109th CONGRESS
1st Session
H. R. 4504
To amend the Migrant and Seasonal Agricultural Worker Protection
Act to provide for recovery of attorneys fees and a statute of limitations,
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, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Migrant and Seasonal Agricultural Worker Protection
Act to provide for recovery of attorneys fees and a statute of limitations,
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 `Agriculture Access to Justice Act'.
SEC. 2. STATUTORY DAMAGES.
Section 504(c)(1) of the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1854(c)(1)) is amended to read as follows:
`(c)(1) If the court finds that the respondent has intentionally violated
any provision of this Act or any regulation under this Act, it may award
damages up to and including an amount equal to the amount of actual damages
or other equitable relief. In addition, if the court finds beyond a reasonable
doubt that the respondent has intentionally violated any provision of this
Act or any regulation under this Act, it may award statutory damages of
up to $500 per plaintiff per violation, except that (A) multiple infractions
of a single provision of this Act or of regulations under this Act shall
constitute only one violation for purposes of determining the amount of
statutory damages due a plaintiff; and (B) if such complaint is certified
as a class action, the court shall award no more than the lesser of up to
$500 per plaintiff per violation, or up to $500,000 or other equitable relief.'.
SEC. 3. RECOVERING ATTORNEYS' FEES.
Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1854) is further amended by inserting after subsection (f) the
following:
`(g)(1) In any action under this section where the defendant prevails and
the plaintiff is represented by an attorney who is employed by an entity
receiving funds from the Legal Services Corporation, such entity receiving
such funds shall award to the prevailing defendant, fees and other expenses
incurred by the defendant in connection with the action. For purposes of
this section, the term `fees and other expenses' has the meaning given that
term in section 504(b)(1)(A) of title 5, United States Code.
`(2) The court shall take whatever steps necessary, including the imposition
of sanctions, to ensure compliance with this subsection.'.
SEC. 4. STATUTE OF LIMITATIONS.
Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1854) is further amended by inserting after subsection (g) (as
added by section 3) the following:
`(h) No claim may be brought under this section after 2 years after the
date on which a request is made under subsection (b)(1)(A).'.
END
