datamatters24/research-document-archive huggingface dataset:
ployment of an agricultural worker, the agricultural em-
ployer or agricultural association shall be deemed strictly
liable for any violation of this Act suffered by such worker
or an immediate family member of such worker in relation
to any farm labor contracting activity connected with that
employment.’’.
SEC. 14. ADMINISTRATIVE SANCTIONS.
Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended
by striking out ‘‘$1,000’’ and inserting in lieu thereof
‘‘$7,000’’ and by adding at the end the following: ‘‘In the
case of violations of provisions of 201, 203, and 401, a
person shall be deemed to have committed a separate vio-
lation of such a provision with respect to each agricultural
worker subjected to the unlawful practice. The Secretary
shall insure that the primary focus of administrative en-
forcement of this Act is the fixed situs employer.’’.
SEC. 15. PRIVATE RIGHT OF ACTION.
(a) ACTION ON A BOND.—Section 504(a) (29 U.S.C.
1854(a)) is amended by inserting ‘‘(1)’’ after ‘‘(a)’’ and
by adding at the end the following:
‘‘(2) Any person who is injured because of the breach
of an obligation for which a bond has been secured under
this Act or regulations under this Act may bring an action
on the bond in the name of such person in any court of
competent jurisdiction to recover the damages sustained
by such breach.’’.
(b) COSTS.—Section 504(b) (29 U.S.C. 1854(b)) is
amended by adding at the end the following: ‘‘The court
shall pay the costs of such actions from its administrative
budget and may apply to the Secretary for reimbursement.
Upon application, the Secretary shall pay such costs.’’.
(c) AWARD
OF
DAMAGES.—Section 504(c) (29
U.S.C. 1854(c)) is amended—
(1) in paragraph (1), by striking out ‘‘up to
$500’’ and inserting in lieu thereof ‘‘not less than
$200 and up to $2,000 (or the enhanced damages
prescribed by paragraphs (4) and (5))’’,
(2) in paragraph (1), by striking out ‘‘(A)’’ and
‘‘; and (B)’’ and all that follows up to the period,
(3) by adding at the end of paragraph (2) the
following: ‘‘In awarding actual damages for physical
injury or death resulting from a violation of this Act,
the court may consider any workers’ compensation
benefits received for such injury or death up to the
amount of the workers’ compensation award.’’, and
(4) by adding after paragraph (3) the following:
‘‘(4) The amount of statutory damages to be awarded
under paragraph (1) may be up to $25,000 but not less
than $1,000 for—
‘‘(A) violations of subsection (a) or (b) of sec-
tion 101,
‘‘(B) violations of section 402, and
‘‘(C) regular or repeated violations of this Act
or any regulation issued under this Act.
‘‘(5) The amount of statutory damages to be awarded
under paragraph (1) may be up to $250,000 per plaintiff
per violation for—
‘‘(A) violations of section 203,
‘‘(B) violations of section 401, and
‘‘(C) violations resulting in physical injuries or
death.
‘‘(6) If an agricultural worker has been injured as
a result of a violation of this Act and if the employer of
such worker did not provide coverage under workers’ com-
pensation for such employee, the worker shall be awarded
$1,000 in liquidated damages in addition to any other
damages available under this Act.
‘‘(7) In any action brought under subsection (a), the
court shall allow an agricultural worker who is the prevail-
ing party in such action a reasonable attorney’s fee and
fees for expert witnesses as part of the costs of such
action.
‘‘(8) The statute of limitations applicable to any ac-
tion brought under subsection (a) is 4 years from the date
the cause of action accrued. For purposes of this para-
graph and paragraph (9), a cause of action accrues when
the last element constituting the cause of action occurs.
The statute of limitations established by this paragraph
or paragraph (9) shall be tolled in any case in which the
agricultural employer, farm labor contractor, or agricul-
tural association against which relief is sought fails to
comply with the posting requirements in subsections (b)
and (c) of section 201 and section 403.
‘‘(9) Any action taken by the Secretary under sec-
tions 501 or 502 of this Act shall be barred if not com-
menced within 10 years after the cause of action
accrued.’’.
(d) WORKERS’ COMPENSATION.—Subsection (d) of
section 504 (29 U.S.C. 1854) is repealed. Any action
which was barred or stayed as the result of the enactment
of such subsection is revived and shall be treated as if
the applicable statute of limitations was equitably tolled
while such subsection was in effect.
(e) ARISING OF CAUSES OF ACTIONS.—Section 504
(29 U.S.C. 1854) is amended by adding after subsection
(c) the following:
‘‘(d) In any action to enforce the requirements of sec-
tion 201(a), the cause of action shall be deemed to arise
in each place or places where a disclosure statement actu-
ally was provided or should have been provided to the agri-
cultural worker. In an action to enforce the requirements
of section 201(f), the cause of action shall be deemed to
arise in each place or places where the false and mislead-
ing information was provided to the agricultural worker
and where the resulting injury occurred. In an action to
enforce section 202(c), the cause of action shall be deemed
to arise in each place or places where the working arrange-
ment was entered into and where the breach of the work-
ing arrangement occurred.’’.
SEC. 16. DISCRIMINATION.
Section 505(a) (29 U.S.C. 1855(a)) is amended by
striking out ‘‘because such worker has’’ and inserting in
lieu thereof ‘‘because such worker or a member of the fam-
ily of such worker has discussed or consulted with anyone,
including representatives of a religious, medical, humani-
tarian, social services, or legal assistance organization con-
cerning the worker’s rights under this Act, or has’’.
SEC. 17. COMPLAINTS BY AGRICULTURAL WORKERS.
Part A of title V is amended by adding at the end
the following:
‘‘COMPLAINTS
‘‘SEC. 507. (a) IN GENERAL.—An agricultural work-
er or a representative of an agricultural worker may file
a complaint with the Secretary alleging a violation of this
Act. If an agricultural worker is killed as a result of a
work-related injury or illness which allegedly resulted from
a violation of this Act, a member of the family of such
worker may file such a complaint. Upon receipt of such
a complaint, the Secretary shall promptly cause such in-
vestigation to be made as the Secretary deems appro-
priate.
‘‘(b) COMPLAINANT RIGHTS.—On request, a com-
plainant under a complaint filed under subsection (a) shall
be afforded the right to—
‘‘(1) meet with the Secretary or the Secretary’s
authorized representative respecting any investiga-
tion conducted under section 512(a) before the deci-
sion of the Secretary to take an enforcement action
or to take no action;
‘‘(2) receive at no cost a copy of the report of
the investigation of the complaint and, at the time
of issuance, a copy of any notice of assessment of a
civil money penalty resulting from such investiga-
tion; and
‘‘(3) be informed of any request for a hearing
made under section 503(b)(1) and participate as a
party in any hearing or other proceeding contesting
a civil money penalty assessment under section
503(a)(1) resulting from the investigation of such
complaint.
‘‘(c) WITHDRAWAL
OR MODIFICATION
OF CIVIL
MONEY PAYMENT.—
‘‘(1) NOTICE.—If the Secretary intends to with-
draw or modify a civil money penalty assessment for
the violation alleged in a complaint filed under sub-
section (a) as a result of any agreement with the
person assessed such penalty which resulted, in
whole or in part, from an investigation of such a
complaint, the Secretary shall provide prompt notice
to the complainant which shall include the terms of
the proposed agreement.
‘‘(2) RESPONSE
NOTICE.—Not later than 15
working days after the receipt of the notice required
by paragraph (1), the complainant or the represent-
ative of such complainant shall have the right to file
a notice with the Secretary stating that the proposed
agreement with respect to which the notice was pro-
vided fails to effectuate the purposes of this Act.
Such notice shall state the respects in which the
agreement fails to effectuate such purposes.
‘‘(3) SECRETARIAL
RESPONSE.—Upon receipt
of a notice under paragraph (2), the Secretary shall
consider the matter and if the Secretary determines
to carry out the proposed agreement with respect to
which such notice was given, the Secretary shall re-
spond with particularity to the statements presented
in such notice.
‘‘(4) RIGHT TO HEARING.—Not later than 15
working days after the response of the Secretary
under paragraph (3), the complainant or representa-
tive of the complainant shall have the right to an
agency hearing as to whether the adoption of the
proposed agreement would effectuate the purposes of
this Act.
‘‘(5) ADMINISTRATIVE LAW JUDGE DETERMINA-
TION.—If, as a result of a hearing under paragraph
(4), the administrative law judge determines that a
proposed agreement fails to effectuate the purposes
of this Act, the Secretary shall not enter into the
proposed agreement and shall not withdraw or mod-
ify the civil money penalty assessment in accordance
with the agreement.
‘‘(d) REMEDIES.—In addition to all other remedies
that might be available to a complainant under Federal
or State law, for a violation of this section a complainant
shall be entitled to—
‘‘(1) declaratory relief,
‘‘(2) injunctive relief,
‘‘(3) any costs incurred by the complainant in
securing the documents referred to in subsection
(b)(2), and
‘‘(4) reasonable attorney’s fees and costs.
‘‘(e) INFORMATION.—The Secretary shall take rea-
sonable steps to inform complainants of their rights under
this section.’’.
SEC. 18. NEW PROTECTIONS.
Title IV is amended by adding at the end the follow-
ing:
‘‘ADDITIONAL PROTECTIONS
‘‘SEC. 405. (a) CHILD CARE.—Each agricultural em-
ployer who employs at least 25 agricultural workers shall
provide for such workers child care.
‘‘(b) SANITATION.—Each agricultural employer shall
provide its agricultural employees field sanitation, includ-
ing drinking water, water for handwashing, and such other
components as may be required by regulations under the
Occupational Safety and Health Act of 1970.
‘‘(c) HEAT STRESS.—Each agricultural employer
shall provide for its agricultural employees protection
against heat stress.
SEC. 19. GENERAL AMENDMENTS.
(a) TITLES.—Section 1 is amended by striking out
‘‘Migrant and Seasonal’’, the heading for title II is amend-
ed by striking out ‘‘MIGRANT’’, the title for title IV is
United States Code, based on a separation occurring
on or after the effective date of this Act (including
for purposes relating to a survivor annuity based on
a death in service occurring on or after such effec-
tive date), service as an air traffic controller (as de-
fined by section 8331(27)(B) or 8401(33)(B) of
such title, as applicable) may not be considered
noncreditable solely on account of its having been
performed before such effective date.
Æ
I
103D CONGRESS
1ST SESSION
H. R. 1175
To amend the Public Health Service Act to establish authorities and
protections regarding the transplantation of human fetal tissue.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1993
Mr. OBEY introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend the Public Health Service Act to establish authori-
ties and protections regarding the transplantation of
human fetal tissue.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Research on Human
Fetal Tissue Amendments of 1993’’.
SEC. 2. ESTABLISHMENT OF AUTHORITIES AND PROTEC-
TIONS REGARDING TRANSPLANTATION OF
HUMAN FETAL TISSUE.
Part G of title IV of the Public Health Service Act
(42 U.S.C. 289 et seq.) is amended by inserting after sec-
tion 498 the following new section:
‘‘RESEARCH ON TRANSPLANTATION OF FETAL TISSUE
‘‘SEC. 498A. (a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may conduct
or support research on the transplantation of human
fetal tissue for therapeutic purposes.
‘‘(2) SOURCE OF TISSUE.—Human fetal tissue
may be used in research carried out under para-
graph (1) regardless of whether the tissue is ob-
tained pursuant to a spontaneous or induced abor-
tion or pursuant to a stillbirth.
‘‘(b) INFORMED CONSENT OF DONOR.—
‘‘(1) IN
GENERAL.—In research carried out
under subsection (a), human fetal tissue may be
used only if the woman providing the tissue makes
a statement, made in writing and signed by the
woman, declaring that—
‘‘(A) the woman donates the fetal tissue
for use in research described in subsection (a);
‘‘(B) the donation is made without any re-
striction regarding the identity of individuals
who may be the recipients of transplantations
of the tissue; and
‘‘(C) the woman has not been informed of
the identity of any such individuals.
‘‘(2) ADDITIONAL
STATEMENT.—In research
carried out under subsection (a), human fetal tissue
may be used only if the attending physician with re-
spect to obtaining the tissue from the woman in-
volved makes a statement, made in writing and
signed by the physician, declaring that—
‘‘(A) in the case of tissue obtained pursu-
ant to an induced abortion—
‘‘(i) the consent of the woman for the
abortion was obtained prior to requesting
or obtaining consent for the tissue to be
used in such research; and
‘‘(ii) no alteration of the timing,
method, or procedures used to terminate
the pregnancy was made solely for the pur-
poses of obtaining the tissue;
‘‘(B) the tissue has been donated by the
woman in accordance with paragraph (1); and
‘‘(C) full disclosure has been provided to
the woman with regard to—
‘‘(i) such physician’s interest, if any,
in the research to be conducted with the
tissue; and
‘‘(ii) any known medical risks to the
woman or risks to her privacy that might
be associated with the donation of the tis-
sue and that are in addition to risks of
such type that are associated with the
woman’s medical care.
‘‘(c) INFORMED CONSENT
OF RESEARCHER
AND
DONEE.—In research carried out under subsection (a),
human fetal tissue may be used only if the individual with
the principal responsibility for conducting the research in-
volved makes a statement, made in writing and signed by
the individual, declaring that the individual—
‘‘(1) is aware that—
‘‘(A) the tissue is human fetal tissue;
‘‘(B) the tissue may have been obtained
pursuant to a spontaneous or induced abortion
or subsequent to a stillbirth; and
‘‘(C) the tissue was donated for research
purposes;
‘‘(2) has provided such information to other in-
dividuals with responsibilities regarding the research;
‘‘(3) will require, prior to obtaining the consent
of an individual to be a recipient of a transplan-
tation of the tissue, written acknowledgment of re-
ceipt of such information by such recipient; and
‘‘(4) has had no part in any decisions as to the
timing, method, or procedures used to terminate the
pregnancy made solely for the purposes of the re-
search.
‘‘(d) AVAILABILITY OF STATEMENTS FOR AUDIT.—
‘‘(1) IN
GENERAL.—In research carried out
under subsection (a), human fetal tissue may be
used only if the head of the agency or other entity
conducting the research involved certifies to the Sec-
retary that the statements required under sub-
sections (b)(2) and (c) will be available for audit by
the Secretary.
‘‘(2) CONFIDENTIALITY OF AUDIT.—Any audit
conducted by the Secretary pursuant to paragraph
(1) shall be conducted in a confidential manner to
protect the privacy rights of the individuals and enti-
ties involved in such research, including such indi-
viduals and entities involved in the donation, trans-
fer, receipt, or transplantation of human fetal tissue.
With respect to any material or information obtained
pursuant to such audit, the Secretary shall—
‘‘(A) use such material or information only
for the purposes of verifying compliance with
the requirements of this section;
‘‘(B) not disclose or publish such material
or information, except where required by Fed-
eral law, in which case such material or infor-
mation shall be coded in a manner such that
the identities of such individuals and entities
are protected; and
‘‘(C) not maintain such material or infor-
mation after completion of such audit, except
where necessary for the purposes of such audit.
‘‘(e) APPLICABILITY OF STATE AND LOCAL LAW.—
‘‘(1) RESEARCH
CONDUCTED
BY
RECIPIENTS
OF
ASSISTANCE.—The Secretary may not provide
support for research under subsection (a) unless the
applicant for the financial assistance involved agrees
to conduct the research in accordance with applica-
ble State and local law.
‘‘(2) RESEARCH CONDUCTED BY SECRETARY.—
The Secretary may conduct research under sub-
section (a) only in accordance with applicable State
and local law.
‘‘(f) DEFINITION.—For purposes of this section, the
term ‘human fetal tissue’ means tissue or cells obtained
from a dead human embryo or fetus after a spontaneous
or induced abortion, or after a stillbirth.’’.
SEC. 3. PURCHASE OF HUMAN FETAL TISSUE; SOLICITA-
TION OR ACCEPTANCE OF TISSUE AS DI-
RECTED DONATION FOR USE IN TRANSPLAN-
TATION.
Part G of title IV of the Public Health Service Act,
as amended by section 2 of this Act, is amended by insert-
ing after section 498A the following new section:
‘‘PROHIBITIONS REGARDING HUMAN FETAL TISSUE
‘‘SEC. 498B. (a) PURCHASE OF TISSUE.—It shall be
unlawful for any person to knowingly acquire, receive, or
otherwise transfer any human fetal tissue for valuable con-
sideration if the transfer affects interstate commerce.
‘‘(b) SOLICITATION OR ACCEPTANCE OF TISSUE AS
DIRECTED DONATION FOR USE IN TRANSPLANTATION.—
It shall be unlawful for any person to solicit or knowingly
acquire, receive, or accept a donation of human fetal tissue
for the purpose of transplantation of such tissue into an-
other person if the donation affects interstate commerce,
the tissue will be or is obtained pursuant to an induced
abortion, and—
‘‘(1) the donation will be or is made pursuant
to a promise to the donating individual that the do-
nated tissue will be transplanted into a recipient
specified by such individual;
‘‘(2) the donated tissue will be transplanted
into a relative of the donating individual; or
‘‘(3) the person who solicits or knowingly ac-
quires, receives, or accepts the donation has provided
valuable consideration for the costs associated with
such abortion.
‘‘(c) CRIMINAL PENALTIES FOR VIOLATIONS.—
‘‘(1) IN
GENERAL.—Any person who violates
subsection (a) or (b) shall be fined in accordance
with title 18, United States Code, subject to para-
graph (2), or imprisoned for not more than 10
years, or both.
‘‘(2) PENALTIES APPLICABLE TO PERSONS RE-
CEIVING CONSIDERATION.—With respect to the im-
position of a fine under paragraph (1), if the person
involved violates subsection (a) or (b)(3), a fine shall
be imposed in an amount not less than twice the
amount of the valuable consideration received.
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘human fetal tissue’ has the
meaning given such term in section 498A(f).
‘‘(2) The term ‘interstate commerce’ has the
meaning given such term in section 201(b) of the
Federal Food, Drug, and Cosmetic Act.
‘‘(3) The term ‘valuable consideration’ does not
include reasonable payments associated with the
transportation, implantation, processing, preserva-
tion, quality control, or storage of human fetal tis-
sue.’’.
SEC. 4. REPORT BY GENERAL ACCOUNTING OFFICE ON
ADEQUACY OF PROTECTIONS.
(a) IN GENERAL.—With respect to research on the
transplantation of human fetal tissue for therapeutic pur-
poses, the Comptroller General of the United States shall
conduct an audit for the purpose of determining—
(1) whether and to what extent such research
conducted or supported by the Secretary of Health
and Human Services has been conducted in accord-
ance with section 498A of the Public Health Service
Act (as added by section 2 of this Act); and
(2) whether and to what extent there have been
violations of section 498B of such Act (as added by
section 3 of this Act).
(b) REPORT.—Not later than May 19, 1995, the
Comptroller General of the United States shall complete
the audit required in subsection (a) and submit to the
Congress a report describing the findings made pursuant
to the audit.
Æ
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure 
Account 1990. 
Sec. 2702. Authorized base realignment and closure activities funded through 
Department of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure 
Account 2005. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATION 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for 
fiscal year 2012 for procurement for the Army as follows: 
(1) For aircraft, $7,061,381,000. 
(2) For missiles, $1,478,718,000. 
(3) For weapons and tracked combat vehicles, 
$1,933,512,000. 
(4) For ammunition, $1,992,625,000. 
(5) For other procurement, $9,682,592,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2012 for procurement for the Navy 
as follows: 
(1) For aircraft, $18,587,033,000. 
(2) For weapons, including missiles and tor-
pedoes, $3,408,478,000. 
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I
103D CONGRESS
1ST SESSION
H. R. 1176
To amend chapter 17 of title 38, United States Code, to establish a program
of rural health-care clinics, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1993
Mr. POMEROY introduced the following bill; which was referred to the
Committee on Veterans’ Affairs
A BILL
To amend chapter 17 of title 38, United States Code, to
establish a program of rural health-care clinics, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RURAL HEALTH-CARE CLINIC PROGRAM.
(a) PROGRAM.—(1) Chapter 17 of title 38, United
States Code, is amended by adding at the end of sub-
chapter II the following new section:
‘‘§ 1720E. Rural health-care clinics: pilot program
‘‘(a) During the three-year period beginning on Octo-
ber 1, 1993, the Secretary shall conduct a rural health-
care clinic program in States where significant numbers
of veterans reside in areas geographically remote from ex-
isting health-care facilities (as determined by the Sec-
retary). The Secretary shall conduct the program in ac-
cordance with this section.
‘‘(b)(1) In carrying out the rural health-care clinic
program, the Secretary shall furnish medical services to
the veterans described in subsection (c) through use of—
‘‘(A) mobile health-care clinics equipped, oper-
ated, and maintained by personnel of the Depart-
ment; and
‘‘(B) other types of rural clinics, including part-
time stationary clinics for which the Secretary con-
tracts and part-time stationary clinics operated by
personnel of the Department.
‘‘(2) The Secretary shall furnish services under the
rural health-care clinic program in areas—
‘‘(A) that are more than 100 miles from a De-
partment general health-care facility; and
‘‘(B) that are less than 100 miles from such a
facility, if the Secretary determines that the furnish-
ing of such services in such areas is appropriate.
‘‘(c) A veteran eligible to receive medical services
through rural health-care clinics under the program is any
veteran eligible for medical services under section 1712 of
this title.