109th CONGRESS
1st Session

H. R. 4502

To amend the Migrant and Seasonal Agricultural Worker Protection Act to provide an exemption for workers who work year-round and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 13, 2005

Mr. NORWOOD (for himself, Mr. DAVIS of Tennessee, and Mr. GRAVES) introduced the following bill; which was referred to the Committee on Education and the Workforce

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A BILL

To amend the Migrant and Seasonal Agricultural Worker Protection Act to provide an exemption for workers who work year-round and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Family Farm and Agricultural Definitions Restoration Act'.

SEC. 2. APPLICABILITY OF THE MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT.

(a) Family Business Exemption- Section 4(a)(1) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1803(a)(1)) is amended by inserting before the period the following: `, such individual's employees choose to work for another person in addition to their work for that individual, such individual used a State employment service agency to obtain employees, or such individual obtained referrals for employment from the other migrant or seasonal agricultural workers'.

(b) Year-Round Employment- Section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802) is amended--

(1) in paragraph (8)(B)--

(A) in clause (i), by striking `or' at the end;

(B) in clause (ii), by striking the period and inserting `; or'; and

(C) by adding at the end the following:

`(iii) any individual who is employed by a specific agricultural employer or association on a year-round basis.';

(2) in paragraph (10)(B)--

(A) in clause (ii), by striking `or' at the end;

(B) in clause (iii), by striking the period and inserting `; or'; and

(C) by adding at the end the following:

`(iv) any individual who is employed by a specific agricultural employer or association on a year-round basis.'.

(c) Carpool Arrangements- Section 3(6) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802(6)) is amended by inserting at the end the following: `Such term does not include a migrant or seasonal agricultural worker who voluntarily enters into carpool arrangements or who is directed or requested to do so by a person pursuant to Federal, State, or local law.'.

END