Speech #870275650

To the extent that such a law might result in somewhat more expensive commodities. that is the free enterprise system as it should be. passing on the costs of proper working conditions to those consumers who use the produce. This is preferable to a welfare or charity program paid for by general taxation. For the purposes of the record the following are the terms of the bill H.R. 305: H.R. 305 A bill to amend the Fair Labor Standards Act of 1938 to establish a minimum wage rate applicable to migrant agricultural workers Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3 of the Fair Labor Standards Act of 1938 is amended by adding at the end thereof the following new paragraph: "(p) Migrant agricultural employee means a person engaged in migratory agricultural labor. as defined by the Secretary: Provided. That persons coming from foreign countries as well as persons crossing State lines shall be included as migrant agricultural employees. and in no case shall there be included as migrant agricultural employees any persons who have resided in the State where the labor takes place for more than one year preceding such labor." SEC. 2. Section 6(a) of the Fair Labor Standards Act of 1938 is amended by striking out the period at the end of paragraph (3) and inserting a semicolon. and by adding at the end thereof the following new paragraph: "(4) if such employee is a migrant agricultural employee. not less than the applicable rate established by the Secretary of Labor (but which in no case shall exceed $1 per hour) in accordance with recommendations of a special committee which he shall appoint. The provisions of subsections (b). (c). and (d) of section 5 shall apply to such committee in the same manner they apply to the special industry committees provided for Puerto Rico and the Virgin Islands by this Act. Such committee shall have the same powers and duties with respect to the application of this Act to migrant agricultural employees as pertain to special industry committees established under section 5 with respect to employees employed in Puerto Rico or the Virgin Islands. In determining minimum wage rates which it will recommend. the committee (1) shall not use the standards prescribed in section 8. but shall fix the rates at the highest minimum rates (not in excess of the rate prescribed in section (b) (1)) which it determines. having due regard to economic and competitive conditions. will not substantially curtail employment of migrant agricultural employees. and (2) in making classifications shall do so on the basis of the type of crop grown or on the basis of geographical areas. rather than on the basis of classifications within industries." SEC. 3. (a) Paragraph (6) of subsection (a) of section 13 of the Fair Labor Standards Act of 1938 is amended by inserting after "agriculture" the following: "(other than a migrant agricultural employee) ". (b) Subsection (b) of section 13 of such Act is amended by inserting before the period at the end thereof the following: ". or (6) any migrant agricultural employee". SEC. 4. The amendments made by this Act shall take effect on the date the Secretary makes effective his regulations defining migrant agricultural employee.