United States · United States Congress · 3 January 1973
Endangered Species Conservation Act - States that the purposes of this Act are to provide a program for the conservation, protection, restoration, or propagation of species and subspecies of fish and wildlife and flora that are threatened with extinction, or are likely within the foreseeable future to become threatened with extinction. Sets forth the procedure by which the Secretaries of Interior and Commerce (as defined by this Act) shall determine if a species or subspecies of fish or wildlife or flora shall be regarded as an endangered species. Lists the following factors to be considered in determining if a species or subspecies is threatened with extinction or will likely become threatened with extinction: (1) the present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, sporting, scientific, or educational purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting its continued existence. Provides that the Secretary shall publish in the Federal Register, not less than annually, a list by scientific and common name or names of species and subspecies determined to be endangered. Provides that the Secretary may, from time to time, by regulation revise such list. Provides that the Secretary shall utilize the land acquisition and other authorities of the Migratory Bird Conservation Act, as amended, the Fish and Wildlife Act of 1956, as amended, and the Fish and Wildlife Coordination Act, as appropriate, to carry out a program in the United States of conserving, protecting, restoring, or propagating those species and subspecies of fish and wildlife that he lists as endangered species pursuant to this Act. Provides that, in carrying out the program authorized by this Act, the Secretary shall cooperate to the maximum extent practicable with the several States. States that such cooperation shall include consultation before the acquisition of any land for the purpose of conserving, protecting, restoring, or propagating any endangered species. Authorizes the Secretary to delegate to a State the authority to regulate the taking by any person of endangered species or subspecies when he determines that such State maintains an adequate and active endangered species program consistent with the policies and purposes of this Act. Provides that any person who: (1) imports into or exports from the United States, receives or causes to be so imported, received, or exported; or (2) takes or causes to be taken within the United States, the territorial sea of the United States, Federal lands, or upon the high seas; or (3) ships, carries, or receives by any means in interstate commerce; any species or subspecies which is listed as an endangered species shall be punished in accordance with the provisions of this Act. Allows exceptions from the prohibitions contained in this Act to permit the taking of an endangered species for scientific purposes and for the propagation of such fish and wildlife in captivity for preservation purposes. Sets forth civil and criminal penalties for violations of the provisions of this Act. Authorizes the Secretary to promulgate such regulations as may be appropriate to carry out the purposes of this Act. Provides that any person who engages in business as an importer of fish and wildlife must register with the Secretary of the Treasury his name and address of each place of business at which, and all trade names under which, he conducts such business. Requires each such person to keep such records as will fully and correctly disclose each importation of fish and wildlife made by him and the subsequent disposition of such fish and wildlife. States that the Secretary, through the Secretary of State, shall seek the convening of an international ministerial meeting on fish and wildlife prior to July 1, 1973, to assure the world wide conservation of endangered species and to avoid unnecessary harm to affected United States industries. Provides that, whenever the Secretary determines that a species of fish or wildlife is an endangered species, the Secretary of Agriculture may use all authorities available to him with respect to research, investigations, conservation, protection, control and management of such endangered species.
United States · United States Congress · 3 January 1973
Pension and Employee Benefit Act - Provides that it shall be the duty of the Secretary of Labor: (1) to promote the establishment, extension, and improvement of pension, profit-sharing-retirement and other employee benefit plans; (2) to accept for registration all pension and profit-sharing-retirement plans required and qualified to be registered with the Secretary; (3) to cancel certificates of registration of pension and profit-sharing-retirement plans registered which cease to be qualified for such registration; (4) to direct and administer the pension reinsurance program established by title II of this Act; (5) to direct and administer the pension portability program established by title II of this Act; (6) to enforce the provisions of title IV of this Act; and (7) to perform such other functions as may be necessary to administer the provisions of this Act. Sets forth the administrative powers of the Secretary. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to carry out his functions and duties. Title I: Benefit Standards - Provides that every administrator of a pension or profit-sharing-retirement plan to which this title applies shall file with the Secretary an application for registration of such plan. Specifies the requirements that such plans must meet to qualify for such registration, including a definition of the benefits provided, the method of determination and payment of benefits, conditions for qualification for membership in the plan, and the financial arrangements made to insure provisional or full funding of benefits under the plan. Provides that the Secretary shall require each plan to furnish each participant, upon termination of service, with a vested right to a deferred life annuity, pension, or other vested interest. Provides that a pension or profit-sharing-retirement plan filed for registration under this title shall provide that a member of the plan who has been in the service of the employer, or has been a member of the plan, for a continuous period of five years, is entitled upon termination of his employment or membership in the plan prior to attaining retirement age in the case of a pension plan to a deferred life annuity commencing at his normal retirement age, and in the case of a profit-sharing-retirement plan to a nonforfeitable right to his interest in such plan, equal to 10 percent of full pension benefits as provided by the plan with respect to such service or such interest, respectively. Provides that such plans shall set forth provisions for funding that prescribe the obligation of the employer to contribute both with respect to the current service cost of the plan and the initial unfunded liability and experience deficiency. Provides that the Secretary, in respect to a registered pension plan, shall cause the plan to be reviewed not more than three years after registration and at intervals of not more than three years thereafter. Provides for registration of certain pension plans not meeting the above requirements if such plans meet other minimum requirements. Provides a formula for the allocation of funds among contributors to a pension plan upon complete or substantial termination thereof. Provides for the enforcement of the payment of death benefits under a pension or profit-sharing-retirement plan covered by this title. Title II: Pension Reinsurance - Establishes a program to be known as the Federal pension reinsurance program to insure beneficiaries of a reinsured pension plan against loss of nonforfeitable benefits to which they are entitled under such pension plan arising from substantial cessation of one or more of the operations carried on by the contributing employer in one or more facilities of such employer before such plan has been fully funded. Provides that each registered pension plan shall pay an annual premium for reinsurance under the program as may be established by the Secretary. Provides for a limited reinsurance program of plans to which it is not feasible to give full insurance. Provides that in carrying out his duties under this title the Secretary shall establish a revolving fund into which all amounts paid into the program as premiums shall be deposited and from which all liabilities under the program shall be paid. Authorizes the Secretary to borrow from the Treasury such amounts as may be necessary for deposit into the revolving fund to meet the liabilities of the program. Title III: Pension Portability Program - Authorizes the Secretary to receive amounts which are transferred to him from a registered plan and which are in settlement of an individual's rights under the plan when such individual is separated from employment covered by the plan before the time prescribed for payments under the plan to such individual or to his beneficiaries. Title IV: Fiduciary Responsibility and Disclosure - Provides that this title shall not apply to an employee benefit plan if: (1) such plan is administered by the Federal Government or any agency or instrumentality of the Federal Government; (2) such plan was established and is maintained solely for the purpose of complying with applicable workmen's compensation laws or employment compensation disability insurance laws; and (3) such plan covers not more than eight participants. Requires a description of any employee benefit plan to be published within ninety days after the establishment of such plan or when such plan becomes subject to the Act, whichever is later. Provides that if some or all of the benefits under the plan are provided by an insurance carrier or service or other organization, such carrier or organization shall certify to the administrator of such plan, within one hundred and twenty days, such reasonable information determined by the Secretary to be necessary to enable such administrator to comply with the requirements of the Act. Provides that an annual report shall be published with respect to any employee benefit plan if the plan provides for an employee benefit plan subject to the Act or if it covers eight or more participants. Sets forth the information required in such reports. Sets forth the information required to be in the annual report of an employee pension benefit plan including: (1) the type and basis of funding; (2) the number of participants; (3) the amount of all reserves or net assets accumulated under the plan; (4) the present value of all liabilities; (5) the ratio of the market value of the reserves and assets of the plan to the liabilities of the plan; (6) a copy of the most recent actuarial report; and (7) a statement showing the number of participants who terminated service under the plan during the year. Provides criminal penalties for violation of the provisions of this Act. Directs the Secretary to determine whether any person has violated or is about to violate any provision of supporting schedules of financial information required to be furnished under this Act. of this title, to make an investigation, and in connection therewith he may require the filing Allows civil actions to be brought by a participant or beneficiary of a plan to determine the vesting of benefits of the plan, to recover benefits due him under the terms of his plan, or to clarify his rights to future benefits under the terms of the plan. Directs that the Secretary, a participant, or a beneficiary may bring an action for appropriate legal or equitable relief to redress the breach of any responsibility of a fiduciary under this Act. Allows the Secretary to bring a civil action to enjoin any act or practice which appears to him to violate any of the provisions of this title. Requires that the contents of annual reports filed with the Secretary pursuant to this title shall be public information. Prescribes that every person required to file any description or report or to certify any information under this Act shall maintain records on the matters of which disclosure is required. Directs that every fiduciary and every person who handles funds or other property of an employee benefit plan shall be bonded, except where the only assets from which benefits are paid are the general assets of a union or employer. Provides that every employee benefit plan shall be deemed to be a trust. Sets forth the responsibilities and obligations of fiduciaries in fulfilling their duties under the Act. Provides that no fiduciary may be relieved from any responsibility, obligation, or duty under this Act by agreement or otherwise. Provides that no one who has been convicted of specified crimes shall serve in a fiduciary position of any employee benefit plan, or as a consultant to any employee benefit plan during or for five years after such conviction. Establishes an Advisory Council on Employee Welfare and Pension Benefit Plans to advise the Secretary with respect to the carrying out of his functions under this title, and to submit to the Secretary recommendations with respect thereto. Repeals the Welfare and Pension Plan Disclosure Act. Title V: Enforcement - Prescribes that the Secretary may petition any district court of the United States having jurisdiction over the parties, or the United States District Court for the District of Columbia, for an order requiring the administrator of the plan to comply with the registration requirements of title I. Provides that suits by an administrator or fiduciary of a pension plan, a profit-sharing-retirement plan, or an employee's benefit fund to review any final order of the Commission, to restrain the Commission from taking any action contrary to the provisions of this Act, or to compel action under this Act, may be brought in the name of the plan or fund in the district court of the United States. Provides that the provisions of this act shall supersede any and all laws of the States and political subdivisions thereof insofar as they may now or hereafter relate to the subject matter regulated by this Act. (Repeals 29 U.S.C. 301-309)
United States · United States Congress · 3 January 1973
Requires hidden costs to be considered in connection with determining the cost of foreign goods under the provisions of Federal law relating to the preference to be given to American goods in connection with materials purchased for public use. States that the term "hidden costs" refers to the following: (1) the increase in unemployment in the United States which may result from using goods which are other than American goods; (2) the increased cost of unemployment compensation or welfare payments to American workers which may result from using goods which are other than American goods; (3) the loss by the United States of personal corporate income tax revenue which may result from using goods which are other than American goods; (4) the loss to the money supply of the United States which may result from using goods which are other than American goods; (5) the cost of shipping and inspecting goods which are other than American goods; and (6) any duty, tariff, surcharge, or other expense which may enter into the cost of using goods which are other than American goods.
United States · United States Congress · 3 January 1973
National No-Fault Motor Vehicle Insurance Act - Prohibits any person from registering any motor vehicle upon a public street or road unless such vehicle is insured under a qualifying no-fault policy pursuant to regulations prescribed by the Secretary of Transportation or provides a security bond, proof of qualification as a self insurer, or other securities affording security equivalent to that afforded under a qualifying no-fault policy. Provides for a fine of not to exceed $1,000 or imprisonment for not to exceed six months, or both, for knowingly violating the above requirements. Requires that to be a qualifying no-fault policy, an insurance policy, except as to the occupants of a motor vehicle other than the insured vehicle or the operator or user of a motor vehicle engaging in criminal conduct, must provide benefits as follows: (1) to any person injured an amount equal to the net economic loss, as defined by this Act, sustained by such person as a result of such injury; and (2) to the legal representative of any person killed for the benefit of the surviving spouse and any dependent, without regard to fault, an amount equal to the net economic loss sustained by such spouse and dependent as a result of the death of such person. Provides for the payment for net economic loss as such losses are incurred except that in the case of death payment may at the option of the beneficiary be made immediately as a lump sum payment. Requires, in the case of injury or death to any person, that the insurer pay compensation for damages other than economic loss. Requires the insurer to pay any person for damages to property arising from the use of the insured vehicle. Exempts any person who is the owner, operator, or user of an insured motor vehicle or the operator or user of an uninsured vehicle who has no reason to believe that such vehicle is uninsured from tort liability for damages unless that person is engaging in criminal conduct. Forbids any person from proceeding to trial and prohibits any judgment from being rendered (except by the consent of all parties) in a suit including a claim for damage other than economic loss unless (a) all claims for net economic losses have been satisfied, or (b) there exists a claim for a net economic loss which is agreeably the result of the accidental harm for which the claim for damage is made and which has not been paid within thirty days after the insurer has received reasonable notice of the fact and a demand for payment, or (c) three years have elapsed since the date of the event upon which the claim is based or one year has elapsed since the date of the event and all claims attributable to economic losses have been satisfied. Renders unenforceable any contract for settlement of any claim for damage other than payment in consideration of any economic loss. Establishes the statute of limitations for bringing suit under provisions providing compensation for damages other than economic loss at four years from the date of the accident or one year after the last payment for economic loss, whichever is shorter. Allows additional coverages and benefits not inconsistent with the requirements of this Act. Subjects any insurer to $5,000 civil penalty for each policy issued in violation of this Act. Requires the Secretary of Transportation to promulgate a uniform statistical plan for the allocation and compilation of claims and loss experience data, such plan to be followed by every insurer writing qualifying no-fault policies and by every rating or advisory organization or statistical agent. Requires the Secretary to organize an assigned claims bureau and assigned claims plan in each State, the cost for the maintaining of which shall be assessed against insurers in each State by the appropriate State insurance supervisory authority. Forbids any insurer to write any qualifying no-fault policy unless the insurer participates in the assigned claims bureau in each State in which it writes such policies. Establishes standards by which a claimant may obtain benefits under the assigned claims plan. Allows the awarding of reasonable attorney's fees to any person making a claim under a qualifying no-fault policy.
United States · United States Congress · 3 January 1973
Requires the President to notify within ten days each House of the Congress by special message of every instance in which he impounds funds or authorizes such impoundment by any officer of the United States. States that such message must specify the amount of impounded funds, the specific programs affected, and the reasons for the impoundment of funds. Provides that the President shall cease the impounding of funds set forth in each special message within sixty days of continuous session after the message is received by the Congress unless the specific impoundment shall have been ratified by the Congress by the passage of a resolution in accordance with the provisions of this Act.
United States · United States Congress · 3 January 1973
Police Manpower Act - States that it is the purpose of this Act to enable units of local government to significantly increase the number of police as quickly and as effectively as possible. Authorizes to be appropriated the sum of $2,000,000,000 for fiscal year 1973 and for each of the next five fiscal years for the purposes of this Act. Provides that the Law Enforcement Assistance Administration shall make a study of the needs and efficiency of the local police force of each consenting unit of general local government which has a population in excess of 10,000 in descending order of each such unit's crime problem. Outlines provisions to be included in such a study and the methodology to be followed in the conduct of the study. Authorizes the Administration to make grants to units of local government, with respect to which a study has been made, in order to enable that unit to make additions to its police force, consistent with the findings and recommendations of the study. Provides that no grant shall be used to diminish the level of local efforts and resources allocated to police manpower purposes. Establishes the Police Manpower Assistance Council which shall consist of twelve members appointed by the Attorney General. States that it is the sense of the Congress that each member of the Council shall be from a different public interest group and that the Council shall have representatives from at least eight of the groups listed in this Act. Provides that the Council shall exercise general and specific oversight concerning the administration of this Act, including the review and resolution of disputes between the Administration and units of local government with respect to the conditions and terms of grants made under this Act.
United States · United States Congress · 3 January 1973
Public and Private Education Assistance Act - Title I: Payments to States for Public Elementary and Secondary Education - Authorizes and directs the Secretary of Health, Education and Welfare to make available to the States funds from the Public Education Trust Fund established by this Act for the use by the States for expenditures to equalize public education within each State. Designates the Secretary as the trustee of the Public Education Trust Fund. Authorizes appropriations for deposit in the Fund of $2,250,000,000 for the fiscal year beginning July 1, 1972, and $2,250,000,000 for each fiscal year thereafter. Requires the Secretary to report to the Congress annually on the operation and status of the Fund during the preceding fiscal year. Provides for standards which the State must establish in order to qualify for payments under this title. Provides that no person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Title II: Credit Against the Individual Income Tax for Tuition Paid for the Elementary or Secondary Education of Dependents - Allows as a credit under the Internal Revenue Code of 1954 the amount paid by an individual to any private non-profit elementary or secondary school during the taxable year for a dependent's education according to the following limitations: (1) 100 percent of such tuition, or (2) $200, whichever is the lesser. Defines the terms used in this title. Provides that the provisions of this Act shall apply to taxable years beginning after December 31, 1971.
United States · United States Congress · 3 January 1973
Provides a basic $5,000 exemption from income tax under the Internal Revenue Code in the case of an individual or a married couple, for amounts received as annuities, pensions, or other retirement benefits. (Amends 26 U.S.C. 72a)
United States · United States Congress · 3 January 1973
Fair Labor Standards Amendments - Extends the provisions of the Fair Labor Standards Act to employees of an enterprise whose annual gross volume of sales made or business done is not less than $125,000. Defines "employer" subject to the act as including any person of an employer in relation to an employee and includes the United States or any State or political subdivision of a State (but does not include a labor organization). Increases the hourly minimum rate under the Act to $2.25. Increase the hourly minimum wage rate for employees in agriculture to: (1) not less than $1.50 an hour during the first year from the effective date of this Act; (2) not less than $1.75 an hour during the second year from such date; (3) not less than $2.00 an hour during the third year from such date; and (4) not less than $2.25 an hour thereafter.
United States · United States Congress · 3 January 1973
Criminal Injuries Compensation Act - Title I: Short Title and Definitions - Defines such terms as "child", "dependent", and "relative". Title II: Establishment of Violent Crimes Compensation Commission - Establishes an independent agency within the executive branch of the Federal Government to be known as the Violent Crimes Compensation Commission. Provides that the Commission shall be composed of three members to be appointed by the President, by and with the advice and consent of the Senate. Provides that the President shall designate one of the members of the Commission as Chairman, who shall have been a member of the bar of a Federal court or of the highest court of a State for at least eight years. Provides that there shall be appointed, by the President, by and with the advice and consent of the Senate, an Executive Secretary and a General Counsel to perform such duties as the Commission shall prescribe in accordance with the objectives of this Act. Provides that, in order to carry out the purposes of this Act, the Commission shall: (1) receive and process applications under the provisions of this Act for compensation for personal injury resulting from violent acts in accordance with title III of this Act; (2) pay compensation to victims and other beneficiaries in accordance with the provisions of this Act; (3) hold such hearings, sit and act at such times and places, and take such testimony as the Commission or any member thereof may deem advisable; (4) promulgate standards and such other criteria; and (5) make grants in accordance with the provisions of title V of this Act. Allows the Commission to subpena and require production of documents in the manner of the Securities and Exchange Commission as required by subsection (c) of section 18 of the Act of August 26, 1935, and the provisions of subsection (d) of such section shall be applicable to all persons summoned by subpena or otherwise to attend or testify or produce such documents as are described therein before the Commission, except that no subpena shall be issued except under the signature of the Chairman, and application to any court for aid in enforcing such subpena may be made only by the Chairman. Provides that subpenas shall be serviced by any person designated by the Chairman. Title III: Award and Payment of Compensation - Provides that, in any case in which a person is injured or killed by any act or omission of any other person which is within the description of the offenses listed in this Act, the Commission may, in its discretion, upon an application, order the payment of, and pay, compensation in accordance with the provisions of this Act if such act or omission occurs: (1) within the "special maritime and territorial jurisdiction of the United States" as defined in section 7 of title 18 of the United States Code; or (2) within the District of Columbia. Provides that the Commission may order the payment of compensation: (1) to or on behalf of the injured person; (2) in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person; (3) in the case of the death of the victim, to or for the benefit of the dependents or closest relative of the deceased victim, or any one or more of such dependents; (4) in the case of a payment for the benefit of a child or incompetent the payee shall file an accounting with the Commission no later than January 31 of each year for the previous calendar year; and (5) in the case of the death of the victim, to any one or more persons who suffered pecuniary loss with relation to funeral expenses. Allows the Commission to order the payment of, and pay, compensation in accordance with the provisions of this Act for personal injury or death which resulted from offenses in the following categories: (1) assault with intent to kill, rob, rape; (2) assault with a dangerous weapon; (3) assault; (4) malicious disfiguring; (5) threats to do bodily harm; (6) indecent act with children; (7) arson; (8) kidnapping; (9) robbery; (10) murder; (11) manslaughter, voluntary; (12) attempted murder; (13) rape; or (14) other crimes involving force to the person. Title IV: Recovery of Compensation - Provides that, whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this Act for a personal injury or death resulting from the act or omission constituting such offense, the the Attorney General may institute an action against such person for the recovery of the whole or any specified part of such compensation in the district court of the United States for any judicial district in which such person resides or is found. Provides that such court shall have jurisdiction to hear, determine, and render judgment in any such action. Provides that process of the district court for any judicial district in any action may be served in any judicial district of the United States by the United States marshal thereof. Declares that, whenever it appears to the court in which any action is pending that other parties should be brought before the court in such action, the court may cause such other parties to be summoned from any judicial district of the United States. Declares that the Commission shall provide the Attorney General such information, data, and reports as the Attorney General may require to institute such actions. Title V: Violent Crimes Compensation Grants - Provides that, under the supervision and direction of the Commission, the Executive Secretary is authorized to make grants to States to pay the Federal share of the costs of State programs to compensate victims of violent crimes. Provides that a State is eligible for assistance under this title only if the Executive Secretary, after consultation with the Attorney General, determines, pursuant to objective criteria established by the Commission, that such State has enacted legislation of general applicability within such State: (1) establishing a State agency having the capacity to hear and determine claims brought by or on behalf of victims of violent crimes and order the payment of such claims; (2) providing for the payment of compensation for personal injuries or death resulting from offenses in the categories established; (3) providing for the payment of compensation for: (A) expenses actually and reasonably incurred as a result of the personal injury or death of the victim; (B) loss of earning power as a result of total or partial incapacity of such victim; (C) pecuniary loss to the dependents of the deceased victim; (D) pain and suffering of the victim; and (E) any other pecuniary loss resulting from the personal injury or death of the victim which the Commission determines to be reasonable, and which is based on a schedule substantially similar to that provided in title III of this Act; and (4) containing adequate provisions for the recovery of compensation substantially similar to those contained in title IV of this Act. Title VI: Miscellaneous - Provides that the Commission shall transmit to the President and to the Congress annually a report of its activities under this Act including the name of each applicant, a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the number and amount of grants to States under title V.
United States · United States Congress · 3 January 1973
Provides, under the Economic Stabilization Act of 1970, that food products shall not be exempt from guidelines issued which limit increases of the levels of prices.
United States · United States Congress · 3 January 1973
Provides that the proceedings of the Italian American War Veterans of the United States, Incorporated, shall be printed annually as a House document. (Amends 44 U.S.C. 275b)
United States · United States Congress · 3 January 1973
Health Security Act - Title I: Health Security Benefits - Provides that every resident of the U.S. (and every non-resident citizen when in the U.S.) will be eligible for covered services. Permits reciprocal and "buy-in" agreements for groups of non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Provides that all necessary professional services of physicians, wherever furnished are covered, including preventive care, with two important restrictions: (1) specialist services are covered only when performed by a qualified specialist except in emergency situations, and generally only on referral from a primary physician; and (2) psychiatric services to an ambulatory patient are covered only for active preventive, diagnostic, therapeutic or rehabilitative service with respect to mental illness. Provides that comprehensive dental services (exclusive of most orthodontic services) are covered for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered. Provides that: (1) inpatient and outpatient hospital services and services of a home health agency are covered without arbitrary limitation; (2) pathology and radiology services are specifically included as parts of institutional services; and (3) custodial care is specifically excluded in specified institutional settings. Limits payment for skilled nursing home care to 120 days per spell of illness, except that this limit may be increased when the nursing home is owned or managed by a hospital and payment for care is made through the hospital's budget. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Provides coverage for two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Provides a broad list of approved medicines available for use in institutions and by comprehensive health service organizations and a more restricted list which is available for use outside such organized settings. Provides that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Asserts that the professional services of optometrists and podiatrists are covered, subject to regulations, as are diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. States that health services furnished or paid for under a workmen's compensation law are not covered. Provides that the services of a professional practitioner are not covered if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Requires that such providers must agree to provide services without discrimination, to make no unauthorized charge to the patient for any covered service, and to furnish data necessary for utilization review by professional peers, statistical studies by the Board, and verification of information for payments. Makes professional practitioners, licensed when the program begins, eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to those required by his State. Establishes conditions of participation for general hospitals similar to those required under Medicare. States that the two requirements not found in the Medicare program are: (1) that the hospital must not discriminate in granting staff privileges on any grounds unrelated to professional qualifications; and (2) that it establish a pharmacy and drug therapeutics committee for supervision of hospital drug therapy. Provides that psychiatric hospitals will be eligible to participate only if the Board finds that the hospital (or a distinct part of the hospital) is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Describes as eligible a health maintenance organization which undertakes to provide an enrolled population either with complete health care or with complete health security services (other than institutional services, mental health or dental services) for the maintenance of the health and care of ambulatory patients. Permits a foundation sponsored by a county or other local medical society to participate as a provider of services. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the broad and general conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of remedial services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when he is acting as an employee. Provides reimbursement for any services furnished by these institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State, the scope of his permissible practice being governed by the law of the State in which he is practicing. Grants a similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Provides that three separate accounts shall be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Provides that in each of the first two years of the program operation, 2 percent of the Trust Fund shall be set aside for the Health Resources Development Fund; and the allocation shall increase by 1 percent at two-year intervals to 5 percent within the next 6 years. Provides for allocation of the Health Services account among the regions of the country. Provides that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Provides that the Board will divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, applications, and equipment; and miscellaneous services. Provides that payments for covered services provided to eligible persons by participating providers will be made from the Health Service Account in the Trust Fund. Describes the method to be used in applying, as between practitioners electing the various methods of payment fee for service, the monies available in each health service area for payment to each category of professional providers. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Provides that skilled nursing homes and home health agencies will be paid in the same manner as a general hospital (on an approved annual budget basis). Provides that a health maintenance organization will be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Contains a series of provisions for developing a continuous process of health service planning and for assisting in the recruitment, education, and training of health personnel. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services, and (2) to organizations providing comprehensive ambulatory care to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for administration of the Health Security program. Establishes a five-member full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Provides that the members shall be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Creates the position of an Executive Director, appointed by the Board with the approval of the Secretary. Provides that the Executive Director shall serve as secretary to the Board and shall perform such duties in the administration of the program as the Board assigns to him. Provides that the program will be administered through the regional offices of the Department of Health, Education, and Welfare. Requires the establishment of sub-regional (service area) offices. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Provides that the Advisory Council will advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board directly or by contract to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services of administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Provides for the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. States that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to 1 percent on employees and 3.5 percent on employers. Raises the wage base for the employee tax from the present $7,800 to $15,000 or, if higher 125 percent of the contribution and benefit base. Broadens the definitions of covered employment to include foreign agricultural workers, employees of the U.S. and its instrumentalities (other than members of the armed forces and the President, Vice-President, and Members of Congress), employees of charitable and similar organizations, railroad employees, and (for the employee tax only) employees of States and their political subdivisions and instrumentalities. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Spells out the precise effective dates of the new payroll tax provisions. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, and raises the rate to 2.5 percent, and raises the maximum taxable self-employment income from $7,800 to $15,000. Adds a new 1 percent Health Security tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act, and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commissioner shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Makes various conforming amendments to the medicare, medicaid, vocational rehabilitation, and Federal employees health benefits statutes to bring it into conformity with this Act. Requires that, after the effective date of benefits, no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid, and that the Federal government will have no responsibility to reimburse any State for the cost of providing a service which is covered under Health Security. Provides that funds available under the Vocational Rehabilitation Act or the Maternal and Child Health title of the Social Security Act shall not be used to pay for personal health services after the effective date of benefits, except (to the extent prescribed in regulations by the Secretary of HEW) to pay for services which are more extensive than those covered under Health Security. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen, and Indians and Alaskan natives, and veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 3 January 1973
Consumer Product Warranties and Federal Trade Commission Improvements Act - Title I: Consumer Product Warranties - Provides that any supplier warranting a consumer product in writing shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty pursuant to any rules issued by the Federal Trade Commission in accordance with this Act. Authorizes the Commission to prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Provides that no warrantor of a consumer product may condition his warranty of such product on the consumer's using, in connection with such product, any article or service which is directly or indirectly identified by brand, trade, or corporate name. States that, in order to incorporate the Federal minimum standards for warranty, a supplier warranting a consumer product in writing must, as a minimum, undertake the repair or replacement, within a reasonable time and without charge, of such consumer product in the case of a breach of such written warranty. Provides that the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing repair or replacement of any consumer product which does not conform to the written warranty unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. States that nothing in this title shall be construed to prevent a supplier from selling a service contract to the consumer in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the service contract. Provides that there shall be no express disclaimer of implied warranties to a consumer if any express warranty of a consumer product is made by a supplier to a consumer in writing. Declares it to be the policy of Congress to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that it shall be a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Allows any person damaged by the failure of a supplier to comply with any obligations assumed under an express or implied warranty or service contract with respect to a consumer product to bring suit in an appropriate U.S. district court or in any court of competent jurisdiction in any State or the District of Columbia. Provides that nothing contained in this title shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act or any statute defined therein as an antitrust act or any remedies otherwise available under State law. Title II: Federal Trade Commission Improvements - Extends the definition of unfair methods of competition under the Federal Trade Commission Act to mean activities "in or affecting commerce." (Amends 15 U.S.C. 45) Increases to $10,000 the civil penalty for violating an order of the commission. (Amends 15 U.S.C. 45(L)) Provides that the Commission shall have the power to classify corporations and to issue procedural rules, and rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that when making such rules the Commission shall: (1) issue an order of proposed rulemaking stating with particularity the reason for the proposed rule; (2) allow interested persons to comment on the proposed rule in writing and make all such comments publicly available; (3) hold an informal hearing at which interested persons may comment orally on the proposed rule; and (4) promulgate, if appropriate, a final rule together with a statement of basis and purpose based on the information and comments compiled in accordance with clauses (1), (2), and (3). States that any violation of such rules promulgated shall constitute an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Authorizes judicial review of such rules in a United States court of appeals on petition by a person adversely affected. (Amends 15 U.S.C. 46(g)) Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer; and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final; the Commission may bring a suit in a district court of the United States to enjoin any such act or practice. (Amends 15 U.S.C. 53)
United States · United States Congress · 3 January 1973
Constitutional Amendment - Provides that the President and Vice President shall be elected by popular vote at such time, place, and manner as the Congress by law shall provide. States that the election of the President and the Vice President shall be determined by a majority of the votes cast, or in the event no person receives a majority, by plurality of the votes cast.
United States · United States Congress · 3 January 1973
Establishes a Commission on Railroad Transportation in the Northeast to keep itself closely informed on all developments in the Matter of Penn Central Transportation Company, Debtor, Numbered 70-347, United States District Court for the Eastern District of Pennsylvania. Provides that whenever the Commission finds that there is no reasonable prospect of achieving a traditional income-based reorganization of the Company without the abandonment of subsidization of lines of road reasonably needed for useful transportation or the reduction of its work force to a degree not consistent with efficient, nonburdensome and safe operations, or the subsidization of intercity or commuter passenger operations to a degree more favorable than those generally prevailing, then the Commission shall so determine and declare. Establishes a Federal corporation to be known as the Northeast Transportation Authority. Provides that in the event the Commission makes the above determination and declaration, then all property, real or personal, owned or operated under the direction of the trustees of the Company and which is used or useful in the conduct of transportation shall become the property of the United States of America, and title thereto, with power to deal therewith, shall be vested in the Northeast Transportation Authority. Directs the Commission to negotiate with bankruptcy trustees of the Company in an effort to agree upon a sum of money that will constitute just and reasonable compensation for such property passing to the United States. Provides that the trustees shall distribute the transportation properties of the debtor together with the proceeds of liquidation of such other properties as the debtor may own, to the creditors and holders of other interests in the debtor in accordance with the laws applicable to bankruptcies and under the direction of the bankruptcy court. Provides that the Authority shall be deemed a common carrier, and shall be subject to all provisions of the Interstate Commerce Act. Provides that the primary objective of the Northeast Transportation Authority's operations shall be to provide the public with the most economic, attractive, safe, and useful railroad transportation service that can be furnished, while maintaining rates of pay, rules, and working conditions for employees at a level not less than that prevailing in the railroad industry in the United States. Authorizes to be appropriated such sums as may be necessary to carry out this Act, together with such sums as may be shown from time to time to be necessary to conduct the operations of the Authority in accordance with this Act.
![Official portrait of Rep. Carney, Charles J. [D-OH-19]](https://www.congress.gov/img/member/c000164_200.jpg)