United States · United States Congress · 18 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 · 15 January 1973
Provides, under the Internal Revenue Code of 1954, that blood donations shall be considered as charitable contributions deductible from gross income in an amount equal to $25 for each pint donated. (Amends 26 U.S.C. 170(i))
United States · United States Congress · 15 January 1973
Allows a tax deduction under the Internal Revenue Code of not more than $750 for ordinary and necessary expenses paid during the taxable year for the repair or improvement of property used by the taxpayer as his principal residence. Permits any person who is the owner of rental housing and who rehabilitates or restores such housing to deduct the cost of such restoration, with respect to the amortization of the adjusted basis of such housing as so restored, based on a period of 60 months. Entitles any person who acquires rehabilitated or restored rental housing from a taxpayer who elected the amortization deduction and who did not discontinue the amortization deduction, to a deduction with respect to the adjusted basis of such facility based on the remaining amount of the 60 month period taken by the person who rehabilitated the house. Provides procedures for the election and termination of the amortization deduction and defines the terms used in 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 States may not have less strict standards with respect to marketing, labeling, packaging, and ingredient requirements than those made under the Federal Meat Inspection Act. (Amends 21 U.S.C. 678)
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 · 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 · 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
Agricultural Child Labor Act - Prohibits an employer in any State, engaged in agriculture, from shipping or delivering for shipment in commerce any agricultural products in which oppressive child labor has been employed. Provides that no employer in any State engaged in agriculture shall employ any oppressive child labor in the growing, harvesting, or processing for commerce of any agricultural commodity. Provides that "oppressive child labor" means a condition of employment under which any employee below the age of sixteen is employed in agriculture except where such employee is employed by his parent or person standing in the place of his parent on a farm owned and operated by such person or parent. Authorizes the Secretary of Labor to provide, by rule or regulation, for the waiver of this provision with respect to the employment of children between the ages of fourteen and sixteen when he determines that such employment is confined to periods which will not interfere with their schooling and performed under conditions which will not interfere with their safety, health, or well-being. Provides that any person who willfully violates any of the provisions of this Act shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment of not more than six months, or both. Provides that the district courts of the United States shall have jurisdiction for cause shown to restrain violations of this Act. Provides that employment of oppressive child labor by any employer engaged in agriculture shall be conclusively deemed to constitute an injury, by reason of injurious competition, to every person employed in agriculture during the same calendar week within the same State, and also within a radius of one hundred miles of the place of such employment. Provides that such injury shall be sufficient to support a cause of action for punitive damages independently of other damages. Provides that whoever is so injured may sue therefor, on behalf of himself and all other persons similarly situated, in the district courts of the United States.
United States · United States Congress · 3 January 1973
Makes farmworkers eligible for unemployment compensation, and imposes an excise tax on employers of agricultural workers. (Repeals 26 U.S.C. 3306(c)(1), 3306(k))
United States · United States Congress · 3 January 1973
Full Employment Act - Authorizes the Secretary of Labor to enter into and make payments under contracts with Federal, State, or local governmental agencies to provide useful public service employment to unemployed persons. Provides that such agreements shall provide that all persons employed, other than necessary technical, supervisory, and administrative personnel, will be selected from among eligible unemployed persons and that, to the maximum extent possible, technical, supervisory, and administrative personnel shall be recruited from among fully qualified, eligible unemployed persons. Provides that no person shall be paid a wage lower than the highest of the Federal or State minimum wage or the local prevailing wage rate and provides normal fringe benefits for such workers. Asserts that no agreement shall be entered into unless the Secretary of Labor determines that the execution of the agreement will result in an increase in employment opportunities over those which would otherwise be available and that it will not result in displacement of persons currently employed, including partial displacement resulting from a reduction in hours of work or wages or employment benefits. Declares that the agreement must not result in the impairment of existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed. Provides that labor unions that work in the same labor market shall be notified prior to the awarding of the contract. Provides that, in evaluating proposed agreements under this Act, the cost to the government of each agreement shall be considered in relation to: (1) number of unemployed who would get jobs; (2) community need; (3) nature and extent of the unemployment in the community; (4) extent to which regular employment opportunities are created; (5) proportion of the cost the prospective contractor will assume; and (6) extent to which employment under the agreement will reduce out-migration from rural areas. Authorizes necessary appropriations to carry out the provisions of this Act.
United States · United States Congress · 3 January 1973
Farm Workers' Bill of Rights - Title I: Collective Bargaining - Farm Workers Collective Bargaining Act - Includes agricultural employees within the scope of the National Labor Relations Act. Exempts farm labor organizations from restrictions on certain activities which are listed as unfair labor practices by the above Act. Restricts the employers from employing in any workplace during the existence of a strike or lockout any individual who is not domiciled in the United States unless such individual was employed immediately prior to the beginning of such strike or lockout. Allows farm labor organizations to picket or threaten to picket any employer when the purpose thereof is to force the employer to bargain with such organizations. States that it shall not be an unfair labor practice when a labor agreement between an employer and a farm labor organization requires membership in such organization as a condition of employment. Title II: Workmen's Compensation - Farm Workers Compensation Act - Provides that the provisions of the Longshoremen's and Harbor Worker's Compensation Act shall be applicable in respect to any injury, illness, disability or death to any agricultural employee, arising out of the course of his employment, or arising out of any unsafe, defective, or unhealthful condition or inadequate sanitation facility of housing provided as an incident to his employment in agriculture. Gives the employee, or his legal representative in the case of death, the right to maintain an action at law for damages on account of such employee's injury or death resulting from the gross negligence of the employer. States that if the use of an economic poison in the manner prescribed on the label results in the disability or death of an agricultural employee from personal injury the Secretary of Labor shall furnish benefits to such employee and his survivors. Authorizes the Secretary of Labor to refer any application received by him to the Administrator of the Environmental Protection Agency for his assistance, comments, and advice as to any determination required under this title. Title III: Manpower Services for Farm Workers - Farm Worker Manpower Services Act - Provides that the Secretary shall make available to farm workers manpower services, including, but not limited to, skills training, placement, pre-placement and postplacement guidance and counseling, basic education and communications skills, job development and supportive services. Provides that no State employment agency cooperating with the United States Employment Service under this Act shall refer any person to employment in agriculture: (1) where the position to which he is referred is vacant due to a strike, lockout or other labor dispute; (2) where housing for the employee is to be provided by the employer unless the Secretary of Housing and Urban Development has determined that such housing meets minimum standards of privacy, shelter and sanitation which he shall prescribe; and (3) where the Secretary of Health, Education and Welfare has determined that adequate public health care will be available in the community and that adequate educational opportunities will be available for his children. Title IV: Farm Worker's Labor Standards - Farm Workers' Labor Standards Act - Includes hand harvest laborers within the definition of "employee" under the Fair Labor Standards Act. Provides that children employed in agriculture between the ages of fourteen and sixteen shall be classed as "oppressive child labor". Repeals the minimum wage provision for agricultural employees. Removes agricultural employees from the list of exemptions to the minimum wage and hours provisions of the Fair Labor Standards Act. Authorizes the Secretary of Labor to adjust the minimum wage rate of employees in Puerto Rico and the Virgin Islands to conform with amendments made by this title. Title V: Unemployment Compensation - Includes "agricultural labor" within the definition of employment for unemployment compensation. Title VI: National Advisory Council on Agricultural Labor - National Farm Workers' Advisory Council Act - Establishes a Council to be known as the National Advisory Council on Farm Labor which shall be composed of twelve members appointed by the President. Provides that it shall be the duty of the Council to advise the Congress and the President with respect to the operation of Federal, State, and local laws, regulations, programs, and policies which relate to agricultural labor. Authorizes the Council to study the problems of agricultural labor and devise plans and make recommendations for the establishment of policies and programs to meet such problems effectively. Requires the Council to submit a report to the Secretary, the President, and the Congress not later than October 1 of each year.
United States · United States Congress · 3 January 1973
Requires Federal contractors, with contracts exceeding $10,000, to agree to comply with regulations issued by the Administrator of the Environmental Protection Agency to insure that the performance of the contract will not cause any environmental harm or violate any Federal, State, or local regulations on the environment. Provides that the contractor will remedy any pollution or damage caused by his failure to comply with such contractual provisions. Authorizes the withholding of payments to the contractor until the Administrator is satisfied that the contractor has fully complied. Provides that the Administrator shall send to all Federal agencies a list of all persons who have not fulfilled their obligations under this Act. Requires that no contract be given to anyone on the list for three years after publication of the list or until that person is certified by the Administrator. Provides that the Administrator shall send to all agencies a list of other persons who have caused environmental damage and that no contracts shall be awarded to them until certified by the Administrator. Provides for hearings by the Administrator and judicial review by U.S. District Courts in relation to any decision under the provisions of this Act. Empoowers the Administrator to use other Federal, State and local personnel to conduct necessary investigations and to administer this Act.
United States · United States Congress · 3 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 th 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, 1973.
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; (9) provides for keeping such records as the Commissioner may find necessary to assure the correctness and verification of reports and proper disbursement of funds under this Act and meets other specific provisions; and (10) provides for the establishment of a State Advisory Committee on Education for all Handicapped Children. Directs the Commissioner to disapprove a State plan or modification 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, 1974, 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, 1973, 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. Authorizes the appropriation of such sums as are necessary to enable the Commissioner to pay to those State educational agencies which have plans approved under this Act the sum of $200 for each handicapped child in the respective States for each of the fiscal years 1974 and 1975.
United States · United States Congress · 3 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 · 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
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
Pure Foods Act - Declares it to be the purpose of this Act to regulate the safe and efficient manufacturing, processing, and packing of food for sale in interstate commerce by establishing a system for registering and licensing food manufacturers, processors, and packers and authorizing recall and other emergency procedures. Provides for the registration and licensing by the Secretary of Commerce of all persons engaged in the manufacture, processing, or packing of any class of food distributed in interstate commerce. Authorizes the Secretary to license persons registered under this Act for a period of two years. Provides that the Secretary shall grant a license or a renewal of a license only after: (1) the applicant furnishes the Secretary with the name, location, and principle place of his business; (2) the applicant provides the Secretary with a complete list of all foods manufactured, processed, or packaged at his establishment; (3) the applicant for a license informs the Secretary of the process which is employed in preparing foods to be shipped in interstate commerce; and (4) each establishment of the applicant for a license is inspected to insure that the applicant has established all necessary procedures for producing food which is not adulterated. Provides that a licensee shall be required: (1) to process any food he is licensed to produce in containers as required by the Secretary; (2) to retain processing records on all foods manufactured, processed, or packed for a period of not less than five years; (3) to set aside the lot or lots of any food which is believed to have been improperly manufactured, processed, or packed for further evaluation as to any potential health hazard and upon completion of such evaluation to report to the Secretary within seven days in advance of any distribution of the whole or any part of the lot involved; (4) to report to the Secretary any and all instances of manufacturing, processing, or packaging which may pose a potential public health hazard where any lot has in whole or in part entered the stream of interstate commerce; (5) to open all records to inspection; (6) to include as standard equipment on all processing machines adequate sterilizing equipment, temperature, and time control devices and any other equipment the Secretary deems appropriate and to establish warning devices which shall alert the licensee when such equipment is not properly functioning; (7) to meet any educational requirements set by the Secretary for persons working in such plants; (8) to establish a scheme of insuring itself against losses due to the improper manufacturing, processing, or packaging of food sold in interstate commerce as applicable regulation established by the Secretary; and (9) to follow each applicable regulation established by the Secretary under this Act. Authorizes the Secretary to revoke the license of any licensee for violation of the regulations or requirements of this Act according to due process and after a formal investigation. Requires the Secretary to coordinate his activities with those of the relevant State agencies, and to establish a program for the effective correlation and response to information submitted by the public. Provides, upon notification by a licensee or upon reasonable information of a violation involving food in interstate commerce, that the Secretary shall undertake an emmergency investigation to determine the potential public health hazard, and shall make known the results of his investigation to the manufacturers, processers, and packers involved, and also to the public. Authorizes the Secretary, upon determination of a significant potential public health hazard, to recall all or part of the hazardous shipment; embargo any food produced by the violators of the regulations; and suspend the license of any person responsible for the significant potential public health hazard. Increases criminal penalties and provides that any person violating any provision of this section shall be liable to a civil penalty to the United States of a sum which is not more than $10,000 for each such violation. (Amends 21 U.S.C. 344)
United States · United States Congress · 3 January 1973
Uniformed Services Special Pay Act - Provides that an officer of the Army or Navy in the Medical or Dental Corps, an officer of the Air Force who is designated as a medical or dental officer, or a medical or dental officer of the Public Health Service, who is on active duty for a period of more than thirty days is entitled, in addition to any other pay or allowances, to special pay at the following rates: (1) $100 a month for each month of active duty if he has not completed two years of active duty in a category named above; or (2) $350 a month for each month of active duty if he has completed two years of active duty. Provides that a member of a uniformed service who: (1) has completed at least twenty-one months of active duty (other than for training); (2) is designated as having a critical military skill; and (3) reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years; may be paid a sum of money, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount. States that a person who enlists in an armed force for a period of at least three years or who extends his initial period of active duty in that armed force to a total of at least three years, may under regulations to be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, be paid an amount prescribed by the Secretary concerned but not more than $3,000. Provides for special pay for officers of the armed forces in health professions who execute active duty agreements. States that upon acceptance of such agreement by the Secretary concerned such officer is entitled to an amount not to exceed $12,000 for each year of the active duty agreement. Provides that such officer must be qualified in a critical health profession and qualified, as determined by a board composed of officers in his profession, to enter into such an agreement. Requires the Secretary of Defense and the Secretary of Health, Education, and Welfare to submit a written report each year to the Committee on Armed Services of the Senate and the House of Representatives regarding the operation of this program. Provides that an officer of an armed force who is designated by the Secretary concerned as an officer possessing skills in a critical shortage specialty and whose retention on, or voluntary recall to, active duty would be of benefit to the United States, and who executes an agreement to serve on continuous active duty in that specialty for a period of not less than one year, but not more than six years, in addition to any other period of active duty for which he is obligated, may be paid, in addition to all other compensation, a sum of money not to exceed $4,000 for each year of such agreement. Provides special pay for participation in the Selected Reserve of the Ready Reserve of an armed force. States that the amount of special pay for those persons possessing critical military skills as determined by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard shall be: (1) up to $2,200 for a six-year enlistment, reenlistment or extension of the enlistment period; or (2) for a lesser enlistment, reenlistment or extension of enlistment period, ten percent of the total for one year, twenty-two percent of the total for two years, thirty-seven percent of the total for three years, fifty-four percent of the total for four years, or seventy-five percent of the total for five years. States that the amount of such pay for persons not possessing such critical skills shall be: (1) up to $1,100 for a six-year enlistment, reenlistment or extension of enlistment period; or (2) an amount as determined by the above formula for a lesser enlistment, reenlistment or extension of enlistment period.
United States · United States Congress · 3 January 1973
Prohibits discrimination by financial institutions or any other persons on the basis of sex or marital status in connection with federally related mortgage transactions. Requires all parties to any such transaction to submit appropriate reports thereon (containing specified information) for public inspection. Provides civil and criminal penalties for any person who violates this Act.
United States · United States Congress · 3 January 1973
Prohibits discrimination by creditors under the Truth in Lending Act against consumers on the basis of sex or marital status with respect to the extension of credit.
United States · United States Congress · 3 January 1973
Equal Credit Opportunity Act - Prohibits discrimination by any federally insured bank, savings and loan association, or credit union against any individual on the basis of sex or marital status in credit transactions and in connection with applications for credit. Provides civil and criminal penalties for persons violating this Act. Requires creditors subject to the provisions of this Act to annually prepare and file a report showing the extent of compliance with the provisions of this Act.
United States · United States Congress · 3 January 1973
Equality Act - Prohibits, under the Civil Rights Act of 1964, discrimination on account of sex in places of public accommodation, and under color of State law. Provides for civil actions by the Attorney General where there is discrimination on account of sex in public facilities or in public education. Prohibits discrimination on account of sex in federally assisted programs, and in housing sales, rentals, financing, and brokerage services. Provides for equal pay for women in executive, administrative, and professional positions. Authorizes the Secretary of Health, Education, and Welfare to pay up to fifty percent of the cost of State commissions established to study discriminatory measures against women within the States, and to study necessary remedies. Authorizes $2,000,000 for this purpose. Requires the Secretary of Health, Education, and Welfare to make studies and recommendations in specified areas of Social Security Act and Internal Revenue Code concerning women.
United States · United States Congress · 3 January 1973
Directs the Secretary of the Interior to develop and implement a national plan for the restoration of strip mine lands to be effective no later than July 2, 1974. Prohibits thereafter the sale in interstate commerce of any coal or other material obtained from a strip mine unless the mine is operated under a plan approved by the Secretary. Authorizes the Secretary to acquire by purchase or condemnation after July 1, 1974, any land on which a strip mine operation has been or is being conducted without an approved plan or in violation of such plan. Authorizes the Secretary to restore strip mine land in accordance with the plan approved and to assess the owner for the cost of such restoration. Provides that land acquired shall be used for wildlife or recreation purposes in accordance with plans approved by the Secretary and the appropriate State official. Permits the Secretary to make such land available to the State if used for such purposes.
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 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 worldwide 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
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
Federal Animal Damage Control Act - Authorizes the Secretary of the Interior to conduct directly or by agreement with qualified agencies or institutions, public and private, a program of research which shall concern the control and conservation of predatory and depredating animals and the abatement of damage caused by such animals. Authorizes to be appropriated for such program not to exceed $1,500,000 for each fiscal year occurring after fiscal year 1972. Authorizes the Secretary to provide financial assistance to any State which may annually propose to administer a program for the control of predatory and depredating animals. Provides that the Secretary may not, except in emergency situations, approve any State program which entails the field use of chemical toxicants for the purpose of killing predatory animals or the field use of any chemical toxicant which causes any secondary poisoning effect for the purpose of killing other mammals, birds, or reptiles. Directs the Secretary to conduct such operational programs for the control of predatory and depredating animals as he may deem necessary or desirable. Authorizes the Secretary to assist the States in their implementation of programs under this Act. Authorizes to be appropriated $3,000,000 for each of the fiscal years 1973 and 1974, and $2,000,000 for each succeeding fiscal year thereafter for such control programs. Authorizes to be appropriated $5,000,000 for each fiscal year occurring after fiscal year 1972 for operational programs and for assistance to States in the implementation of their programs. Prohibits any person from making field use of any chemical toxicant on any Federal lands for the purpose of killing predatory animals, or making field use on such lands of any chemical toxicant which causes any secondary poisoning effect for the purpose of killing other mammals, birds, or reptiles. Provides that any person convicted of any violation of this part, or of any regulation promulgated under this Act, shall be fined not more than $10,000 or imprisoned for not more than one year or both. Authorizes to be appropriated such sums as may be necessary to carry out the purpose of this Act other than specific authorizations previously made.
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
Equal Educational Opportunities Act - Declares it to be the policy of the United States that all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and that the neighborhood is the appropriate basis for determining public school assignments. States that the purpose of this Act is to authorize concentration of resources under the Emergency School Aid Act on educationally deprived students and to specify appropriate remedies for the orderly removal of the vestiges of the dual school system. Title I: Assistance - Provides financial assistance for educationally deprived students enrolled in schools with a high proportion of students from low-income families, or transferring from such schools to schools enrolling a lower proportion of students from low-income families. Authorizes grants from State educational agencies to local educational agencies adopting and implementing plans for such students. Sets requirements for State educational agency plans and applications under this section. Authorizes appropriations for payments to States under this section of $500,000,000 for each fiscal year. Provides for judicial review for a State following final action on its plan. Title II: Unlawful Practices - States that no State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by: (1) the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; (2) the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with title IV of this Act, to remove the vestiges of a dual school system; (3) the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency that would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student; (4) discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection (5) below; (6) the transfer by an educational agency, whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or (7) the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. States that the failure of an educational agency to attain a balance, on the basis of race, color, sex, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of the laws. States that the assignment by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal education opportunity or of equal protection of the laws unless such assignment is for the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis. Title III: Enforcement - Provides for a civil action for appropriate relief in an appropriate district court by an individual denied an equal educational opportunity as defined by this Act, or by the Attorney General in his behalf. States that when a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan. Title IV: Remedies - Provides that in formulating a remedy for a denial of equal educational opportunity or a denial of the equal protection of the laws, which may involve the transportation of students, a court, department, or agency of the United States shall require implementation of the first of the remedies set out below, or on the first combination thereof which would remedy such denial: (1) assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account school capacities and natural physical barriers; (2) assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account only school capacities; (3) permitting students to transfer from a school in which a majority of the students are of their race, color, or national origin; (4) the creation of revision of attendance zones ir grade structures without requiring transportation beyond that described in this title; (5) the establishment of new or magnet schools or the closing of inferior schools; or (6) the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of this title. Prohibits a court or department order that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student. Prohibits a transportation order where such transportation would pose a risk to the health of a student or constitute a significant impingement on his educational process. Prohibits the requirement of a new desegregation plan involving transportation of students where residential shifts in population occur in previously approved desegregated school systems. Provides that State-drawn school district lines shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin. Permits an educational agency to propose voluntarily or implement a desegregation plan, otherwise lawful, at variance with the standards set out in this title. Provides that upon application of an educational agency, court orders, or desegregation plans under title VI of the Civil Rights Act of 1964 in effect at enactment of this Act and intended to end segregation of students on the basis of race, color, or national origin, shall be reopened and modified to comply with the provisions of this Act. Provides that any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying a denial of the equal protection of the laws shall, to the extent of such transportation, be terminated if the court finds the defendant educational agency were in the past segregated de jure or de facto. Provides that no additional order requiring such educational agency to transport students for such purpose shall be entered unless such agency is found to be effectively excluding any person from any school because of race, color, or national origin, and this shall be so, whether or not such school system was in the past segregated de jure or de facto. Provides that no additional order shall be entered against such agency for such purpose unless the schools of such agency are no longer a unitary school system. Title V: Definitions - Defines the terms used in this Act. Title VI: Miscellaneous Provisions - Repeals the provision of Emergency School Aid Act authorizing the construction of integrated education parks. States that if any provision or application of this Act is held invalid, the remainder of the provisions of this Act and of the amendments made by this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
![Official portrait of Rep. O'Hara, James G. [D-MI-12]](https://www.congress.gov/img/member/o000055_200.jpg)