for no more than 13 weeks a year. This
provides an exemption for purely local and occasional
intrastate contractors.
Second, Section 4 of H.R. 13342 required that a grower
first must "observe" a valid certificate of registration
in the possession of a farm labor contractor before using
his services. Section 4 of S. 3202 instead requires that
a grower make a determination that a contractor possesses
such a certificate. This provides growers with some in-
creased flexibility without releasing them from their
obligation to use only registered contractors.
Third, Section 7 (5) of H.R. 13342 permitted this Depart-
ment to deny, suspend, or fail to renew the license of
any farm labor contractor who used an illegal alien.
Section 7 (5) of S. 3202 requires that such use be with
knowledge before this Department could take such action
against the contractor.
Fourth, the civil money penalty provisions of section 13
of H.R. 13342 only provided for assessment of such penal-
ties for violation of regulations issued under the Act.
Section 13 of S. 3202 provides for assessments of civil
money penalties for violation of the Act itself as well
as for violation of regulations.
Fifth, under the antidiscrimination provisions of section
14 of H.R. 13442, workers were given only 30 days to file
a retaliation complaint with this Department. Under sec-
tion 14 of S. 3202, workers are given 180 days to file
such complaints.
Sixth, under the antidiscrimination provisions of section
14 of H.R. 13342, a court could order all appropriate re-
lief, including rehiring, reinstatement and damages of up
to $1,000. Section 14 of S. 3202 specifies the additional
remedy of back pay.
- 3 -
Certain provisions of this legislation still do not
reflect the views of this Department. However, we believe
that this bill is better than the bill vetoed by the
President and substantially improves the effectiveness
of the Farm Labor Contractor Registration Act. It will
afford needed protection for the Nation's migrant farm
workers.
Therefore, we strongly recommend that the President sign
this bill.
Sincerely,
John Jannon Secretary of Labor
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
DEC 3 1974
Honorable Roy L. Ash
Director, Office of
Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
'In compliance with your request, I have examined a fac-
simile of the enrolled bill S. 3202, "To amend the Farm Labor
Contractor Registration Act of 1963 to provide for the exten-
sion of coverage and to further effectuate the enforcement of
such Act."
Insofar as this Department is concerned, the bill is sub-
stantially similar to H.R. 13342 which the President vetoed
on October 29, 1974. The Department of Justice in an October
22d letter to your office deferred to the Department of Labor
on the question whether H.R. 13342 should receive Executive
approval. We take the same position with respect to S. 3202.
We do wish to note, however, that the Department's lack
of objection to section 14 of the bill, which would add a new
section 12 (d) to the Farm Labor Contractor Registration Act
authorizing the Solicitor of Labor, subject to the direction
and control of the Attorney General, to appear for and repre-
sent the Secretary of Labor in certain civil litigation brought
under the Act, is caused by the Department's adherence to a
compromise with respect to this bill only and does not represent
a formal change in the Department's position that Government
litigation should be conducted by the Attorney General.
Sincerely,
W. Restraw Vincent Rakestraw
Assistant Attorney General
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
PRESIDENTIAL SIGNING STATEMENT ON S. 3202
THE "FARM LABOR CONTRACTOR
REGISTRATION ACT AMENDMENTS OF 1974"
In the decade since the enactment of the "Farm Labor
Contractor Registration Act of 1963," it has become apparent
that the provisions of the law have not been adequate to
accomplish its purpose of protecting migrant farm workers
from abuses by farm labor contractors and crew leaders. For
about a year, the Administration has been working with the
Congress to develop legislation to improve the Act, and there
has been give and take on all sides. I am pleased that the
spirit of cooperation has resulted in legislation greatly
strengthening the Act.
On October 29, 1974, I vetoed a similar bill, H.R.
13342, because it contained an objectionable rider wholey un-
related to improving the working conditions of migrant workers.
The rider would have changed the classifications of certain De-
partment of Labor Administrative Law Judges, members of the
Benefits Review Board, and persons hearing "black lung" cases.
At that time, I urged the Congress to reenact this legislation
without the objectionable rider, and I am very pleased that it
has done so and placed S. 3202 before me today for my signature.
This legislation makes a number of improvements in the
Act, including the following:
- 2 -
-- The Act's coverage is expanded. Under the existing
law, a crew leader has to be recruiting migrant workers on an
interstate basis, and recruiting 10 or more workers at any one
time before being required to register as a farm labor contrac-
tor. This bill removes these restrictions except with respect
to those operating within a 25-mile intrastate radius of their
homes and for 13 weeks a year or less. This will provide pro-
tection for many more migrant workers under the Act.
-- Sanctionsagainst violators are expanded. The only
penalty which may be imposed against crew leaders who violate
the present law is a $500 fine. This has proven to be a rela-
tively ineffective deterrent against violations. This legis-
lation adds a jail sentence of up to 1 year to the present
$500 criminal fine, and a maximum fine of $10,000 as well as
a maximum 3-year jail sentence for subsequent violations of the
Act and for unregistered crew leaders who knowingly recruit
illegal aliens. In addition to the expanded criminal penalties,
the Labor Department will now be authorized to seek injunctions
and assess administrative civil money penalties. Private in-
dividuals will also have the right to bring civil suits, and
remedies are provided for those discriminated against for
exercising their rights under the Act. The Labor Department
is also given increased investigatory authority. These pro-
visions should go a long way toward providing the weapons
needed to assure that crew leaders live up to their responsi-
bilities toward the migrant workers they recruit.
- 3 -
-- Crew leaders" responsibilities are increased. Under
this legislation, crew leaders will be required to obtain in-
creased vehicle insurance coverage, and provide transportation
and housing which satisfies applicable State and Federal health
and safety requirements. Crew leaders will be required to make
a complete disclosure to migrant workers they recruit concerning
their employment. In addition, the disclosure will now have to
be written, and in a language in which the workers are fluent.
These provisions should afford workers additional needed pro-
tections and assure them greater information about the work for
which they are being recruited.
-- Provision is made for prohibiting the use of un-
registered crew leaders, and for improved recordkeeping under
the Act.
I strongly believe that these and the other amendments
to the Farm Labor Contractor Registration Act should go a long
way toward improving the working conditions of our Nation's
migrant farm workers. I therefore am pleased today to sign
into law the "Farm Labor Contractor Registration Act Amendments
of 1974."
Calendar No. 1228
93D CONGRESS
~
SENATE
REPORT
2d Session
No. 93-1295
FARM LABOR CONTRACTOR REGISTRATION ACT
AMENDMENTS OF 1974
NOVEMBER 21, 1974.-Ordered to be printed
Mr. NELSON, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
[To accompany S. 3202]
The Committee on Labor and Public Welfare, to which was referred
the bill (S. 3202) to amend the Farm Labor Contractor Registra-
tion Act of 1963 to provide for the extension of coverage and to further
effectuate the enforcement of such Act, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
BACKGROUND AND NEED FOR THE LEGISLATION
Migrant agricultural labor has been used extensively in this country
since the latter part of the nineteenth century. Typically the migrant
labor force has been composed of large ethnic blocks. During the early
part of this century, Chinese, Japanese, and Filipinos constituted the
majority of those who worked the West Coast fields, while their East
Coast counterparts included many Irish, Italian, and Scandinavian
workers. Today, the bulk of the migrant workforce is made up of
Mexican-Americans, Puerto Ricans, West Indians, and native born
black Americans.
Migrant and seasonal farm workers have long been among the most
exploited groups in the American labor force. Despite their hard toil
and valuable contribution to our nation's economy, their lot has
historically been characterized by low wages, protracted hours, and
horrid working conditions. The families, and particularly the childie
of these workers have also suffered from the typical symptoms of
chronic poverty-being undereducated, ill-fed, poorly housed, and
lacking even the most rudimentary health and sanitary facilities. The
tragedy is further compounded when it is realized that the victims of
this poverty are in fact the working poor, those who offer an honest
38-010
2
3
day's labor, but are denied the full benefits such work should provide,
In 1963, Congress sought to remedy some of these abuses by enacting
which are SO desperately needed to provide the most basic necessities
the Farm Labor Contractor Registration Act. In essence, that Act
of life.
requires that all contractors or "crew leaders" be registered with the
Exploitation of migrant and seasonal farm labor has continued
Secretary of Labor, upon a showing of moral and fiscal responsibility.
despite, or perhaps even because of, the startling transformation in
Registration is subject to denial if an applicant has been convicted of
American agriculture that has taken place since World War I.
certain crimes, fails to perform contracts with farm operators, or gives
The small family farm, though still many in number, has been effec-
false or misleading information to migrant workers concerning the
tively replaced because of productivity by large commercial opera-
terms of farm employment. The Act requires all crew leaders to inform
tions. Indeed, it is "agribusiness" which is now the mainstay of modern
each worker at the time of recruitment of (1) the expected area of
American farming. Although the impact of mechanization and crop
employment, (2) the crops and operations on which he will be em-
specialization has diminished the overall demand for farm workers
ployed, (3) the transportation facilities, (4) the types and cost of
generally, the periodic need for such seasonal labor remains acute.
housing upon arrival at each place of work, (5) the wage rates to be
Basically, there are two types of seasonal farm laborers: the mi-
paid, and (6) any charges that the crew leader expects to make for his
grants who travel from state-to-state along fairly established patterns
services. In addition, the crew leader is required at each place of em-
and those who live permanently in the agricultural area where they
ployment to post the terms and conditions of employment at that par-
work. In both cases, the primary users of such labor-farmers, growers,
ticular place. If he manages the housing facilities, he is required to
and packing shed operators, have experienced great difficulty in ob-
post the terms and conditions of occupancy. If he is the paymaster, he
taining a sufficient supply of agricultural labor either directly or
is required to keep payroll records and deduct from the wages all pay-
through the offices of the United States Employment Service.
ments required under Federal law. In regard to transportation. the
The result has been the emergence and evolution of the farm labor
crew leader is required to provide vehicle insurance. Violation of any
contractor to a position of prominence as the primary supplier of
of the above requirements can result in the revocation of the certificate
agricultural labor. Although the specific functions of the farm labor
or in criminal prosecution, with a fine up to $500, or both.
contractor, often called a "crew leader" or "crew pusher", might vary
However, testimony before the Congress has shown that the Act of
from job to job, his role essentially remains the same-a bridge be-
1963 has failed to achieve its original objectives. It has become clear
tween the operator and the worker. In many instances, the contractor
that the provisions of the Act cannot be effectively enforced. Non-
is not only the recruiter, hirer, and transporter, but acts as the super-
compliance by those whose activities the Act were intended to regu'ate
visor, foreman, and paymaster as well. In addition, the contractor fre-
has become the rule rather than the exception.
quently controls housing and other vital aspects of the workers' every-
Officials of the United States Department of Labor report that of
day needs. In the vast majority of cases, the crew leader is not only
an estimated 6,000 crew leaders operating across state lines, fewer
the link between the worker and the grower, but also acts as an inter-
than 2,000 are registered as required by the present law. Department
mediary with the non-farming community as well. In the latter role,
of Labor investigation of over 1,100 farm labor contractors last year
the crew leader functions as a sort of cultural broker, mediating be-
revealed violation of the Act by more than 70% of those checked.
tween the worker and the outside, often alien, community.
While those found in violation were brought into compliance with the
Because of these factors, the contractor has been permitted to exer-
Act, including getting those unregistered to register; the Department
cise an inordinate amount of leverage over the workplace situation.
was unable to locate thousands of unregistered crew leaders.
The contractor's unchallenged bargaining position is clearly one of
It is quite evident that the Act in its present form provides no real
detriment to both the farmworker and operator. Patterns of abuse
deterrent to violations. Since the Act's inception, only four persons
have been well documented in Congressional hearings over the years.
have been referred to the Department of Justice for criminal prose-
It is unfortunately an all too common experience for workers to be
cution; and only one person has ever been convicted and sentenced.
abused by farm labor contractors. Testimony revealed that in many
There are several causes for the Act's ineffective enforcement to
cases the contractor: exaggerates conditions of employment when he
date. These include the difficulty of proving that the contractor is
recruits workers in their home base, or that he fails to inform them
engaged in recruitment across state lines; the absence of any require-
of their working conditions at all; transports them in unsafe vehicles;
ment that those who benefit from the work of migrant laborers assume
fails to furnish promised housing, or else furnishes substandard and
responsibility for engaging only registered farm labor contractors;
unsanitary housing; operates a company store while making unitem-
the relatively mild penalties provided by the Act; and the lack of a
ized deductions from workers' paychecks for purchases, and pays the
private remedy for aggrieved workers. The Committee is deeply con-
workers in cash without records of units worked or taxes withheld.
cerned about this situation, and seeks to provide the Department with
Evidence has also emerged of contractor exploitation of farmers.
a more realistic arsenal of remedies in order to deter and correct the
The contractor would agree to arrive with a crew on a designated date,
widespread violations that now exist.
and simply fail to show up because better opportunities presented
The lack of adequate statutory authority with which to deter and
themselves elsewhere. This would leave the farmer with no help to
correct the abuses of migrant workers by farm labor contractors has
harvest his ripening crop. More common is the practice of leaving after
been compounded by the relatively meager resources available to the
the first picking when the second and third pickings become more diffi-
Department for enforcement and administration of the Act. The
cult, and consequently less profitable.
4
5
Committee urges the Department to reallocate its resources to the
maximum extent possible in order to assure a more effective enforce-
of whether these laws are being administered is such a manner as to be
consistent with the need to permit sufficient numbers of alien workers
ment effort.
The additional enforcement authority provided by the amendments
to enter the United States necessary for the havest of corps, and, at
should enable the Labor Department to select and apply corrective
the same time, the need to protect the jobs and wages of the domestic
action as needed for the differing types of violations it discovers in
work force. Accordingly, the Committee urges the Department of
its enforcement program. At present, the Department is basically
Labor, in collaboration with other appropriate agencies, to review
limited to a choice between referral for prosecution, which carries a
and examine the adequacy of the alien labor certification program in
nominal penalty of $500, or suspension or revocation of a certificate of
agriculture, and to report back to the Committee at the earliest possi-
ble date.
registration, in cases where the contractor has one. Such suspension
HISTORY OF THE LEGISLATION
under the applicable provisions of the Administrative Procedure Act
cannot be accomplished in the ordinary case without first giving the
S. 2070 was introduced on June 26, 1973 by the Chairman of the
contractor the opportunity. over a period of time, "to demonstrate or
Subcommittee on Employment, Poverty, and Migratory Labor (Sena-
achieve compliance with all lawful requirements."
tor Nelson). Hearings were held on February 8, 1974, in Fresno, Cali-
It is the intent of the amendments that the Labor Department
fornia and on April 8 and 9 in Washington, D.C. Testimony was
should no longer have to seek voluntary compliance with the law
offered by representatives of growers, farm labor contractors and mi-
from a violator who has plainly disregarded it. The Department
gratory and seasonal farm workers. Based on information developed
should clearly be able to institute proceedings to impose appropriate
at the initial hearing, Senator Nelson introduced a new bill, S. 3202,
statutory sanctions without unnecessary delay where there is clear
on March 20, 1974.
evidence of aggravated, serious, or repeated violations of the Act.
Numerous organizations presented favorable views including the
In such instances, the public interest requires that the contractor be
United States Department of Justice, the International Brotherhood
subject to immediate proceedings for suspension or withdrawal of his
of Teamsters, the United Farm Workers of America, AFL-CIO, the
certificate unless he can show cause to the contrary. Such violators
California Department of Industrial Relations, and the Colorado
should not be permitted to obtain postponement or avoidance of this
Department of Labor and Employment. The Department of Labor
sanction on the unrealistic assumption that they will comply volun-
has strongly endorsed the enactment of legislation to broaden and
tarily in the future.
strengthen the provisions of the Farm Labor Contractor Registration
The Committee is aware that illegal aliens have become an increas-
Act, and during the Subcommittee's hearings expressed its support
ingly large source of farm labor in this country, and that the services
for the provisions of S. 3202.
of a contractor are often utilized to procure this clandestine workforce.
Legislation (H.R. 13342) seeking to remedy many of the same defi-
Although the existing Act generally prohibits such activities by mak-
ciencies was passed by the House of Representatives on May 7, 1974.
ing it grounds for revoking or suspending the contractor's registration,
S. 3202 was reported out of Subcommittee, and after amendment
such sanction in itself is ineffective since the majority of contractors
by the Full Committee, its language was substituted for that passed
have in the past ignored the Act's registration requirement. Thus, if
by the House. H.R. 13342 as amended was then ordered reported by
this tide of illegal immigration is to be stemmed, stricter enforcement
unanimous voice vote from the Full Labor and Public Welfare Com-
and stronger penalties must be applied against those who violate the
mittee on August 15, 1974. There were no rollcall votes in Committee.
Act. These additional steps are necessary in light of the adverse
H.R. 13342 as amended was passed without dissent by the Senate
effect such importation of illegal aliens has had on the wages and job
on October 3. The following week, the House unanimously passed the
security of native Americans and lawfully admitted aliens, especially
bill with an amendment, and returned it to the Senate. On October 16,
in times of high unemployment.
the Senate accepted the amended version of H.R. 13342, and sent the
The Committee has been informed by the Commissioner of the Im-
bill to the President. On October 29, 1974, the President vetoed the
migration and Naturalization Service that some government agencies
bill, objecting to Section 17 which concerned administrative hearings
have permitted the employment of illegal aliens as tree planters,
and proceedings (H. Doc. 93-380).
thinners and other forest laborers by awarding contracts to forestry
The Committee thereupon reconsidered S. 3202, which was pend-
contractors who regularly employ aliens who have illegally entered
ing at the time H.R. 13342 was substituted for it. S. 3202 was re-
the United States. The provisions of this bill and its penalties are
drafted to conform basically with H.R. 13342 as engrossed, except
intended to apply to such contractors. The Committee urges the appro-
for the deletion of Section 17, and the addition of technical changes
priate authorities to investigate this matter and to take all steps
and certain modifications to reflect the Committee's original inten-
necessary to assure that such contracts are not awarded to these
tions regarding the registration of farm labor contractors. S. 3202
contractors.
was ordered reported to the Senate by the full Committee by unani-
The Committee has also received expressions of concern, particularly
mous voice vote on November 21, 1974.
from New Mexico State officials, about the administration of Federal
laws on the immigration and use of alien agricultural labor. There
SUMMARY OF THE LEGISLATION
has been particular criticism of these laws with respect to the issue
The purpose of S. 3202 is to remedy the deficiencies of the Farm
Labor Contractor Registration Act of 1963. The bill extends the Act's
coverage, and strengthens its enforcement mechanisms.
6
S. 3202 deletes the Act's limitation of coverage by including in-
trastate as well as interstate transactions, although dealings of a purely
local and casual nature continue to be exempted. The bill also adds
coverage for employment involving the processing of agricultural
commodities in an unmanufactured state.
The Secretary of Labor is authorized to issue a certificate of regis-
SECTION-BY-SECTION ANALYSIS
tration to applicants who fully describe their activities, who show
The following is an explanation of the provisions of S. 3202, as
proof of having vehicle insurance, and who have not been convicted of
reported by the Committee on Labor and Public Welfare.
certain specified crimes. All registered contractors are required to
carry and disclose such certificates of registration at designated times.
SHORT TITLE
The bill broadens the information requirement that the farm labor
contractor must provide migrant workers with regard to the nature of
The first section of this legislation provides that it may be cited
the worker's prospective employment. All such information must be
as the "Farm Labor Contractor Registration Act Amendments of
in writing, in a language in which the worker is fluent, and be in a
1974."
form prescribed by the Secretary of Labor.
COVERAGE
The bill requires farm labor contractors to establish proof that their
vehicles and property comply with federal and state health and safety
Section 2 amends certain definitions contained in section 3 of the
standards; and establishes amounts of vehicle insurance comparable to
Farm Labor Contractor Registration Act of 1963 (the "Act") as
amounts applicable to vehicles operating under the Interstate Com-
follows:
merce Act.
The limitation on coverage to those contractors who transport ten
S. 3202 also places responsibility for payroll recordkeeping on the
or more migrant workers at any one time is removed. The bill creates
person to whom workers are furnished by a contractor. However, con-
a new exemption for persons engaging in farm labor contracting
tractors would still be required to provide migrant workers with speci-
within a 25 mile intrastate radius for not more than 13 weeks each
fied payroll information.
year.
In addition, S. 3202 creates a Federal civil remedy for persons
A farmer, processor, canner, ginner, packing shed operator, or
aggrieved by violations of the Act. It also empowers the Secretary of
nurseryman is exempt if he personally recruits migrant workers for
Labor to enforce the Act through investigations, by the issuance of
his own operation. The Committee wishes to clarify the phrase "solely
subpoenas, and by the imposition of civil penalties for designated
for his own operation" as used in section 3 (b) (2) of the Act. The
serious violations of the Act, subject to administrative and judicial
Committee intends that application of this provision shall not neces-
review. The bill raises the maximum criminal penalties, and prohibits
sarily depend on where title to the commodities involved rests at the
discrimination against persons who exercise their rights under the Act.
time, but shall in the future depend on a full consideration of the
The bill redefines the Act's existing prohibition on contractors re-
economic realities of agricultural production and processing.
garding illegal aliens, and establishes a criminal penalty, in addition
It is also the intention of the Committee to include within the per-
to the current sanction of registration revocation, for certain violators.
sonal exemption for agricultural operators (Sec. 3 (b) (2) of the Act)
Any farm labor contractor who has not registered under the Act, or
any person who is a farmer within the meaning of section 3(f) of the
whose registration has been revoked or suspended, will be subject to
Fair Labor Standards Act. Thus, for example, grove care contractors
a criminal penalty of up to a $10,000 fine or a prison sentence of up
who perform all the farming operations for fruit grove owners re-
to 3 years (or both), if such contractor has knowingly engaged the
quired prior to harvest in producing a crop of fruit from the owner's
services of an illegal alien. Illegal alien has been redefined to mean any
groves have been considered "farmers" within the meaning of the
person who is an alien not lawfully admitted for permanent residence,
Fair Labor Standards Act (opinion of the Administrator on advice
or who has not been authorized by the Attorney General to accept
of the Solicitor of Labor, April 18, 1970, BNA-WHM 91:858r) and
employment.
would not be deemed farm labor contractors by virtue of any personal
ESTIMATE OF COST
engagement by them in activities solely for performance of their own
farming operations in the groves of the owners with whom they have
The Committee has determined on the basis of the increased number
contracted.
of persons who would be defined as farm labor contractors under this
In addition, the exemption in section 3 (b) (3) of the Act has been
legislation that it will be necessary to assign at least an additional
revised to apply to any full-time or regular employees of any entity
30 positions to the Department's Employment Standards Administra-
referred to in section 3(b) (1) or (2) if their covered activity is per-
tion. The Committee therefore estimates the additional cost associated
formed on no more than an incidental basis and is performed solely for
with the legislation to be $525,000 for fiscal year 1975, and $750,000
such entity. While employment relationships vary, it is the Commit-
in each fiscal year through 1979.
tee's intent that foremen and similar bona fide employees will not
(7)
8
9
have to register as Farm Labor Contractors if it can be shown, for
Secretary to be a stand-in for another person not eligible for a cer-
example, that they are full-time and permanent employees of an em-
tificate of registration, or where the Secretary determines that an
ployer, who utilizes a limited portion of their time for activities as
applicant has used a vehicle for the transportation of migrant workers,
defined in section 3 (b) of the Act.
or has used real property for the housing of migrant workers, which
The bill continues the Act's present exemption for charities, non-
does not conform with applicable federal and state health and safety
profit educational institutions, employees of registered farm labor con-
standards, and which is within the applicant's ownership or control.
tractors, and the recruitment of non-resident workers under agree-
The Secretary's current discretion to deny a certificate of registra-
ments with foreign governments. It creates a new exemption for any
tion to persons convicted of offenses designated in § 5(b) (7) of the Act
common carrier or employee thereof engaged solely in the transporta-
is limited by the bill to those convictions occurring within five years
tion of migrant workers.
preceeding an application.
Section 3 amends section 3 (d) of the Act providing coverage to all
aspects of commerce in agriculture, including that defined in either
REPORTING REQUIREMENTS
the Fair Labor Standards Act, Title 29 U.S.C. section 203 (f) or the
Internal Revenue Code, 26 U.S.C. section 3121(g), and other proc-
Section 8 adds a new subsection 5 (d) to the Act requiring registered
essing of agricultural or horticultural commodities in an unmanu-
farm labor contractors to report each change of address to the Secre-
factured state. This section, and others making conforming changes
tary within ten days. The subsection also requires each registrant
to additional sections of the Act, deletes the existing limitation of
to provide the Secretary with the documentation required in § (a) (5)
coverage to interstate activity, and thus extend coverage to farm labor
pertaining to health and safety standards of vehicles and real property
contractor activities which may occur entirely within one state.
acquired by the registrant during the year for which registration was
previously issued.
REGISTRATION REQUIREMENTS
DENIAL OF CERTAIN FACILITIES AND SERVICES
Section 4 of the bill amends Section 4 of the Act by requiring
that persons utilizing the services of farm labor contractors must first
Section 9 amends section 6(a) of the Act to provide that a farm
make a determination that such contractors are properly registered.
labor contractor shall be denied the facilities and services of the
The Committee intends that this will place an affirmative duty on the
United States Employment Service authorized by the Wagner-Peyser
person utilizing such services before such services are in fact rendered.
Act (48 Stat. 113; 29 U.S.C. 49 et. seq.) if the contractor refuses or
The Department of Labor shall promulgate such rules and regulations
fails to exhibit his certificate of registration.
as are necessary to effectuate and assure that only the services of
validly registered contractors are utilized.
OBLIGATIONS OF FARM LABOR CONTRACTORS
Section 5 amends section 5(a) of the Act by extending the present
Section 10 amends section 6(b) of the Act to require a farm labor
standards for issuance of a certificate of registration to require proof
contractor to provide each worker a written statement of the nature
that an applicant's vehicles for the transportation of migrant workers,
of employment at the time of recruitment, in a language in which the
and real property for the housing of migrant workers, conform to
worker is fluent, and in a form prescribed by the Secretary, which
applicable federal and state health and safety standards; and the
will include in addition to the information already specified in the
applicant's consent to the substitute service of legal process on the
present Act: the period of employment of such worker; whether a
Secretary on behalf of the applicant where he has made himself un-
labor dispute exists in the area of contracted employment; and the
available to accept such service, under terms a court may set.
existence of any kick-back arrangements between the contractor and
third parties in the area of employment.
INSURANCE COVERAGE
Section 11 amends section 6 of the Act by: requiring each farm
Section 6 further amends section 5(a) of the Act to require that the
labor contractor to pay over promptly all money or things of value
Act's current requirements of vehicle insurance coverage be com-
entrusted to him by a farm operator; prohibiting the contractor from
parable to amounts applicable to vehicles used for the transportation
requiring workers to purchase goods exclusively from himself or
of passengers in interstate commerce under the Interstate Commerce
another; prohibiting him from recruiting persons he knows are in
Act and regulations promulgated thereunder. However, the Secre-
violation of the immigration and nationality laws; and requiring
tary of Labor shall have discretion to permit lesser amounts of such
him to provide full payroll information to those to whom he furnishes
preferred insurance if not otherwise available to the farm labor
migrant workers.
contractor.
DENIAL OR REVOCATION OF REGISTRATION
INVESTIGATION BY SECRETARY
Section 7 amends section 5 (b) of the Act by permitting the Secretary
Section 12 amends section 7 of the Act to provide the Secretary with
to deny a certificate of registration to any applicant found by the
powers of subpoena and examination similar to that provided under
S. Rept. 93-1295-2
10
11
the Fair Labor Standards Act. This Section imposes affirmative
However it is the intention of the Committee that, in the normal
duties upon the Secretary to monitor and investigate activities of
course, the Secretary will be represented in civil litigation by the
contractors to the full extent necessary to enforce the Act.
Solicitor of Labor and his attorneys, with appropriate arrangements
being made between the Secretary of Labor and the Attorney General
PENALTY PROVISIONS
with respect to the active involvement of the Justice Department in
cases where two or more agencies of the Federal government have
Section 13 amends section 9 of the Act to add a criminal penalty
varying positions, or where the constitutionality of Federal laws is
of imprisonment not to exceed one year, or both, for a first offense.
in question.
Maximum penalties for conviction of a subsequent violation of the
DISCRIMINATION PROHIBITED
Act are a fine not to exceed $10,000, imprisonment not to exceed three
years, or both. The Secretary is required to report on enforcement in
Section 14 creates a new section 13 of the Act prohibiting discrim-
his annual report to the Congress. This section also empowers the
ination against any migrant worker for the exercise of a right secured
Secretary to impose up to a $1,000 civil money penalty for a viola-
under the Act. The United States district court shall be empowered
tion of the Act or any regulation promulgated under the Act. The
to order reinstatement of any aggrieved worker with back pay or
civil penalty procedure is subject to the rights of agency review and
damages. The statutory language limiting protection to actions of
judicial review by the person against whom a penalty is assessed. It
a worker taken "with just cause" refers only to complaints which
is the intention of the Committee that the availability of both civil
are frivolous on their face, and is not intended to limit any rights
and criminal penalties will not manifest itself in abuse of process.
secured under the Act. In any action arising under this section the
It further provides that any farm labor contractor who has not
burden remains on the person claimed to be in violation to prove the
registered under the Act, or whose registration has been revoked or
absence of just cause as a defense to retaliatory action as defined in
suspended will be subject to a criminal penalty of up to a $10,000 fine
the Act.
or a prison sentence of up to 3 years (or both), if such contractor has
RECORDKEEPING
knowingly engaged the services of an illegal alien. It is the intention
of the Committee that all contractors must evidence some affirmative
Section 14 creates a section 14 of the Act which places respon-
showing by making a bona fide inquiry of whether a prospective em-
sibility on the person to whom workers are furnished by a farm labor
ployee is a United States citizen, a lawfully-admitted permanent
contractor for the keeping of records, and to obtain and keep informa-
resident, or a non-immigrant authorized to work in the United States.
tion to be furnished to him by the farm labor contractor under section
This, of course, should not be construed as a means for discriminating
6(e) of the Act as amended.
against foreign born, or non-English speaking citizens, who are en-
titled to all protected rights of employment regardless of ethnic
WAIVER OF RIGHTS
background. It is also the intention of the Committee that the Secre-
Section 15 creates a new section 18 of the Act rendering void a pur-
tary shall promulgate all regulations necessary for the enforcement
ported waiver by an employee of rights under the Act, except where
of the Act's prohibition against the utilization of illegal aliens in em-
waiver occurs in favor of the Secretary for purposes of enforcing the
ployment. All such regulations, to the extent permitted by this Act,
Act.
are to be consistent with those of the Attorney General promulgated
AUTHORIZATION
under the Immigration and Nationality Act.
Section 15 creates a new section 19 of the Act authorizing the ap-
CIVIL RELIEF
propriation of such sums as are necessary to the enforcement of the
Act.
Subsections (a) and (b) of section 14 create a new section 12 of the
PROMULGATION OF RULES AND REGULATIONS
Act and provide, in addition to other remedies under the Act, that
any person who claims to be aggrieved by the violation of any provi-
Section 16 amends section 14 of the Act and redesignated as section
sion may file suit in the appropriate district court of the United States
17 to authorize the Secretary to promulgate rules and regulations under
without regard to the amount in controversy, or to the citizenship of
any section of the Act.
the parties. The court may appoint an attorney for such person and
may award damages up to $500 for each violation or other equitable
relief. Any civil action brought under such section is subject to appeal
as provided by chapter 83 of title 28, U.S.C.
Subsection (c) of section 13 empowers the Secretary to seek injunc-
tive relief in any United States District Court when a violation of the
Act is determined by him to have occurred. Subsection (d) authorizes
the Solicitor of Labor to represent the Secretary subject to the direc-
tion of the Attorney General.
13
(3) any full-time or regular employee 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 such activity (A) solely within
a 25 mile intrastate radius of his permanent place of residence,
CHANGES IN EXISTING LAW
and (B) for not more than 13 weeks per year;
(5) any person who engaged in any such activity for the pur-
In compliance with subsection 4 of rule XXIX of the Standing
pose of obtaining migrant workers of any foreign nation for em-
Rules of the Senate, changes in existing law made by the bill are shown
ployment in the United States, if the employment of such workers
as follows (existing law proposed to be omitted is enclosed in black
is subject to-
brackets, new matter is printed in italic, existing law in which no
(A) an agreement between the United States and such
change is proposed is shown in roman)
foreign nation, or
(B) an arrangement with the government of any foreign
FARM LABOR CONTRACTOR REGISTRATION ACT OF 1963
nation under which written contracts for the employment of
such workers are provided for and the enforcement thereof
Be it enacted by the Senate and the House of Representatives of the
is provided for in the United States by an instrumentality
United States of America in Congress assembled, That this Act may be
of such foreign nation;
cited as the "Farm Labor Contractor Registration Act of 1963".
(6) any full-time or regular employee of any person holding
a certificate of registration under this Act; or
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
(7) any common carrier or any full-time regular employee
SEC. 2. (a) The Congress hereby finds that the channels and instru-
thereof engaged solely in the transportation of migrant workers.
mentalities of interstate commerce are being used by certain irre-
(c) The term "fee" includes any money or other valuable considera-
sponsible contractors for the services of the migrant agricultural
tion paid or promised to be paid to a person for services as a farm labor
contractor.
laborers, and the public generally, and that, as a result of the use of
the channels and instrumentalities of interstate commerce by such
(d) The term ["interstate] "agricultural employment" means em-
irresponsible contractors, the flow of interstate commerce has been
ployment in any service or activity included within the provisions
of section 3(f) of the Fair Labor Standards Act of 1938, as amended
impeded, obstructed, and restrained.
(b) It is therefore the policy of this Act to remove the impediments,
(29 U.S.C. 203 or section 3121 (g) of the Internal Revenue Code
obstructions, and restraints occasioned to the flow of interstate
of 1954 (26 U.S.C. 3121 (g)) [when such service or activity is per-
commerce by the activities of such irresponsible contractors by
formed by an individual worker who has been transported from one
requiring that all persons engaged in the activity of contracting for
State to another or from any place outside of a State to any place
the services of workers for [interstate] agricultural employment
within a State.] and the handling, planting, drying, packing, packag-
comply with the provisions of this Act and all regulations prescribed
ing, processing, freezing, or grading prior to delivery for storage of
hereunder by the Secretary of Labor.
any agricultural or horticultural commodity in its unmanufactured
state.
(e) The term "Secretary" means the Secretary of the United States
DEFINITIONS
Department of Labor or his duly authorized representative.
SEC. 3. As used in this Act-
(f) The term "State" means any of the States of the United States,
(a) The term "person" includes any individual, partnership associ-
the District of Columbia, the Virgin Islands, the Commonwealth of
ation, joint stock company, trust, or corporation.
Puerto Rico, and Guam.
(b) The term "farm labor contractor" means any person, who,
(g) The term "migrant worker" means an individual whose primary
for a fee, either for himself or on behalf of another person, recruits,
employment is in agriculture, as defined in section 3(f) of the Fair
solicits, hires, furnishes, or transports [ten or more migrant workers
Labor Standards Act of 1938 (29 U.S.C. 203(f)), or who performs
(excluding members of his immediate family) [at any one time in any
agricultural labor, as defined in section 3121 (g) of the Internal Reve-
calendar year] for [interstate] agricultural employment. Such term
nue Code of 1954 (26 U.S.C. 3121 on a seasonal or other tem-
shall not include-
porary basis.
(1) any nonprofit charitable organization, public or nonprofit
private educational institution, or similar organization;
CERTIFICATE OF REGISTRATION REQUIRED
(2) any farmer, processor, canner, ginner, packing shed opera-
SEC. 4. (a) No person shall engage in activities as a farm labor
tor, or nurseyman who personally engages in any such activity
contractor unless he first obtains a certificate of registration from
for the purpose of supplying migrant workers solely for his own
the Secretary, and unless such certificate is in full force and effect
operation;
(12)
and is in such person's immediate possession.
14
15
(b) A full-time or regular employee of any person holding a valid
jured or killed in any one accident; $5,000 for the loss or damage
certificate of registration under the provisions of this Act shall not,
in any one accident to property of others; and.] In no event shall
for the purpose of engaging in activities as a farm labor contractor
the amount of such insurance be less than the amounts currently
solely on behalf of such person, be required to obtain a certificate of
applicable to vehicles used in the transportation of passengers in
registration hereunder in his own name. Any such employee shall be
interstate commerce under the Interstate Commerce Act and regu-
required to have in his immediate personal possession when engaging
lations promulgated pursuant thereto, or amounts offering com-
in such activities such identification as the Secretary may require
parable protection to persons or property from damages arising
showing such employee to be an employee of, and duly authorized to
out of the applicant's ownership of, operation of, or his causing to
engage in activities as a farm labor contractor for, a person holding a
be operated any vehicle as provided herewith: Provided, That
valid certificate of registration under the provisions of this Act. Except
the Secretary shall have the discretion to issue regulations requir-
as provided in the foregoing provisions of this subsection, any such
ing insurance in the highest amount feasible which are less than
employee shall be subject to the provisions of this Act and regulations
the amounts currently applicable to vehicles used in the transpor-
prescribed hereunder to the same extent as if he were required to
tation of passengers in interstate commerce under the Interstate
obtain a certificate of registration in his own name.
Commerce Act and regulations promulgated pursuant thereto, if
(c) No person shall engage the services of any farm labor con-
the Secretary, after due and careful consideration, determines
tractor to supply farm laborers unless he first determines that the
that the insurance coverage in such amounts is not available to
farm labor contractor possesses a certificate from the Secretary that
farm labor contractors in the same manner and in the same
is in full force and effect at the time he contracts with the farm labor
amounts as such coverage is available to other carriers used to
contractor.
transport passengers in interstate commerce;".
(d) Upon determination by the Secretary that any person know-
(3) has filed, within such time as the Secretary may prescribe,
ingly has engaged the services of any farm labor contractor who does
a set of his fingerprints;
not possess such certificate as required by subsection (c) of this sec-
(4) has filed, under such terms as the Secretary may prescribe,
tion, the Secretary is authorized to deny such person the facilities
a statement identifying each vehicle to be used by the applicant
and services authorized by the Act of June 6, 1933 (48 Stat. 113; 29
for the transportation of migrant workers, and all real property
U.S.C. 49 et seq.), commonly referred to as the Wagner-Peyser Act,
to be used by the applicant for the housing of migrant workers,
for a period of up to three years.
during the period for which registration is sought, along with
proof that every such vehicle and all such housing currently con-
.ISSUANCE OF CERTIFICATE OF REGISTRATION
form to all applicable Federal and State safety and health stand-
ards to the extent that such vehicle and all such housing are under
SEC. 5. (a) The Secretary shall, after appropriate investigation,
the applicant's ownership or control; and
issue a certificate of registration under this Act to any person who-
(5) has consented to designation of the Secretary as the agent
(1) has executed and filed with the Secretary a written appli-
available to accept service of summons in any action against such
cation subscribed and sworn to by the applicant containing such
farm labor contractor at any and all times during which such
information (to the best of his knowledge and belief) concerning
farm labor contractor has departed from the jurisdiction in which
his conduct and method of operation as a farm labor contractor
such action is commenced or otherwise has become unavailable to
as the Secretary may require in order effectively to carry out the
accept service, under such terms and conditions as are set by the
provisions of this Act;
court in which such action has been commenced.
(2) has filed, within such time as the Secretary may prescribe,
(b) Upon notice and hearing in accordance with regulations pre-
proof satisfactory to the Secretary of the financial responsibility
scribed by him, the Secretary may refuse to issue, and may suspend,
of the applicant or proof satisfactory to the Secretary of the
revoke, or refuse to renew a certificate of registration to any farm
existence of a policy of insurance which insures such applicant
labor contractor if he finds that such contractor-
against liability for damages to persons or property arising out of
(1) knowingly has made any misrepresentations or false state-
the applicant's ownership of, operation of, or his causing to be
operated any vehicle for the transportation of migrant workers in
ments in his application for a certificate of registration or any re-
newal thereof;
connection with his business, activities, or operations as a farm
labor contractor. [The amount of any such policy of insurance
(2) knowingly has given false or misleading information to
shall be not less than the amount required under the law or regu-
migrant workers concerning the terms, conditions, or existence of
lation of any State in which such applicant operates a vehicle in
agricultural employment;
connection with his business, activities, or operations as a farm
(3) has failed, without justification, to perform agreements
labor contractor; but in no event shall the amount of such in-
entered into or arrangements with farm operators;
surance be less than $5,000 for bodily injuries to or death of one
(4) has failed, without justification, to comply with the terms
person; $20,000 for bodily injuries to or death of all persons in-
of any working arrangements he has made with migrant workers;
16
17
(5) has failed to show financial responsibility satisfactory to
public central registry of all persons issued certificates of registration
the Secretary required by subsection (a) (2) of this section or has
under this section. Persons issued a certificate of registration under
failed to keep in effect a policy of insurance required by subsec-
this section shall provide to the Secretary documentation required
tion (a) (2) of this section;
under section (a) (4) of the Act applicable to any vehicle which
(6) has recruited, employed, or utilized, with knowledge, the
the applicant obtains for use in the transportation of migrant workers
services of [a person with knowledge that such person is violating
and any real property which the applicant obtains or learns will be
the provisions of the immigration and nationality laws of the
used for the housing of migrant workers during the period for which
United States any person, who is an alien not lawfully admitted
the certificate of registration is issued, within ten days after he
for permanent residence, or who has not been authorized by the
obtains or learns of the intended use of such vehicle or real property,
Attorney General to accept employment;
to the extent that such vehicle or such real property is under the
(7) has been convicted of any crime under State or Federal law
ownership or control of such persons who have been issued certificates
relating to gambling or to the sale, distribution, or possession of
of registration.
alcoholic liquors in connection with or incident to his activities
OBLIGATIONS AND PROHIBITIONS
as a farm labor contractor; or has been convicted of any crime
under State or Federal law involving robbery, bribery, extortion,
SEC. 6. Every farm labor contractor shall-
embezzlement, grand larceny, burglary, arson, violation of nar-
(a) carry his certificate of registration with him at all times while
cotics laws, murder, rape, assault with intent to kill, assault
engaging in activities as a farm labor contractor and exhibit the same
which inflicts grievous bodily injury, prostitution, or peonage;
to all persons with whom he intends to deal in his capacity as a farm
where the date of the judgment of conviction of any crime as
labor contractor prior to SO dealing and shall be denied the facilities
specified herein has been entered within a period of five years pre-
and services authorized by the Act of June 6, 1933 (29 U.S.C. 49),
ceding the action of the Secretary under this subsection;
upon refusal or failure to exhibit the same;
(8) has failed to comply with rules and regulations promul-
(b) ascertain and disclose to each worker at the time the worker
gated by the Interstate Commerce Commission that are applica-
is recruited the following information to the best of his knowledge
ble to his activities and operations in interstate commerce;
and belief: (1) the area of employment, (2) the crops and operations
(9) knowingly employs or continues to employ any person to
on which he may be employed, (3) the transportation, housing, and
whom subsection (b) of section 4 of this Act applies who has
insurance to be provided him, (4) the wage rates to be paid him, (5)
taken any action, except for that listed in paragraph (5) of this
the charges to be made by the contractor for his services, (6) the
subsection, which could be used by the Secretary under this
period of employment, (7) the existence of a strike or other concerted
subsection to refuse to issue a certificate of registration; [or]
stoppage, slowdown, of interruption of operations by employees at the
(10) has failed to comply with any of the provisions of this
place of contracted employment, and (8) the existence of any ar-
Act or any regulations issued [hereunder.] hereunder; or
rangements with any owner, proprietor, or agent of any commercial
(11) is not in fact the real party in interest in any such applica-
or retail establishment in the area of employment under which he is
tion or certificate of registration and that the real party in interest
to receive a commission or any other benefit resulting from any sales
is a person, firm, partnership association, or corporation who pre-
provided to such commercial or retail establishment from the migrant
viously has been denied a certificate of registration, has had a cer-
workers whom he recruits. The disclosure required under this sub-
tificate of registration suspended or revoked, or who does not pres-
section shall be in writing in a language in which the worker is Auent
ently qualify for a certificate of registration; or
and written in a manner understandable by such workers, on such
(12) has used a vehicle for the transportation of migrant work-
forms and under such terms and conditions as the Secretary shall
ers, or has used real property for the housing of migrant workers,
prescribe.
while such vehicle or real property failed to conform to all appli-
(c) upon arrival at a given place of employment, post in a con-
cable Federal and State safety and health standards, to the extent
spicuous place a written statement of the terms and conditions of
any such vehicle or real property has come within the ownership
that employment;
or control of such farm labor contractor.
(d) in the event he manages, supervises, or otherwise controls the
(c) A certificate of registration, once issued, may not be transferred
housing facilities, post in a conspicuous place the terms and conditions
or assigned and shall be effective for the remainder of the calendar
of occupancy; [and]
year during which it is issued, unless suspended or revoked by the
(e) in the event he pays migrant workers engaged in [interstate]
Secretary as provided in this Act. A certificate of registration may
agricultural employment, either on his own behalf or on behalf of
be renewed each calendar year upon approval by the Secretary of an
another person, keep payroll records which shall show for each worker
application for its renewal.
total earnings in each payroll period, all withholdings from wages,
(d) Persons issued a certificate of registration under this section
and net earnings. In addition, for workers employed on a time basis,
shall provide to the Secretary a notice of each and every change
the number of units of time employed and the rate per unit of time
within 10 days after such change. The Secretary shall maintain a
shall be recorded on the payroll records, and for workers employed on
18
19
a piece rate basis, the number of units of work performed and the
an investigation. The Secretary shall monitor and investigate activities
rate per unit shall be recorded on such records. In addition he shall
of farm labor contractors in such manner as is necessary to enforce
provide to each migrant worker engaged in [interstate] agricultural
the provisions of this Act.
employment with whom he deals in a capacity as a farm labor con-
tractor a statement of all sums paid to him (including sums received
AGREEMENTS WITH FEDERAL AND STATE AGENCIES
on behalf of such migrant worker) on account of the labor of such
migrant worker. He shall also provide each such worker with an
SEC. 8. The Secretary is authorized to enter into agreements with
itemized statement showing all sums withheld by him from the amount
Federal and State agencies, to utilize (pursuant to such agreements)
he received on account of the labor of such worker, and the purpose
the facilities and services of the agencies, and to delegate to the
for which withheld. [The Secretary may prescribe an appropriate form
agencies such authority, other than rulemaking, as he deems necessary
for recording such information.] He shall additionally provide to the
in carrying out the provisions of this Act, and to allocate or transfer
person to whom any migrant worker is furnished all information and
funds or otherwise to pay or to reimburse such agencies for expenses
records required to be kept by such contractor under this subsection,
in connection therewith.
and all information required to be provided to any migrant worker
under this subsection. The Secretary may prescribe appropriate forms
PENALTY PROVISIONS
for the recording of information required by this subsection;
(f) refrain from recruiting, employing, or utilizing, with knowledge,
SEC. 9. (a) Any farm labor contractor or employee thereof who will-
the services of any person, who 28 an alien not lawfully admitted for
fully and knowingly violates any provision of this Act shall be fined
permanent residence, or who has not been authorized by Attorney
not more than $500, sentenced to a prison term not to exceed one year,
General to accept employment;
or both, and, upon conviction for any subsequent violation of this Act,
(g) promptly pay or contribute when due to the individuals entitled
shall be punishable by a fine not to exceed $10,000 or sentenced to a
thereto all moneys or other things of value entrusted to the farm labor
prison term not to exceed three years, or both. The Secretary shall
contractor by any farm operator for such purposes; and
report on enforcement of the provisions of this Act in the annual
(h) refrain from requiring any worker to purchase any good solely
report of the Secretary required pursuant to section 9, of the Act en-
from such farm labor contractor or any other person.
titled An Act to Create a Department of Labor, approved March 4,
1913 (37 Stat. 738, 29 U.S.C. 560). The reporting hereunder shall
AUTHORITY TO OBTAIN INFORMATION
include, but shall not be limited to, a description of efforts to monitor
and investigate the activities of farm labor contractors, the number
SEC. 7. The Secretary or his designated representative may investi-
of complaints of violations received by the Secretary and their dis-
gate and gather data with respect to matters which may aid in carry-
position and the number and nature of any sanctions imposed.
ing out the provisions of this Act. In any case in which a complaint
(b) (1) Any person who commits a violation of this Act or any
has been filed with the Secretary regarding a violation of this Act or
regulations promulgated under this Act, may be assessed a civil money
with respect to which the Secretary has reasonable grounds to believe
penalty of not more than $1,000 for each violation. The penalty shall
that a farm labor contractor has violated any provisions of this Act,
be assessed by the Secretary upon written notice, under the procedures
the Secretary or his designated representative may investigate and
set forth herein.
gather data respecting such case, and may, in connection therewith,
(2) The person assessed shall be afforded an opportunity for agency
enter and inspect such places and such records (and make such tran-
hearing, upon request made within thirty days after the date of issu-
scriptions thereof), question such persons, and investigate such facts,
ance of the notice of assessment. In such hearing, all issues shall be
conditions, practices, or matters as may be necessary or appropriate
determined on the record pursuant to section 554 of title 5 United
to determine whether a violation of this Act has been committed. The
States Code. The agency determination shall be made by final order
Secretary may issue subpenas requiring the attendance and testimony
subject to review only as provided in paragraph (3). If no hearing is
of witnesses or the production of any evidence in connection with such
requested as herein provided, the assessment shall constitute a final and
investigations. The Secretary may administer oaths and affirmations,
unappealable order.
examine witnesses, and receive evidence. For the purpose of any hear-
(3) Any person against whom an order imposing a civil money
ing or investigation provided for in this chapter, the provisions of sec-
penalty has been entered after an agency hearing under this section
tions 9 and 10 of the Federal Trade Commission Act of September 16,
may obtain review by the United States district court for any district
1914 (15 U.S.C. 49, 50) (relating to the attendance of witnesses and
in which he is located or the United States District Court for the Dis-
the production of books, papers, and documents), are made applicable
trict of Columbia by filing a notice of appeal in such court within 30
to the jurisdiction, powers, and duties of the Secretary. The Secretary
days from the date of such order, and simultaneously sending a copy
shall conduct investigations in a manner which protects the confi-
of such notice by registered or certified mail to the Secretary. The
dentiality of any complainant or other party who provides informa-
Secretary shall promptly certify and file in such court the record upon
tion to the Secretary with respect to which the Secretary commences
which the penalty was imposed. The findings of the Secretary shall be
21
20
regard to the citizenship of the parties and without regard to exhaus-
set aside if found to be unsupported by substantial evidence as pro-
tion of any alternative administrative remedies provided herein.
vided by section (E) of title 5.
(b) U pon application by the complainant and in such circumstances
(4) If any person fails to pay an assessment after it has become a
as the court may deem just, the court may appoint an attorney for such
final and unappealable order, or after the court has entered final judg-
complainant and may authorize the commencement of the action. If
ment in favor of the agency, the Secretary shall refer the matter to the
the court finds that the respondent has intentionally violated any pro-
Attorney General, who shall recover the amount assessed by action in
vision of this Act or any regulation prescribed hereunder, it may
the appropriate United States district court. In such action the validity
award damages up to $500 for each violation or other equitable relief.
and appropriateness of the final order imposing the penalty shall not
Any civil action brought under this section shall be subject to appeal
be subject to review.
as provided in chapter 83 of title 28. United States Code.
(5) All penalties collected under authority of this section shall be
(c) If upon investigation the Secretary determines that the pro-
paid into the Treasury of the United States.
visions of this Act have been violated, he may petition any appropriate
(c) Notwithstanding subsections (a) and (b) of this section, any
district court of the United States within the jurisdiction of which
farm labor contractor who commits a violation of subsection 6(f) of
violations of this Act are alleged to have occurred for temporary or
the Act or any regulations promulgated thereunder shall upon convic-
permanent injunctive relief.
tion be fined not to exceed $10,000 or sentenced to a prison term not to
(d) Except as provided in section of title 28, United States
exceed three years, or both, if the person committing such violation
Code relating to litigation before the Supreme Court, the Solicitor of
has failed to obtain a certificate of registration pursuant to this Act
Labor may appear for and represent the Secretary in any civil litiga-
or is one whose certificate has been suspended or revoked by the
tion brought under this Act but all such litigation shall be subject
Secretary.
to the direction and control of the Attorney General.
APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT
DISCRIMINATION PROHIBITED
SEC. 10. The provisions of the Administrative Procedure Act (5
Sec. 13. (a) No person shall intimidate, threaten, restrain, coerce,
U.S.C. 1001 and the following) shall apply to all administrative pro-
blacklist, discharge, or in any manner discriminate against any mi-
ceedings conducted pursuant to the authority contained in this Act.
grant worker because such worker has, with just cause, filed any com-
plaint or instituted or caused to be instituted any proceeding under or
JUDICIAL REVIEW
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
SEC. 11. Any person aggrieved by any order of the Secretary in
on behalf of himself or others of any right or protection afforded by
refusing to issue or renew, or in suspending or revoking, a certificate
this Act.
of registration may obtain a review of any such order by filing in the
(b) Any worker who believes, with just cause, that he has been dis-
district court of the United States for the district wherein such person
criminated against by any person in violation of this section may,
resides or has his principal place of business, or in the United States
within 180 days after such violation occurs, file a complaint with
District Court for the District of Columbia, and serving upon the
the Secretary alleging such discrimination. U pon receipt of such com-
Secretary, within thirty days after the entry of such order, a written
plaint the Secretary shall cause such investigation to be made as he
petition praying that the order of the Secretary be modified or set
deems appropriate. If upon such investigation. the Secretary deter-
aside in whole or in part. Upon receipt of any such petition, the
mines that the provisions of this section have been violated, he shall
Secretary shall file in such court a full, true, and correct copy of the
bring an action in any appropriate United States district court against
transcript of the proceedings upon which the order complained of was
such person. In any such action the United States district courts shall
entered. Upon the filing of such petition and receipt of such transcript,
have jurisdiction, for cause shown, to restrain violation of subsection
such court shall have jurisdiction to affirm, set aside, modify, or
(a) and order all appropriate relief including rehiring or reinstate-
enforce such order, in whole or in part. In any such review, the finding
ment of the worker, with back pay, or damages.
of fact of the Secretary shall not be set aside if supported by substantial
evidence. The judgment and decree of the court shall be final, sub-
RECORDKEEPING
ject to review as provided in sections 1254 and 1291 of title 28, United
SEC. 14. Any person who is furnished any migrant worker by a farm
States Code.
labor contractor shall maintain all payroll records required to be kept
CIVIL RELIEF
by such person under Federal law, and with respect to migrant work-
SEC. 12. (a) Any person claiming to be aggrieved by the violation of
ers paid by a farm labor contractor such person shall also obtain from
any provision of this Act or any regulation prescribed hereunder may
the contractor and maintain records containing the information re-
file suit in any district court of the United States having jurisdiction
quired to be povided to him by the contractor under section 6(e) of
of the parties without respect to the amount in controversy or without
the Act.
22
STATE LAWS AND REGULATIONS
Sec.
[12] 15. This Act and the provisions contained herein are
intended to supplement State action and compliance with this Act
shall not excuse anyone from compliance with appropriate State law
and regulation.
SEVERABILITY
Sec. [13] 10. If any provision of this Act, or the application thereof
to any person or circumstance, shall be held invalid, the remainder of
the Act and the application of such provision to other persons or
circumstances shall not be affected thereby.
RULES AND REGULATIONS
Sec. [14] 17. The Secretary is authorized to issue such rules and
regulations as he determines necessary for the purpose of carrying out
the provisions [of sections 4, 5, 6, and 8] of this Act.
NONWAIVER PROVISIONS
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.
AUTHORIZATION OF APPROPRIATIONS
SEC. 19. There are authorized to be appropriated to carry out the
purpose of this Act such sums as may be necessary for the effective.
enforcement of this Act.
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1493
FARM LABOR CONTRACTOR REGISTRATION ACT
AMENDMENTS OF 1974
NOVEMBER 25, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. PERKINS, from the Committee on Education and Labor,
submitted the following
REPORT
[To accompany H.R. 17474]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 17474) to amend the Farm Labor Contractor Regis-
tration Act of 1933 to provide for the extension of coverage and to
further effectuate the enforcement of such Act, having considered
the same, report favorably thereon with an amendment and recom-
mend that the bill as amended do pass.
The amendment strikes out all after the enacting clause and inserts
a substitute text which appears in italic type in the reported bill.
PURPOSE AND SUMMARY OF THE LEGISLATION
The major purpose of the reported bill is to correct recognized
deficiencies in the enforcement of the original legislation by extending
coverage of the act by creating stronger provisions for the act's
enforcement and by creating a civil remedy for persons aggrieved by
violations of the act.
The bill deletes the existing exception to the act's coverage for farm
labor contracting conducted intrastate by extending coverage to inter-
state commerce as defined in the Fair Labor Standards Act and the
Internal Revenue Code. The bill does create, however, an exemption
for casual operations that take place within a 25-mile intrastate radius
for short-term periods. The bill also adds coverage for employment
involving the processing of agricultural commodities in an unmanu-
factured state.
The bill empowers the Secretary of Labor to enforce the act through
investigations, the issuance of subpoenas, and the referral of probable
violations to the Department of Justice. It permits a person claiming
to be aggrieved by a violation of the act to file suit for damages up to
$500 or other relief in the appropriate U.S. district court.
38-006-741
2
3
The bill requires farm labor contractors to establish proof that their
on March 7, 1974, by all the members of the Subcommittee on Agri-
vehicles and property comply with federal and state health and safety
cultural Labor (Mr. Ford, Mr. Landgrebe, Mrs. Grasso, Mr. Thomp-
standards; and establishes amounts of vehicle insurance comparable to
son of New Jersey, Mr. Hawkins, Mr. Lehman, Mr. Towell and Mr.
amounts applicable to vehicles operating under the Interstate Com-
Steiger) and by additional members of the Committee on Education
merce Act.
and Labor (Mr. O'Hara, Mr: Meeds, Mr. Quie, Mr. Erlenborn and
An agricultural employer who engages a farm labor contractor is
Mr. Hansen of Idaho).
required to determine that the contractor possesses a valid certificate
On April 3, 1974, the full committee ordered H.R. 13342 reported,
of registration under the act.
without amendment, by unanimous vote (H. Rept. 93-1024). H.R.
Farm labor contractors at the time of recruitment are required to
13342 was passed by the House under suspension of the rules on May 7
disclose information to each worker in written form regarding the
and referred to the Senate. On October 1, H.R. 13342 was reported in
period of employment and whether a labor dispute exists in the area
the Senate with an amendment in the form of a substitution by the
of employment (in a language in which the worker is fluent).
Committee on Labor and Public Welfare (S. Rept. 93-1206). The
The bill increases the maximum penalty for willful and knowing
Senate passed the bill without dissent on October 3. On October 11,
violations of the act by providing for a fine of not more than $1,000
the House concurred, with an amendment to the Senate amendment.
or imprisonment for not more than 6 months, or both. Discrimination
The Senate agreed to the amended verson of H.R. 13342 on October 16
against any farmworker for filing a complaint under the act is pro-
and sent it to the President.
hibited. The Secretary is authorized to investigate and file suit on
On October 29, 1974, the President the bill because of his
behalf of a farmworker determined to have been the object of such
objections to section 17 which amended the Longshoremen's and
discrimination.
Harbor Workers' Compensation Act.
The bill redefines the act's existing prohibition on contractors re-
On November 20, 1974, H.R. 17474 was introduced by Mr. Ford
garding illegal aliens, and establishes a criminal penalty, in addition
(for himself, Mr. Thompson of New Jersey, Mr. Landgrebe, Mr.
to the current sanction of registration revocation, for certain violators.
Lehman, and Mr. O'Hara). This bill was substantially similar to H.R.
Any farm labor contractor who has not registered under the act, or
13342 as engrossed, except for the deletion of section 17, for certain
whose registration has been revoked or suspended, will be subject to
modifications in conformance with the committees' initial intention,
a criminal penalty of up to a $10,000 fine or a prison sentence of up
and for the addition of technical changes.
to 3 years (or both), if such contractor has knowingly engaged the
The Committee on Education and Labor considered H.R. 17474 on
services of an illegal alien. Illegal alien has been redefined to mean any
November 21 and ordered it reported with an amendment by a voice
person who is an alien not lawfully admitted for permanent residence,
vote which was unanimous. The amendment makes technical, con-
or who has not been authorized by the Attorney General to accept
forming and clarifying changes in the text.
employment.
LEGISLATIVE HISTORY
ESTIMATE OF COST
The precursor of the present bill was H.R. 7597, introduced by the
Pursuant to the requirements of clause 7 of Rule XIII of the Rules
chairman of the Agricultural Labor Subcommittee (Mr. Ford for
of the House of Representatives, the Committee estimates that this
himself, Mr. Thompson of New Jersey, Mr. O'Hara, Mrs. Grasso, Mr.
legislation will result in an increased Federal cost of $500,000 for each
Meeds, and Mr. Lehman) on May 8, 1973. H.R. 7597 was the result
fiscal year following enactment. This figure is based on the estimate
of an extensive study by the subcommittee staff and an oversight
provided in the Committee by the Office of Budget of the Department
hearing in Dade County, Fla., on April 6 and 7, 1973, during which
of Labor which follows:
numerous deficiencies in the Farm Labor Contractor Registration Act
Estimate
of 1963 were discovered, due to the act's incomplete coverage of con-
tractors and its inadequate provision for enforcement. To correct
Coverage extended to 13,000 additional contractors, including 4,000
these deficiencies, H.R. 7597 extended the act's coverage to any
interstate crew leaders, 4,000 dayhaul contractors and 5,000 miscel-
recruitment of workers by farm labor contractors in interstate com-
laneous types.
merce and provided a federal civil remedy to persons aggrieved by
Resources for fiscal year 1975 (20 positions)
$500, 000
violations of the act.
20-GS-12 compliance officers at $17,497
349,940
Hearings were held on H.R. 7597 on May 14 and November 9, 1973,
Extra day of pay
1,000
10 percent lapse new positions
-28,000
which demonstrated some inadequacies in H.R. 7597. Thus, H.R.
12516, which incorporated the material provisions of H.R. 7597 and
Personnel compensation
344,000
added other provisions extending the act's coverage, was introduced
Nonlabor costs
156,000
on February 4, 1974 by Mr. Landgrebe (for himself, Mr. Quie, Mr.
Total
500,000
Erlenborn, Mr. Hansen, and Mr. Towell).
At a subcommittee mark-up session on February 20, 1974, the text
Source: Department of Labor, Office of Budget.
of H.R. 12516 was substituted for the text of H.R. 7597 and several
amendments were adopted. The subcommittee ordered a clean bill
favorably reported to the full committee. H.R. 13342 was introduced
5
4
Evidence emerged of contractor exploitation of farmers. The con-
BACKGROUND OF H.R. 17474
tractor would agree to arrive with a crew on a designated date, and
The men and women who harvest our fresh fruits and vegetables
simply fail to show up because better opportunities presented them-
selves elsewhere. This would leave the farmer with no help to harvest
move with the seasons in three major migrant streams. For instance,
in the east coast stream, many migrants have a home base in Florida.
his ripening crop. More common is the practice of leaving after the
In the early spring, they move northward to the potato or bean fields
first picking, when the second and third pickings become more diffcult
of eastern North Carolina and then up the coast as the crops suc-
and less profitable.
cessively mature in Maryland, Delaware, New Jersey and Long Island.
Abuse of workers by the contractor/crew leader appears more the
They may then move to upstate New York when fruits ripen in the
rule than the exception. The testimony revealed that in many cases
late summer, then move southward picking apples in the Virginia
the ontractor tends to exaggerate conditions of employment when
he recruits workers in their home base or that he fails to inform them
Shenandoah Valley and peaches in Georgia or the Carolinas, and
arrive home in Florida in time for the late fall cultivation. Their
of their working conditions at all; tends to transport them in unsafe
counterparts in the middle stream may maintain their home base in
vehicles; fails to furnish promised housing or else furnishes sub-
Texas. Traditionally, they may pick cotton in Texas in early spring,
standard and unsanitary housing; often operates a company store
then follow the midwest stream north to the sugar beet fields of Colo-
while making unitemized deductions from workers' paychecks for
rado, on to the cherries of Michigan or the tomato fields of Indiana,
purchases, and usually pays the workers in cash without records of
units worked or taxes withheld.
and return to Texas for the fall cotton harvest. On the west coast, the
migrants follow the harvest stream northward, perhaps from Arizona
The Farm Labor Contractor Registration Act of 1963; its purpose and
to the early lettuce in California on toward the Oregon hops or Wash-
provisions
ington apples. Also, on the west coast there are many migrants who
In 1963, Congress sought to remedy some of these abuses by
never leave their home state of California but instead migrate from
enacting the Farm Labor Contractor Registration Act.
one area to another, all within the confines of the State boundaries.
In essence, that act requites that all contractors or "crew leaders"
Some farmworkers live in the commuting areas and "day haul" from
be registered with the Secretary of Labor, upon a showing of moral
their homes to their farm work. Others travel alone or in family groups
and fiscal responsibility. Registration was subject to denial to an
and are "freewheelers" or "walk ons." Still others are recruited directly
applicant shown to have been convicted of certain crimes, or who
by large farmers, by associations of farmers, or by the large packing-
failed to perform on contracts with farm operators, or who gave false
houses and cannery companies that purchase the crops and do their
or misleading information to migrant workers concerning the terms
own harvesting and processing.
of farm employment. The act required all crew leaders to inform
Most farmworkers, however, are recruited, transported, housed,
each worker at the time of recruitment (1) the expected area of em-
hired and directed by a single person-the farm labor contractor,
ployment, (2) the crops and operations on which he would be
known interchangeably as a "crew leader" in some areas. He is usually
employed, (3) the transportation facilities, (4) the types and cost of
the single bridge between the farm operator as ultimate employer and
housing upon arrival at each place of work, (5) the wage rates to be
his migrant agricultural work force.
paid, and (6) any charges that the crew leader expected to make for
The farm labor contractor; his power and potential in the lives of migrants
his services. In addition, the crew leader was required at each place
In addition to "recruiting" the work force, the farm labor contrac-
of employment to post the terms and conditions of employment at
tor (or "crew leader") provides many other functions. First of all, he
that particular place. If he managed the housing facilities, he was
generally owns a bus or a truck and provides (for a fee) the necessary
required to post the terms and conditions of occupancy. If he was the
transportation northward. Upon arrival at the location of the tempo-
paymaster, he was required to keep payroll records and deduct
rary work, he transports the workers from their living accommoda-
from the wages all payments required under Federal law. In regard
tions to the fields and sometimes hauls the produce to market. Often he
to transportation, the crew leader was required to provide insurance
manages the field camp where the migrants live, collecting the rents
in an amount thought in 1963 to be adequate. Violation of any of
and tending the maintenance. Crew leaders often have the "food con-
the above requirements could result in the revocation of the certificate
cession" and serve meals and the "snacks" between meals-again for a
or in criminal prosecution, with a fine up to $500, or both.
price. They supervise and manage the crew in the fields and keep a tally
RECENT TESTIMONY SUPPORTING ADOPTION OF H.R. 17474
of the individual production. They are the paymasters, paying the
workers with money received by contract or by commission from the
Evidence presented to the Subcommittee on Agricultural Labor dur-
farmer.
ing the past two years indicated quite clearly that many of the abuses
The contractor's unchallenged bargaining position creates a con-
which were the subject of the 1963 legislation have continued un-
stant opportunity for abuse of both the farmer and the farmworker.
abated. But for technical exceptions, the hearings produced no sub-
Patterns of such abuse emerged rather dramatically in Congressional
stantive criticism of the proposed law other than (1) calls for strength-
testimony in both Houses preceding passage of the Act in 1963 and
ening the bill even further and (2) one comment that the bill might
again in testimony before the Subcommittee on Agricultural Labor
duplicate certain registration requirements under Florida law. From
during the past year.
this testimony emerged H.R. 12516, introduced by Mr. Landgrebe;
from it emerged H.R. 13342 sponsored by the entire Subcommittee,
and subsequently H.R. 17474 was introduced.
6
7
Cumulative testimony from public officials, growers, former farm
The bill further effectuates enforcement of the Act (a) by creating
labor contractors, unions and concerned citizens shows an undisputed
an unfettered federal civil remedy for persons aggrieved by a contrac-
pattern of continuing abuse in the activities of many contractors.
tor's violation of the Act; (b) by empowering the Secretary of Labor
(1) The abuses sought to be curbed by the 1963 law continue un-
with positive duties of investigation and action upon discovery of
abated.-A Pennsylvania public official reported complaints from
violations; (c) by requiring the grower to assure that the contractor
farmers of crew leaders leaving a job before the completion of a har-
with whom he deals is registered under the Act; and (d) by authoriz-
vest, thus allowing a large tomato crop to spoil. He reported also of
ing the Secretary of Labor to seek injunctive relief against violations
complaints from migrants who alleged that they were being cheated
in addition to administrative and criminal sanctions.
out of their wages, overcharged for the food furnished, and physically
H.R. 17474 establishes amounts of vehicle insurance which the con-
assaulted-all by the contractor who had recruited them.
tractor must carry comparable to amounts applicable to vehicles
A former farm labor contractor testified that he was unaware of
operating under the Interstate Commerce Act. However, the Secretary
any contractor who did not give false or misleading information to
of Labor shall have discretion to permit lesser amounts of such pre-
migrants in recruiting; that such contractors commonly receive a cer-
ferred insurance if not otherwise available to the farm labor contractor.
tain amount from the farmer, but "skim" and pay a lesser amount to
the worker; that they overcharge on rent, food, liquor and cigarettes,
CONCLUSION
and that very often they carry guns to maintain authority.
Several witnesses testified about misleading recruitment practices,
The committee believes the Farm Labor Contractor Registration
where workers were hired allegedly as tractor drivers, but later were
Act must be expanded to provide the broadest feasible coverage and
employed as stoop laborers; where workers are promised adequate
to include intrastate recruitment, transportation or hire of workers
living facilities but were actually housed in cramped and substandard
by farm labor contractors for agriculture as defined under either the
rooms, and where workers were recruited unaware of the fact that
Fair Labor Standards Act or the Internal Revenue Code. In addition,
they were to be used as strikebreakers.
the bill's provisions of an unfettered civil remedy for aggrieved per-
(2) The present law is largely ignored and is not adequately en-
sons, a sharing of responsibility with growers for enforcement, and
forced.-Officials of the U.S. Department of Labor estimated that, of
placing explicit powers and affirmative duties on the Secretary of
over 6,000 crew leaders operating across state lines, fewer than 2,000
Labor are additions all of which are crucial to the effective enforce-
are registered as required by law. A spot check of over 900 farm labor
ment of existing law.
contractors last year revealed violation of the Act by 73 percent of
SECTION-BY-SECTION EXPLANATION AND RAMSEYER RULE PRINT
those checked. Despite widespread violations, no contractor registra-
tions were revoked or suspended last year; only one person has ever
Following is an explanation of the provisions of H.R. 17474, as
been convicted under the Act in its entire history of almost 10 years.
approved and reported by the Committee on Education and Labor
Several explanations occur for the Act's ineffective enforcement to
on November 21, 1974.
date. One is the difficulty of proving that the contractor is engaged
SHORT TITLE
in recruitment across state lines; another is the relatively light penalty
upon conviction, with no provision for jail sentence even for serious
The first section of this legislation provides that it may be cited as
or repeated violations. Perhaps most important of all, however, is the
the "Farm Labor Contractor Registration Act Amendments of 1974".
Department's shortage of adequate manpower to police the Act.
EXTENSION OF COVERAGE
(3) The proposed legislation would correct deficiencies in existing
laws.H.R. 17474 would facilitate enforcement of the Farm Labor
Section 2, by restating the definition under the Act removes the
Contractor Registration Act by extending its coverage to recruitment
existing exemptions for contractors operating on an intrastate basis
which may occur entirely within a state by broadly defining "inter-
and for contractors transporting fewer than 10 migrant workers at
state" activity as set forth in either title 29 United States Code, sec.
one time.
203(f) or title 26 United States Code, sec. 3121 except for certain
While it is the feeling of the Committee that the definitions and
casual, short-term operations. The original bill (H.R. 7597) was pre-
exclusions contained in Section 3 of the Act as it would be amended
mised on the belief that extension of coverage would dilute the limited
by this bill exclude the traditional relationship which exists in the
enforcement resources within the Department of Labor and proposed
hand-harvesting of certain crops in the Pacific Northwest whereby a
instead to limit coverage by eliminating jurisdiction over the "day
teacher or other incidental employee of a grower may recruit, solicit,
haul" operations. However, testimony strongly indicated the need to
hire, furnish or transport students or other permanent residents of the
extend jurisdiction. Department of Labor officials assured the Sub-
area and whereby such recruitment, solicitation, hiring, furnishing or
committee that, under its new staff reorganization, it could police the
transporting is done in his capacity as an employee and results in the
crew leader in the "day haul" operations, in the extended operations
establishment of an employer-employee relationship between the
across state lines, and in the more limited intrastate operations within
grower and the students or other permanent residents mentioned
the large agricultural states such as California and Florida. The De-
above, some apprehensiion was indicated by certain Members. It
partment, as well as virtually all other witnesses who addressed this
should be made clear that the Committee does not intend, in any
issue, strongly favored extending rather than decreasing jurisdiction
manner, to disturb the traditional historical relationship described
in order to eliminate the intrastate loophole currently utilized by
above which the Committee does not feel is a farm labor contractor
many contractors.
relationship as defined by this Act.
9
8
A farmer, processor, canner, ginner, packing shed operator, or
The Department of Labor shall promulgate such rules and regulations
nurseryman is exempt if he personally recruits migrant workers for
as are necessary to effectuate and assure that only the services of
his own operation. The Committee wishes to clarify the phrase "solely
validly registered contractors are utilized.
for his own operation" as used in section 3(b) (2) of the Act. The
Section 5 amends section 5(a) of the act by extending the present
Committee intends that application of this provision shall not neces-
standards for issuance of a certificate of registration to require proof
sarily depend on where title to the commodities involved rests at the
that an applicant's vehicles for the transportation of migrant workers,
time, but shall in the future depend on a full consideration of the
and real property for the housing of migrant workers, conform to
economic realities of agricultural production and processing.
applicable federal and state health and safety standards; and the
It is also the intention of the Committee to include within the per-
applicant's consent to the substitute service of legal process on the
sonal exemption for agricultural operators (Sec. 3(b) (2) of the Act)
Secretary on behalf of the applicant where he has made himself
any person who is a farmer within the meaning of section 3(f) of the
unavailable to accept such service, under terms a court may set.
Fair Labor Standards Act. Thus, for example, grove care contractors
who perform all the farming operations for fruit grove owners re-
INSURANCE COVERAGE
quired prior to harvest in producing a crop of fruit from the owner's
Section 6 further amends section 5(a) of the Act to require that the
groves have been considered "farmers" within the meaning of the
Act's current requirements of vehicle insurance coverage be com-
Fair Labor Standards Act (opinion of the Administrator on advice
parable to amounts applicable to vehicles used for the transportation
of the Solicitor of Labor, April 18, 1970, BNA-WHM 91:858r) and
of passengers in interstate commerce under the Interstate Commerce
would not be deemed farm labor contractors by virtue of any personal
Act and regulations promulgated thereunder. However, the Secre-
engagement by them in activities solely for performance of their own
tary of Labor shall have discretion to permit lesser amounts of such
farming operations in the groves of the owners with whom they have
preferred insurance if not otherwise available to the farm labor
contracted.
contractor.
In addition, the exemption in section 3(b) of the Act has been
DENIAL OR REVOCATION OF REGISTRATION
revised to apply to any full-time or regular employees of any entity
referred to in section 3(b) or (2) if their covered activity is per-
Section 7 amends section 5(b) of the Act by permitting the Secretary
formed on no more than an incidental basis and is performed solely for
to deny a certificate of registration to any applicant found by the
such entity. While employment relationships vary, it is the Commit-
Secretary to be a stand-in for another person not eligible for a cer-
tee's intent that foremen and similar bona fide employees will not
tificate of registration, or where the Secretary determines that an
have to register as Farm Labor Contractors if it can be shown, for
applicant has used a vehicle for the transportation of migrant workers,
example, that they are full-time and permanent employees of an em-
or has used real property for the housing of migrant workers, which
ployer, who utilizes a limited portion of their time for activities as
does not conform with applicable federal and state health and safety
defined in section 3(b) of the Act.
standards, and which is within the applicant's ownership or control.
The bill continues the Act's present exemption for charities, non-
The Secretary's current discretion to deny a certificate of registra-
profit educational institutions, employees of registered farm labor con-
tion to persons convicted of offenses designated in section 5(b)(7) of
tractors, and the recruitment of non-resident workers under agree-
the Act is extended to include the offense of peonage and is limited
ments with foreign governments. It creates a new exemption for any
by the bill to those convictions occurring within five years preceding
common carrier or employee thereof engaged solely in the transporta-
an application.
tion of migrant workers.
REPORTING REQUIREMENTS
Section 3 amends section 3(d) of the act providing coverage to all
aspects of commerce in agriculture, including that defined in either
Section 8 adds a new subsection 5(d) to the act requiring registered
the Fair Labor Standards Act, 29 U.S.C. 203(f) or the Internal
farm labor contractors to report each change of address to the Secre-
Revenue Code, 26 U.S.C. section 3121(g), and other processing
tary within ten days. The subsection also requires each registrant
of agricultural or horticultural commodities in an unmanufactured
to provide the Secretary with the documentation required in § 5(a) (5)
state. This section, and others making conforming changes to addi-
pertaining to health and safety standards of vehicles and real property
tional sections of the act, deletes the existing limitation of coverage
required by the registrant during the year for which registration was
to interstate activity, and thus extends coverage to farm labor con-
previously issued.
tractor activities which may occur entirely within one state.
DENIAL OF CERTAIN FACILITIES AND SERVICES
REGISTRATION REQUIREMENTS
Section 9 amends section 6(a) of the act to provide that a farm
Section 4 of the bill amends section 4 of the act by requiring that
labor contractor shall be denied the facilities and services of the
persons utilizing the services of farm labor contractors must first
United States Employment Service authorized by the Wagner-Peyser
make a determination that such contractors are properly registered.
Act (48 Stat. 113; 29 U.S.C. 49 et. seq.) if the contractor refuses or
The Committee intends that this will place an affirmative duty on the
fails to exhibit his certificate of registration.
person utilizing such services before such services are in fact rendered.
H.R. 1493-2
10
11
OBLIGATIONS OF FARM LABOR CONTRACTORS
CIVIL RELIEF
Section 10 amends section 6(b) of the act to require a farm labor
contractor to provide each worker a written statement of the nature
Subsections (a) and (b) of section 14 create a new section 12 of the
of employment at the time of recruitment, in a language in which the
act and provide that any person who claims to be aggrieved by the
worker is fluent, and in a form prescribed by the Secretary, which
violation of any provision may file suit in the appropriate district
will include in addition to the information already specified in the
court of the United States without regard to the amount in contro-
present act: the period of employment of such worker; whether a
versy, or to the citizenship of the parties. The court may appoint an
labor dispute exists in the area of contracted employment; and the
attorney for such person and may award damages up to $500 for each
existence of any kick-back arrangements between the contractor and
violation or other equitable relief. Any civil action brought under such
third parties in the area of employment. It should be noted, however,
section is subject to appeal as provided by chapter 83 of title 28,
that this section is not intended to preclude or discourage the farm
United States Code.
labor contractor from providing the required information orally as well
The remedy created in this section is available regardless of the ex-
as in written form provided the two presentations are consistent.
istence of any criminal or administrative sanctions provided for
Section 11 amends section 6 of the act by: requiring each farm labor
specific kinds of violations of this Act.
contractor to pay over promptly all money or things of value entrusted
In the newly created Section 12 of the Act, subsection (c) empowers
to him by a farm operator; prohibiting the contractor from requiring
the Secretary to seek injunctive relief in any United States District
workers to purchase goods exclusively from himself or another;
Court when a violation of the act is determined by him to have oc-
prohibiting him from recruiting persons he knows are in violation of
curred. Subsection (d) authorizes the Solicitor of Labor to represent
the immigration and nationality laws; and requiring him to provide
the Secretary subject to the direction of the Attorney General.
full payroll information to those to whom he furnishes migrant
However it is the intention of the committee that, in the normal
workers.
course, the Secretary will be represented in civil litigation by the
INVESTIGATION BY SECRETARY
Solicitor of Labor and his attorneys, with appropriate arrangements
being made between the Secretary of Labor and the Attorney General
Section 12 amends section 7 of the act to provide the Secretary with
with respect to the active involvement of the Justice Department in
powers of subpoena and examination similar to that provided under
cases where two or more agencies of the Federal government have
the Fair Labor Standards Act. This Section imposes affirmative
carrying positions, or where the constitutionality of Federal laws is
duties upon the Secretary to monitor and investigate activities of
in question.
contractors to the full extent necessary to enforce the act.
DISCRIMINATION PROHIBITED
PENALTY PROVISIONS
Section 14 creates a new section 13 of the act prohibiting discrim-
Section 13 amends section 9 of the act to add a criminal penalty
ination against any migrant worker for the exercise of a right secured
of imprisonment not to exceed one year, or both, for a first offense.
under the Act. The United States district court shall be empowered
Maximum penalties for conviction of a subsequent violation of the
to order reinstatement of any aggrieved worker with back pay or
act are a fine not to exceed $10,000, imprisonment not to exceed three
damages. The statutory language limiting protection to actions of
years, or both. The Secretary is required to report on enforcement in
a worker taken "with just cause" is not intended to limit any rights
his annual report to the Congress. This section also empowers the
secured under the Act.
Secretary to impose up to a $1,000 civil money penalty for a viola-
RECORDKEEPING
tion of the act or any regulation promulgated under the act. The
civil penalty procedure is subject to the rights of agency review and
Section 14 creates a new section 14 of the Act which places responsi-
judicial review by the person against whom a penalty is assessed. It is
bility on the person to whom workers are furnished by a farm labor
the intention of the Committee that the availability of both civil and
contractor for the keeping of records, and to obtain and keep informa-
criminal sanctions will not result in undue harassment or abuse of
tion to be furnished to him by the farm labor contractor under section
6(e) of the act as amended.
process.
It further provides that any farm labor contractor who has not
registered under the Act, or whose registration has been revoked or
WAIVER OF RIGHTS
suspended will be subject to a criminal penalty of up to a $10,000 fine
or a prison sentence of up to 3 years (or both), if such contractor has
Section 15 creates a new section 18 of the act rendering void a pur-
knowingly engaged the services of an illegal alien. It is the intention
ported waiver by an employee of rights under the Act, except where
of the committee that the Secretary shall promulgate all regulations
waiver occurs in favor of the Secretary for purposes of enforcing the
act.
necessary for the enforcement of the act's prohibition against the
AUTHORIZATION
utilization of illegal aliens in employment. All such regulations, to
the extent permitted by this Act, are to be consistent with those of
Section 15 creates a new section 19 of the act authorizing the ap-
the Attorney General promulgated under the Immigration and
propriation of such sums as are necessary to the enforcement of the
Nationality Act.
act.
12
13
PROMULGATION OF RULES AND REGULATIONS
(3) any full-time or regular employee of any entity referred
to in (1) or (2) above who engages in such activity solely for his
Section 16 amends section 14 of the Act, redesignated as section
employer on no more than an incidental basis;
17, to authorize the Secretary to promulgate rules and regulations
(4) any person who engages in such activity (A) solely within
under any section of the act.
a 25 mile intrastate radius of his permanent place of residence,
and (B) for not more than 13 weeks per year;
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
(5) any person who engages in any such activity for the pur-
In compliance with clause 3 of rule XIII of the Rules of the House
pose of obtaining migrant workers of any foreign nation for em-
of Representatives, changes in existing law made by the bill, as re-
ployment in the United States, if the employment [of such
ported, are shown as follows (existing law proposed to be omitted is
workers is subject to-
enclosed in black brackets, new matter is printed in italic, existing law
(A) an agreement between the United States and such
in which no change is proposed is shown in roman):
foreign nation; or
(B) an arrangement with the government of any foreign
nation under which written contracts for the employment of
FARM LABOR CONTRACTOR REGISTRATION ACT OF 1963
such workers are provided for and the enforcement thereof
Be it enacted by the Senate and the House of Representatives of the
is provided for [in] through the United States by an instru-
United States of America in Congress assembled, That this Act may be
mentality of such foreign nation:
cited as the "Farm Labor Contractor Registration Act of 1963".
(6) any full-time or regular employee of any person holding
a certificate of registration under this Act; or
CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY
(7) any common carrier or any full-time regular employee thereof
engaged solely in the transportation of migrant workers.
SEC. 2. (a) The Congress hereby finds that the channels and instru-
(c) The term "fee" includes any money or other valuable considera-
mentalities of interstate commerce are being used by certain irre-
tion paid or promised to be paid to a person for services as a farm labor
sponsible contractors for the services of the migrant agricultural
contractor.
laborers, and the public generally, and that, as a result of the use of
(d) The term ["interstate] "agricultural employment" means em-
the channels and instrumentalities of interstate commerce by such
ployment in any service or activity included within the provisions
irresponsible contractors, the flow of interstate commerce has been
of section 3(f) of the Fair Labor Standards Act of 1938, as amended
impeded, obstructed, and restrained.
(29 U.S.C. 203(f)), or section 3121 (g) of the Internal Revenue Code
(b) It is therefore the policy of this Act to remove the impediments,
of 1954 (26 U.S.C. 3121(g)) [when such service or activity is per-
obstructions, and restraints occasioned to the flow of interstate
formed by an individual worker who has been transported from one
commerce by the activities of such irresponsible contractors by
State to another or from any place outside of a State to any place
requiring that all persons engaged in the activity of contracting for
within a State. and the handling, planting, drying, packing, packag-
the services of workers for [interstate] agricultural employment
ing, processing, freezing, or grading prior to delivery for storage of
comply with the provisions of this Act and all regulations prescribed
any agricultural or horticultural commodity in its unmanufactured
hereunder by the Secretary of Labor.
state.
(e) The term "Secretary" means the Secretary of the United States
DEFINITIONS
Department of Labor or his duly authorized representative.
(f) The term "State" means any of the States of the United States,
SEC. 3. As used in this Act-
the District of Columbia, the Virgin Islands, the Commonwealth of
(a) The term "person" includes any individual, partnership associ-
Puerto Rico, and Guam.
ation, joint stock company, trust, or corporation.
(g) The term "migrant worker" means an individual whose primary
(b) The term "farm labor contractor" means any person, who,
employment is in agriculture, as defined in section 3(f) of the Fair
for a fee, either for himself or on behalf of another person, recruits,
Labor Standards Act of 1938 (29 U.S.C. 203(f)), or who performs
solicits, hires, furnishes, or transports ten or more migrant workers
agricultural labor, as defined in section 3121(g) of the Internal Reve-
(excluding members of his immediate family) at any one time in any
nue Code of 1954 (26 U.S.C. 3121(g)), on a seasonal orother tem-
calendar year for [interstate] agricultural employment. Such term
porary basis.
shall not include-
(1) any nonprofit charitable organization, public or nonprofit
CERTIFICATE OF REGISTRATION REQUIRED
private educational institution, or similar organization;
(2) any farmer, processor, canner, ginner, packing shed opera-
SEC. 4. (a) No person shall engage in activities as a farm labor
tor, or nurseyman who personally engages in any such activity
contractor unless he first obtains a certificate of registration from
for the purpose of supplying migrant workers solely for his own
the Secretary, and unless such certificate is in full force and effect
operation;
and is in such person's immediate possession.
15
14
(b) A full-time or regular employee of any person holding a valid
interstate commerce under the Interstate Commerce Act and regula-
tions promulgated pursuant thereto, or amounts offering comparable
certificate of registration under the prosisions of this Act shall not,
for the purpose of engaging in activities as a farm labor contractor
protection to persons or property from damages arising out of the
applicant's ownership of, operation of, or his causing to be operated
solely on behalf of such person, be required to obtain a certificate of
registration hereunder in his own name. Any such employee shall be
any vehicle as provided herewith: Provided, That the Secretary shall
have the discretion to issue regulations requiring insurance in the
required to have in his immediate personal possession when engaging
in such activities such identification as the Secretary may require
highest amount feasible which are less than the amounts currently
applicable to vehicles used in the transportation of passengers in
showing such employee to be an employee of, and duly authorized to
interstate commerce under the Interstate Commerce Act and regulations
engage in activities as a farm labor contractor for, a person holding a
valid certificate of registration under the provisions of this Act. Except
promulgated pursuant thereto, if the Secretary, after due and careful
consideration, determines that the insurance coverage in such amounts
as provided in the foregoing provisions of this subsection, any such
is not available to farm labor contractors in the same manner and in
employee shall be subject to the provisions of this Act and regulations
the same amounts as such coverage is available to other carriers used to
prescribed hereunder to the same extent as if he were required to
transport passengers in interstate commerce;".
obtain a certificate of registration in his own name.
(c) No person shall engage the services of any farm labor contractor
(3) has filed, within such time as the Secretary may prescribe,
a set of his fingerprints
to supply farm laborers unless he first determines that the farm labor
(4) has filed, under such ierms as the Secretary may prescribe,
conntractor possesses a certificate from the Secretary that is in full force
a statement identifying each vehicle to be used by the applicant for the
and effect at the time he contracts with the farm labor contractor.
(d) Upon determination by the Secretary that any person knowingly
transportation. of migrant workers, and all real property to be used
by the applicant for the housing of migrant workers, during the
has engaged the services of any farm labor contractor who does not possess
period for which registration is sought, along with proof that every
such certificate as required by subsection (c) of this section, the Secretary
such vehicle and all such housing currently conform to all applicable
is authorized to deny such person the facilities and services authorized by
Federal and State safety and health standards to the extent that such
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.
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
ISSUANCE OF CERTIFICATE OF REGISTRATION
available to accept service of summons in any action against such
SEC. 5. (a) The Secretary shall, after appropriate investigation,
farm labor contractor at any and all times during which such farm
issue a certificate of registration under this Act to any person who-
labor contractor has departed from the jurisdiction in which such
(1) has executed and filed with the Secretary a written appli-
action is commenced or otherwise has become unavailable to accept
cation subscribed and sworn to by the applicant containing such
service, under such terms and conditions as are set by the court in
information (to the best of his knowledge and belief) concerning
which such action has been commenced.
his conduct and method of operation as a farm labor contractor
(b) Upon notice and hearing in accordance with regulations pre-
as the Secretary may require in order effectively to carry out the
scribed by him, the Secretary may refuse to issue, and may suspend,
provisions of this Act;
revoke, or refuse to renew a certificate of registration to any farm
(2) has filed, within such time as the Secretary may prescribe,
labor contractor if he finds that such contractor—
proof satisfactory to the Secretary of the financial responsibility
(1) knowingly has made any misrepresentations or false state-
of the applicant or proof satisfactory to the Secretary of the
ments in his application for a certificate of registration or any re-
existence of a policy of insurance which insures such applicant
newal thereof;
against liability for damages to persons or property arising out of
(2) knowingly has given false or misleading information to
the applicant's ownership of, operation of, or his causing to be
migrant workers concerning the terms, conditions, or existence of
operated any vehicle for the transportation of migrant workers in
agricultural employment;
connection with his business, activities, or operations as a farm
(3) has failed, without justification, to perform agreements
labor contractor. [The amount of any such policy of insurance
entered into or arrangements with farm operators;
shall be not less than the amount required under the law or regu-
(4) has failed, without justification, to comply with the terms
lation of any State in which such applicant operates a vehicle in
of any working arrangements he has made with migrant workers;
connection with his business, activities, or operations as a farm
(5) has failed to show financial responsibility satisfactory to
labor contractor; but in no event shall the amount of such in-
the Secretary required by subsection (a) (2) of this section or has
surance be less than $5,000 for bodily injuries to or death of one
failed to keep in effect a policy of insurance required by subsec-
person; $20,000 for bodily injuries to or death of all persons in-
tion (a) (2) of this section;
jured or killed in any one accident; $5,000 for the loss or damage
(6) has recruited, employed, or utilized, [the services of a
in any one accident to property of others; and. In no event shall
person with knowledge that such person is violating the provisions
the amount of such insurance be less than the amount currently
of the immigration and nationality laws of the United States;]
applicable to vehicles used in the transportation of passengers in
16
17
with knowledge, the services of any person, who is an alien not law-
OBLIGATIONS AND PROHIBITIONS
fully admitted for permanent residence, or who has not been authorized
by the Attorney General to accept employment;
SEC. 6. Every farm labor contractor shall-
(7) has been convicted of any crime under State or Federal law
(a) carry his certificate of registration with him at all times while
relating to gambling or to the sale, distribution, or possession of
engaging in activities as a farm labor contractor and exhibit the same
alcoholic liquors in connection with or incident to his activities
to all persons with whom he intends to deal in his capacity as a farm
as a farm labor contractor; or has been convicted of any crime
labor contractor prior to so dealing and shall be denied the facilities
under State or Federal law involving robbery, bribery, extortion,
and services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.),
embezzlement, grand larceny, burglary, arson, violation of nar-
upon refusal or failure to exhibit the same;
cotics laws, murder, rape, assault with intent to kill, assault
(b) ascertain and disclose to each worker at the time the worker is
which inflicts grievous bodily injury, [or prostitution] prostitu-
recruited the following information to the best of his knowledge and
tion, or peonage; where the date of the judgment of conviction of any
belief: (1) the area of employment, (2) the crops and operations on
crime as specified herein has been entered within a period of five years
which he may be employed, (3) the transportation, housing, and in-
preceding the action of the Secretary under this subsection;
surance to be provided him, (4) the wage rates to be paid him, [and]
(8) has failed to comply with rules and regulations promul-
(5) the charges to be made by the contractor for his services [:] (6) the
gated by the Interstate Commerce Commission that are applica-
period of employment, (7) the existence of a strike or other concerted
ble to his activities and operations in interstate commerce;
stoppage, slowdown, or interruption of operations by employees at the place
(9) knowingly employs or continues to employ any person to
of contracted employment, and (8) the existence of any arrangements with
whom subsection (b) of section 4 of this Act applies who has
any owner, proprietor, or agent of any commercial or retail establishment in
taken any action, except for that listed in paragraph (5) of this
the area of employment under which he is to receive a commission or any
subsection, which could be used by the Secretary under this
other benefit resulting from any sales provided to such commercial or retail
subsection to refuse to issue a certificate of registration; [or]
establishment from the migrant workers whom he recruits. The disclosure
(10) has failed to comply with any of the provisions of this
required under this subsection shall be in writing in a language in which
Act or any regulations issued hereunder;
the worker is fluent, and written in a manner understandable by such
(11) is not in fact the real party in interest in any such applica-
workers on such forms and under such terms and conditions as the
tion or certificate of registration and that the real party in interest
Secretary shall prescribe.
is a person, firm, partnership, association, or corporation who pre-
(c) upon arrival at a given place of employment, post in a con-
viously has been denied a certificate of registration, has had a cer-
spicuous place a written statement of the terms and conditions of
tificate of registration suspended or revoked, or who does not pres-
that employment;
ently qualify for a certificate of registration; or
(d) in the event he manages, supervises, or otherwise controls the
(12) has used a vehicle for the transportation of migrant workers,
housing facilities, post in a conspicuous place the terms and conditions
or has used real property for the housing of migrant workers, while
of occupancy; [and]
such vehicle or real property failed to conform to all applicable
(e) in the event he pays migrant workers engaged in [interstate]
Federal and State safety and health standards, to the extent any
agricultural employment, either on his own behalf or on behalf of
such vehicle or real property has come within the ownership or
another person, keep payroll records which shall show for each worker
control of such farm labor contractor.
total earnings in each payroll period, all withholdings from wages,
(c) A certificate of registration, once issued, may not be transferred
and net earnings. In addition, for workers employed on a time basis,
or assigned and shall be effective for the remainder of the calendar
the number of units of time employed and the rate per unit of time
year during which it is issued, unless suspended or revoked by the
shall be recorded on the payroll records, and for workers employed on
Secretary as provided in this Act. A certificate of registration may
a piece rate basis, the number of units of work, performed and the
be renewed each calendar year upon approval by the Secretary of an
rate per unit shall be recorded on such records. In addition he shall
application for its renewal.
provide to each migrant worker engaged in [interstate] agricultural
(d) Persons issued a certificate of registration under this section shall
employment with whom he deals in a capacity as a farm labor con-
provide to the Secretary a notice of each and every address change within
tractor a statement of all sums paid to him (including sums received
10 days after such change. The Secretary shall maintain a public central
on behalf of such migrant worker) on account of the labor of such
registry of all persons issued certificates of registration under this section.
migrant worker. He shall also provide each such worker with an
Persons issued a certificate of registration under this section shall provide
itemized statement showing all sums withheld by him from the amount
to the Secretary documentation required under section 5(a) (4) of the Act
he received on account of the labor of such worker, and the purpose
applicable to any vehicle which the applicant obtains for use in the trans-
for which withheld. [The Secretary may prescribe an appropriate form
portation of migrant workers and any real property which the applicant
for recording such information.) He shall additionally provide to the
obtains or learns will be used for the housing of migrant workers during
person to whom any migrant worker is furnished all information and
the period for which the certificate of registration is issued, within ten
records required to be kept by such contractor under this subsection,
days after he obtains or learns of the intended use of such vehicle or
and all information required to be provided to any migrant worker
real property, to the extent that such vehicle or such real property is under
under this subsection. The Secretary may prescribe appropriate forms
the ownership or control of such persons who have been issued certificates
for the recording of information required by this subsection;
of registration.
18
19
(f) refrain from recruiting, employing, or utilizing, with knowledge,
sentenced to a prison term not to exceed one year, or both, and upon
the services of any person, who is an alien not lawfully admitted for
conviction for any subsequent violation shall be punishable by a fine not to
permanent residence or who has not been authorized by the Attorney
exceed $10,000 or sentenced to a prison term not to exceed three years, or
General to accept employment;
both. The Secretary shall report on enforcement of the provisions of this
(g) promptly pay or contribute when due to the individuals entitled
Act in the annual report of the Secretary required pursuant to section 9, of
thereto all moneys or other things of value entrusted to the farm labor
the Act entitled "An Act to Create a Department of Labor", approved
contractor by any farm operator for such purposes; and
March 4, 1913 (37 Stat. 738, 29 U.S.C. 560). The reporting hereunder
(h) refrain from requiring any worker to purchase any good solely
shall include, but shall not be limited to, a description of efforts to monitor
from such farm labor contractor or any other person.
and investigate the activities of farm labor contractors, the number of
persons to whom certificates of registration have been issued, the number of
AUTHORITY TO OBTAIN INFORMATION
complaints of violations received by the Secretary and their disposition,
and the number and nature of any sanctions imposed.
SEC. 7. The Secretary or his designated representative may investi-
(b)(1) Any person who commits a violation of this Act or any regula-
gate and gather data with respect to matters which may aid in carry-
tions promulgated under this Act, may be assessed a civil money penalty
ing out the provisions of this Act. In any case in which a complaint
of not more than $1,000 for each violation. The penalty shall be assessed
has been filed with the Secretary regarding a violation of this Act or
by the Secretary upon written notice, under the procedures set forth herein.
with respect to which the Secretary has reasonable grounds to believe
(2) The person assessed shall be afforded an opportunity for agency
that a farm labor contractor has violated any provisions of this Act,
hearing, upon request made within thirty days after the date of issu-
the Secretary or his designated representative may investigate and
ance of the notice of assessment. In such hearing, all issues shall be
gather data respecting such case, and may, in connection therewith,
determined on the record pursuant to section 554 of title 5, United States
enter and inspect such places and such records (and make such tran-
Code. The agency determination shall be made by final order subject to
scriptions thereof), question such persons, and investigate such facts.
review only as provided in paragraph (3). If no hearing is requested as
conditions, practices, or matters as may be necessary or appropriate
herein provided, the assessment shall constitute a final and unappealable
to determine whether a violation of this Act has been committed. The
order.
Secretary may issue subpenas requiring the attendance and testimony
(3) Any person against whom an order imposing a civil money penalty
of witnesses or the production of any evidence in connection with such
has been entered after an agency hearing under this section may obtain
investigations. The Secretary may administer oaths and affirmations,
review by the United States district court for any district in which he is
examine witnesses, and receive evidence. For the purpose of any hear-
located or the United States District Court for the District of Columbia
ing or investigation provided for in this chapter, the provisions of sec-
by filing a notice of appeal in such court within 30 days from the date of
tions 9 and 10 of the Federal Trade Commission Act of September 16,
such order, and simultaneously sending a copy of such notice by registered
1914 (15 U.S.C. 49, 50) (relating to the attendance of witnesses and
mail to the Secretary. The Secretary shall promptly certify and file in such
the production of books, papers, and documents), are made applicable
court the record upon which the penalty was imposed. The findings of the
to the jurisdiction, powers, and duties of the Secretary. The Secretary
Secretary shall be set aside if found to be unsupported by substantial
shall conduct investigations in a manner which protects the confi-
evidence as provided by section 706(2) (E) of title 5, United States Code.
dentiality of any complainant or other party who provides informa-
(4) If any person fails to pay an assessment after it has become a
tion to the Secretary with respect to which the Secretary commences
final and unappealable order, or after the court has entered final judg-
an investigation. The Secretary shall monitor and investigate activities
ment in favor of the agency, the Secretary shall refer the matter to the
of farm labor contractors in such manner as is necessary to enforce
Attorney General, who shall recover the amount assessed by action in
the provisions of this Act.
the appropriate United States district court. In such action the validity
and appropriateness of the final order imposing the penalty shall not
AGREEMENTS WITH FEDERAL AND STATE AGENCIES
be subject to review.
(5) All penalties collected under authority of this section shall be
SEC. 8. The Secretary is authorized to enter into agreements with
paid into the Treasury of the United States.
Federal and State agencies, to utilize (pursuant to such agreements)
(c) Notwithstanding subsections (a) and (b) of this section, any
the facilities and services of the agencies, and to delegate to the
farm labor contractor who commits a violation of subsection 6(f) of
agencies such authority, other than rulemaking, as he deems necessary
the Act or any regulations promulgated thereunder shall upon convic-
in carrying out the provisions of this Act, and to allocate or transfer
tion be fined not to exceed $10,000 or sentenced to a prison term not to
funds or otherwise to pay or to reimburse such agencies for expenses
exceed three years, or both, if the person committing such violation has
in connection therewith.
failed to obtain a certificate of registration pursuant to this Act or is one
whose certificate has been suspended or revoked by the Secretary.
PENALTY PROVISIONS
APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT
SEC. 9. (a) Any farm labor contractor or employee thereof who will-
fully and knowingly violates any provision of this Act [or any regula-
SEC. 10. The provisions of the Administrative Procedure Act (5
tion prescribed hereunder] shall be fined not more than $500[.],
U.S.C. 011 and the following) shall apply to all administrative pro-
ceedings conducted pursuant to the authority contained in this Act
20
21
JUDICIAL REVIEW
(b) Any worker who believes, with just cause, that he has been dis-
SEC. 11. Any person aggrieved by any order of the Secretary in
criminated against by any person in violation of this section may, within
refusing to issue or renew, or in suspending or revoking, a certificate
180 days after such violation occurs, file a compaint with the Secretary
of registration may obtain a review of any such order by filing in the
alleging such discrimination. Upon receipt of such complaint the Secre-
district court of the United States for the district wherein such person
tary shall cause such investigation to be made as he deems appropriate. If
resides or has his principal place of business, or in the United States
upon such investigation, the Secretary determines that the provisions of
District Court for the District of Columbia, and serving upon the
this section have been violated, he shall bring an action in any appropriate
Secretary, within thirty days after the entry of such order, a written
United States district court against such person. In any such action the
petition praying that the order of the Secretary be modified or set
United States district courts shall have jurisdiction, for cause shown, to
aside in whole or in part. Upon receipt of any such petition, the
restrain violation of subsection (a) and order all appropriate relief includ-
Secretary shall file in such court a full, true, and correct copy of the
ing rehiring or reinstatement of the worker, with back pay, or damages.
transcript of the proceedings upon which the order complained of was
entered. Upon the filing of such petition and receipt of such transcript,
RECORDKEEPING
such court shall have jurisdiction to affirm, set aside, modify, or
SEC. 14. Any person who is furnished any migrant worker by a farm
enforce such order, in whole or in part. In any such review, the finding
labor contractor shall maintain all payroll records required to be kept
of fact of the Secretary shall not be set aside if supported by substantial
by such persons under Federal law, and with respect to migrant workers
evidence. The judgment and decree of the court shall be final, sub-
paid by a farm labor contractor such person shall also obtain from the
ject to review as provided in sections 1254 and 1291 of title 28, United
contractor and maintain records containing the information required to be
States Code.
provided to him by the contractor under section 6(e) of the Act.
CIVIL RELIEF
STATE LAWS AND REGULATIONS
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
Sec. [12] 15. This Act and the provisions contained herein are
suit in any district court of the United States having jurisdiction of the
intended to supplement State action and compliance with this Act
parties without respect to the amount in controversy or without regard
shall not excuse anyone from compliance with appropriate State law
to the citizenship of the parties and without regard to exhaustion of any
and regulation.
alternative administrative remedies provided herein.
SEVERABILITY
(b) Upon application by the complainant and in such circumstances as the
court may deem just, the court may appoint an attorney for such complain-
Sec.
[13] 16. If any provision of this Act, or the application thereof
ant and may authorize the commencement of the action. If the court finds
to any person or circumstance, shall be held invalid, the remainder of
that the respondent has intentionally violated any provision of this Act
the Act and the application of such provision to other persons or
or any regulation prescribed hereunder, it may award damages up to
circumstances shall not be affected thereby.
and including an amount equal to the amount of actual damages, or $500
for each violation, or other equitable relief. Any civil action brought under
RULES AND REGULATIONS
this section shall be subject to appeal as provided in chapter 83 of title 28,
United States Code.
Sec. [14] 17. The Secretary is authorized to issue such rules and
(c) If upon investigation the Secretary determines that the provisions
regulations as he determines necessary for the purpose of carrying out
of this Act have been violated, he may petition any appropriate district
the provisions [of sections 4, 5, 6, and 8] of this Act.
court of the United States for temporary or permanent injunctive relief.
(d) Except as provided in section 518(a) of title 28, United States
WAIVER OF RIGHTS
Code, relating to litigation before the Supreme Court, the Solicitor of
SEC. 18. Any agreement by an employee purporting to waive or to
Labor may appear for and represent the Secretary in any civil litiga-
tion brought under this Act but all such litigation shall be subject to the
modify his rights hereunder shall be void as contrary to public policy,
except a waiver or modification of rights or obligations hereunder in
direction and control of the Attorney General.
favor of the Secretary shall be valid for purposes of enforcement of the
DISCRIMINATION PROHIBITED
provisions of the Act.
SEC 13. (a) No person shall intimidate, threaten, restrain, coerce,
AUTHORIZATION OF APPROPRIATIONS
blacklist, discharge, or in any manner discriminate against any migrant
worker because such worker has, with just cause, filed any complaint or
SEC. 19. There are authorized to be appropriated to carry out the
instituted or caused to be instituted any proceeding under or related to
purposes of this Act, such sums as may be necessary for the effective en-
this Act or has testified or is about to testify in any such proceedings or
forcement of this Act.
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.
S. 3202
Ainety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To 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 by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) this Act
may be cited as the "Farm Labor Contractor Registration Act Amend-
ments of 1974".
(b) Unless the context otherwise requires, whenever in this Act
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.).
SEC. 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;
"(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 United 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:
"(d) The term 'agricultural employment' means employment in
any service or activity included within the provisions of section 3(f)
of the Fair Labor Standards Act of 1938 (29 U.S.C. (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
the following new subsections:
S. 3202-2
"(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-
(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-
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
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.".
SEC. 6. Section 5(a) (2) is amended by striking the second sentence
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
as provided 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 contractors in the same manner and in
the same amounts as such coverage is available to other carriers used
to transport passengers in interstate commerce;".
SEC. 7. Section 5 (b) is amended by-
(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
S. 3202-3
(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";
(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
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
public central registry of all persons issued certificates of registration
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.".
SEC. 9. Section 6(a) of the Act is amended by inserting immediately
before the semicolon at the end thereof the following: "and shall be
denied the 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 with 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
S. 3202-4
workers whom the 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 workers on such forms
and under such terms and conditions as the Secretary shall prescribe."
SEC. 11. (a) Section 6 is amended by-
(1) striking "and" after paragraph (d),
(2) striking the period at the end of paragraph (e) and insert-
ing in lieu thereof a semicolon, and
(3) adding at the end thereof the following new paragraphs:
(f) refrain from recruiting, employing, or utilizing, with
knowledge, the services of any person, who is an alien not law-
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
"(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.
SEC. 12. Section 7 is amended by adding at the end thereof the
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 provided 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. 13. Section 9 of the Act is amended by inserting the subsection
designation "(a)" at the beginning thereof; by striking out "or any
regulation prescribed hereunder"; and by striking the period 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-
CORRECTED SHEET
S. 3202-5
tary shall report on enforcement of the provisions of this Act in the
annual report of the Secretary required pursuant 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 whom 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 imposed.
(b) (1) Any person who commits a violation of this Act or any
regulations 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.
" (2) The person assessed shall be afforded an opportunity for agency
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
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
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
farm labor contractor who commits a violation of subsection 6(f)
of the Act or any regulations promulgated thereunder shall upon
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-
tions 15, 16, and 17, respectively, and by inserting after section 11
the following:
S. 3202-6
"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
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.
(c) If 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 injune-
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.
"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
S. 3202-7
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 under section 6(e) of
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.
"AUTHORIZATION OF APPROPRIATIONS
"Sec. 19. There are authorized to be appropriated to carry out the
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
amended by striking "of sections 4, 5, 6, and 8".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
FOR IMMEDIATE RELEASE
DECEMBER 9, 1974
Office of the White House Press Secretary
THE WHITE HOUSE
STATEMENT BY THE PRESIDENT
In the decade since enactment of the "Farm Labor Contractor Registration
Act of 1963, it became apparent that the law did not adequately protect
migrant farm workers from various abuses. For about a year, the Admin-
istration has worked with the Congress to develop legislation to improve the
Act. There has been give and take on all sides. I am pleased that this
cooperation has greatly strengthened the Act.
On October 29, 1974, I vetoed a similar bill, H. R. 13342. It contained an
objectionable rider entirely unrelated to improving the working conditions of
migrant workers. The rider would have changed the classifications of certain
Department of Labor administrative law judges, members of the Benefits
Review Board, and other persons in no way involved with migrant workers.
At that time, I urged the Congress to reenact this legislation without the ob-
jectionable rider. I am very pleased that it has done SO.
This legislation, S. 3202, makes a number of improvements in the Act,
including the following:
The Act's coverage is expanded. Under existing law, a crew leader
has to be recruiting migrant workers on an interstate basis--10 or
more workers at any one time--before being required to register
as a farm labor contractor. This bill removes these restrictions
except with respect to those operating with a 25-mile intrastate
radius of their homes and for 13 weeks a year or less. This
provides protection for many more migrant workers under the Act.
Sanctions against violators are expanded. The only penalty which may
be imposed against crew leaders who violate the present law is a
$500 fine. It has been relatively ineffective against violations. This
legislation adds a jail sentence of up to one year to the present
$500 criminal fine, and a maximum fine of $10,000 as well as a
maximum three-year jail sentence for subsequent violations--in-
cluding unregistered crew leaders who knowingly recruit illegal
aliens. The Labor Department is now authorized additionally to seek
injunctions and assess administrative civil money penalties. Private
individuals also have the right to bring civil suits. Those discrimated
against are offered means to exercise their rights under the Act.
The Labor Department is also given increased investigatory authority.
In short, crew leaders now have greater responsibilities toward the
migrant workers they recruit.
Other leaders' responsibilities are increased. Under this legislation,
crew leaders must obtain increased vehicle insurance coverage, and
provide transportation and housing which satisfy State and Federal
health and safety requirements. Crew leaders must make a complete
employment disclosure to the migrant workers they recruit. This
disclosure must now be written, and in a language in which the
workers are fluent.
(MORE)
- 2 -
--
The Act prohibits use of unregistered crew leaders and calls
for improved record keeping.
I strongly believe that these and the other amendments to the Farm Labor
Contractor Registration Act will go a long way toward improving the working
conditions of our Nation's migrant farm workers. I therefore am pleased
to have signed into law the Farm Labor Contractor Registration Act
Amendments of 1974
# # #
3
November 27, 1974
Dear Mr. Director:
The following bills were received at the White
House on November 27th:
8. 3202
H.R. 342
H.R. 15580
H.R. 17503
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office or Management and Budget
Washington, D. C.