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
Provides cost-of-living increases in the annuities and pensions (and lump-sum payments) payable under the Railroad Retirement Act whenever the price index rises three percent above the base period price index.
United States · United States Congress · 24 January 1973
Employee Retirement Benefit Security Act - Declares it to be the policy of this Act to protect interstate commerce, and the equitable interests of participants in private pension plans and their beneficiaries, by improving the scope, administration, and operation of such plans; to prevent the loss of employees' earned credits resulting from change of or separation from employment; and to protect vested benefits of employees against loss due to plan termination. Sets forth definitions of terms used in this Act. Title I: Portability Program for Vested Pensions - Establishes a portability program for vested pensions to effect the transfer of vested credits between all employee plans. Requires employee plans to apply for membership in the portatiliby program. Authorizes the Secretary to issue a certificate of membership to approved plans. Creates a Protability Program Fund. Requires a member plan to pay, upon request of the participant, to the fund a sum of money equal to the current discounted value of the participant's vested rights under the plan, when such participant is separated from employment covered by the plan before the time prescribed for payments to be made to him or to his beneficiaries under the plan. Directs the Secretary of Labor to administer the fund and to report to the Congress not later than the first day of April of each year on the operation and the status of the fund during the preceding fiscal year and on its expected operation and status during the current fiscal year and the next two fiscal years. Requires the Secretary to review the general policies followed in managing the fund and to recommend changes in such policies, including the necessary changes in the provisions of law which govern the way in which the fund is to be managed. Directs the Secretary to establish an account in the fund for each participant. Provides that the Secretary shall give technical assistance to employers, employee organizations, trustees, and administrators of pension and profit-sharing-retirement plans in their efforts to provide greater retirement protection for individuals who are separated from employment covered under such plans. Title II: Plan Termination Insurance - Establishes the Private Pension Plan Termination Insurance Program to insure participants and beneficiaries of those plans registered under this Act against loss of benefits derived from vested rights which arise from the termination of such plans. Enumerates conditions to insure the right to participants and beneficiaries of a registered pension plan. Authorizes the Secretary to prescribe a uniform assessment to cover the administrative costs of the insurance program and to establish an annual premium for insurance at uniform rates based upon the amount of unfunded vested liabilities subject to insurance. Provides that no plan insured under this title shall terminate without the approval of the Secretary. Provides that where the employer or employers contributing to the terminating plan or who terminated the plan are not insolvent, such employer or employers shall be liable to reimburse the insurance program for any insurance benefits paid by the program to the beneficiaries of such terminated plan. Creates within the Treasury a separate fund for pension benefit insurance to be known as the Pension Benefit Insurance Fund which shall be available to the Secretary without fiscal year limitation for the purposes of this title.
United States · United States Congress · 24 January 1973
Veterans Health Care Expansion Act - Title I: Hospital, Domicilliary, and Medical Care Benefits - Extends the definition of "private facilities" for which the Administrator of Veterans' Affairs contracts in order to provide hospital care to include facilities for the wife or child of a veteran who has a total disability, permanent in nature, resulting from a service connected disability, and the widow or child of a veteran who died from such a disability. Includes in the term "hospital care" mental health services, consultation, professional counseling, and training of a veteran or dependent, or survivor if the veteran has no dependents, as may be necessary or appropriate to the effective treatment and rehabilitation of such individual. Adds home health services which the Administrator deems appropriate for the effective and economical treatment of a disability of a veteran, or dependent, or survivor, to the definition of the term "medical services." Extends to all veterans hospital or nursing home care if such veteran is unable to defray the expenses of the necessary care. Allows the Administrator to furnish hospital or nursing home care to the wife or child of a veteran who has a total disability, permanent in nature from a service connected disability, and the widow or child of a veteran who died from such a disability. Permits the Administrator to furnish medical services for any disability on an outpatient or ambulatory basis to persons already described in this act and to any veteran who has a service connected disability rated at eighty percent or more. Authorizes the Administrator, under such regulations as he might prescribe, to reimburse veterans entitled to hospital care as medical services for the reasonable value of such care or services for which such veterans have made payment from sources other than the Veterans' Administration. (Adds 38 U.S.C. 628) Authorizes the President to assist the Republic of the Philippines in providing medical care and treatment for Commonwealth Army veterans and new Philippine Scouts under certain conditions. (Amend 38 U.S.C. 631) Provides that the President may authorize the Administrator to enter into a contract with the Veterans Memorial Hospital, with the approval of the appropriate department of the Government of the Republic of the Philippines under which the United States: (1) will pay for hospital care in the Republic of the Philippines, or for medical services which shall be provided either in Veterans' Administration facilities, or by contract, or otherwise, by the Administrator in accordance with the conditions and limitations applicable generally to beneficiaries under this title, for Commonwealth Army veterans determined by the Administrator to be in need of such hospital care or medical services for service-connected disabilities; (2) will pay for hospital care at the Veterans Memorial Hospital for Commonwealth Army veterans determined by the Administrator to need such care for non-service-connected disabilities if they are unable to defray the expenses of necessary hospital care; and (3) will pay for hospital care, determined by the Administrator to be necessary, at the Veterans Memorial Hospital for new Philippine Scouts for service-connected disabilities and for non-service-connected disabilities, if they are unable to defray the expenses of necessary hospital care. Provides that the total of the payments authorized shall not exceed $2,000,000 for any one fiscal year ending before 1978. Authorizes to be appropriated for each fiscal year ending with fiscal year 1978, $100,000 to be used for the education and training of health service personnel at the hospital, and for the upgrading of equipment and in rehabilitating the physical plant and facilities of such hospital. (Amends 38 U.S.C. 632) Authorizes the Administrator to carry out a comprehensive program providing sickle cell anemia screening, counseling, and treatment and to carry out research and research training in the diagnosis, treatment, and control of sickle cell anemia based upon such screening examinations and treatment. Requires the Administrator to include such information in his annual report to Congress. (Adds 38 U.S.C. 651-654) Title II: Amendments to Chapter 73 of Title 38, United States Code Relating to the Department of Medicine and Surgery - Authorizes the Administrator to carry out a major program of recruitment training, and employment of veterans with various medical military occupation specialties in order to provide a complete medical and hospital service for the medical care and treatment of veterans and to assist in providing an adequate supply of health manpower to the nation. (Amends 38 U.S.C. 4101(b)) Establishes pay schedules for Assistant Chief Medical Directors, physicians and dentists, and nurses. Provides criteria on which nurses are to receive additional compensation. Enumerates restrictions on physicians, dentists, and nurses, including requirements that no such person may: (1) assume responsibility for the medical care of any patient other than a patient admitted for treatment at a Veterans' Administration facility, except in those cases where the individual, upon request and with the approval of the Chief Medical Director, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed one hundred and eighty calendar days, which may be extended by the Chief Medical Director for additional periods not to exceed one hundred and eighty calendar days each; (2) teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or duration, conflict with his responsibilities under this title; and (3) perform, in the course carrying out his responsibilities under this title, professional services for the purpose of generating money for any fund or account which is maintained by an affiliated institution for the benefit of such institution, or for his personal benefit, or both. Provides that temporary full-time appointments of personnel, other than physicians, dentists, and nurses, shall not exceed one year. (Amends 38 U.S.C. 4114(a)(3)(A)) Provides that the Administrator may contract with one or more hospitals, medical schools, or medical installations having hospital facilities and participating with the Veterans' Administration in the training of interns or residents to provide for the central administration of stipend payments, provision of fringe benefits, and maintenance of records for such interns and residents by the designation of one such institution to serve as a central administrative agency for this purpose. Permits the Administrator to pay to such designated agency, without regard to any other law or regulation governing the expenditure of Government moneys either in advance or in arrears, all amount to cover the costs for the period such intern or resident serves in a Veterans' Administration hospital. (Adds 38 U.S.C. 4114(b) (2)) Title III: Amendments to Chapter 81 of Title 38, United States Code _ Acquisition and Operation of Hospital and Domicilliary Facilities; Procurement and Supply - Requires the Administrator to provide for no less than an average of 98,500 operating beds in Veterans' Administration Hospitals and to maintain an average daily patient census in such beds of no less than 85,500 in any fiscal year. Authorizes the Administrator to establish and operate not less than eight thousand beds for the furnishing of nursing home care to eligible veterans over which the Administrator has direct and exclusive jurisdiction. (Amends 38 U.S.C. 5001(a)) Requires the Administrator to appoint an Advisory Committee on Structural Safety of Veterans' Administration Facilities to advise him on all matters of structural safety in the construction and remodeling of Veterans' Administration facilities. (Amends 38 U.S.C. 5001(b)) Title IV: Miscellaneous Amendments to Title 38 United States Code - Specifies certain miscellaneous amendments to title 38 of the United States Code. Title V: Effective Dates - Specifies the dates on which the provisions of this Act shall become effective.
United States · United States Congress · 24 January 1973
National Cemeteries Act - Establishes within the Veterans' Administration a National Cemetery System consisting of all cemeteries of the United States in which veterans of any war or conflict or of service in the Armed Forces may be buried. Establishes an Advisory Committee on Cemeteries and Memorials to advise and consult with the Administrator with respect to the administration of the cemeteries. Specifies that the following persons are eligible for interment in any open national cemetery: (1) any veteran; (2) any reservist, whose death occurs under honorable conditions, while undergoing treatment at the expense of the United States for injury or disease contracted while acting within the scope of his reservist duties; (3) any ROTC member whose death occurs under honorable conditions during his training period; (4) any U.S. citizen, who served in the Armed Forces of an allied government and such service terminated honorably; (5) the wife, surviving spouse, minor child, and the unmarried adult child of the above-mentioned persons; and (6) such other persons as may be designated by the Administrator. Directs the Administrator to make all rules and regulations and conduct whatever business is necessary to establish and maintain such cemeteries. Authorizes the Administrator of Veterans' Affairs to acquire needed additional land by purchase, gift, condemnation, transfer from other Federal agencies, or otherwise as he determines to be in the best interest of the United States. Directs the Administrator to conduct a comprehensive study and to submit his recommendations to the 93d Congress within six months after such Congress convenes, concerning the criteria which should govern the development and operation of the National Cemetery System, including the concept of regional cemeteries; the relationship between that system to other Federal burial benefits provided servicement and veterans; and the steps to be taken to conform the existing System to the recommended criteria. Authorizes the Administrator to make necessary rules for the governing of property under his control, and to fix penalties for violations. Provides for the payment of burial costs (up to $250) when an eligible veteran or veteran's relative dies in a VA facility. Stipulates that if the veteran is not buried in a national cemetery or other cemetery under the jurisdiction of the United States, the Administrator, in his discretion, having due regard to the circumstances in each case, may pay a sum not exceeding $150 as a plot or interment allowance to such person as he prescribes. Transfers to the Administrator from the Secretaries of the Army, Navy, and Air Force the functions and responsibilities of such Secretaries with respect to cemeteries under their jurisdiction. Repeals specified provisions of law dealing with national cemeteries and payment of veterans' burial expenses. Authorizes the burial of an unknown soldier from the Vietnam Conflict at Arlington National Cemetery after the United States has concluded its participation in hostilities in Southeast Asia.
United States · United States Congress · 24 January 1973
Establishes a Joint Congressional Committee on the Environment to consist of eleven Members of the House of Representatives to be appointed by the Speaker and eleven Members of the Senate to be appointed by the President of the Senate. Gives the Committee the duty: (1) to conduct a continuing comprehensive study and review of the character and extent of environmental changes that may occur in the future and their effect on population, communities, and industries, including but not limited to the effects of such changes on the need for public and private planning and investment in housing, water resources (including oceanography), pollution control, food supplies, education, automation affecting interstate commerce, fish and wildlife, forestry, mining, communications, transportation, power supplies, welfare, and other services and facilities; (2) to study methods of using all practicable means and measures, including financial and technical assistance, in a manner calculated to foster, promote, create, and maintain conditions under which man and nature can exist in harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans; (3) to develop policies that would encourage maximum private investment in means of improving environmental quality; and (4) to review any recommendations made by the President (including the environmental quality report required to be submitted pursuant to the National Environmental Policy Act of 1969) relating to environmental policy. Grants the Committee necessary powers to carry out the objectives of this Act, and requires a final report to the House of Representatives and the Senate on the studies and projects undertaken by the Committee. Authorizes necessary appropriations to enable the committee to carry out its functions under this Act.
United States · United States Congress · 24 January 1973
Makes it the sense of the House of Representatives that the Government of the United States should maintain and protect its sovereign rights and jurisdiction over the Canal Zone and Panama Canal and that the United States Government should in no way forfeit, cede, negotiate, or transfer any of these sovereign rights, jurisdiction, territory, or property to any other sovereign nation or to any international organization, which rights, sovereignty, and jurisdiction are indispensably necessary for the protection and security of the entire Western Hemisphere including the Canal and Panama.
United States · United States Congress · 18 January 1973
Health Care Insurance Act - Provides, under the Social Security Act, for medical, dental, and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuance of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical, dental, and hospital services, there is established a program of hospital, dental, and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates, in full payment of allowable premium on a qualified health care insurance policy of his choice. Asserts that health insurance certificiates of entitlement will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any unmarried person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12-month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate of entitlement acceptable by a qualified carrier in payment toward a premium, under a qualified health care insurance policy. Specifies the amount of the tax credit or the value to be assigned to the health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or dentistry or the manner in which medical or dental services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
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