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 PUBLIC LAW 97-468—JAN. 14, 1983

96 STAT. 2573

(c) Transferred employees whose employment with the Stateowned railroad is terminated during the two-year period commencing on the date of transfer shall be entitled to all of the rights and benefits of discontinued employees that such employees would have had under Federal law if their termination had occurred immediately before the date of the transfer, except that financial compensation paid to officers of the Alaska Railroad shall be limited to that compensation provided pursuant to section 604(d)(3)(E) of this title. Such employees shall also be entitled to seniority and other benefits accrued under Federal law while they were employed by the Stateowned railroad on the same basis as if such employment had been Federal service. (d) Any employee who transfers to the State-owned railroad under this title shall not be entitled to lump-sum payment for unused annual leave under section 5551 of title 5, United States Code, but shall be credited by the State with the unused annual leave balance at the time of transfer. STATE OPERATION

SEC. 608. (a)(1) After the date of transfer to the State pursuant to 45 USC 1207. section 604 of this title, the State-owned railroad shall be a rail carrier engaged in interstate and foreign commerce subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of subtitle IV of title 49, United States Code, and all other Acts applicable to rail carriers subject to that chapter, including the antitrust laws of the United States, except, so long as it is an instrumentality of the State of Alaska, the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railroad Retirement Tax Act (26 U.S.C. 3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly referred to as the "Federal Employers' Liability Act"), and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this title shall preclude the State from explicitly invoking by law any exemption from the antitrust laws as may otherwise be available. (2) The transfer to the State authorized by section 604 of this title and the conferral of jurisdiction to the Interstate Commerce Commission pursuant to paragraph (1) of this subsection are intended to confer upon the State-owned railroad all business opportunities available to comparable railroads, including contract rate agreements meeting the requirements of section 10713 of title 49, United States Code, notwithstanding any participation in such agreements by connecting water carriers. (3) All memoranda which sanction noncompliance with Federal railroad safety regulations contained in 49 CFR Parts 209-236, and which are in effect on the date of transfer, shall continue in effect according to their terms as "waivers of compliance" (as that term is used in section 202(c) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(c))). (4) The operation of trains by the State-owned railroad shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members which must be employed in connection with the operation of such trains. (5) Revenues generated by the State-owned railroad shall be retained and managed by the State-owned railroad for railroad and related purposes. (6)(A) After the date of transfer, continued operation of the Alaska Railroad by a public corporation, authority or other agency of the

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 96 STAT. 2574

PUBLIC LAW 97-468—JAN. 14, 1983

State shall be deemed to be an exercise of an essential governmental function, and revenue derived from such operation shall be deemed to accrue to the State for the purposes of section 115(aKl) of the Internal Revenue Code of 1954 (26 U.S.C. 115(a)(l)). Obligations issued by such entity shall also be deemed obligations of the State for the purposes of section 103(a)(l) of the Internal Revenue Code of 1954 (26 U.S.C. 103(a)(1)), but not obligations within the meaning of section 103(b)(2) of the Internal Revenue Code of 1954 (26 U.S.C. 103(b)(2)). (B) Nothing in this title shall be deemed or construed to affect customary tax treatment of private investment in the equipment or other assets that are used or owned by the State-owned railroad. (b) As soon as practicable after the date of enactment of this Act, the Interstate Commerce Commission shall promulgate an expedited, modified procedure for providing on the date of transfer a certificate of public convenience and necessity to the State-owned railroad. No inventory, valuation, or classification of property owned or used by the State-owned railroad pursuant to subchapter V of chapter 107 of title 49, United States Code (49 U.S.C. 10781 et seq.) shall be required during the two-year period after the date of transfer. The provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 382(b) of the Energy Policy and Conservation Act (42 U.S.C. 6362(b)) shall not apply to actions of the Commission under this subsection. (c) The State-owned railroad shall be eligible to participate in all Federal railroad assistance programs on a basis equal to that of other rail carriers subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of subtitle IV of title 49, United States Code. (d) After the date of transfer to the State pursuant to section 604 of this title, the portion of the rail properties within the boundaries of the Chugach National Forest and the exclusive-use easement within the boundaries of the Denali National Park and Preserve shall be subject to laws and regulations for the protection of forest and park values. The right to fence the exclusive-use easement within Denali National Park and Preserve shall be subject to the concurrence of the Secretary of the Interior. The Secretary of the Interior, or the Secretary of Agriculture where appropriate, shall not act pursuant to this subsection without consulting with the Governor of the State of Alaska or in such a manner as to unreasonably interfere with continued or expanded operations and support functions authorized under this title. FUTURE RIGHTS-OF-WAY

45 USC 1208.

SEC. 609. (a) After the date of enactment of this Act, the State or State-owned railroad may request the Secretary of the Interior or the Secretary of Agriculture, as appropriate under law, to expeditiously approve an application for a right-of-way in order that the Alaska Railroad or State-owned railroad may have access across Federal lands for transportation and related purposes. The State or State-owned railroad may also apply for a lease, permit, or conveyance of any necessary or convenient terminal and station grounds and material sites in the vicinity of the right-of-way for which an application has been submitted. O> Before approving a right-of-way application described in subt) section (a) of this section, the Secretary of the Interior or the

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 PUBLIC LAW 97-468—JAN. 14, 1983

96 STAT. 2575

Secretary of Agriculture, as appropriate, shall consult with the Secretary. Approval of an application for a right-of-way, permit, lease, or conveyance described in subsection (a) of this section shall be pursuant to applicable law. Rights-of-way, grounds, and sites granted pursuant to this section and other applicable law shall conform, to the extent possible, to the standards provided in the Act of March 12, 1914 (43 U.S.C. 975 et seq.) and section 603(6) of this title. Such conformance shall not be affected by the repeal of such Act under section 615 of this title. (c) Reversion to the United States of any portion of any right-ofway or exclusive-use easement granted to the State or State-owned railroad shall occur only as provided in section 610 of this title. For purposes of such section, the date of the approval of any such rightof-way shall be deemed the "date of transfer". REVERSION

SEC. 610. (a) If, within ten years after the date of transfer to the State authorized by section 604 of this title, the Secretary finds that all or part of the real property transferred to the State under this title, except that portion of real property which lies within the boundaries of the Denali National Park and Preserve, is converted to a use that would prevent the State-owned railroad from continuing to operate, that real property (including permanent improvements to the property) shall revert to the United States Government, or (at the option of the State) the State shall pay to the United States Government an amount determined to be the fair market value of that property at the time its conversion prevents continued operation of the railroad. (b) If, after the date of transfer pursuant to section 604 of this title, the State discontinues use of any land within the right-of-way, the State's interest in such land shall revert to the United States. The State shall be considered to have discontinued use within the meaning of this subsection and subsection (d) of this section when: (1) the Governor of the State of Alaska delivers to the Secretary of the Interior a notice of such discontinuance, including a legal description of the property subject to the notice, and a quitclaim deed thereto; or (2) the State has made no use of the land for a continuous period of eighteen years for transportation, communication, or transmission purposes. Notice of such discontinuance shall promptly be published in the Federal Register by the Secretary, the Secretary of the Interior, or the Secretary of Agriculture, and reversion shall be effected one year after such notice, unless within such one-year period the State brings an appropriate action in the United States District C!ourt for the District of Alaska to establish that the use has been continuing without an eighteen-year lapse. Any such action shall have the effect of staying reversion until exhaustion of appellate review from the final judgment in that action or termination of the right to seek such review, whichever first occurs. (c) Upon such reversion pursuant to subsection (b) of this section, the Secretary of the Interior shall immediately convey by patent to abutting landowners all right, title and interest of the United States. Where land abutting the reverted right-of-way is owned by different persons or entities, the conveyance made pursuant to this

45 USC 1209.

Publication in R|^^^J.

^

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 96 STAT. 2576

PUBLIC LAW 97-468—JAN. 14, 1983 subsection shall extend the property of each abutting owner to the centerline of the right-of-way. (d) If use is discontinued (as that term is used in subsection (b) of this section) of all or part of those properties of the Alaska Railroad transferred to the State pursuant to this title which lie within the boundaries of the Denali National Park and Preserve or the Chugach National Forest, such properties or part thereof (including permanent improvements to the property) shall revert to the United States and shall not be subject to subsection (c) of this section. Upon such reversion, jurisdiction over that property shall be transferred to the Secretary of the Interior or the Secretary of Agriculture, as appropriate, for administration as part of the Denali National Park and Preserve or the Chugach National Forest. (e) Except as provided in subsections (a) through (d) of this section, if, within five years after the date of transfer to the State pursuant to section 604 of this title, the State sells or transfers all or substantially all of the State-owned railroad to an entity other than an instrumentality of the State, the proceeds from the sale or transfer that exceed the cost of any rehabilitation and improvement made by the State for the State-owned railroad and any net liabilities incurred by the State for the State-owned railroad shall be paid into the general fund of the Treasury of the United States. (f) The Attorney General, upon the request of the Secretary, the Secretary of the Interior, or the Secretary of Agriculture, shall institute appropriate proceedings to enforce this section in the United States District Court for the District of Alaska. OTHER DISPOSITION

45 USC 1210.

^

Ante, p. 2564.

SEC. 611. If the Secretary has not certified that the State has satisfied the conditions under section 604 within one year after the date of delivery of the report referred to in section 605(a) of this title, the Secretary may dispose of the rail properties of the Alaska Railroad. Any disposal under this section shall give preference to a buyer or transferee who will continue to operate rail service, except that— (1) such preference shall not diminish or modify the rights of the Cook Inlet Region, Incorporated (as that term is used in section 12 of the Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1150)), pursuant to such section, as amended by section 606(d) of this title; and (2) this section shall not be construed to diminish or modify the powers of consent of the Secretary or the State under section 120t)X8) of such Act, as amended by section 606(d)(5) of this title. Any disposal under this section shall be subject to valid existing rights. DENAU NATIONAL PARK AND PRESERVE LANDS

45 USC 1211.

SEC. 612. On the date of transfer to the State (pursuant to section 604 of this title) or other disposition (pursuant to section 611 of this title), that portion of rail properties of the Alaska Railroad within the Denali National Park and Preserve shall, subject to the exclusive-use easement granted pursuant to section 6O40t)XlXD) of this title, be transferred to the Secretary of the Interior for administration as part of the Denali National Park and Preserve, except that a

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 PUBLIC LAW 97-468—JAN. 14, 1983

96 STAT. 2577

transferee under section 611 of this title shall receive the same interest as the State under section 604(b)(l)(D) of this title. APPLICABILTTY OF OTHER LAWS

SEC. 613. (a) The provisions of chapter 5 of title 5, United States 45 USC 1212. Code (popularly known as the Administrative Procedure Act, and 5 USC 500 et seq. including provisions popularly known as the Government in the Sunshine Act), the Federal Advisory Committee Act (5 U.S.C. App. 15 USC app. et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to actions taken pursuant to this title, except to the extent that such laws may be applicable to granting of rights-of-way under section 609 of this title. (b) The enactment of this title, actions taken during the transition period as provided in section 605 of this title, and transfer of the rail properties of the Alaska Railroad under authority of this title shall be deemed not to be the disposal of Federal surplus property under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) or the Act of October 3, 1944, popularly referred to as the "Surplus Property Act of 1944" (50 U.S.C. App. 1622). Such events shall not constitute or cause the revocation of any prior withdrawal or reservation of land for the use of the Alaska Railroad under the Act of March 12, 1914 (43 U.S.C. 975 et seq.), the Alaska Statehood Act (note preceding 48 U.S.C. 21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the Act of January 2, 1976 (Public Law 94-204; 89 Stat. 1145), the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2371), and the general land and land management laws of the United States. (c) Beginning on the date of enactment of this Act, the ceiling on Government contributions for Federal employees health benefits insurance premiums under section 8906(b)(2) of title 5, United States Code, shall not apply to the Alaska Railroad. (d) Nothing in this title is intended to enlarge or diminish the acreage entitlement of the State or any Native Corporation pursuant to existing law. (e) With respect to interests of Native Corporations under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), except as provided in this title, nothing contained in this title shall be construed to deny, enlarge, grant, impair, or otherwise affect any judgment heretofore entered in a court of competent jurisdiction, or valid existing right or claim of valid existing right. CONFUCT WITH OTHER LAWS

SEC. 614. The provisions of this title shall govern if there is any 45 USC 1213. conflict between this title and any other law. REPEAL AND AMENDMENT OF EXISTING STATUTES

SEC. 615. (a) On the date of transfer to the State (pursuant to section 604 of this title) or other disposition (pursuant to section 611 of this title), whichever first occurs, the following provisions are (1) The Act of March 12, 1914 (43 U.S.C. 975 et seq.).

16 USC 353a.

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 96 STAT. 2578 48 USC 301a.

PUBLIC LAW 97-468—JAN. 14, 1983 (2) The Act of June 24, 1946, to authorize certain expenditures by the Alaska Railroad (60 Stat. 304). (3) The Act of July 19, 1932, concerning mining of coal adjacent to the Alaska Railroad (30 U.S.C. 208a). (4) Section 6(i) of the Department of Transportation Act (49 U.S.C. 1655(i)). (b) On the date of transfer to the State (pursuant to section 604 of this title) or other disposition (pursuant to section 611 of this title), whichever first occurs, the following provisions are amended as follows: (1) Title 5, United States Code, is amended— (A) in section 305(a), by striking paragraph (3), and by redesignating paragraphs (4)-(8) as paragraphs (3)-(7), respectively; (B) in section 3401(1), by striking clause (iii), and by redesignating clauses (iv)-(viii) as clauses (iii)-(vii), respectively; (C) in section 5102(a)(1), by striking clause (iii), and by redesignating clauses (iv)-(ix) as clauses (iii)-(viii), respectively; (D) in section 5342(a)(1), by striking subparagraph (C), and by redesignating subparagraphs (D)-(J) as subparagraphs (C)-(I), respectively; and (E) in section 7327, by striking subsection (a), and by striking the subsection designation "(b)". (2) Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended by striking "and the Alaska Railroad". (3) Section 10749(b) of title 49, United States Code, is amended— (A) by inserting "or" at the end of paragraph (1)(B); (B) by striking "; or" at the end of paragraph (2) and inserting in lieu thereof a period; and (C) by striking paragraph (3). (4) Section 324(a)(1) of the Public Health Service Act (42 U.S.C. 251(a)(1)) is amended by striking "employees of the Alaska Railroad and". (5) Section 202(3)(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 410hh-l(3)(a)) is amended by striking the third sentence. (6) Section l(o) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(o)) is amended by inserting immediately after "National Transportation Safety Board," the following: "the State-owned railroad (as defined in the Alaska Railroad Transfer Act of 1982), so long as it is an instrumentality of the State of Alaska,". SEPARABILITY

45 USC 1214.

SEC. 616. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to other persons or circumstances shall not be affected thereby.

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 PUBLIC LAW 97-468—JAN. 14, 1983 TITLE VII—RAIL SAFETY SHORT TITLE

96 STAT. 2579 Federal Railroad Safety Authorization Act of 1982.

SEC. 701. This title may be referred to as the "Federal Railroad 45 USC 421 note. Safety Authorization Act of 1982". REGULATORY AUTHORITY

SEC. 702. (a) Section 202(h)(l) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(h)(l)) is amended to read as follows: "(h)(l)(A) The Secretary shall, within one year after the date of enactment of the Federal Railroad Safety Authorization Act of 1982, issue such initial rules, regulations, orders, and standards as may be necessary to insure that the construction, maintenance, and operation of railroad passenger equipment maximize safety to rail passengers. The Secretary shall, as a part of any such rulemaking, consider comparable Federal regulations ana procedures which apply to other modes of transportation, especially those administered and enforced by the Federal Aviation Administration. The Secretary shall also consider relevant differences between commuter and intercity passenger service. The Secretary shall periodically review any such rules, regulations, orders, and standards and shall, after a nearing in accordance with subsection G^) of this section, make such revisions in any such rules, regulations, orders, and standards as may be necessary. "(B) The Secretary shall submit to the Congress a report within one year after the date of enactment of the Federal Railroad Safety Authorization Act of 1982 with respect to rules, regulations, orders. and standards issued under subparagraph (A) of this paragraph which describes any rules, regulations, orders, and standards issued or to be issued under this subsection, explains the reasons for their issuance, and compares them to comparable Federal regulations and procedures which apply to other modes of transportation, especially those administered and enforced by the Federal Aviation Administration.". (b) The Secretary of Transportation shall, before March 1, 1983, conduct a study of the training of onboard operating and service railroad personnel in evacuation procedures and the use of emergency equipment. The Secretary shall consider, as part of such study. Federal regulations and procedures applicable to other modes of transportation. The Secretary shall submit the results of such study to the Committee on Commerce, Science and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives. (c) Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431), as amended by subsection (a) of this section, is further amended by adding at the end thereof the following new subsections: "(i) The Secretary shall, within one year after the date of enactment of the Federal Railroad Safety Authorization Act of 1982, issue rules, regulations, orders, and standards to apply appropriate safety principles to track used for commuter or other short-haul rail passenger service in a metropolitan or suburban area. "(j) The Secretary shall, within 60 days after the date of enactment of the Federal Railroad Safety Authorization Act of 1982, report to the Congress on whether to issue rules, regulations, orders,

97-200 O—84—pt. 2

39: QL3

Report to Congress. Supra.

Study.

Submittal to congressional committees.

Rules and regulations. Report to Congress.

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 96 STAT. 2580

"All areas of railroad safety."

PUBLIC LAW 97-468—JAN. 14, 1983 and standards to require that the leading car of any railroad train in operation after July 1, 1983, be equipped with an acceptable form of mounted oscillating light. "(k) As used in this section, the term 'all areas of railroad safety' includes the safety of commuter or other short-haul rail passenger service in a metropolitan or suburban area, including any commuter rail service which was operated by the Consolidated Rail Corporation as of January 1, 1979.". AUTHORIZATION FOR APPROPRIATIONS

45 USC 435.

SEC. 703. Section 214 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 444) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by adding immediately after subsection (b) the following new subsection: "(c)(1) There are authorized to be appropriated to carry out the provisions of this Act, except section 206(d) of this title and paragraph (3) of this subsection, not to exceed $29,300,000 for the fiscal year ending September 30, 1983, and not to exceed $31,400,000 for the fiscal year ending September 30, 1984. "(2) To carry out the provisions of section 206(d) of this title relating to State safety programs, there are authorized to be appropriated not to exceed $2,700,000 for the fiscal year ending September 30, 1983, and not to exceed $2,900,000 for the fiscal year ending September 30, 1984. "(3) For the purpose of conducting safety research and development activities under this Act, there are authorized to be appropriated not to exceed $20,000,000 for the fiscal year ending September 30, 1983, and not to exceed $21,000,000 for the fiscal year ending September 30, 1984, including funds for assisting in the treatment of alcohol and drug abuse problems of railroad employees.". MOVEMENT FOR REPAIR

45 USC 15.

SEC. 704. Section 4 of the Act of April 14, 1910 (45 U.S.C. 13) is amended by striking "where such car can be repaired" and all that follows through "at the sole risk of the carrier," and inserting in lieu thereof the following: "on the line of railroad on which the car was discovered to be defective or insecure where such car can be repaired, or, at the option of a connecting carrier, such car may be hauled to the nearest available point on the line of such connecting carrier where such car can be repaired if such point is no farther than the nearest available point on the line on which the car was discovered defective or insecure, without liability for the penalties imposed by this section or section 6 of this title, if any such movement is necessary to make such repairs and such repairs cannot be made except at any such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier doing the moving or hauling,". ASH PAN ACT

Repeal.

SEC. 705. The Act of May 30, 1908 (45 U.S.C. 17 through 21), commonly referred to as the Ash Pan Act, is repealed.

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 PUBLIC LAW 97-468—JAN. 14, 1983 RESPONSIBILITY FOR COMPLIANCE

SEC. 706. Section 209(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(a)) is amended to read as follows: "(a) It shall be unlawful for any railroad to fail to comply with any rule, regulation, order, or standard prescribed by the Secretary under this title.". Approved January 14, 1983.

LEGISLATIVE HISTORY—H.R. 3420 (S. 1099): HOUSE REPORTS: No. 97-89, Pt. I (Comm. on Public Works and Transportation) and Pt. II (Comm. on Energy and Commerce). SENATE REPORT No. 97-74 accompanying S. 1099 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 127 (1981): June 1, considered and passed House. June 2, S. 1099 considered and passed Senate; proceedings vacated. July 17, H.R. 3420 considered and passed Senate, amended. Vol. 128 (1982): Dec. 20, House agreed to Senate amendments with amendments. Dec. 21, Senate concurred in House Eimendments with amendments; House concurred in Senate amendments.

96 STAT. 2581

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 96 STAT. 2582

PUBLIC LAW 97-469—JAN. 14, 1983 Public Law 97-469 97th Congress Joint Resolution

Jan. 14, 1983 [H.J. Res. 635] Budget and Economic Reports, transmittal to Congress.

Establishing the dates for submission of the Budget and Economic Report.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding the provisions of section 1105 of title 31, United States Code, the President shall transmit to the Congress not later than January 31, 1983, the budget for the fiscal year 1984, and (b) notwithstanding the provisions of section 3 of the Act of February 20, 1946, as amended (15 U.S.C. section 1022) the President shall transmit to the Congress not later than January 31, 1983, the Economic Report. SEC. 2. That (a) notwithstanding the provisions of section 1109(a) of title 31, United States Oxie, the President shall submit to the Senate and the House of Representatives the estimates required to be submitted by said subsection for the fiscal year 1984 not later than the date on which the President transmits to the Congress the budget for the fiscal year 1984, and (b) notwithstanding the provisions of section 1109(b) of title 31, United States Code, the Joint Economic Conmuttee shall submit to the Committees on the Budget of both Houses the evaluation required to be submitted by said subsection for the fiscal year 1984 not later than the date on which the report for the fiscal year 1984 pursuant to section 5(b)(3) of the Employment Act of 1946 (15 U.S.C. 1024b) is filed with the Senate and House of Representatives. Approved January 14, 1983.

LEGISLATIVE HISTORY—H.J. Res. 635: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 20, considered and passed House. Dec. 21, considered and passed Senate.

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 PUBLIC LAW 97-470—JAN. 14, 1983

96 STAT. 2583

Public Law 97-470 97th Congress An Act To provide for the protection of migrant and seasonal agricultural workers and for Jan. 14, 1983 the registration of contractors of migrant and seasonal agricultural labor and for —rm? ^moi— other purposes. [H.R. 7102]

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

Migrant and

SHORT TITLE; TABLE OF CONTENTS

W?rker^"^^^

1. This Act, t<^ether with the following table of contents, 29 uaS^iloi^^ may be cited as the "IV^grant and Seasonal Agricultural Worker note. Protection Act". SECTION

TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Application of Act. TITLE I-PARM LABOR CONTRACTORS Sec. 101. Certificate of r^pstration required. Sec. 102. Issuance of certificate of registration. Sec. 103. Registration determinations. Sec. 104. Truisfer or assignment; expiration; renewal. Sec. 105. Notice of address change; amendment of certificate of r^^ration. Sec. 106. Prohibition against employing illegal aliens. TITLE II—MIGRANT AGRICULTURAL WORKER PROTECHONS Sec. 201. Information and recordkeeping requirements. Sec. 202. Wages, supplies, and other working arrangements. Sec. 203. Safety and health of housing. TITLE in—SEASONAL AGRICULTURAL WORKER PROTECTIONS Sec. 301. Information and recordkeeping requirements. Sec. 302. Wages, supplies, and other working turrangements. TITLE IV—FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS Sec. 401. Motor vehicle safety. Sec. 402. Confirmation of registration. Sec. 403. Information on employment conditions. Sec. 404. Compliance with written agreements. TITLE V-GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec.

501. Criminal sanctions. 502. Judicied enforcement. 503. Administrative sanctions. 504. Private right of action. 505. Discrimination prohibited. 506. Waiver of rights. PART B—ADMINISTRATIVE REGULATIONS

Sec. 511. Rules and regulations. Sec. 512. Authority to obtain information. Sec. 513. Agreements with Federal and State agencies.

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 96 STAT. 2584

PUBLIC LAW 97-470—JAN. 14, 1983 PART C—MISCELLANEOUS PROVISIONS

Sec. Sec. Sec. Sec.

521. 522. 523. 524.

State laws and regulations. Transition provision. Repealer. Effective date. PURPOSE

29 USC 1801.

SEC. 2. It is the purpose of this Act to remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this Act; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers. DEFINITIONS

29 USC 1802.

SEC. 3. As used in this Act— (1) The term "agricultural association" means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (2) The term "agricultural employer" means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (3) 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. 203(f)), or section 3121(g) of the Internal Revenue Ckxie 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. (4) The term "day-haul operation" means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day. (5) The term "employ" has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) for the purposes of implementing the requirements of that Act. (6) The term "farm labor contracting activity" means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. (7) The term "farm labor contractor" means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. (8)(A) Except as provided in subparagraph (B), the term "migrant agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other

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 PUBLIC LAW 97-470—JAN. 14, 1983

96 STAT. 2585

temporary nature, and who is required to be absent overnight from his permanent place of residence. (B) The term "migrant agricultural worker" does not include— (i) any immediate family member of an agricultural employer or a farm labor contractor; or (ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii) and 214(c) of the Immigration and Nationality Act. ^SA^ ^^^^' (9) The term "person" means any individual, partnership, ^^^^• association, joint stock company, trust, cooperative, or corporation. (lOXA) Except as provided in subparagraph (B), the term "seasonal agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence— (i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations; or (ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation. (B) The term seasonal agricultural worker" does not include— (i) any migrant agricultural worker; (ii) any immediate family member of an agricultural employer or a farm labor contractor; or (iii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15XHXii) and 214(c) of the Immigration and Nationality Act. (11) The term "Secretary" means the Secretary of Labor or the Secretary's authorized representative. (12) The term "State" means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. APPLICABILITY OP ACT

SEC. 4. (a) The following persons are not subject to this Act: 29 USC 1803. (1) FAMILY BUSINESS EXEMPTION.—Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or an immediate family member of such individual, if such activities are performed only for such operation and exclusively by such individual or an immediate family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes. (2) SMALL BUSINESS EXEMPTION.—Any person, other than a farm labor contractor, for whom the man-days exemption for agricultural labor provided under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)) is applicable.

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(3) OTHER EXEMPTIONS.—(A) Any common carrier which would be a farm labor contractor solely because the carrier is engaged in the farm labor contracting activity of transporting any migrant or seasonal agricultural worker. (B) Any labor organization, as defined in section 2(5) of the Labor Management Relations Act (29 U.S.C. 152(5)) (without regard to the exclusion of agricultural employees in that Act) or as defined under applicable State labor relations law. (C) Any nonprofit charitable organization or public or private nonprofit educational institution. (D) Any person who engages in any farm labor contracting activity solely within a twenty-five mile intrastate radius of such person's permanent place of residence and for not more than thirteen weeks per year. (E) Any custom combine, hay harvesting, or sheep shearing operation. (F) Any custom poultry harvesting, breeding, debeaking, desexing, or health service operation provided the employees of the operation are not regularly required to be away from their permanent place of residence other than during their normal working hours. (G)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other individuals whose principal occupation is not agricultural employment to detassel, rogue, or otherwise engage in the production of seed and to engage in related and incidental agricultural employment, unless such full-time students or other individuals are required to be away from their permanent place of residence overnight or there are individuals under eighteen years of age who are providing transportation on behalf of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause. (H)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other individuals whose principal occupation is not agricultural emplo3ni:ient to string or harvest shade grown tobacco and to engage in related and incidental agricultural employment, unless there are individuals under eighteen years of age who are providing transportation on behalf of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause. (I) Any employee of any person described in subparagraphs (A) through (H) when performing farm labor contracting activities exclusively for such person, (b) Title I of this Act does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association.

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96 STAT. 2587

TITLE I—FARM LABOR CONTRACTORS CERTIFICATE OF REGISTRATION REQUIRED

SEC. 101. (a) No person shall engage in any farm labor contracting activity, unless such person has a certificate of registration from the Secretary specifying which farm labor contracting activities such person is authorized to perform. (b) A farm labor contractor shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm labor contractor employer, which authorizes the activity for which such individual is hired, employed, or used. The farm labor contractor shall be held responsible for violations of this Act or any regulation under this Act by any employee regardless of whether the employee possesses a certificate of registration based on the contractor s certificate of registration. (c) Each registered farm labor contractor and registered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registration and, upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee. (d) The facilities and the services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser Act, shall be denied to any farm labor contractor upon refusal or failure to produce, when gisked, a certificate of registration.

29 USC 1811.

I S S U A N C E O F CERTIFICATE OF REGISTRATION

SEC. 102. The Secretary, after appropriate investigation and 29 USC 1812. approval, shall issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any person who has filed with the Secretary a written application containing the following: (1) a declaration, subscribed and sworn to by the applicant, stating the applicant's permanent place of residence, the farm labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require; (2) a statement identifying each vehicle to be used to transport any migrant or seasonal agricultural worker and, if the vehicle is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with the requirements of section 401 with respect to each such vehicle; (3) a statement identifying each facility or real property to be used to house any migrant agricultural worker and, if the facility or real property is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with section 203 with respect to each such facility or real property; (4) a set of fingerprints of the applicant; and (5) a declaration, subscribed and sworn to by the applicant, consenting to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in

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PUBLIC LAW 97-470—JAN. 14, 1983 which the action is commenced or otherwise has become unavailable to accept service. REGISTRATION DETERMINATIONS

29 USC 1813.

Post, p. 2600.

Hearing.

SEC. 103. (a) In accordance with regulations, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) if the applicant or holder— (1) has knowingly made any misrepresentation in the application for such certificate; (2) is not the real party in interest in the application or certificate of registration and the real party in interest is a person who has been refused issuance or renewal of a certificate, has had a certificate suspended or revoked, or does not qualify under this section for a certificate; (3) has failed to comply with this Act or any regulation under this Act; (4) has failed— (A) to pay any court judgment obtained by the Secretary or any other person under this Act or any regulation under this Act or under the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act, or (B) to comply with any final order issued by the Secretary as a result of a violation of this Act or any regulation under this Act or a violation of the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act; or (5) has been convicted within the precedingfiveyears— (A) of any crime under State or Federal law relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any farm labor contracting activities; or (B) of any felony under State or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which infiicts grievous bodily injury, prostitution, peonage, or smuggling or harboring individuals who have entered the United States illegally. 0)X1) The person who is refused the issuance or renewal of a certificate or whose certificate is suspended or revoked under subsection (a) shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of the refusal, suspension, or revocation. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. If no hearing is requested as herein provided, the refusal, suspension, or revocation shall constitute a final and unappealable order. (2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).

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(c) Any person against whom an order 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 District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending 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 order was based. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28, United States Code. TRANSFER OR ASSIGNMENT; EXPIRATION; RENEWAL

28 USC 1291 et seq.

SEC. 104. (a) A certificate of r^istration may not be transferred or 29 USC 1814. assigned. (b)(l) Unless earlier suspended or revoked, a certificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this Act during the period beginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twenty-four months for the purpose of an orderly transition to registration under this Act, (B) a certificate may be temporarily extended by the filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may renew a certificate for additional twelve-month periods or for periods in excess of twelve months but not in excess of twenty-four months. (2) Eligibility for renewals for periods of more than twelve months shall be limited to farm labor contractors who have not been cited for a violation of this Act, or any regulation under this Act, or the Farm Labor Contractor Registration Act of 1963, or any regulation Post, p. 2600. under such Act, during the preceding five years. NOTICE OF ADDRESS CHANGE; AMENDMENT OF CERTIFICATE OF REGISTRATION

SEC. 105. During the period for which the certificate of registra- 29 USC 1815. tion is in effect, each farm labor contractor shall— (1) provide to the Secretary within thirty days a notice of each change of permanent place of residence; and (2) apply to the Secretary to amend the certificate of registration whenever the farm labor contractor intends to— (A) engage in another farm labor contracting activity, (B) use, or cause to be used, another vehicle than that covered by the certificate to transport any migrant or seasonal agricultural worker, or (C) use, or cause to be used, another real property or facility to house any migrant agricultural worker than that covered by the certificate. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS

SEC. 106. (a) No farm labor contractor shall recruit, hire, employ, 29 USC 1816. or use, with knowledge, the services of any individual who is an

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alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment, (b) A farm labor contractor shall be considered to have complied with subsection (a) if the farm labor contractor demonstrates that the farm labor contractor relied in good faith on documentation prescribed by the Secretary, and the farm labor contractor had no reason to believe the individual was an alien referred to in subsection (a). TITLE II—MIGRANT AGRICULTURAL WORKER PROTECTIONS INFORMATION AND RECORDKEEPING REQUIREMENTS

29 USC 1821.

SEC. 201. (a) Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain and disclose in writing to each such worker who is recruited for employment the following information at the time of the worker's recruitment: (1) the place of employment; (2) the wage rates to be paid; (3) the crops and kinds of activities on which the worker may be employed; (4) the period of employment; (5) the transportation, housing, and any other employee bene. fit to be provided, if any, and any costs to be charged for each of them; (6) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and (7) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers. (b) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this Act, including the right of a migrant agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide upon request, a written statement of the information described in subsection (a). (c) Each farm labor contractor, agricultural employer, and agricultural association which provides housing for any migrant agricultural worker shall post in a conspicuous place or present to such worker a statement of the terms and conditions, if any, of occupancy of such housing. (d) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall— (1) with respect to each such worker, make, keep, and preserve records for three years of the following information: (A) the basis on which wages are paid;

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(B) the number of piecework units earned, if paid on a piecework beisis; (C) the number of hours worked; (D) the total pay period earnings; (E) the specific sums withheld and the purpose of each sum withheld; and (F) the net pay; and (2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection. (e) Each farm labor contractor shall provide to any other farm labor contractor, and to any agricultural employer and agricultural association to which such farm labor contractor has furnished migrant agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (d)(l). The recipient of such records shall keep them for a period of three years from the end of the period of employment. (f) No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any migrant agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), (c), or (d). (g) The information required to be disclosed by subsections (a) through (c) of this section to migrant agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to migrant agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. WAGES, SUPPUES, AND OTHER WORKING ARRANGEMENTS

SEC. 202. (a) Each farm labor contractor, agricultural employer, 29 USC 1822. and agricultural association which employs any migrant agricultural worker shall pay the wages owed to such worker when due. (b) No farm labor contractor, agricultural employer, or agricultural association shall require any migrant agricultural worker to purchase any goods or services solelv from such farm labor contractor, agricultural employer, or agricultural association. (c) No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any migrant agricultural worker. S A F E T Y A N D H E A L T H O F HOUSING

SEC. 203. (a) Except as provided in subsection (c), each person who 29 USC 1823. owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing. (b)(1) Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility

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or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with section 512. (2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural workers and such agency has not conducted an inspection by such date, the facility or property may be so occupied. (c) This section does not apply to any person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public and who provides housing to migrant agricultural workers of the same character and on the same or comparable terms and conditions as is provided to the general public. TITLE III—SEASONAL AGRICULTURAL WORKER PROTECTIONS INFORMATION AND RECORDKEEPING REQUIREMENTS

29 USC 1831.

SEC. 301. (a)(1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in section 3(10XAXii)) shall ascertain and, upon request, disclose in writing the following information when an oner of employment is made to such worker: (A) the place of employment; (B) the wage rates to be paid; (C) the crops and kinds of activities on which the worker may be employed; (D) the period of employment; (E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them; (F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and (G) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers. (2) Each farm labor contractor, agricultural employer, and agricultural association which recruits seasonal agricultural workers through use of a day-haul operation described in section 3(10XAXii) shall ascertain and disclose in writing to the worker at the place of recruitment the information described in paragraph (1). (b) Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and

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protections afforded such workers under this Act, including the right of a seasonal agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide, upon request, a written statement of the information described in subsection (a), (c) Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall— (1) with respect to each such worker, make, keep, and preserve records for three years of the following information: (A) the basis on which wages are paid; (B) the number of piecework units earned, if paid on a piecework basis; (C) the number of hours worked; (D) the total pay period earnings; (E) the specific sums withheld and the purpose of each sum withheld; and (F) the net pay; and (2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection. (d)(1) Each farm labor contractor shall provide to any other farm labor contractor and to any agricultural employer and agricultural association to which such farm labor contractor has furnished seasonal agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (cKD- The recipient of these records shall keep them for a period of three years from the end of the period of employment. (e) No farm labor contractor, agricultural employer, or agricultural Eissociation shall knowingly provide false or misleading information to any seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), or (c). (f) The information required to be disclosed by subsections (a) and (b) of this section to seasonal agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to seasonal agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. WAGES, SUPPUES, AND OTHER WORKING ARRANGEMENTS

SEC. 802. (a) Each farm labor contractor, agricultural employer, 29 USC 1832. and agricultural association which employs any seasonal a^p-icultural worker shall pay the wages owed to such worker when due. 0)) No farm labor contractor, agricultural employer, or agricultural association shall require any seasonal agricultural worker to purchase any goods or services solely from such farm labor contractor, agricultural employer, or agricultural association. (c) No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any seasonal agricultural worker.

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PUBLIC LAW 97-470—JAN. 14, 1983 TITLE IV—FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS MOTOR VEHICLE SAFETY

29 USC 1841.

49 USC 10101.

SEC. 401. (a)(1) Except as provided in paragraph (2), this section applies to the transportation of any migrant or seasonal agricultural worker. (2) This section does not apply to the transportation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry. (b)(1) When using, or causing to be used, any vehicle for providing transportation to which this section applies, each agricultural employer, agricultural association, and farm labor contractor shall— (A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other applicable Federal and State safety standards, (B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and (C) have an insurance policy or a liability bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricultural worker. (2)(A) For purposes of paragraph (I)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safety of migrant and seasonal agricultural workers. (B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall, in promulgating regulations under subparagraph (A), consider, among other factors— (i) the type of vehicle used, (ii) the passenger capacity of the vehicle, (iii) the distance which such workers will be carried in the vehicle, (iv) the type of roads and highways on which such workers will be carried in the vehicle, (v) the extent to which a proposed standard would cause an undue burden on agricultural employers, agricultural associations, or farm labor contractors. (C) Standards prescribed by the Secretary under subparagraph (A) shall be in addition to, and shall not supersede or modify, any standard under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), or any successor provision of subtitle IV of title 49, United States Code, or regulations issued thereunder, which is independently applicable to transportation to which this section appli*)s. A violation of any such standard shall also constitute a violation under this Act. (D) In the event that the Secretary fails for any reason to prescribe standards under subparagraph (A) by the effective date of this Act, the standards prescribed under section 204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a)), relating to the transporta-

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96 STAT. 2595

tion of migrant workers, shall, for purposes of paragraph (1)(A), be deemed to be the standards prescribed by the Secretary under this paragraph, and shall, as appropriate and reasonable in the circumstances, apply (i) without regard to the mileage and boundary line limitations contained in such section, and (ii) until superseded by standards actually prescribed by the Secretary in accordance with this paragraph. (3) The level of the insurance required by paragraph (1)(C) shall be at least the amount currently required for common carriers of passengers under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), and any successor provision of subtitle IV of title 49, United States Code, and regulations prescribed thereunder. 49 USC loioi. (c) If an agricultural employer, agricultural association, or farm labor contractor is the employer of any migrant or seasonal agricultural worker for purposes of a State workers' compensation law and such employer provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by such State law, the following adjustments in the requirements of subsectionflaXlXC)relating to having an insurance policy or liability bond apply: (1) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law. (2) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law. (d) The Secretary shall, by r^ulations promulgated in accordance with section 511 not later than the effective date of this Act, prescribe the standards required for the purposes of iniplementing this section. Any subsequent revision of such standards shall also be accomplished by regulation promulgated in accordance with such section. CONFIRMATION OF REGISTRATION

SEC. 402. No person shall utilize the services of any farm labor 29 USC 1842. contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the farm labor contractor possesses a certificate of registration which is valid and which authorizes the activity for which the contractor is utilized. In making that determination, the person may rely upon either possession of a certificate of registration, or confirmation of such registration by the Department of Labor. The Secretary shall maintain a central public registry of all persons issued a certificate of registration. INFORMATION ON EMPLOYMENT CONDITIONS

SEC. 403. Each farm labor contractor, without regard to any other 29 USC 1843. provisions of this Act, shall obtain at each place of employment and make available for inspection to every worker he furnishes for employment, a written statement of the conditions of such employment as described in sections 201(b) and 301(b) of this Act.

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 96 STAT. 2596

PUBLIC LAW 97-470—JAN. 14, 1983 COMPUANCE WITH WRITTEN AGREEMENTS

29 USC 1S44.

SEC. 404. (a) No farm labor contractor shall violate, without justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this Act. Ob) Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this Act. TITLE V—GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS CRIMINAL SANCTIONS

29 USC 1851.

SEC 501. (a) Any person who willfully and knowingly violates this Act or any regulation under this Act shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this Act or any regulation under this Act, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. Ob) If a farm labor contractor who commits a violation of section 106 has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. JUDICIAL ENFORCEMENT

29 USC 1852.

SEC 502. (a) The Secretary may petition any appropriate district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this Act, or any regulation under this Act, has been violated. (b) 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. ADMINISTRATIVE SANCTIONS

29 USC 1853.

Post, p. 2600. Hearing.

SEC 503. (a)(1) Subject to paragraph (2), any person who commits a violation of this Act or any regulation under this Act, may be assessed a civil money penalty of not more than $1,000 for each violation. (2) In determining the amount of any penalty to be assessed under paragraph (1), the Secretary shall take into account (A) the previous record of the person in terms of compliance with this Act and with comparable requirements of the Farm Labor Contractor Registration Act of 1963, and with regulations promulgated under such Acts, and (B) the gravity of the violation. (b)(l) The person assessed shall be afforded an opportunity for . agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues

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 PUBLIC LAW 97-470—JAN. 14, 1983

96 STAT. 2597

shall be determined on the record pursuant to section 554 of title 5, United States Code. If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. (2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c). (c) 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 District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending 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 landings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28, United States Code. 28 USC 1291 et (d) If any person fails to pay an assessment after it has become a *^9final 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. (e) All penalties collected under authority of this section shall be paid into the Treasury of the United States. PRIVATE RIGHT OF ACTION

SEC. 504. (a) Any person aggrieved by a violation of this Act or any 29 USC 1854. regulation under this Act by a farm labor contractor, agricultural employer, agricultural association, or other person may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. (b) Upon application by a complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action. (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 statutory damages of up to $500 per plsuntiff per violation, or other equitable relief, 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

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1236

 96 STAT. 2598

28 USC 1291 et

PUBLIC LAW 97-470—JAN. 14, 1983

(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 (2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (3) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code.

seq. DISCRIMINATION PROHIBITED

29 USC 1855.

investigation.

SEC. 505. (a) No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural 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) A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 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, the Secretary 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. WAIVER OF RIGHTS

29 USC 1856.

SEC. 506. Agreements by employees purporting to waive or to modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of rights in favor of the Secretary shall be valid for purposes of enforcement of this Act. PART B—ADMINISTRATIVE PROVISIONS RULES A N D REGULATIONS

29 USC 1861.

SEC. 511. The Secretary may issue such rules and regulations as are necessary to carry out this Act, consistent with the requirements 5 USC 500 et seq. of chapter 5 of title 5, United States Code. AUTHORITY TO OBTAIN INFORMATION

29 USC 1862.

SEC. 512. (a) To carry out this Act the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), question such persons and gather such infor-

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 PUBLIC LAW 97-470—JAN. 14, 1983

96 STAT. 2599

mation to determine compliance with this Act, or regulations prescribed under this Act. (b) The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths, examine witnesses, any receive evidence. For the purpose of any hearing or investigation provided for in this Act, the authority contained in sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50), relating to the attendance of witnesses and the production of books, papers, and documents, shall be available to 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 in good faith. (c) It shall be a violation of this Act for any person to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function pursuant to this Act during the performance of such duties. AGREEMENTS WITH FEDERAL AND STATE AGENCIES

SEC. 513. (a) The Secretary may enter into agreements with 29 USC 1863. Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this Act, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section. (b) Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which— (1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and (2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency's performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor. PART C—MISCELLANEOUS PROVISIONS STATE LAWS AND REGULATIONS

SEC. 521. This Act is intended to supplement State law, and 29 USC i87i. compliance with this Act shall not excuse any person from compliance with appropriate State law and regulation. TRANSITION PROVISION

SEC. 522. The Secretary may deny a certificate of registration to 29 USC 1872. any farm labor contractor, as defined in this Act, who has a judgment outstanding against him under the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.), or is subject to a final Post, p. 2600. order of the Secretary under that Act assessing a civil money penalty which has not been paid. Any findings under the Farm

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 96 STAT. 2600 Infra.

PUBLIC LAW 97-470—JAN. 14, 1983

Labor Contractor Registration Act of 1963 may also be applicable to determinations of \\dllful and knowing violations under this Act. REPEALER

SEC. 523. The Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.), is repealed. EFFECTIVE DATE

29 USC 1801 "°**-

SEC. 524. The provisions of this Act shall take effect ninety days from the date of enactment, and shall be classified to title 29, United States Code. Approved January 14, 1983.

LEGISLATIVE HISTORY—H.R. 7102: HOUSE REPORT No. 97-885 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 19, considered and passed Senate, amended. Dec. 20, House conciirred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 14, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1239

 PUBLIC LAW 97-471—JAN. 14, 1983

96 STAT. 2601

Public Law 97-471 97th Congress An Act To modify the judidal districts of West Viiginia, andforother puxpo ^ ^
 * —i~—

Jan. 14, 1983 [S.3105]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 129 of <^udiciai districts

title 28 United States Code, is amended-

(1) in subsection (a) by— (A) strildng out *\ Wirt, and Wood"; (B) inserting "Braxton," after "Berkeley,"; (O inserting "Pocahontas," after "Pleasants,"; (D) inserting "Webster, and" after "Upshur,"; and (E) by striking out "Parkersburg,"; and (2) in subsection (b) by— (A) striking out "Braxton,", "Pocahontas," and "Webster,"; and (B) inserting "Wirt, Wood," after "Wayne,"; and (C) striking out "and Lewisbuig." and inserting in lieu thereof "Lewisburg, and Parkersburg.". SEC. 2. (a) The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act entitied "An Act to provide for tibe appointment of additional district and drcuit juc^es and for other purposes", approved October 20, 1978 (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of enactment of this Act, be authorized under section 133 of title 28 of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act. (b) The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District. SEC. 3. The table in section 133 of title 28, United States Code, is amended by striking out the following:

ScaTSr"'

28 USC 133 note.

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 96 STAT. 2602

PUBLIC LAW 97-471—JAN. 14, 1983

"West Virginia: "Northern "Southern "Northern and Southern

1 3 1",

and inserting in lieu thereof the following: "West Virginia: "Northern "Southern

Approved January 14, 1983.

LEGISLATIVE HISTORY—S. 3105: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 15, considered and passed Senate. Dec. 20, considered and passed House.

2 4".

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 PUBLIC LAW 97-472—JAN. 14, 1983

96 STAT. 2603

Public Law 97-472 97th Congress Joint Resolution To designate the period commencing January 1, 1983, and ending December 31, 1983, as the "Tricentennial Anniversary Year of German Settlement in America".

Jan. 14, 1983 [S.J. Res. 260]

Whereas October 6, 1983, is the three hundredth anniversary of German settlement in America at Philadelphia, Pennsylvania; Whereas such date marks the beginning of the immeasurable human, economic, political, social, and cultural contributions to this country by millions of German immigrants over the past three centuries; Whereas today the United States of America and the Federal Republic of Germany continue their close friendship based on the common values of democracy, guaranteed individual liberties, tolerance of personal differences, and opposition to totalitarianism; and Whereas it is fitting that this historic event be commemorated in such a manner as to celebrate German-American friendship and to focus on the democratic values that bind us together: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commenc- Tricentennial ing January 1, 1983, and ending December 31, 1983, is hereby Anniversary designated as the "Tricentennial Anniversary Year of German Set- Year of German Settlement in tlement in America", and the President is authorized and requested America. to issue a proclamation calling upon the people of the United States to observe the year with appropriate ceremonies and activities. SEC. 2. AS a concrete demonstration of our commitment to the enduring United State&<jerman relationship, and as an act of celebration to inaugurate the Tricentennial Year, we express our strong support for the President's Youth Exchange Initiative, and especially the concept of a United StatesGerman teenage exchange sponsored by the Members of the United States Congress and the West German Bundestag, and emphasizing home stays with families. SEC. 3. (a) There ia hereby established a Commission to be known Presidential as the Presidential Commission for the German-American Tricen- Commission for tennial (hereinafter referred to as the "Commission*') to plan, the GermanAmerican encourage, develop, and coordinate the commemoration of the Tricentennial. German-American Tricentennial. In preparing its plans and carry- Establishment. ing out its program, the Commission shall give due consideration to any related plans and programs developed by State, local, private, and foreign groups. (b) The Commission shall be composed of not more than 40 members, appointed by the President, ten of whom shall be appointed upon the recommendation of the Speaker of the House of Representatives, and ten of whom shall be appointed upon the recommendation of the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate. One member shall be the Chief Justice of the United States

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 96 STAT. 2604

Report to terSSion

PUBLIC LAW 97-472-JAN. 14, 1983

or his designee. The members shall be from the public and private sectors and the President shall designate a member from the private sector as Chairman. The members of the Commission shall receive no compensation for their services as such but may be allowed necessary travel expenses, as authorized by law, to carry out Commission activities. (c) The Commission is authorized to encourage the participation of, and receive donations of money, property and personal services from, public and private organizations and individuals to assist the Commission in carrying out its responsibilities. The Director of the United States Information Agency is authorized to provide administrative services and staff support to the Commission, as necessary, for which reimbursement shall be made from funds of the Commission under section 686 of title 31, United States Code, in such amounts as may be agreed upon by the Chairman of the Commission and the Director. The heads of other Executive agencies and departments are also authorized and requested to cooperate with and assist the Commission in fulfilling its responsibilities. (d) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable and to appoint such advisory committees as it deems necessary. The Commission may also procure temporary and intermittent services as authorized by section 3109(b) of title 6, United States Code. The Commission shall have authority to make contracts and grants as necessary and appropriate to cany out its program. (e) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (0 All expenditures of the Commission shall be made from donated funds. (g) A report of the Commission's activities shall be made to Congress no later than January 31, 1984, upon which date the Commission shall terminate. Approved January 14, 1983.

LEGISLATIVE HISTORY—S.J. Res. 260: CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate. Dec. 17, considered and passed House, amended. Dec. 19, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 14, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1243

 PUBLIC LAW 97-473—JAN. 14, 1983

Public Law 97-473 97th Congress

96 STAT. 2605

An Act

To amend the Internal Revenue Code of 1954 with respect to the tax treatment of periodic payments for damages received on account of personal injury or sickness, 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. AMENDMENT OF 1954 CODE.

Whenever in title I or II an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.

Jan. 14, 1983 [H.R. 5470] Dcunages for personal injury or sickness, tax treatment of periodic payments. 26 USC 1 et seq.

TITLE I—INCOME TAX PROVISIONS SEC. 101. TREATMENT OF RECIPIENT OF SETTLEMENT PERIODIC PAYMENTS. (a) TREATMENT OF RECIPIENT.—Paragraph (2) of section 104(a)

26 USC 104.

(relating to compensation for injuries or sickness) is amended by striking out "whether by suit or agreement" and inserting in lieu thereof "whether by suit or agreement and whether as lump sums or as periodic payments". (b) TREATMENT OF ASSIGNEE-PAYOR.—

(1) IN GENERAL.—Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income) is amended by redesignating section 130 as section 131 and by inserting 26 USC 131. after section 129 the following new section: "SEC. 130. CERTAIN PERSONAL INJURY LIABILITY ASSIGNMENTS.

"(a) IN GENERAL.—Any amount received for agreeing to a qualified assignment shall not be included in gross income to the extent that such amount does not exceed the aggregate cost of any qualified funding assets. "(b) TREATMENT OP QUALIFIED FUNDING ASSET.—In the case of any qualified funding asset— "(1) the basis of such asset shall be reduced by the amount excluded from gross income under subsection (a) by reason of the purchase of such asset, and "(2) any gain recognized on a disposition of such asset shall be treated as ordinary income. "(c) QUALIFIED ASSIGNMENT.—For purposes of this section, the term 'qualified assignment' means any assignment of a liability to make periodic payments as damages (whether by suit or agreement) on account of personal injury or sickness— "(1) if the assignee assumes such liability from a person who is a party to the suit or agreement, and "(2) if—

26 USC 130.

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 96 STAT. 2606

PUBLIC LAW 97-473—JAN. 14, 1983 "(A) such periodic pa3aiients are fixed and determinable as to amount and time of payment, "(B) such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments, (C) the assignee does not provide to the recipient of such payments rights against the assignee which are greater than those of a general creditor, "(D) the assignee's obligation on account of the personal injuries or siclmess is no greater than the obligation of the person who assigned the liability, and "(E) such periodic payments are excludable from the gross income of the recipient under section 104(a)(2). "(d) QUALIFIED FUNDING ASSET.—For purposes of this section, the term 'quedified funding asset' means any annuity contract issued by a company licensed to do business as an insurance company under the laws of any State, or any obligation of the United States, if— "(1) such annuity contract or obligation is used by the assignee to fund periodic payments under any qualified assignment, "(2) the periods of the payments under the annuity contract or obligation are reasonably related to the periodic payments under the qualified assignment, and the amount of any such payment under the contract or obligation does not exceed the periodic pa5ntnent to which it relates, "(3) such annuity contract or obligation is designated by the taxpayer (in such manner as the Secretary shall by regulations prescribe) as being taken into account under this section with resjpect to such qualified assignment, and (4) such annuity contract or obligation is purchased by the taxpayer not more than 60 days before the date of the qualified assignment and not later than 60 days sifter the date of such assignment." (2) CONFORMING AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 is amended by striking out the item relating to section 130 and inserting in lieu thereof the following new items: "Sec. 130. Certain personal injury liability assignments. "Sec. 131. Cross references to other Acts.

26 USC 130 note.

Ante, p. 2605. 26 USC 132. 26 USC 131.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after December 31, 1982. SEC. 102. EXCLUSION FROM GROSS INCOME FOR CERTAIN FOSTER CARE PAYMENTS. (a) IN GENERAL.—Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income), as amended by section 101(b), is amended by redesignating section 131 as section 132 and by inserting after section 130 the following new section: "SEC. 131. CERTAIN FOSTER CARE PAYMENTS. "(a) GENERAL RULE.—Gross income shall not include amounts received by a foster parent during the taxable year as qualified foster care payments. "(b) QUALIFIED FOSTER CARE PAYMENT DEFINED.—For purposes of

this section— "(1) IN GENERAL.—The term 'qualified foster care payment' means any amount—

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 PUBLIC LAW 97-473—JAN. 14, 1983

96 STAT. 2607

"(A) which is paid by a State or political subdivision thereof or by a child-placing agency which is described in section 501(c)(3) and exempt from tax under section 501(a), and "(B) which is— "(i) paid to reimburse the foster parent for the expenses of caring for a qualified foster child in the foster parent's home, or "(ii) a difficulty of care payment. "(2) QUALIFIED FOSTER CHILD.—The term 'qualified foster child' means any individual who— "(A) has not attained age 19, and "(B) is living in a foster family home in which such individual was placed by— "(i) an agency of a State or political subdivision thereof, or "(ii) an organization which is licensed by a State (or political subdivision thereof) as a child-placing agency and which is described in section 501(c)(3) and exempt from tax under section 501(a). "(c) DIFFICULTY OF CARE PAYMENTS.—For purposes of this section— "(1) DIFFICULTY OF CARE PAYMENTS.—The term 'difficulty of care payments' means payments to individuals which are not described in subsection ObXlXBXi), and which— "(A) are compensation for providing the additional care of a qualified foster child which is— "(i) required by reason of a physical, mental, or emotional handicap of such child with respect to which the State has determined that there is a need for additional compensation, and "(ii) provided in the home of the foster parent, and "(B) are designated by the payor as compensation described in subparagraph (A). "(2) LiMrrATioN BASED ON NUMBER OF CHILDREN.—In the case of any foster home, difficulty of care payments for any period to which such payments relate shall not be excludable from gross income under subsection (a) to the extent svich payments are made for more than 10 qualified foster children." (b) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 is amended by striking out the item relating to section 131 and by inserting in lieu thereof the following items: "Sec. 131. Certain foster care payments. "Sec. 132. Cross references to other Acts." (c) EFFECTIVE DATE.—The amendments made by this section shall

26 USC 131 note,

apply to taxable years beginning after December 31, 1978. Indian Tribal TITLE II—TAX STATUS OF INDIAN TRIBAL Governmental Tax GOVERNMENTS f^^'"^''' SEC. 201. SHORT TITLE.

This title may be cited as the "Indian Tribal Governmental Tax Status Act of 1982".

26 USC 1 note.

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