United States · United States Congress · 5 February 1973
Honest Label Act - Requires, under the Federal Food, Drug, and Cosmetic Act, that labels on packaged foods, drugs, and cosmetics contain the name and place of business of the manufacturer, packer, and distributor.
United States · United States Congress · 5 February 1973
Appliance Dating Act - Requires any consumer durable product determined by the Federal Trade Commission to be of a type whose design or performance features are changed on periodic bases in such a manner as to make its date of manufacture a relevant factor in connection with sales to consumers to be labeled by the manufacturer as to the month and year of manufacture.
United States · United States Congress · 5 February 1973
Consumer Protection Act - Title I: Office of Consumer Affairs - Creates an Office of Consumer Affairs, within the Executive Office of the President, to coordinate Federal consumer protection activities, serve as a clearinghouse for complaints, and publish Government consumer information. Provides that the office shall be headed by a Director appointed by the President with the advice and consent of the Senate, and gives the Director powers to carry out the objectives of this Act. Requires the Director to transmit to the Congress and the President an annual report of the activities of the office during the preceding year including a summary of complaints and the need for additional legislation to protect the interest of the U.S. consumer. Provides that it shall be the function of the office to: (1) coordinate the programs and activities of all Federal agencies relating to the interests of consumers in order to achieve effectiveness and avoid duplications and inconsistencies; (2) encourage and assist in the development and implementation of consumer programs and activities in the Federal Government; (3) assure that the interests of consumers are taken into consideration by appropriate Federal agencies both in the formulation of policies with respect to consumers and in the operation of programs that may effect consumer interests; (4) cooperate with and, when requested, provide assistance to the Administrator of the Consumer Protection Agency; (5) advise and make recommendations to all Federal agencies with respect to general policy matters concerning the effectiveness of programs and activities relating to the interests of consumers; (6) submit recommendations to the Congress and the President on the means by which programs and activities relating to the interests of consumers can be improved; (7) conduct conferences, surveys, and investigations concerning the needs, interests, and problems of consumers which are not duplicative in significant degree to similar activities conducted by other Federal agencies; (8) encourage, initiate, coordinate, and participate in consumer education and counseling programs (including credit counseling); (9) encourage, report, and coordinate research and studies leading to improved products, services, and consumer information; (10) cooperate with and give technical assistance to State and local governments in the promotion and protection of consumer interests, including programs relating to the arbitration of disputes between consumers and businessmen and producers; (11) cooperate with and assist private enterprise in the promotion and protection of consumer interests; (12) publish and distribute in a Consumer Register material which will include notices of Federal hearings, proposed and final rules and orders, and other useful information, translated from its technical form into language which is understandable by the public; and (13) keep the appropriate committees of the Congress fully and currently informed of all its activities, except that this paragraph is not authority to withhold information requested by individual Members of Congress. Title II: Consumer Protection Agency - Establishes as an independent agency within the executive branch of the Government the Consumer Protection Agency, headed by an Administrator appointed by the President with the advice and consent of the Senate, to advise the Congress and the President as to matters concerning consumer interests and to protect the interest of consumers. Gives the Agency powers to carry out the objectives of this Act and sets out specific functions for the Agency. Asserts that the functions of the Agency shall be to: (1) represent the interests of consumers in proceedings before Federal agencies and courts; (2) encourage and support research, studies and testing leading to a better understanding of consumer products and to improved products, services, and consumer information; (3) submit recommendations annually to the Congress and the President on measures to improve the operation of the Federal Government in the protection and promotion of the consumer interests; (4) publish and distribute material developed pursuant to carrying out its responsibilities which will inform consumers of matters of interests to them; (5) conduct conferences, surveys, and investigations, including economic surveys, concerning the needs, interests, and problems of consumers which are not duplicative in significant degree to similar activities conducted by other Federal agencies; (6) keep the appropriate committees of Congress fully and currently informed of all its activities, except that this paragraph is not authority to withhold information requested by individual Members of Congress; and (7) cooperate with and, when requested, provide assistance to the Director of the Office in the carrying out of his functions. Allows the Agency to intervene and represent the interests of consumers in Federal agencies investigations or hearings where the interests of such consumers would not otherwise be adequately protected. Authorizes the Agency to intervene as a party in a proceeding in a court of the United States involving the review of Federal agency action in a rulemaking proceeding in which the Agency had participated in or an adjudicatory proceeding in which the Agency had intervened, and to the extent that a right of judicial review is otherwise accorded by law. Authorizes the Agency to institute a proceeding in a competent court of the United States to secure such a review. Authorizes the Administrator to request the Federal Agency concerned to initiate such proceedings or to take such other action as may be authorized by law with respect to such agency, when the Administrator determines it to be in the interests of consumers. Authorizes the Office of Consumer Affairs and the Agency to receive information disclosing a probable violation of any law, administrative order, Federal judgment, or other trade practice affecting consumer interests and to take action to prohibit any further violation. Requires the Agency and Office to develop and disseminate data concerning the function and duties of the Agency and Office, consumer problems, and trade practices detrimental to the interests of consumers. Authorizes the Agency to encourage and support development and application of methods and techniques for testing consumer products, to recommend to other Federal agencies with respect to such information within their authority which would be useful and beneficial to consumers, and to investigate and report to Congress on the feasibility of establishing a National Consumer Information Foundation. Authorizes the Agency to conduct studies and investigations of the scope and adequacy of measures employed to protect consumers against unreasonable risk of injuries which may be caused by hazardous household products. Provides for limitations on disclosures to the public of information collected by any instrumentality created by or under this Act. Title III: Consumer Advisory Council; Protection of Consumer Interest In Administrative Proceedings; Miscellaneous Amendments - Establishes a Consumer Advisory Council consisting of 15 members to advise the Director and Administrator on matters concerning consumer interests and to review the effectiveness of Federal programs relating to consumer interest. Requires every Federal agency taking any action affecting consumer interests to provide notice of such action to the Office or Agency and to take action to consider the interests of consumers. Authorizes necessary appropriations to carry out the purposes of this Act.
United States · United States Congress · 5 February 1973
Unit Pricing Act - Provides that no person engaged in business in the sale at retail of any packaged consumer commodity which has been distributed in commerce, or the distribution of which affects commerce, shall sell, offer for sale, or display for sale any such commodity unless: (1) the total selling price of such commodity is plainly marked by a stamp, tag, or label affixed to a principal display panel of the package or by a label or sign at the point of display of such package; and (2) the retail unit price of such commodity is plainly marked by: (a) stamp, tag, or label affixed to a principal display panel of the package, or (b) a label or sign in close proximity to the point of display of such package, which label or sign shall also contain the name and quantity of contents of such commodity. Exempts from the requirement of marking the unit price of commodities: (1) any individual retail outlet which sells or offers for sale packaged consumer commodities and whose total gross sales do not exceed $250,000 per annum, unless such an outlet is one of a number of outlets owned substantially or whose inventory is supplied substantially, by a single person, partnership, or corporation whose total gross sales exceed $500,000 perannum; (2) any retail outlet in any State or any political subdivision thereof which has enacted mandatory unit pricing laws and whose laws, in the judgment of the Federal promulgating authority, are in scope and comprehensiveness superior to the requirements of this Act; except that retailers (including chainstores and affiliated stores) who operate outlets in any such geographical area shall be subject to the unit pricing requirement of this Act if they also operate outlets in one or more other States or political subdivisions. (Amends 15 U.S.C. 1453)
United States · United States Congress · 5 February 1973
Open Dating Perishable Food Act - Provides, under the Fair Packaging and Labeling Act, that no person who manufactures or packages a perishable or semiperishable food in the form in which it is sold by retail distributors to consumers may distribute for purposes of sale a perishable or semiperishable food in the form in which it is sold by retail distributors to consumers may distribute for purposes of sale a perishable or semiperishable food packaged by him in such form unless he has labeled such packages to show the pull date for such food and the optimum temperature and humidity conditions for its storage by the ultimate consumer. Provides, with certain excpetions, that no person engaged in business as a retail distributor of any packaged perishable or semiperishable food may sell, offer to sell, or display for sale any such food whose pull date, as specified on its packages label, has expired. States that no person engaged in the business of manufacturing, processing, packaging, or distributing perishable or semiperishable foods may place packages on such foods in shipping containers or wrappings unless such containers or wrappings are labeled by him to show the pull date on the labels of such packages. Provides that no person may change, alter, deface or remove before the sale of a packaged perishable or semiperishable food to the ultimate consumer any pull date required by this Act to be placed on the label of such food's package or shipping container or wrapping. States that any person who violates any provision of this Act shall be imprisoned for not more than one year or fined not more than $5,000, or both. Provides that if any person commits such a violation after a conviction of him under this part has become final, or commits such a violation with the intent to defraud or mislead, such person shall be imprisoned for not more than $25,000, or both. Provides that the United States district courts shall have jurisdiction to restrain violations of this Act. Requires the Secretary of Health, Education, and Welfare to submit an annual report to the Congress concerning the enforcement of this Act.
United States · United States Congress · 5 February 1973
Truth in Food Labeling Act - Requires the label on all food products to list in the order of their predominance after processing and by their common or usual name all ingredients present in the food, and to include an accurate statement of the amount (stated as a percentage) of each ingredient present in the food. Makes the provisions of this Act applicable to all food products containing any artificial flavoring, artificial coloring, or chemical preservative. (Amends 21 U.S.C. 343(g),(i),(k))
United States · United States Congress · 5 February 1973
Congressional Oversight Act - Establishes within the General Accounting Office an Office of Budget and Expenditure Oversight which shall exercise oversight over the Executive with respect to the preparation and administration of the Federal budget, the raising of revenues, the expenditures of moneys, the preparation and presentation of legislative proposals, and the implementation of legislative programs enacted by Congress. Makes the General Accounting Office an agency of the Congress. Eliminates the position of Assistant Comptroller General and replaces it with a Deputy Comptroller General. Requires the Comptroller General and the Deputy Comptroller General to be nominated by the Speaker of the House of Representatives and the President pro tempore of the Senate respectively and for each to be appointed by a concurrent resolution of both Houses of Congress. Reduces the term of office of the Comptroller General and his Deputy from fifteen years to five years. Sets forth the functions of the Office of Budget and Expenditure Oversight. Sets forth requirements for any officer or employee of the United States, including the President, regarding the impoundment of any appropriation. Requires the head of each department and establishment in the executive to submit to the Office of Budget and Expenditure Oversight a duplicate copy of all legislative and budgetary requests submitted by him to the Office of Management and Budget. Authorizes to be appropriated such sums as may be necessary to carry out the purpose of this Act.
United States · United States Congress · 31 January 1973
States that it is the purpose of this Act to: (1) help control urban sprawl; (2) prevent the spread of urban plight and deterioration; (3) encourage more economic, environmentally sound urban development; (4) assist in preserving areas and properties of historic or architectural value; and (5) help provide necessary recreational, conservation, and scenic areas. Establishes the Urban Parkland Heritage Corporation as an independent establishment in the executive branch to carry out the provisions of this Act. Provides that the Corporation shall be subject to the direction and supervision of a Board of Directors. Specifies the membership of the Board. States that all grants and loans made by the Corporation shall be approved by the Board which shall meet no less than four times annually. Authorizes the Corporation to make loans and grants to States and local public bodies to help finance the acquisition and development of open-space land in urban areas. States that the amount of any such grant shall not exceed 75 percent of the eligible project cost, as approved by the Corporation. Raises the amount of such grant to 90 percent if the State or local public body could not otherwise reasonably meet its need for open-space lands. Provides that the amount of any loan granted under this Act may not exceed 50 percent of the eligible project cost. Authorizes the Corporation to make grants for the operation and maintenance of open-space or other land in urban areas for open-space uses for the first four fiscal years of the operation of such lands. Provides that the initial grant shall not exceed 75 percent of the eligible cost and shall decrease to 30 percent of such costs over the four year period. Provides that the Corporation shall consult with appropriate agencies and officers of the Federal Government to establish and operate a program to provide technical assistance, upon request, to States and local public bodies. States that no grant or loan shall be made to any State or local public body in any fiscal year unless the State or local public body makes assurances to the Corporation that the amount available for expenditure from non-Federal sources for the acquisition and development of open-space land in that fiscal year will not be less than the amount expended for such purposes from non-Federal sources during the preceding fiscal year. Authorizes the Corporation to incur obligations on behalf of the United States in amounts aggregating $5,000,000,000 to finance grants and loans under this Act. Authorizes to be appropriated for the liquidation of the obligations incurred under this Act not to exceed $1,000,000,000 prior to July 1, 1974, not to exceed an aggregate of $2,000,000,000 prior to July 1, 1975, not to exceed an aggregate of $3,000,000,000 prior to July 1, 1976, not to exceed an aggregate of $4,000,000,000 prior to July 1, 1977, and not to exceed an aggregate of $5,000,000,000 prior to July 1, 1978.
United States · United States Congress · 31 January 1973
Provides that the fiscal year of the United States shall coincide with the calendar year, and makes provisions for the orderly transition by all Federal Government and District of Columbia agencies to the use of the new fiscal year.
United States · United States Congress · 31 January 1973
News Media Source Protection Act - States that the policy of the United States is to permit the flow of information from individuals through the media to the public with reasonable freedom from governmental intrusion, so that constitutional protection of a free flow of news is divested only when a compelling and overriding interest in the source of such information can be demonstrated. Sets forth the following procedural determinations needed prior to any consideration of compulsory disclosure of news media sources: (1) a demonstration that there is probable cause to believe a crime has been committed, and that the testimony sought is directly relevant to a central issue in that criminal allegation; and (2) a demonstration that no reasonable alternative for obtaining the testimony is available. Extends the protection of this Act to any legitimate member of the professional news media, including an individual regularly engaged in gathering, collecting, photographing, filming, writing, editing, interpreting, announcing, or broadcasting local, national, or worldwide events or other matters of public concern, or public interest, or affecting the public welfare, for publication or transmission through a news medium. Describes the sources of written, oral or pictorial information or communication to which protection under this Act is assured. Provides that no legitimate member of the professional news media shall be held in contempt, or adversely prejudiced, before any grand jury, agency, department, or commission of the United States or by either House of or any committee of Congress for refusing to disclose information or communication as to news media sources. States that where a person seeks disclosure of any news media information or communication from a person who is a legitimate member of the professional news media and who refuses to make such disclosure in a proceeding before any Federal court of the United States, such person seeking disclosure may apply to a United States district court for an order providing such disclosure. Requires such application to state in writing the name of any specific individual from whom disclosure is sought, the specific nature of the source or content of information sought, the direct relevance of such evidence, and any information demonstrating that such evidence is not reasonably available by alternative means. Allows appeals as a matter of rights, of any order entered pursuant to an application under this Act, and permits a stay of such order. Provides that an application for disclosure shall be granted when the applicant has established that the person seeking protection of a source is not a legitimate member of the professional news media, or that the information sought is not a news media information source, or information or communication affecting a news media source. Permits the granting of an application for disclosure when: (1) the applicant has established that the source to be disclosed is of substantial and direct relevance to a central issue of the action; (2) the applicant is able to demonstrate that the source is not reasonably available by alternative means; and (3) the action which is the subject of the court proceeding is murder, forcible rape, aggravated assault, kidnaping, airline hijacking, or when a breach of national security has been established. Allows a person to waive rights and protections afforded under this Act.
United States · United States Congress · 31 January 1973
Requires congressional authorization for the reinvolvement of American forces in further hostilities in Indochina. Provides that the provisions of this Act shall take effect sixty days after the agreement is signed in Paris on January 27, 1973, or upon the release of all United States prisioners of war held by the Democratic Republic of Vietnam and its allies and an accounting of United States personnel missing in action, or upon the enactment of the Act, whichever is later.
United States · United States Congress · 31 January 1973
Authorizes appropriations for construction of facilities and equipment for public mass transportation projects, including preferential bus lanes, highway traffic loading and parking facilities, construction of fixed rail facilities, and the purchase of passenger equipment, including rolling stock for fixed rail. (Amends 23 U.S.C. 142(b))
United States · United States Congress · 31 January 1973
Provides that United States person (a) having a major investment in an enterprise in South Africa, or (b) affiliated with an entity doing business in South Africa; shall be eligible to enter into any contract with any agency of the United States Government unless such United States person is doing business in South Africa in accordance with fair employment practices and is listed on the roster to be established pursuant to this joint resolution. Requires the President to appoint an Advisory Board to be composed of 10 members for the purpose of recommending policy to the Administrator as designated in Executive Order Numbered 11246 for the purpose of exercising his authority under this joint resolution. Makes it the duty of the Administrator, after notice and opportunity for hearing: (1) to review the employment practices of each United States person, having a major investment in an enterprise in South Africa or affiliated with an entity doing business in South Africa, and (2) to issue an order establishing a roster of all such United States persons doing business in South Africa in accordance with fair employment practices. Requires the Administrator to review the eligibility of each United States person, having a major investment in an enterprise in South Africa or affiliated with an entity doing business in South Africa, for inclusion on the roster established under this section. Provides that the Administrator shall conduct a review of eligibility not less than once every two years. Allows any United States person aggrieved by an order of the Administrator to seek judicial review of such order. Authorizes the President, for reasons of national security or national defense, to exempt any United States person from the provisions of this joint resolution for a period not exceeding ninety days. Provides that any such exemption may be renewed by the President for a period not exceeding an additional ninety days, and that thereafter no additional exemption may be granted to the same United States person for a period of two years. Requires the Administrator to furnish any United States person with a copy of the charge and to make a preliminary investigation of the charge whenever it is charged in writing under oath by any person, real or corporate, in a statement setting forth the facts upon which it is based, or a written charge has been filed by a member of the Advisory Board where he has reasonable cause to believe, that a United States person having a major investment in South Africa or affiliated with an entity doing business in South Africa, who is entering or has entered into a contract with any agency of the United States Government, is not doing business in South Africa in accordance with fair employment practices. Provides that, if the Administrator determines that the charge is nonfrivolus, he shall set the matter for hearing as speedily as possible, and make a finding and issue an appropriate order in accordance with the provision of this joint resolution. Requires the Administrator to submit to the President and to the Congress an annual report, including a report of the Advisory Board, on the operations and activities under this joint resolution.
United States · United States Congress · 30 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 · 30 January 1973
Requires the advice and consent of the Senate for appointments to Director of the Office of Management and Budget under the Budget and Accounting Act of 1921. (Amends 31 U.S.C. 16)
United States · United States Congress · 29 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 · 26 January 1973
Provides that each Government agency that maintains records, including computer records, concerning any person which may be retrieved by reference to, or are indexed under, a person's name, or some other similar identifying number or symbol, and which contains any information obtained from any source other than such person shall, with respect to such records: (1) notify such person by mail at his last known address that the agency maintains or has augmented a record concerning said person; (2) refrain from disclosing the record or any information contained therein to any other agency or to any person not employed by the agency maintaining such record; (3) refrain from disclosing the record or any information contained therein to individuals within that agency other than those individuals who need to examine such record or information for the execution of their jobs; (4) maintain an accurate record of the names and addresses of all persons to whom any information contained in such records is divulged and the purposes for which such divulgence was made; (5) permit any person to inspect his own record and have copies thereof made at his expense, which in no event shall be greater than the cost to the agency of making such copies; (6) permit any person to supplement the information contained in his record by the addition of any document or writing of reasonable length containing information such person deems pertinent to his record; and (7) remove erroneous information of any kind, and notify all agencies and persons to whom the erroneous material has been previously transferred of its removal. Provides that this Act shall not apply to records that are: (1) specifically required by Executive order to be kept secret in the interest of the national security; (2) investigatory files compiled for law enforcement purposes; and (3) interagency or intraagency memoranda or letters which would not be available by law to a party other than an agency possessing such memoranda or letters in litigation with such agency. Provides that any employee of the United States who under the color of agency authority knowingly and willfully violates a provision of this Act, or permits such a violation, shall be fined $1,000. Establishes a Federal Privacy Board to aid in the administration of this Act.
United States · United States Congress · 26 January 1973
Provides, under the Rural Electrification Act, that the Administrator of the Rural Electrification Administration is directed (presently "empowered") to fully obligate funds made available for each fiscal year for rural electrification programs provided for in such Act. (Amends 7 U.S.C. 901, 902, 904, 922)
United States · United States Congress · 24 January 1973
Directs the Secretary of the Treasury to make payments, out of any money in the Treasury not otherwise appropriated, to any citizen of the United States or any individual who has been admitted to the United States for permanent residence who establishes to the satisfaction of the Director of the Office of Emergency Preparedness that he suffered a physical injury that is directly attributable to the explosions of either of the two atomic bombs dropped by the United States on Hiroshima and Nagasaki, Japan, in August 1945 or to the radioactive fallout from such explosions.
United States · United States Congress · 24 January 1973
Employee Benefit Security Act - Declares it to be the policy of this Act to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of fiduciary conduct, responsibility, and obligation upon all persons who exercise any powers of control, management, or disposition with respect to employee benefit funds or have authority or responsibility to do so, or have authority or responsibility in the administration of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts. Title I: Fiduciary Responsibility and Disclosure - Provides that this title shall apply to any employee benefit plan if it is established or maintained by any employer engaged in commerce or in any industry or activity affecting commerce, or by any industry or activity affecting commerce. participate, or both. Provides that the administrator of an employee benefit plan shall cause to be published in accordance with this Act to each participant or beneficiary covered thereunder a description of the plan and an annual financial report. States that such description shall be published within ninety days after such plan is established and shall be written in a manner calculated to be understood by the average plan participant. Provides that an annual report shall be published with respect to any employee benefit plan to which this title applies. Sets forth the information that shall be contained in such report. Provides that the administrator of any employee benefit plan subject to this Act shall file with the Secretary of Labor a copy of the plan description and each annual report. States that the Secretary may reject any such filing after notice, hearing, and determination by the Secretary that such filing is incomplete for the purpose of this title. Sets forth criminal penalties for intentional violations of this title. Provides that civil actions may be brought under this title by a participant or beneficiary: (1) for personal liability to such participant or beneficiary for failure to provide information required under this Act; or (2) to recover benefits due him under the terms of his plan or to clarify his rights to future benefits. Authorizes such actions by: (1) the Secretary, or by a participant, beneficiary or fiduciary, for appropriate relief under the fiduciary responsibility provisions of this Act; or (2) by the Secretary to enjoin any act or practice which appears to him to violate any provision of this title. Provides that the contents of the descriptions and regular annual reports filed with the Secretary pursuant to this title shall be public information. Provides for the bonding of persons who have fiduciary responsibilities under this title and of persons who handle funds or other property of an employee benefit plan. Sets forth the fiduciary responsibilities of the administrators of plans covered by this Act. 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. Title II: Vesting - Provides that this title shall apply to any employee pension benefit plan if it is established or maintained by an employer engaged in commerce or in any industry or activity affecting commerce or by such employer together with any employee organization representing employees engaged in commerce or in any industry or activity affecting commerce; or if such plan is established or maintained by any employer or by any employer together with any employee organization and if, in the course of its activities, such plan, directly or indirectly, uses any means or instruments of transportation or communication in interstate commerce or the mails. Excludes from the coverage of this title any employee pension benefit plan if: it is administered by the Federal Government or by an agency or instrumentality of the Federal Government; it is established and maintained outside the United States primarily for the benefit of persons who are not citizens of the United States; or it provides contributions or benefits for a sole proprietor or, in the case of a partnership, a partner who owns more than 10 percent of either the capital interest or the profits interest in such partnership. Specifies that no pension plan subject to this title may provide as a condition of eligibility a period of service longer than 2 years or age higher than 30 years. Establishes certain nonforfeitable rights on the part of employees to receive benefits. Stipulates that in computing the period of service under a plan, the employee's entire service with the contributing employer must be considered, except in specified instances. Allows the Secretary to require a certificate of approval with respect to the vesting provisions of any pension plan. Title III: Funding - Provides that this title applies to the same employee benefit pension plans as does title II and excludes from coverage, in addition to those plans excluded under title II, any plan which has a fixed contribution rate and does not provide an amount expected to be paid as a fixed benefit and any plan which is a profit-sharing plan providing benefits at or after retirement. Requires pension plans subject to this title to provide for contributions to the plan in amounts necessary to meet an amount equal to the normal cost since inception of the plan plus interest on any unfunded past service costs and to maintain a minimum ratio of assets to vested liabilities according to a certain schedule. Requires the administrator of a plan to, at certain intervals, file with the Secretary a statement containing the following information: (1) the amount of normal cost since inception of the plan plus interest on any unfunded past service costs; (2) the total amount of the plan's vested liabilities at the close of its preceding fiscal year; (3) the assets held by the plan as of the close of its preceding fiscal year valued at market value or by any other method approved by the Secretary pursuant to regulation; (4) the number of years the plan has been in effect; (5) a statement of the amount, if any, by which the assets held by the plan either exceed or fall below the amount of assets required in order for the plan to meet the required funding ratio; and (6) such other information determined by the Secretary by regulation to be necessary for adequate disclosure of a plan's funding status. Provides that when the contributions to a pension plan fall below amounts necessary to meet the normal cost of the plan plus interest on past costs, the Secretary shall require by order, after notice and opportunity for hearing, that the administrator take necessary steps to guarantee that the rights of each participant to benefits or to the amounts credited to his account are nonforfeitable in the event of the participant's termination. Provides that when a plan's ratio of assets to vested liabilities falls below the funding ratio required, the plan's vested liabilities shall not be increased by an amendment until the plan's required ratio is attained. Specifies that when a plan's ratio of assets to vested liabilities falls below the required ratio for 5 consecutive years, the Secretary shall require that the administrator take steps to suspend further accumulation of vested liabilities.
United States · United States Congress · 24 January 1973
National Act for School Construction - Requires the Commissioner of Education to develop and carry out a program under which he will make grants to local educational agencies to share in the construction costs of projects to replace deficient elementary and secondary schools. States that a school shall be deemed to be deficient if: (1) it is so situated that it is in particular danger from the effects of natural disasters, such as earthquakes and floods; (2) it is so constructed or is in such condition that students and teachers are in physical danger from fire or other threat; or (3) by reason of obsolescence, deterioration, or design is no longer suitable for providing high quality elementary or secondary education. Provides that a grant under this Act shall not exceed one-third of the cost of the project with the remainder of the cost borne equally by the State and the local educational agency. Authorizes to be appropriated such sums as may be necessary for fiscal year 1973 and each succeeding fiscal year.
United States · United States Congress · 24 January 1973
Congressional Spending Power Act - Prohibits the President from impounding any funds appropriated by law unless he transmits to both the House of Representatives and the Senate a special message specifying: the amount of funds to be impounded; the specific projects affected thereby; and the reason for the impounding of such funds. Requires the Congress to approve or consider the specific impounding of funds within sixty calendar days of continuous session after the special message is received by the Congress or the impounding of funds shall be deemed to have been refused. Specifies procedures for the consideration by the Congress of the President's special message.
United States · United States Congress · 23 January 1973
Provides, under title XVIII (Medicare) and title II (Old-Age, Survivors' and Disability Insurance) of the Social Security Act, that qualified drugs requiring a physicians prescription or certification shall be included among the items and services covered under the hospital insurance program for the aged at a specified amount of payment. Establishes, within the Department of Health, Education, and Welfare, a Formulary Committee to compile and publish a Formulary listing the drugs deemed qualified for benefits under this Act, together with maximum allowable costs and additional information concerning such drugs. Makes provisions for selecting drugs for the Formulary.
United States · United States Congress · 23 January 1973
Travel Agents Registration Act - Declares the finding of Congress that it is in the public interest to strengthen the travel agency industry and to maintain public confidence in travel agents by regulating travel agents. Provides that on and after January 1, 1973, no person shall, directly or indirectly, engage in the business of conducting a travel agency without having first received a registration certificate as provided by this Act. Establishes in the Department of Transportation a Bureau of Travel Agents Registration, headed by a Director appointed by the Secretary of Transportation. Establishes a Travel Agents Registration Board to advise the Director and to pass on applications for registration certificates. Provides that the Director shall promulgate such rules and regulations, including, but not limited to, those necessary to require sound financial practices by registered travel agents and those considered necessary to carry out the purposes of this title. Provides that the Secretary shall establish such rules and regulations as may be necessary to carry out this Act, and shall promulgate a binding code of ethics for the travel agency industry. Requires the granting of a certificate by the Director if the applicant was conducting a travel agency on September 3, 1968, has been doing so for two or more years, and has been approved for appointment as an agent for two or more years by two or more conferences of air or steamship carriers, unless the Director makes a specific determination that the applicant lacks good character or financial integrity. Provides that when an application for a registration certificate shall have been examined by the Director and the Director, with the advice of the Board, has determined that the applicant has complied with the rules and regulations promulgated by the Director and the Director, with the advice of the Board, shall have determined that the applicant, if issued a certificate of authorization, would provide a useful public service, the Director shall issue and deliver a registration certificate to the applicant. Provides that a registration certificate shall not be issued to any person who has been convicted in any State, the District of Columbia, the Commonwealth of Puerto Rico, or a possession of the United States, of a felony or a crime concerning activities prohibited by this Act. Provides that registration certificates issued pursuant to this title shall not be assignable or transferable, and shall expire every second year. Provides for a fine of up to $1,000 upon a finding that the holder of a registration certificate has engaged in any of the following practices: (1) fraud or bribery in securing a registration certificate issued pursuant to this title; (2) the making of any false statement as to a material matter in any application or other statement required by or pursuant to this title; (3) violation of any provision of this title or any code, rule, or regulation adopted hereunder; (4) any fraud or fraudulent practice in the operation and conduct of a travel agency business including, but not limited to, intentionally misleading advertising; (5) activities prohibited by this title leading to conviction of a misdemeanor; and (6) activities leading to conviction of a felony. Provides for the revocation of the certificates of a registered agency for violations of this title after an opportunity for a hearing and review by the United States court of appeals Provides penalties of up to $500 or imprisonment of not more than 6 months, or both, for any knowing and willful violations of this title.
United States · United States Congress · 23 January 1973
Safe Schools Act - Authorizes appropriations for local educational agencies throughout the nation for providing security for children, employees, and facilities. Provides that not in excess of 3 percent of such funds be set aside for schools in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands and to the Secretary of the Interior for shcools operated for Indian children. Provides that the remainder of such appropriations be allotted to other local educational agencies. Provides that any local educational agency may apply for such grant under this Act with the consent of the appropriate State educational agency. Provides that such grant shall be employed toward the provision of professional or other staff members; the provision of services to meet the special needs of students and employees; community activities; provision of information to parents and other members of the general public; planning and evaluation activities; acquisition, installation, modernization, or replacement of appropriate equipment and supplies; and minor alterations of school plants and facilities. Provides that no funds authorized under this Act shall be used to support the introduction, presence, or use of firearms, other weapons, or chemical agents in any school.
United States · United States Congress · 23 January 1973
Environmental Protection and Enhancement Act - States that it is the purpose of this Act to provide for participation by the Federal Government with State and local governments, private individuals, and other interested persons in a comprehensive program to prevent further damage to the lands, waters, and natural resources of the Nation from unregulated or inadequately regulated surface and underground coal mining operations, to stabilize lands damaged by surface coal mining, to promote an effective continuing conservation land-use and management program for the coal mining industry, and to assist any worker adversely affected by this Act. Provides that this Act shall be administered by the Administrator of the Environmental Protection Agency. Provides that each coal mining operation, the products of which enter interstate commerce, or the operations or products of which indirectly or directly affect interstate commerce, and each operator of such mining operation, shall be subject to this Act. Title I: Environmental Protection Coal Mining Limitation - Provides that no surface coal mining shall hereafter be conducted in any area of the national wildlife refuge system, the national park system, or the national forest system. States that no underground coal mining shall be permitted in any designated wilderness area or in any area under study as a wilderness area. Provides that no operator shall begin or renew any surface coal mining operation in any State on or after the effective date of this Act. States that no operator shall conduct contour surface coal mining operations in any State on and after the effective date of this Act. Provides that any operator who, on the effective date of this Act, is actively carrying out surface coal mining operations, other than contour surface coal mining, may continue to do so as provided in this Act if such operator obtains a permit under this title within six months after such date, and if the Administrator determines that such mining is not in violation of, or will not result in any violation of, any provision of the Clean Air Act, and does not cause, or will not result in, irrevocable or lasting injury to the public health or welfare, or damaging, flooding, or destruction of agricultural land, or dislocation or disturbance of surface or subsurface streams, or destruction of, or damange to, historic values, or destruction or damage to valuable recreational or wildlife areas, or destruction or damage of contiguous areas. States that, within two months after the effective date of this Act, no operator shall engage in surface or underground coal mining operations if he has not applied for a permit under the provisions of this Act. Sets forth the requirements for obtaining such permits. Provides that no permit application shall be approved unless the Administrator finds that the applicable requirements of this title and the rules and regulations adopted thereunder will be observed, and that, in the case of a surface coal mining application, there is probable cause to believe that the stabilization of the area of affected land can be achieved. Provides that a stabilization plan shall accompany every application for a permit for surface coal mining and be made available to the public and be approved in the same manner as a permit. Provides that after a permit application has been approved for surface coal mining but before such a permit is issued, the applicant shall file with the Administrator a bond for performance payable to the United States and conditioned on the operator faithfully performing all the requirements of this Act. Creates in the Department of the Treasury a revolving fund to be known as the Coal Mine Lands Stabilization Fund. Authorizes to be appropriated to the fund initially the sum of $100,000,000, and such other sums as may thereafter be appropriated by the Congress. Provides that moneys in the fund may be expended by the Chief of the Corps of Engineers to acquire by purchase, donation, exchange, or otherwise land which has been affected by surface coal mining operations, has not been fully stabilized prior to the effective date of this Act, and has been abandoned or is declared inactive as determined by him. Authorizes the Chief of the Corps of Engineers to stabilize directly or by contract the lands so acquired. Provides for renewal of licenses issued under this Act. Requires every surface coal mining operator to stabilize the land affected by his mining. Sets forth the required standards for such stabilization. Restricts dumping and the use of explosives on operations authorized under this Act. Requires each mining operator to report to the Administrator on the amount of coal produced, the number of employees, the days worked, the number and location of acres of land mined, number and location of acres of the land stabilized, and a description of the progress made toward the completion of the reclamation plan. Sets forth conditions for the release of bonds filed under this Act. Provides for the periodic inspection of operations authorized under this Act. Allows any person to commence a civil action on his own behalf: (1) against any person, including the United States, and any other governmental instrumentality or agency, who is alleged to be in violation of this title; or (2) against the Administrator and the Chief of the Corps of Engineers where there is alleged a failure of the Administrator or the Chief to perform any act or duty under this title which is not discretionary with the Administrator or the Chief. Provides that no Federal agency may enter into any contract for the procurement of goods, materials, and services with any operator who is convicted of any offense under this title to perform such contract at any coal mining operation at which the violation which gave rise to such conviction occurred. States that no person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any employee of a surface mine or any authorized representative thereof by reason of the fact that such employee or representative has: (1) notified the Administrator or his authorized representative of any alleged violation or danger, (2) has filed instituted, or caused to be filed, or (2) instituted, any proceeding under this Act, or (3) testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. Authorizes the Attorney General to apply to the appropriate United States district court for injunctions restraining or enforcing compliance with the provisions of this title. Authorizes actions for damages (including attorney fees) by persons injured by violations of this title. Provides for a civil penalty of not to exceed $10,000 for each violation of this title. Prohibits States from enacting mining standards that are less stringent than those established by this Act. Authorizes necessary appropriations to carry out this title. Title II: Assistance to Workers - Provides that payment of a readjustment allowance shall be made to a worker adversely affected by this Act who applies for such allowance for any week of unemployment which begins after the thirtieth day after the date of the enactment of this Act. Provides that such allowance shall be an amount equal to 90 percent of his average weekly wage or to 90 percent of the average weekly manufacturing wage, whichever is greater. Provides for a diminishing of such allowance to the extent that it is supplied through other provisions of law. States that adversely affected workers shall be afforded, where appropriate, the testing, counseling, training, and placement services provided for under any Federal law. Provides for a relocation allowance for any adversely affected worker who is the head of a family and who has been totally separated. Authorizes to be appropriated such sums as may be necessary to carry out this title.
United States · United States Congress · 23 January 1973
Increases payments in specified amounts to veterans under non-service-connected disability pension plans. Increases pension payments to widows of veterans who at the time of death were receiving compensation or retirement pay for a service-connected disability. (Amends 38 U.S.C. 521(b),(c); 541(b),(c))
United States · United States Congress · 22 January 1973
Removes the percentage limitations on the amount of urban mass transportation grant assistance which may be available in any one State under the Urban Mass Transportation Act of 1964. (Repeals 49 U.S.C. 1611)
United States · United States Congress · 22 January 1973
Authorizes the Commissioner of Education to make grants to State education agencies to enable them to develop and carry out program to provide, through the use of students to institutions of higher education, tutoring and instructional assistance, under the supervision of a qualified teacher, for homebound handicapped children who, though able to benefit from preschool, elementary, or secondary education, are prevented by their handicaps from attending school. Requires local educational institutions that apply for funds under this program to give special consideration to veterans qualified for vocational financial need. Requires that the compensation for participating college students shall be between the Federal minimum wage set by the Commissioner and the maximum wage set by the Commissioner. Requires that the aim of such program shall be to integrate the handicapped into society, and to avoid the development of a segregated, permanent system of educcation for the handicapped. Provides that the Commissioner shall make grants under this Act to State educational agencies on the merits of their proporsal to him which shall be submitted on such application forms and under such guidelines as he shall prescribe. Authorizes $55,000,000 for fiscal year 1974, and necessary funds for fiscal years 1975 and 1976, to carry out the purposes of this Act. Requires the Commissioner to allocate the first 25 percent of such funds to each State in proporation to the ratio that the number of children aged three to twenty-one in the State bears to the number of such children in all the States. Authorizes the Commissioner of Education to make grants to State education agencies to enable them to develop and carry out programs to provide, through the use of students in institutions of higher education, tutoring and instructional assistance, under the supervision of a qualified teacher, for homebound handicapped children who, though able to benefit from preschool, elementary, or secondary education, are prevented by their handicaps from attending school. Requires local educational institutions that apply for funds under this program to give special consideration to veterans qualified for vocational rehabilitation, and to students with greater financial need. Requires that the compensation for participating college students shall be between the Federal minimum wage set by the Commissioner and the maximum wage set by the Commissioner. Requires that the aim of such program shall be to integrate the handicapped into society, and to avoid the development of a segregated, permanent system of education for the handicapped. Provides that the Commissioner shall make grants under this Act to State educational agencies on the merits of their proposals to him which shall be submitted on such application forms and under such guidelines as he shall prescribe. Authorizes $55,000,000 for fiscal year 1974, and necessary funds for fiscal years 1975, and 1976, to carry out the purposes of this Act. Requires the Commissioner to allocate the first 25 percent of such funds to each State in proportion to the ratio that the number of children aged three to twenty-one in the State bears to the number of such children in all the States.
United States · United States Congress · 18 January 1973
Consumer Protection Agency Act - Title I: Office of Consumer Affairs - Creates an Office of Consumer Affairs within the Executive Office of the President. Provides that the office shall be headed by a Director and a Deputy Director, both of whom shall be appointed by the President by and with the advice and consent of the Senate. Gives the Director powers to carry out the provisions of this Act. Requires the Director to transmit to Congress and the President in January of each year a report of the activities of the Office during the preceding year including a summary of consumer complaints and recommendations for additional legislation deemed necessary to protect the interests of U.S. consumers. Provides that it shall be the function of the Office to: (1) coordinate the programs and activities of all Federal agencies relating to the interests of consumers in order to achieve effectiveness, avoid duplications and inconsistencies, and to promote the purposes of this title; (2) encourage and assist in the development and implementation of consumer programs and activities in the Federal Government; (3) assure that the interests of consumers are taken into consideration by appropriate Federal agencies both in the formulation of policies with respect to consumers and in the operation of programs that may affect consumer interests; (4) cooperate with and, when requested, provide assistance to the Administrator of the Consumer Protection Agency in carrying out its functions under title II of this Act; (5) advise and make recommendations to all Federal agencies with respect to general policy matters concerning the effectiveness of programs and activities relating to the interests of consumers; (6) submit recommendations to the Congress and the President on the means by which programs and activities relating to the interests of consumers can be improved; (7) conduct conferences and surveys concerning the needs, interests, and problems of consumers which are not duplicative in significant degree to similar activities conducted by other Federal agencies; (8) encourage, initiate, coordinate, and participate in consumer education and counseling programs (including credit counseling); (9) cooperate with and give technical assistance to State and local governments in the promotion and protection of consumer interests; (10) cooperate with and assist private enterprise in the promotion and protection of consumer interests; (11) publish and distribute in a Consumer Register material which will include notice of Federal hearings, proposed and final rules and orders, and other useful information, translated from its technical form into language which is understandable by the public; and (12) keep the appropriate committees of the Congress fully and currently informed of all its activities. Title II: Consumer Protection Agency - Establishes as an independent agency within the executive branch of the Government the Consumer Protection Agency, headed by an Administrator and a Deputy Administrator, both of whom shall be appointed by the President by and with the advice and consent of the Senate. Gives the Agency powers to carry out the objective of this Act. States that the functions of the Agency shall be to: (1) represent the interests of consumers before Federal agencies and courts to the extent authorized by this title; (2) encourage and support research, studies, and testing leading to a better understanding of consumer products and improved products, services, and consumer information; (3) submit recommendations annually to the Congress and the President on measures to improve the operation of the Federal Government in the protection and promotion of the consumer interest; (4) publish and distribute material developed pursuant to carrying out its responsibilities under this Act which will inform consumers of matters of interest to them; (5) conduct conferences, surveys, and investigations, including economic surveys, concerning the needs, interests, and problems of consumers which are not duplicative in significant degree to similar activities conducted by other Federal agencies; (6) keep the appropriate committees of Congress fully and currently informed of all its activities; and (7) cooperate with and, when requested, provide assistance to the Director of the Office in the carrying out of his functions.
United States · United States Congress · 18 January 1973
Urgent Supplemental Appropriations Act - Authorizes an urgent supplemental appropriation for the fiscal year 1973 of $1,800,000 for an additional amount for operating expenses for the national industrial reserve established by the National Industrial Reserve Act of 1948.
United States · United States Congress · 18 January 1973
Provides that a person connected with or employed by the news media or press, or who is independently engaged in gathering information for publication or broadcast, shall not be required to disclose before the Congress or any Federal court, grand jury, or administrative entity any information, written or oral, or pictorial material or the source of that information or material procured for publication or broadcast. Provides that the above provisions shall not apply with respect to the source of any allegedly defamatory information in any case where the defendant in a civil action for defamation asserts a defense based on the source of such information.
United States · United States Congress · 15 January 1973
Provides that in the determination of the annual income of recipients of vetetans' pensions and dependency and indemnity compensation the Administrator of Veterans' Affairs shall not reduce the amount of such pension or compensation because of increases in monthly social security benefits under Public law 92-336. (Adds 38 U.S.C. 415(g)(4) 503(d))
United States · United States Congress · 15 January 1973
Establishes in the Executive Office of the President the Commission on the Capability of the National Guard to Control Civil Distrubances: (1) to establish minimum training, doctrine, and equipment standards for the National Guard with respect to its use in civil disturbances; (2) to perform annual inspection of all National Guard units to determine whether or not such standards are being implemented and adhered to at the unit level and on a statewide basis; (3) to take such action as is authorized under this Act in order to insure that such standards are met; (4) to perform comprehensive reviews and critiques of the operations of any National Guard unit when used in civil disturbance control duty; (5) to contract for studies and for research and development for the purpose of devising effective nonlethal weapons and devices suitable for civil disturbance control use; (6) to act as principal coordinator between State National Guards and State and local law enforcement agencies with respect to the formulation of contingency plans and preparations for the control of civil disturbances and the exchange of relevant information and technology; and (7) to report at least annually to Congress with respect to the administration of this Act and the readiness and capability (including the availability and sufficiency of recommended protective clothing and devices, communications equipment, and nonlethal weapons) of the National Guard of each State to perform civil disturbance functions in accordance with the prescribed standards. Provides that, if the Commission finds that any unit of a State National Guard has refused to implement any of the standards prescribed by the Commission under this Act does not routinely meet or enforce any such standards, or, when deployed in civil disturbance, violates any such standards, the Commission shall bar the National Guard unit concerned from receiving money or any other aid, benefit, or privilege authorized by law until such time as the Commission determines that the unit has taken such actions as the Commission deems appropriate and necessary to insure that such unit will thereafter comply with this Act.
United States · United States Congress · 11 January 1973
Runaway Youth Act - States that it is the responsibility of the Federal Government to develop accurate reporting of the number of juveniles who leave and remain away from home without parental permission nationally and to develop an effective system of temporary care outside the law enforcement structure. Authorizes grants and technical assistance to localities and nonprofit private agencies for the purpose of developing local facilities to deal primarily with the immediate needs of runaways. Bases the size of such grants upon the number of runaway children in a community and the existing availability of services. Authorizes the appropriation of up to $10,000,000 for each of the fiscal years 1974, 1975 and 1976 for the operation and construction of facilities for care of runaway juveniles. Limits the Federal share for the construction of new facilities to 50 percent. Limits the Federal share for the acquisition and renovation of existing structures, the provision of counseling services, staff training and general operations cost to 90 percent for any fiscal year. Authorizes the appropriation of up to $500,000 to carry out a comprehensive statistical survey defining the major characteristics of the runaway youth population and determining the areas of the country most affected. Requires a report by the Secretary of Health, Education, and Welfare on such survey to the Congress not later than June 30, 1974.
United States · United States Congress · 11 January 1973
Provides that all meetings of any Government agency at which any official action is considered or discussed shall be open to the public. Provides that the above provision shall not apply to that portion of any meeting in which the action or proposed action to be taken, considered, or discussed by an agency: (1) relates to a matter affecting the national security; (2) relates solely to the internal management of such agency; (3) might tend to reflect adversely on the character or reputation of any individual who is subject to any proposed or potential sanction by such agency; or (4) might divulge matters required to be kept confidential under specific statutory provisions. Requires each agency subject to the requirements of this Act to establish, through publication in the Federal Register, procedures for providing public notice of meetings required by this Act to be open to the public. Revises the Legislative Reorganization Act to bring the procedures of the Congress into substantial conformity with the above standards. (Amends 2 U.S.C. 190a). Provides that the district courts of the United States shall have original jurisdiction of actions to render declaratory judgments or to enforce, by injunction or otherwise, the provisions of this Act.
United States · United States Congress · 11 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 · 6 January 1973
Public Service Employment Act - Directs the Secretary of Labor to enter into arrangements with eligible applicants in order to make financial assistance available for the purposes of providing, during each of the fiscal years 1974 and 1975, employment for five hundred thousand unemployed and underemployed persons in jobs providing needed public services. Requires at least eighty-five percent of the funds appropriated pursuant to this Act to be expended only for wages and employment benefits. Provides that programs assisted under this Act shall be designed with a view toward: (1) developing new careers; (2) providing opportunities for career advancement; (3) providing opportunities for continued training, including on the job training; or (4) providing transitional public service employment which will enable the individuals so employed to move into public or private employment. Requires applications for financial assistance for a public service employment program under this Act to include provisions enumerated in this Act. Directs that the amounts authorized to be appropriated for any fiscal year be allocated by the Secretary among the States on the basis of the proportion which the total number of unemployed persons in each such State bears to the total number of such persons in the United States, determined on the basis of the monthly average for the fourth calendar quarter of the fiscal year immediately preceding the one for which the apportionment is made. States that the Secretary shall not provide financial assistance for any program or activity under this Act unless he determines that specified goals and requirements will be met by such program or activity. Requires the Secretary to transmit to the Congress at least annually a detailed report setting forth the activities conducted under this Act. Authorizes to be appropriated during each of fiscal years 1974 and 1975 such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 6 January 1973
Constitutional Amendment - Provides that the people of the several States and the District of Columbia shall elect the President and Vice President. Provides that the pair of persons having the greatest number of votes for such offices shall be elected, if such number be at least 40 percent of the whole vote cast. Provides for a runoff election in any other case.
United States · United States Congress · 3 January 1973
Tax Equity Act - Title I: Capital Gains and Losses - Disallows the alternative tax on capital gains. Excludes from gross income so much of the gain on the sale or exchange of property held for more than twelve months as does not exceed the smaller of: (1) an amount equal to one-third of one percent of the adjusted basis of such property times the number of full months the property was held after the date it was held for twelve months; or (2) an amount equal to sixty percent of such adjusted basis of the property. States that capital losses with respect to a corporation shall be allowed only to the extent of gains for the taxable year from the sale or exchange of capital assets and property used in the trade or business. Provides that capital losses in the case of other taxpayers shall be allowed only to the extent of gains from the sale or exchange of capital assets and property used in a trade or business plus the taxable income of the taxpayer or $1000 ($500 in the case of a separate return of a married individual), whichever is smaller. Establishes criteria for determining capital loss carrybacks and carryovers. Defines the terms "capital gain", "capital loss", "net capital gain", and "net capital loss". Provides that if carryover basis property is acquired from a decedent dying after June 30, 1973, then the basis of such property in the hands of the person so acquiring it shall be the adjusted basis of the property immediately before the death of the decedent. Creates methods for adjusting such basis. Requires every executor to furnish information to the Secretary of the Treasury or his delegate regarding: (1) the name and last address of the decedent; (2) the name and address of each person acquiring property from the decedent; and (3) the adjusted basis of each such item in the hands of the decedent immediately before his death. States that amounts received by a seller as transferor of a patent shall be treated as royalties from such patent and not as gain from the sale or exchange of property. Title II: Income Derived from Extraction of Minerals - Terminates the depletion allowance for minerals effective after the taxable year ending December 31, 1973. Allows a taxpayer a deduction for income expenditures paid or incurred during the taxable year for the exploration or development of any mineral property. Removes the imposition of a maximum tax relating to the sale of oil or gas properties. Establishes criteria for determining income from mineral properties located outside the United States. Title III: Reform Measures Affecting Primarily Individuals - Imposes a fifty percent maximum tax rate on the income of individuals whose income exceeds $44,000. Allows a twenty-four percent tax credit for personal exemptions and nonbusiness deduction. Permits the President to adjust this percentage if he deems it to be in the public interest. Provides that income received during the taxable year by a child from a trust or dividends, interest, and royalties shall be included in the gross income of the parent and not the child of the parent who claims the child as an exemption. Eliminates the $100 dividend exclusion. Reduces from $25,000 to $5,000 the limitation on the deduction of interest on investment indebtedness. Disallows deductions in specified instances for expenses incurred while attending conventions outside the United States. Limits deductions for an individual engaged in farming. Provides that, in computing dividends, a distribution by a common parent corporation of a controlled group of corporations, the earnings and profits of the common parent corporation for the taxable year shall not be less than its share of the earnings and profits of the controlled group computed on a consolidated basis. Repeals the provision granting an exemption for earned income from foreign sources. Title IV: Reform Measures Affecting Primarily Corporations - Provides that the reasonable allowance for depreciation shall be computed on the basis of the expected useful life of property in the hands of the taxpayers. States that the depreciation deduction is not to exceed book depreciation and is to be limited to the amount recorded on books. Establishes criteria for computing limitations on dividends received deductions. Denies tax-free exchanges in the case of investment companies. Requires shareholders of any corporation to hold at least twenty percent of the total combined voting power of all classes of stock entitled to vote of the surviving, controlling, or acquiring corporation in order for the transaction to qualify as a reorganization. Provides that if a foreign corporation is a controlled foreign corporation for an uninterrupted period of thirty days or more during any taxable year, every person who is s United States shareholder of such corporation who owns stock in such corporation on the last day in such year on which such corporation is a controlled foreign corporation shall include in his gross income, for his taxable year in which or with which such taxable year of the corporation ends, his pro rata share of the corporation's earnings and profits for such year. Title V: Reforms Affecting Individuals and Corporations - Imposes, generally, in addition to other taxes, with respect to the income of every person, a tax of 10 percent of the amount (if any) by which the sum of the items of tax preference exceeds $12,000. Disallows, in the case of depreciable realty, the deduction for depreciation to the extent it would reduce the adjusted basis of the property at the end of the year below an amount equal to any mortgage indebtedness at the end of the year on the property minus the adjusted basis of the land allocable to such property. Makes provision for the treatment of charitable gifts of appreciated property and capital expenditures incurred in planting and developing fruit and nut groves. Repeals the tax exemption for ships under foreign flag. Title VI: Estate Tax Amendments - Imposes a tax on the transfer of the taxable estate of every decedent who was a citizen or resident of the United States at the time of his death. Provides that in the case of an estate of a decedent who made taxable gifts before death, a tax shall be imposed in an amount equal to the excess of: (1) a tax computed in accordance with the rate schedule set forth on the amount of the taxable estate increased by the amount of the adjusted inter vivos gifts; (2) a tax computed in accordance with such rate schedule on the amount of such adjusted inter vivos gifts as if the taxable estate were equal to such amount. Includes life insurance policies in the gross estate of a decedent. Title VII: State and Local Obligations - Repeals the exemption for interest on issues of State and local banks occurring after December 31, 1973. Provides that the United States shall pay fifty percent of the interest yield on each issue of State and local banks occurring after December 31, 1973.
United States · United States Congress · 3 January 1973
Tax Reform Act - Title I: Capital Gains of Individuals and Corporations - Eliminates the twenty-five percent capital gain rate on the first $50,000 of an individual's capital gains. Increases to thirty-five percent (thirty percent in the case of a taxable year beginning after December 31, 1970, and before July 1, 1973) the alternative rate of taxation on capital gains for corporations. Title II: Gain on Certain Property Transferred at Death or by Gift - Provides that in the case of the death of a taxpayer there shall be included in computing taxable income for the taxable period in which falls the date of his death, the gains and losses which would be taken into account if the taxpayer has sold all property, which is considered to have been acquired from or to have passed from the decedent taxpayer, at a selling price equal to its fair market value at death. Makes exceptions to this provision for household or personal items whose total value is less than $2000, and for property which passes or was passed to a surviving spouse. Sets forth rules applicable in determining the the basis for computing gain or loss. Makes provisions and rules for including gains and losses on lifetime property gifts in computing taxable income for the taxable period in which the transfer was made. Requires the filing of a final income tax return for a decendent by April 15 of the year following the taxable year, or 9 months after the date of death, whichever is later. Makes provisions for extension of time for the paying of tax. Title III: Depreciation Revision - Eliminates the provision permitting a variance from any class life for depreciation allowance purposes of up to 20 percent of such life. Title IV: State and Local Bonds - Allows a State or local government to elect to issue obligations without excluding their interest from gross income. Authorizes necessary appropriations to pay a fixed percentage of interest yield on taxable issues, and sets forth procedures for such payment. Title V: Foreign Corporations - Provides that if a foreign corporation is a controlled foreign corporation for an uninterrupted period of 30 days or more during any taxable year, every United States shareholder of such corporation who owns stock in such corporation on the last day in such year or which such corporation is a controlled foreign corporation, shall include in its gross income for its taxable year its pro rata share of the corporation's anyyyyyyy and profits for such year. Excludes from such shareholder's gross income any previously taxed earnings or profits from a foreign corporation. Provides that such shareholders in foreign corporations may be required to maintain records and accounts for purposes of this Act. Makes conforming amendments for this section. Title VI: Income Derived From Extraction of Oil and Gas - Reduces to fifteen percent the depletion rate for oil and gas wells (presently twenty-two percent). Eliminates the granting of an option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells. Title VII: Farm Losses - Provides that, in the case of a taxpayer engaged in the business of farming, the deductions attributable to such business which would be allowable for the taxable year shall not exceed the sum of: (1) the adjusted farm gross income for the taxable year, and (2) the higher of the amount of the special deductions allowable for the taxable year, or $15,000 ($7,500 in the case of a married individual filing a separate return), reduced by the amount by which the taxpayer's adjusted gross income (taxable income in the case of a corporation) for the taxable year attributable to all sources other than the business of farming exceeds $15,000 ($7,500 in the case of a married individual filing a separate return). Provides for a disallowable farm operating loss carryback to each of the three taxable years preceding the loss year and a disallowed farm loss carryover to each of the five taxable years following the loss year. Defines the various terms of this title. States that a taxpayer shall be treated as engaged in the business of farming for any taxable year if: (1) any deduction is allowable for any expense paid or incurred by the taxpayer with respect to farming, or with respect to any farm property held by the taxpayer, or (2) any deduction would otherwise be allowable to the taxpayer for any expense paid or incurred with respect to farming, or with respect to property held for the production of income, which is used in farming. Excludes the raising of timber from the definition of farming. Establishes a formula limiting the amount of deduction, regarding the business of farming, to a controlled group of corporations. Directs that, under regulations prescribed by the Secretary or his delegate, an electing small business corporation which is engaged in the business of farming during its taxable year, and the shareholders of such corporation, shall apply the provisions of the Internal Revenue Code dealing with certain corporation payments to shareholders separately with respect to: (1) income derived from the business of farming by such corporation and deductions attributable to such business, and (2) all other income and deductions of such corporation. Title VIII: Minimum Tax for Tax Preferences - Imposes for each taxable year, with respect to the income of every person, a tax equal to 20 percent (previously 10 percent) of the amount by which the sum of the items of tax preference exceeds $12,000. Repeals the provision allowing tax carry-overs for 7 taxable years for excess taxes.
United States · United States Congress · 3 January 1973
Provides that on or after June 30, 1973, no import quota or other nontariff trade restriction shall be imposed by or pursuant to law with respect to the importation into the United States of petroleum and petroleum products. (Amends 19 U.S.C. 1862)
United States · United States Congress · 3 January 1973
Repeals provisions relating to the interstate transportation of petroleum products, which provisions are for the purpose of protecting interstate commerce from burdens caused by contracts of oil and of encouraging the conservation of crude oil deposits. (Repeals 15 U.S.C. 715-715m)
United States · United States Congress · 3 January 1973
Education for Handicapped Children Act - Provides that any State which desires to receive grants for the education of its handicapped children shall submit to the Commissioner of Education, through its State education agency, a State plan accompanied by such information as the Commissioner deems necessary. Directs the Commissioner to approve any such State plan if he determines that such plan: (1) sets forth such policies and procedures as will provide satisfactory assurance that funds paid to the State under this Act will be expended by the State to initiate, expand, or improve programs and projects which are designed to meet the educational needs of handicapped children throughout the States; (2) provides for the identification of all handicapped children in the State; (3) includes a proposal for the study of the State's present procedures for the institutionalization of handicapped children; (4) provides for the reduction of the number of handicapped children in the State who are institutionalized; (5) provides for the establishment of procedures for the classification of a child as a handicapped child; (6) provides satisfactory assurance that provision will be made for participation of children not enrolled in public schools in special educational programs and services provided to handicapped children by the State or by local educational agencies; (7) provides for procedures and objective measurements for evaluating at least annually the effectiveness of special educational programs and services in meeting the educational needs of handicapped children; (8) provides for making annual reports, to enable the Commissioner to carry out his functions under this Act; and (9) provides for keeping such records as the Commissioner may find necessary to assure the correctness and vertification of reports and proper disbursement of funds under this Act and meet other specific provisions. Directs the Commissioner to disapprove a State plan or modificaton thereof only after reasonable notice and an opportunity for a hearing to such State. Establishes a formula for the distribution of funds under this Act among the States. Directs the Commissioner to report to the Congress not later than January 1, 1975, his recommendations with respect to changes which may be necessary in the amount and entitlement of grants under this Act. Establishes the conditions under which the Commissioner, after a reasonable notice and opportunity for hearing, may cancel payments made to the States under this Act and provides procedures for judicial review of such decisions. Authorizes necessary appropriations for the fiscal year ending June 30, 1974, and for each of the next four fiscal years, for the purpose of making grants under this section. Provides that grants for Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be in an amount equal to not more than 3 percent of the amount appropriated for payments to the States.
United States · United States Congress · 3 January 1973
Establishes a Committee on Environment in the House of Representatives, consisting of 25 members. Provides that such Committee shall deal with all measures relating to the quality of the physical environment of the United States and its possessions, including: (1) water quality; (2) air quality; (3) weather modification; (4) waste disposal and management; (5) pesticides and herbicides; and (6) acoustic problems.