Page:United States Statutes at Large Volume 88 Part 2.djvu/337

 88 STAT. ]

PUBLIC LAW 93-518-DEC. 7, 1974

1653

"(2) any farmer, processor, canner, ginner, packing shed operator, or nurseryman who personally engages in any such activity for the purpose of supplying migrant workers solely for his own operation; "(3) any full-time or regular employe of any entity referred to in (1) or (2) above who engages in such activity solely for his employer on no more than an incidental basis; "(4) any person who engages in any such activity (A) solely within a twenty-five mile intrastate radius of his permanent place of residence and (B) for not more than thirteen weeks per year; "(5) any person who engages in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States if the employment is subject to— " (A) an agreement between the United States and such foreign nation; or " (B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for through the United States by an instrumentality of such foreign nation; "(6) any full-time or regular employee of any person holding a certificate of registration under this Act; or "(7) any common carrier or any full-time regular employee thereof engaged solely in the transportation of migrant workers." SEC. 3. Section 3(d) of the Act is amended to read as follows: J use 2042. " (d) The term 'agricultural employment' means employment in el'^o'^menl^''^^ 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 Code of 1954 (26 U.S.C. 3121(g)) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.". SEC. 4. Section 4 of the Act is amended by adding at the end thereof '' "sc 2043. the following new subsections: e f at "(c) No person shall engage the services of any farm labor con- r e g esrttria it co ne of i i. tractor to supply farm laborers unless he first determines that the farm labor contractor possesses a certificate from the Secretary that is in full force and effect at the time he contracts with the farm labor contractor. " (d) Upon determination by the Secretary that any person knowingly has engaged the services of any farm labor contractor who does not possess such certificate as required by subsection (c) of this section, the Secretary is authorized to deny such person the facilities and services authorized by the Act of June 6, 1933 (48 Stat. 113; 29 U.S.C. 49 et seq.), commonly referred to as the Wagner-Peyser Act, for a period of up to three years.". SEC. 5. Section 5(a) is amended by— 7 USC 2044. (1) striking the word "and" after paragraph (2), (2) striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) adding the following new paragraphs: "(4) has filed, under such terms as the Secretary may pre- Filing of stat scribe, a statement identifying each vehicle to be used by the '"^'^ " applicant for the transportation of migrant workers, and all real property to be used by the applicant for the housing of migrant

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