[Page S8062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mrs. FEINSTEIN (for herself and Ms. Snowe):
S. 3702. A bill to provide for the safety of migrant seasonal
agricultural workers; to the Committee on Health, Education, Labor, and
Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation
with Senator Snowe that will provide our Nation's migrant agricultural
and forest workers with a safe ride to work. The Farm and Forestry
Worker Transportation Safety Act would require a designated seat and
seatbelt for each person riding in a vehicle used to transport these
workers.
Today, many migrant workers travel to their jobs in dangerous and
unsafe conditions. It is not uncommon for these workers to ride in
overcrowded vans and trucks while sitting on benches and buckets with
no access to seatbelts.
According to the Bureau of Labor Statistics, 78 agricultural workers
lost their lives and 440 were injured in transportation accidents in
2004.
I would like to take a moment to share with you just a few of the
accidents that have resulted from the lack of adequate safety
regulations for these workers:
In December of 2005, two Guatemalan forest workers were killed when
their vehicle crashed driving off icy roads in Washington. Five
Guatemalan forest workers were killed in the same manner the previous
year.
In June of 2004, 2 migrant workers were killed in Port St. Lucie, FL,
when their overcrowded van carrying 11 people rolled over on Interstate
95. Two months later, 9 citrus workers were killed in Fort Pierce when
their 15-passenger van rolled over and ejected all 19 passengers.
In September 2002, 14 forestry workers were killed when their van
transporting them to work toppled off a bridge in Maine.
In August 1999, 13 tomato field workers were killed when their van
slammed into a tractor-trailer in Fresno County, CA. Most of the
victims were riding on three benches in the back of the van.
As you can see, this issue does not just affect my home State of
California. It is a problem that requires national attention. Congress
needs to take action to ensure these workers safe travel to and from
their jobs. My bill would seek to provide these workers with a
designated seat and operating seatbelt.
This legislation would also address the issue of converted vehicles.
The bill would direct the Department of Transportation to develop
interim seat and seatbelt safety standards for vehicles that have been
converted for the purpose of transporting migrant workers. Owners and
operators of these vehicles would have 7 years to make the necessary
improvements so that their vehicles would meet the same safety
standards as new vehicles.
I hope my colleagues will join me in standing up for the safety of
our Nation's migrant workforce.
Mr. President, I request that the text of this legislation appear
immediately following this statement in the Congressional Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3702

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Farm and Forestry Worker
Transportation Safety Act''.

SEC. 2. SEATS AND SEAT BELTS FOR MIGRANT AND SEASONAL
AGRICULTURAL WORKERS.

(a) Seats.--Except as provided in subsection (d), in
promulgating vehicle safety standards under the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.) for the transportation of migrant and seasonal
agricultural workers by farm labor contractors, agricultural
employers or agricultural associations, the Secretary of
Labor shall ensure that each occupant or rider in, or on, any
vehicle subject to such standards is provided with a seat
that is a designated seating position (as such term is
defined for purposes of the Federal motor vehicle safety
standards issued under chapter 301 of title 49, United States
Code).
(b) Seat Belts.--Each seating position required under
subsection (a) shall be equipped with an operational seat
belt, except that this subsection shall not apply with
respect to seating positions in buses that would otherwise
not be required to have seat belts under the Federal motor
vehicle safety standards.
(c) Performance Requirements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Labor, shall issue minimum
performance requirements for the strength of seats and the
attachment of seats and seat belts in vehicles that are
converted, after being sold for purposes other than resale,
for the purpose of transporting migrant or seasonal
agricultural workers. The requirements shall provide a level
of safety that is as close as practicable to the level of
safety provided for in a vehicle that is manufactured or
altered for the purpose of transporting such workers before
being sold for purposes other than resale.
(2) Expiration.--Effective on the date that is 7 years
after the date of enactment of this Act, any vehicle that is
or has been converted for the purpose of transporting migrant
or seasonal agricultural workers shall provide the same level
of safety as a vehicle that is manufactured or altered for
such purpose prior to being sold for purposes other than
resale.
(d) Rule of Construction.--Nothing in this section shall be
construed to alter or modify the regulations contained in
section 500.103, or the provision pertaining to
transportation that is primarily on private roads in section
500.104(l), of title 29, Code of Federal Regulations, as in
effect on the date of enactment of this Act.
(e) Definitions.--The definitions contained in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1802) shall apply to this section.
(f) Compliance Date.--Not later than 1 year after such date
of enactment, and except as provided in subsection (c)(2),
all vehicles subject to this Act shall be in compliance with
the requirements of this Act.
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