United States · United States Congress · 18 January 1973
War Powers Act - Declares that it is the purpose of this Act to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of the Armed Forces of the United States in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities. States that the Act is not intended to encroach upon the recognized powers of the President, as Commander in Chief, to conduct hostilities authorized by the Congress, to respond to attacks or the imminent threat of attacks upon the United States, including its territories and possessions, to respond to attacks or the imminent threat of attacks against the Armed Forces of the United States, and under proper circumstances, to rescue endangered citizens of the United States located in foreign countries. Provides that in the absence of a declaration of war by the Congress, the Armed Forces of the United States may be introduced in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, only: (a) to repel an armed attack upon the United States, its territories and possessions; to take necessary and appropriate retaliatory actions in the event of such an attack; and to forestall the direct and imminent threat of such an attack; (b) to repel an armed attack against the Armed Forces of the United States located outside of the United States, its territories and possessions, and to forestall the direct and imminent threat of such an attack; (c) to protect while evacuating citizens of the United States, as rapidly as possible, from any country in which such citizens are present with the express or tacit consent of the government of such country, and who are being subject to a direct and imminent threat to their lives, either sponsored by such government or beyond the power of such government to control; or (d) pursuant to specific statutory authorization, but authority to introduce the Armed Forces of the United States into hostilities shall not be inferred from any provision of law, including any provision contained in any appropriation act, unless such provisions specifically authorized the introduction of such Armed Forces in hostilities and exempts the introduction of such armed forces from compliance with the provisions of this Act. Stipulates that no treaty in force at the time of the enactment of this Act shall be construed as specific statutory authority for, or a specific exemption permitting, the introduction of the Armed Forces in any such situation. Provides that the use of the Armed Forces of the United States in hosilities pursuant to this Act shall be reported promptly in writing by the President to the Speaker of the House of Representatives and the President of the Senate, together with a full account of the circumstances under which such hostilities were initiated, the estimated scope of such hositlities, and the consistency of such hostilities with the applicable provisions of this Act. States that hostilities commenced pursuant to this Act shall not be sustained beyond thirty days from the date of their initiation except as provided in specific legislation enacted for that purpose by the Congress. Provides that hostilities commenced pursuant to this Act may be terminated prior to the thirty day period by statute or joint resolution of Congress. Directs that any bill or resolution, authorizing continuance or termination of military hostilities shall, if sponsored or co-sponsored by one third of the Members of the House of Congress in which it originates, be considered reported to the floor of such House no later than one day following its introduction, unless the Members otherwise determine by yeas and nays; and any such bill or resolution referred to a committee after having passed one House of Congress shall be considered reported from such committee within one day after it is referred to such committee, unless the Members of the House referring it to committee shall otherwise determine by yeas and nays. Provides that any bill or resolution reported shall immediately become the pending business of the House to which it is reported, and shall be voted upon within three days after such report, unless such House shall otherwise determine by yeas and nays. Declares that this Act will take affect upon enactment.
United States · United States Congress · 18 January 1973
Requires the Securities and Exchange Commission to prescribe such rules and regulations as it deems necessary or appropriate in the public interest or for the protection of investors to prevent trades on the exchange but off the floor by members, directly or indirectly, for their own account, or for the account of any person controlling, controlled by, or under common control with any such member, which do not yield priority, parity, or precedence to public orders and which do not contribute to the maintenance of a fair and orderly market. States that it shall be unlawful for a member of a national securities exchange to affect any transaction on such exchange with or for its own account, the account of any affiliate of such member, or any managed institutional account. Provides that such provisions shall not apply to transactions effected during the following periods: (1) prior to the last date on which any national securities exchange maintains or enforces any rule fixing minimum commission rates with respect to any portion of a transaction in excess of $100,000; (2) for a period of twelve months following such date, if the total value of all such transactions affected by a person who is a member of a national securities exchange does not exceed 20 percent of the total value of all transactions effected by such person on all national securities exchanges during such period; and (3) for a period of twelve months following the period specified in (2) if the total value of all such transactions by such person does not exceed 10 percent of the total value of all transactions effected by such person on all national securities exchanges during such period. Provides that it shall not be deemed unlawful or a breach of fiduciary duty for an investment advisor to cause a registered investment company to pay a commission to a broker for effecting a transaction, which is in excess of commissions charged by other brokers on similar transactions, if such investment advisor determines in good faith that research service provided by such broker for the benefit of such investment company justify such payment. Provides that an investment adviser of a registered investment company, or an affiliated person of such investment adviser, may receive any amount of benefit in connection with a transaction which results in an assignment of an investment advisory contract with such investment company. Provides that, in the event of any such transaction, not more than 25 percent of the directors of the investment company who are interested persons of either party to the transaction shall serve in such office effective at the date of commencement of the new advisory contract. Provides that it shall be unlawful for the directors of a registered investment company, in connection with their evaluation of the terms of any contract whereby a person undertakes regularly to serve or act as investment adviser of such investment company, to take into account the purchase price or other consideration such person may have paid in connection with a transaction within the provisions of this Act.
United States · United States Congress · 18 January 1973
Bill of Rights for the Mentally Retarded - States that the purpose of this Act is to establish standards which assure the humane care, treatment, habilitation, and protection of the mentally retarded in residential facilities, and to improve the system for the provision of services to the mentally retarded through the encouragement of the support for the planning and development of strategies to implement such standards, minimize inappropriate admissions to residential facilities and stimulate the development of regional and community programs integrating such residential facilities which conform to such standards. Provides for a new title to the Public Health Service Act: Title XII: Support of Residential Facilities for the Mentally Retarded - Authorizes the Secretary of Health, Education, and Welfare to make grants to States to aid them with the cost of bringing existing residential facilities into compliance with the standards established under this Act, and to improve existing residential facilities for the mentally retarded. Authorizes to be appropriated $30,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years, for such grants. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to make grants to States for the purpose of assisting States in meeting the expenses for bringing publicly operated facilities and publicly assisted facilities into conformity with the standards established by this Act. Stipulates that any State desiring to receive such a grant shall submit a plan to the Secretary setting forth a schedule for compliance with such standards. Provides that the total of the grants with respect to any such project bringing facilities into conformity with the standards imposed by this Act may not exceed 75 percent of the necessary cost thereof as determined by the Secretary. Requires five years after the date of enactment of this Act, that no residential facility for the mentally retarded shall be eligible to receive payments either directly or indirectly under under any Federal law, unless such facility meets the standards promulgated under this Act. Authorizes the Secretary to make grants to any public or private non-profit agency, organization or institution to meet the costs of development, improvement, extension, or expansion of community resources and community living situations for the mentally retarded other than living-in-residential facilities for the mentally retarded. Establishes a National Advisory Council on Standards for Residential Facilities for the Mentally Retarded to: (1) advise the Secretary with respect to any regulations promulgated or proposed in the implementation of the standards established under this Act; (2) study and evaluate such standards authorized by this Act; and (3) recommend to the Secretary any changes, revisions, modifications, or improvements in the standards established under this Act. Provides that the ultimate aim of the residential facility shall be to foster those behaviors that maximize the human qualities of the resident, increase the complexity of his behavior, and enhance his ability to cope with his environment. Requires such facilities to be located within, and conveniently accessible to, the population served, so as to have access to necessary generic community services. Provides that the facility and the surrounding community should be encouraged to share their services and resources on a reciprocal basis. Provides that residents of the facility should be integrated to the greatest possible extent with the general population. Provides that the facility shall have a written outline of the philosophy, objectives, and goals it is striving to achieve. Requires such outline to be available for distribution to staff, consumer representatives, and the interested public. Provides that the governing body of the facility shall exercise general direction and shall establish policies concerning the operation of the individuals served. Provides that the administration of the facility shall provide for effective staff and resident participation and communication. Requires the facility to designate a percentage of its operating budget for self-renewal purposes. Provides that the facility shall have a description of services for residents that is available to the public. Provides that the facility shall provide for meaningful and extensive consumer-representative and public participation. Provides that a public education and information program should be established that utilizes all communication media, and all service, religious and civil groups, to develop attitudes of understanding and acceptance of mentally retarded persons in all aspects of community living. Provides that admission and release procedures shall: (1) encourage voluntary admission; (2) give equal priority to person of comparable need; (3) facilitate emergency, partial, and short-term residential care; and (4) utilize the maximum feasible amount of voluntariness in each individual case. Authorizes the residential facility to admit only residents who have had a comprehensive evaluation. Provides that all admissions to the residential facility shall be considered temporary Provides that there shall be a regular, at least annual, joint review of the status of each resident by all relevant personnel. Provides that at the time of permanent release or transfer there shall be recorded a summary of findings, progress, and plans for protective supervision and other followup services in the resident's new environment. Provides that the performance of each employee of the facility shall be evaluated at least annually. Provides that staffing shall be sufficient so that the facility is not dependent upon the use of residents or volunteers for productive services. Provides that food services shall recognize and provide for the physiological, emotional, and cultural needs of each resident, through provision of a planned, nutritionally adequate diet. Provides that each resident shall have an adequate allowance of neat, clean, fashionable, and seasonable clothing. Provides that residents shall be trained to exercise maximum independence in health, hygiene, and grooming practices. Provides that living unit components or groupings shall be small enough to insure the development of meaningful interpersonal relationships among residents and between residents and staff. Requires dental services to be provided all residents in order to maximize their general health by maintaining an optimal level of daily oral health, through preventive measures and correcting existing oral diseases. Provides that educational services, defined as deliberate attempts to facilitate the intellectual, sensorimotor, and affective development of the individual, shall be available to all residents, regardless of chronological age, degree of retardation, or accompanying disabilities or handicaps. Provides that food and nutrition services shall be provided in order to: (1) insure optimal nutritional status of each resident, thereby enhancing his physical, emotional and social well-being; and (2) provide a nutritionally adequate diet, in a form consistent with developmental level, to meet the dietary needs of each resident. Makes library services, which include the location, acquisition, organization, utilization, retrieval, and delivery of materials in a variety of media, available to the facility, in order to support and strengthen its total habilitation program by providing complete and integrated multimedia information services to both staff and residents. Provides that medical services shall be provided in order to: (1) achieve and maintain an optimal level of general health for each resident; (2) maximize normal function and prevent disability; and (3) facilitate the optimal development of each resident. Provides that residents shall be provided with nursing services, in accordance with their needs, in order to: (1) develop and maintain an environment that will meet their total health needs; (2) foster optimal health; (3) encourage maximum self-care and independence; and (4) provide skilled nursing care. Provides that, where appropriate to the facility, there shall be a pharmacy and therapeutics committee, that includes one or more pharmacists, to develop policy on drug usage in the facility, and to develop and maintain a current formulary. Provides that physical and occupational therapy services shall be provided in order to: (1) prevent abnormal development and further disability; (2) facilitate the optimal development of each resident; and (3) enable the resident to be a contributing and participating member of the community in which he resides. Requires that psychological services be provided in order to facilitate, through the application of psychological principles, techniques, and skills, the optimal development of each resident. Provides that recreation services should provide each resident with a program of activities that: (1) promotes physical and mental health; (2) promotes optimal sensorimotor, cognitive,9 affective, and social development; (3) encourages movement from dependent to independent and interdependent functioning; and (4) provides for the enjoyable use of leisure time. Makes religious services available to residents, in accordance with their basic right to freedom of religion. Provides that all social services shall be available to all residents and their families in order to foster and facilitate: (1) maximum personal and social development of the resident; (2) positive family functioning; and (3) effective and satisfying social and community relationships. Provides that speech pathology and audiology services shall be available, in order to: (1) maximize the communications skills of all residents; and (2) provide for the evaluation, counseling, treatment, and rehabilitation of those residents with speech, hearing and/or language handicaps. Requires each facility to provide all its residents with rehabilitation services, which include the establishment, maintenance, and implementation of those programs that will ensure the optimal development or restoration of each resident physically, psychologically, socially and vocationally. Provides that volunteer services shall be provided in order to enhance opportunities for the fullest realization of the potential of each resident by: (1) increasing the amount, and improving the quality, of services and programs; and (2) facilitating positive relationships between the facility and the community which it serves. Provides that a record shall be maintained for each resident that is adequate for: (1) planning and continuous evaluating of the resident's habitation program; (2) providing a means of communication among all persons contributing to the resident's habilitation program; (3) furnishing documentary evidence of the resident's progress and of his response to his habilitation program; (4) serving as a basis for review, study, and evaluation of the overall programs provided by the facility for its residents; (5) protecting the legal rights of the residents, facility, and staff; and (6) providing data for use in research and education. Provides that the administration of the facility shall make provision for the design and conduct, or the supervision, of research that will objectively evaluate the effectiveness of program components and contribute to informed decisionmaking in the facility. Provides that the requirements of the Secretary shall be met, with specific reference to the following: (1) provision of adequate and alternate exits and doors; (2) provision of exit ramps, with nonskid surface and slope not exceeding one foot in twelve; and (3) provision for handrails on stairways. Provides that there shall be records that document strict compliance with the sanitation, health, and environmental safety codes of the State or local authorities having primary jurisdiction over the facility. Provides that adequate, modern administrative support shall be provided to efficiently meet the needs of, and contribute to, program services for residents, and to facilitate attainment of the goals and objectives of the facility. Provides that funds shall be budgeted and spent in accordance with the principles and procedures of program budgeting. Provides that there shall be written purchasing policies regarding authority and approvals for supplies, services and equipment.
United States · United States Congress · 18 January 1973
Creates an Atlantic Union delegation, composed of 18 eminent citizens, which is authorized to organize and participate in a convention made up of similar delegations from such North Atlantic Treaty parliamentary democracies as desire to join in the enterprise, and other parliamentary democracies the convention may invite, to explore the possibility of agreement on: (a) a declaration that the goal of their peoples is to transform their present relationship into a more effective unity based on Federal principles; (b) a timetable for the transition by stages to this goal; and (c) a commission to facilitate advancement toward such stages. Requires the convention's recommendations to be submitted to the Congress. Provides that not more than half of the delegation's members shall be from one political party, and that 6 of the delgates shall be appointed by the Speaker of the House of Representatives, after consultation with the House Committee on Foreign Affairs, 6 by the President of the Senate, after consultation with the Senate committee on Foreign Relations, and 6 by the President of the United States. Allows all members of the delegation to speak and vote individually in the convention. Authorizes the delegation in carrying out the purposes of this Act: (a) to seek to arrange an international convention and such other meetings and conferences as it may deem necessary; (b) to employ and fix the compensation within prescribed limits of such temporary professional and clerical staff as it deems necessary; and (c) to pay not in excess of $100,000 toward such expenses as may be involved as a consequence of holding any meetings or conferences authorized by subparagraph (a) above. Authorizes not to exceed $200,000 to be appropriated to the Department of State to carry out the purposes of this resolution, payments to be made upon vouchers approved by the Chairman of the delegation subject to the laws, rules, and regulations applicable to the obligation and expenditure of appropriated funds. Requires the delegation to make semiannual reports to Congress accounting for all expenditures and such other information as it deems appropriate. Provides that the delegation shall cease to exist at the expiration of the three-year period beginning on the date of the approval of this resolution.
United States · United States Congress · 18 January 1973
Expresses the sense of Congress that: (1) the level of supplies of home heating oil has not been adequate to meet the needs of homes across the Nation, and (2) the major cause of the inadequate supply of such oil is the limitation on imports of petroleum and petroleum products. Provides that, beginning on the date of enactment of this resolution, the limitation shall not apply to the importation of crude oil or number 2 fuel oil (home heating oil) until the ninety-first day after the date of enactment of this resolution (in the case of crude oil) or April 1, 1974 (in the case of number 2 fuel oil).
United States · United States Congress · 18 January 1973
Requires all meetings of all Standing, Joint, Special and Select Committees and their subcommittees of the Senate to be open to the public, except when the subject matter of the meeting involves the national security, and then only when a motion to meet in executive session shall be adopted by majority vote of the members of such committee who are present at the meeting; and except meetings of any committee or subcommittee in which testimony or evidence presented or considered may tend to defame, degrade or incriminate any person, in which case such testimony or evidence shall be received and considered in executive session, and then only when a motion to meet in executive session shall be adopted by majority vote of the members of such committee who are present at the meeting.
United States · United States Congress · 16 January 1973
Requires the President, when he impounds funds appropriated or otherwise obligated for a specific purpose or project, within ten days thereafter transmit to the Senate and the House of Representatives a special message specifying: (1) the amount of the funds impounded; (2) the date on which the funds were ordered to be impounded; (3) the date the funds were impounded; (4) any account, department, or establishment of the Government to which such impounded funds would have been available for obligation except for such impoundment; (5) the period of time during which the funds are to be impounded; (6) the reasons for the impoundment; and (7) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the impoundment. Requires the President to cease the impounding of funds set forth in each special message within sixty calendar days of continuous session after the message is received by the Congress unless the specific impoundment shall have been ratified by the Congress by passage of a resolution. Establishes rules of debate for such resolutions.
United States · United States Congress · 16 January 1973
Provides that there be printed for the use of the Committee on Post Office and Civil Service one thousand seven hundred additional copies of its committee print of the current Congress entitled "United States Government Policy and Supporting Positions."
United States · United States Congress · 11 January 1973
Designates specified lands, including the following, as wilderness in furtherance of the provisions of the Wilderness Act: (1) certain lands in the Bankhead National Forest, Alabama; (2) certain lands in the Ouachita National Forest, Arkansas; (3) certain lands in the Ozark National Forest, Arkansas; (4) certain lands in the Appalachicola National Forest, Florida; (5) certain lands in the Chattahooche and Cherokee National Forests, Georgia and Tennessee; (6) certain lands in the White Mountain National Forest, Maine; (7) certain lands in the Mark Twain National Forest, Missouri; (8) certain lands in the White Mountain National Forest, New Hampshire; (9) certain lands in the Nantahala and Cherokee National Forests, North Carolina and Tennessee; (10) certain lands in the Monongahela National Forest, West Virginia; (11) certain lands in the George Washington National Forest, Virginia and West Virginia; (12) certain lands in the Jefferson National Forest, Virginia; (13) certain lands in the Daniel Boone National Forest, Kentucky; (14) certain lands in the Sumter National Forest, South Carolina; (15) certain lands in the Green Mountain National Forest, Vermont; (16) certain lands in the Chequamegon National Forest, Wisconsin; (17) certain lands in the Clark National Forest, Missouri; and (18) certain lands in the Hiawatha National Forest, Michigan. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 11 January 1973
News Media Source Protection Act - States that the policy of the United States is to permit the flow of information from individuals through the media to the public with reasonable freedom from governmental intrusion, so that constitutional protection of a free flow of news is divested only when a compelling and overriding interest in the source of such information can be demonstrated. Sets forth the following procedural determinations needed prior to any consideration of compulsory disclosure of news media sources: (1) a demonstration that there is probable cause to believe a crime has been committed, and that the testimony sought is directly relevant to a central issue in that criminal allegation; and (2) a demonstration that no reasonable alternative for obtaining the testimony is available. Extends the protection of this Act to any legitimate member of the professional news media, including an individual regularly engaged in gathering, collecting, photographing, filming, writing, editing, interpreting, announcing, or broadcasting local, national, or worldwide events or other matters of public concern, or public interest, or affecting the public welfare, for publication or transmission through a news medium. Describes the sources of writtin, oral or pictorial information or communication to which protection under this Act is assured. Provides that no legitimate member of the professional news media shall be held in contempt, or adversely prejudiced, before any grand jury, agency, department, or commission of the United States or by either House of or any committee of Congress for refusing to disclose information or communication as to news media sources. States that where a person seeks disclosure of any news media information or communication from a person who is a legitimate member of the professional news media and who refuses to make such disclosure in a proceeding before any Federal court of the United States, such person seeking disclosure may apply to a United States district court for an order providing such disclosure. Requires such application to state in writing the name of any specific individual from whom disclosure is sought, the specific nature of the source or content of information sought, the direct relevance of such evidence, and any information demonstrating that such evidence is not reasonably available by alternative means. Allows appeals as a matter of rights, of any order entered pursuant to an application under this Act, and permits a stay of such order. Provides that an application for disclosure shall be granted when the applicant has established that the person seeking protection of a source is not a legitimate member of the professional news media, or that the information sought is not a news media information source, or information or communication affecting a news media source. Permits the granting of an application for disclosure when: (1) the applicant has established that the source to be disclosed is of substantial and direct relevance to a central issue of the action; (2) the applicant is able to demonstrate that the source is not reasonably available by alternative means; and (3) the action which is the subject of the court proceeding is murder, forcible rape, aggravated assault, kidnaping, airline hijacking, or when a breach of national security has been established. Allows a person to waive rights and protections afforded under this Act.
United States · United States Congress · 11 January 1973
New England States Fuel Oil Act - Authorizes the importation of No. 2 home heating oil, without regard to the existing quota system on petroleum products, for the purpose of residential heating in the New England States and authorizes the creation of a Northeast Oil Area. Removes the restrictions on the import of No. 2 home heating oil into the New England States. Directs the Secretary of State to undertake negotiations with the Government of Canada to eliminate all trade restrictions in petroleum and petroleum products between the United States and Canada and for the establishing of a "Northeastern Regional Oil Area" consisting of Eastern Canada and the New England States. Directs the Secretary to report to Congress within one year, and each year thereafter until the negotiations are successful.
United States · United States Congress · 9 January 1973
Establishes a special ad hoc committee of the Senate to study the classification of Government documents to be composed of ten members, five from the majority and five from the minority party. Provides that the majority leader shall be the chairman. Exempts any member appointed under the provisions of this resolution from the provisions of the Reorganization Act relating to limitations on committee service. Authorizes the committee to conduct a study and to report its findings and recommendations to the Senate, by June 30, 1973, on all questions relating to the secrecy, confidentiality, and classification of Government documents committed to the Senate, or any Member thereof. Authorizes the committee to propose guidelines with respect to the laws and rules relating to secrecy, confidentiality, and classification of Government documents and the authority therefor.
United States · United States Congress · 4 January 1973
Health Maintenance Organization and Resources Development Act - Declares that the purpose of this Act is to assist in improving the system for the delivery of health care through encouragement of and support for the planning, development, and initial operation of health maintenance organizations, health service organizations, and area health education and service centers, particularly with the intent to improve the health of populations in medically underserved areas. Title I: Health Maintenance Organizations - Part A: Support of Health Maintenance Organizations - Sets forth definitions of terms used in this title. Authorizes the Secretary of Health, Education, and Welfare to make grants to public or private nonprofit agencies, organizations or institutions to assist in projects for planning or studying the feasibility of developing or expanding health maintenance organizations. Provides that no project may receive more than $250,000 in such grants. States that the Secretary shall give priority to those applicants that give assurances that at least thirty percent of their total enrollment shall be persons from medically underserved areas. Authorizes to be appropriated for such grants $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit agency, organization, or institution to assist it in meeting the costs of projects to initially develop a health maintenance organization before it begins actual operation. Provides that no project may receive more than $1,000,000 in such grants. States that priority will be given to those applicants who assure the Secretary that at least thirty percent of their total enrollment will come from medically underserved areas. Specifies the uses for such grant funds. Authorizes to be appropriated for such grants $50,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit health maintenance organization or any public or private nonprofit agency, organization, or institution intending to become a health maintenance organization to: (1) assist in meeting construction costs for ambulatory care facilities; and (2) assist in meeting capital investment costs for necessary transportation equipment. Provides that special consideration will be given to those applicants for grants to acquire or renovate existing facilities. Provides that no project may receive more than $2,500,000 in construction grants. States that priority will be given to those applicants who assure the Secretary that at least thirty percent of their total enrollment will come from medically underserved areas. Authorizes to be appropriated for such grants $74,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to public and private nonprofit health maintenance organizations to assist them in meeting operating deficits incurred during their first three years of operation. Provides that such grants may be made only after the Secretary has determined that the applicant has made reasonable attempts to meet his operating expenses. Authorizes to be appropriated for such grants $59,400,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to assist any public or private nonprofit health maintenance organization or any public or private nonprofit agency, organization, or institution intending to become a health maintenance organization to assist it in meeting the cost of constructing facilities for ambulatory care and transportation services. Provides that applications for loans to acquire or renovate existing facilities will be given special consideration. States that a loan for any project under this section may not exceed ninety percent of the costs. Authorizes to be appropriated for such loans $74,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Provides that appropriations for such loans, loan repayments, and other receipts in connection with construction loans shall be placed in a revolving fund to be used by the Secretary for such loans and other expenditures. Authorizes the Secretary to make loans to any public or private nonprofit health maintenance organization to assist it in meeting a portion of its initial operating costs in excess of its gross revenues (as determined by regulation). Authorizes to be appropriated for such loans $59,400,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Part B: Supplemental Health Maintenance Organizations - Directs the Secretary to make grants and loans to supplemental health maintenance organizations from funds appropriated under this Act in amounts not to exceed 17.5 percent of the amounts appropriated for 'regular' health maintenance organizations. Title II: Support of Health Service Organizations - Declares that it is the purpose of this title to assist in the establishment of health service organizations and area health education centers primarily directed at defined rural population groups which are characterized by a lack of medical care services. Authorizes the Secretary to make grants to public or private nonprofit agencies, organizations, or institutions to assist them in meeting the costs of projects to plan or study the feasibility of developing or expanding a health service organization. Provides that no project may receive more than $250,000 in such grants. Provides that grant funds awarded shall be available for expenditure by the grantee for no more than two years. Authorizes to be appropriated for such grants $10,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit entity to assist it in meeting the cost of a project to initially develop a health service organization before it begins actual operation. States that no project may receive more than $1,000,000 in such grants. Provides that grant funds shall be used to: (1) implement an enrollment campaign; (2) design and arrange for the provision of health services; (3) develop administrative and internal organizational arrangements; (4) recruit personnel and conduct training activities; and (5) pay architects' and engineers' fees. Authorizes to be appropriated for such grants $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit health service organization to: (1) assist in meeting construction costs for those ambulatory care facilities (or portions of such facilities) that will be used to provide health services to its enrollees; and (2) assist in meeting capital investment costs for necessary transportation equipment that will be used to improve access to health services for its enrollees. States that special consideration will be given to those applicants for grants who acquire or renovate existing facilities. Provides that no project may receive more than $2,500,000 in construction grants under this section. Authorizes to be appropriated for such grants $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to public or private nonprofit health service organizations to assist them in meeting operating deficits incurred during their first three years of operation. States that such grants may be made only after the Secretary has determined that the applicant has made reasonable attempts to obtain funds from other sources. Authorizes to be appropriated for such grants $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to assist any public or private nonprofit health service organization or any public or private nonprofit agency, organization, or institution intending to become a health service organization to meet the costs of constructing facilities for ambulatory care and transportation services. Provides that such facilities must be used by the health service organization to provide health services to its enrollees. Provides that applications for loans to acquire or renovate existing facilities will be given special consideration. States that a loan for any project under this section may not exceed ninety percent of the costs. Authorizes to be appropriated for such loans $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to any public or private nonprofit health service organization to assist it in meeting a portion of its initial operating costs in excess of its gross revenues (as determined by regulation). States that such loans (with respect to any project) may not exceed: sixty percent of such excess operating costs for the first year; forty percent of such excess operating costs for the second year; and twenty percent of such excess operating costs for the third year. Authorizes to be appropriated for such loans $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Title III: Area Health Education and Service Centers and General Requirements - Authorizes the Secretary to make grants to university health centers or to regional medical programs to assist them in meeting the costs of developing area health education and service centers. Specifies the uses for such grant funds. Authorizes to be appropriated for such grants: $25,000,000 for fiscal year 1974; $50,000,000 for fiscal year 1975; and $75,000,000 for fiscal year 1976. Authorizes the Secretary to make grants to university health centers or regional medical programs to assist them in constructing and equipping educational facilities to be used by area health education and service centers. Provides that the Secretary may award such grants only after determining that applicants are unable to receive assistance for such purposes under titles I and II of the Medical Facilities Construction and Modernization Amendments of 1970 (Hill-Burton Act) and title IX of the National Housing Act. Authorizes to be appropriated for such grants: $10,000,000 for fiscal year 1974; $20,000,000 for fiscal year 1975; and $25,000,000 for fiscal year 1976. Requires any loan made by the Secretary to bear interest at rates comparable to prevailing current interest rates for loans guaranteed under this title. States that no payment of principal on a loan is required until five years after the loan is made. Provides that loans may not be made unless the applicant gives the Secretary reasonable satisfaction of his ability to make payments of principal and interest when due and gives reasonable assurances that it will have such additional funds as are necessary to complete the project for which the loan is requested. Authorizes the Secretary, between January 1, 1974, and June 30, 1976, to: (1) guarantee loans made by non-Federal lenders to health maintenance organizations, health service organizations, and university health centers; and (2) pay interest subsidies on loans made by non-Federal lenders to private nonprofit health maintenance organizations, health service organizations, university health centers, and regional medical centers. Provides that loan guarantees and interest subsidies may be made to assist health maintenance organizations and health service organizations to carry out construction projects for ambulatory care facilities and necessary transportation equipment; to meet their initial development costs for three years; or to meet their operating costs for three years. Requires that the term of a loan for which a loan guarantee and interest subsidy is sought shall not exceed twenty-five years (if for construction) or fifteen years (if for operating costs), or such shorter period as the Secretary may prescribe. Requires an applicant to give assurances that it will keep and afford access to such records as the Secretary may require and make such reports containing such information and in such form as the Secretary may require. Requires that loan guarantees and interest subsidies be subject to such further terms and conditions that the Secretary determines are necessary. Authorizes the United States to recover amounts of its payments under a loan guarantee from the applicant unless the Secretary, for good cause, waives such right and upon making any payment the United States shall be subrogated to all the rights of the recipient of payments with respect to which the guarantee was made. Establishes in the Treasury a Health Maintenance Organization, Health Service Organization and Area Health Education and Service Center Loan Guarantee and Interest Subsidy Fund to enable the Secretary to discharge his responsibilities under loan guarantees and to make payments of interest subsidies. Authorizes to be appropriated from time to time such sums as may be necessary to provide amounts required by the Fund. Provides that, if at any time sums in the Fund are insufficient, the Secretary is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and under such terms as the Secretary may prescribe with the approval of the Secretary of the Treasury. Requires applications for assistance under this title to be submitted to and approved by the Secretary. States that applications must be submitted in such form and manner, and contain such information as the Secretary may prescribe. Requires recipients, upon completion of assistance under this title, to make a full and complete report to the Secretary describing the plans, developments, and operations in the areas enumerated in this title. Requires health maintenance organizations, health service organizations, or university health centers receiving assistance under this title to submit to the Secretary continuing assurances of financial responsibility; development and operation consistent with terms of this title and plans contained in the application; and other matters as prescribed by regulation. Requires an application for grants, loans, loan guarantees or interest subsidies to contain assurances that the applicant will enroll the maximum number of persons it will be able to serve effectively. Provides that it cannot enroll more than fifty percent of its enrollees from medically underserved areas (except in rural areas) as designated by the Secretary. Provides that such assistance may not be made unless the applicant demonstrates that it will or has met such conditions and that these conditions will be maintained. Authorizes the Secretary to terminate or cancel (after a hearing) any grant, loan, loan guarantee, or interest subsidy made to a health maintenance organization, health service organization, or university health center that is in substantial non-compliance with the material provisions of this title or after notice from the Commission on Quality Health Care that such organization has had its certificate of compliance suspended or revoked. Establishes in the Treasury a Health Maintenance Trust Fund to enable the Secretary to make grants or enter into contracts with health maintenance and health service organizations for annual capitation payments authorized under this title. Allows health maintenance organizations and health service organizations, as well as organizations and providers that receive Quality Health Care Initiative Awards, to provide health care services in States, regardless of specified restrictive provisions in State laws. States that any health care provider which is certified by the Commission on Quality Health Care Assurance is eligible to apply for a Quality Health Care Initiative Award. Authorizes to be appropriated to carry out the provisions of this section $100,000,000 for fiscal year 1974; $300,000,000 for fiscal year 1975; and $500,000,000 for fiscal year 1976. Authorizes the Secretary to make annual grants to health maintenance or health service organizations that provide health services to those individuals who cannot afford to pay the entire amount of a health maintenance or health service premium. Provides that individuals who cannot meet the entire expense of a health maintenance or health service premium will be expected to contribute a reasonable portion (as determined by the Secretary). States that the amount of such annual grants shall be equal to the difference between the maximum amount (as determined by the Secretary) an enrollee could reasonably be expected to pay toward the health maintenance, supplemental health maintenance or health service organization premium and the premium for membership enrollment in such health maintenance, supplemental health maintenance or health service organization for each person enrolled. Provides that such grants shall not exceed twenty-five percent of the total premium receipts for such health maintenance, supplemental health maintenance or health service organization for the next preceding year. Authorizes to be appropriated to make such grants $150,000,000 for fiscal year 1974; $375,000,000 for fiscal year 1975; and $700,000,000 for fiscal year 1976. Provides that where a health maintenance, supplemental health maintenance, or health service organization proposes an increase in its premium rate and the Secretary determines that such increase is due in whole or in part to fulfillment of the requirement for open enrollment, in that such organization has in its enrolled population a disproportionate number of high-risk enrollees, the Secretary shall make annual grants to such organization equal to an amount that would eliminate the need for that part of the proposed premium increase caused by such disproportionate number of high-risk enrollees in such organization. Authorizes to be appropriated to carry out the provisions of this section $100,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $350,000,000 for fiscal year 1976. Title IV: Commission on Quality Health Care Assurance - Commission on Quality Health Care Assurance Act - Establishes a Commission on Quality Health Care Assurance as an independent agency in the Executive Branch. States that the Commission shall consist of eleven members who because of their experience or education are particularly qualified to serve. Provides that membership shall include representatives of the health care delivery industry, private organizations developing quality health care standards and consumers who are not related to the delivery of health care. Sets forth the duties and administrative powers of the Commission. Allows a health care provider covered under the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 to apply for an order to permit it to be temporarily out-of-compliance with a quality health care standard. Authorizes the Commission to grant the order if the applicant: (1) is unable to comply with the standard because personnel or equipment are unavailable, or necessary construction cannot be completed by the standard's effective date; and (2) has an effective program for coming into compliance with the standard as soon as possible. Requires providers to keep records of their activities which are governed by this Act. States that such records must be made available to the Commission and to the Secretary. Authorizes the Commission to prescribe rules and regulations for inspecting a provider's records and facilities. Requires providers to publish descriptions of any health care benefit plan covered under this Act. States that plan descriptions must be published within ninety days after the plan is established or when the plan becomes subject to the provisions of this Act. Authorizes the Commission to suspend the certificate of approval of any provider that is found, after a hearing, to be out-of-compliance with quality health care standards and suspend a provider's eligibility for assistance under this Act and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963. Provides that providers who have had certificates suspended for an unreasonable period of time (as determined by the Commission) shall have their certificates revoked and shall be responsible for repaying part or all of the amounts received under such Acts. Authorizes the Commission to arrange with such providers for reimbursement of such amounts. Provides that persons who make false statements on any document required under this Act, upon conviction, will be punished by a fine of not more than $10,000 or by imprisonment of not more than six months, or both. Authorizes providers of health care to enter into programs for the handling of malpractice claims which may arise out of the care and treatment of patients. States that such programs shall be based upon agreements between the patients and the providers of health care to submit all disputes, not settled to the satisfaction of both parties, to binding arbitration. Establishes procedures whereby the Commission may, by rule, promulgate, modify, or revoke any quality health assurance system criterion or norm. Provides that nothing in this Act shall prevent any State agency or court from asserting jurisdiction under State law over any health issue with respect to which no standard criterion, or norm is in effect under this Act. Requires any State which at any time desires to assume responsibility for the development and enforcement of health standards, criterions, or norms relating to any health issue with respect to which a Federal standard, criterion, or norm has been promulgated to submit to the Commission a State plan for the development of such standards, criterions, or norms and their enforcement. Provides that the Commission shall approve the plan submitted by a State if such plan meets requirements specified in this title. Makes provision for judicial review of an adverse decision by the Commission. Provides that the United States district courts shall have jurisdiction, upon petition of the Commission, to restrain any conditions or practices by a provider of health care which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures provided by this title. States that if the Commission arbitrarily or capriciously fails to seek relief under this section, any person, who may be injured by reason of such failure, or the representative of such person may bring an action against the Commission in the United States district court for the district in which the imminent danger is alleged to exist or the provider has its principal office, or for the District of Columbia, for a writ of mandamus to compel the Commission to seek such an order and for such further relief as may be appropriate. Authorizes to be appropriated for the carrying out of the provisions of this title $75,000,000 for fiscal year 1974; $100,000,000 for fiscal year 1975; and $110,000,000 for fiscal year 1976. Establishes a Federal Medical Malpractice Insurance Program, to be administered by the Commission on Quality Health Care. Requires the Commission to make medical malpractice liability reinsurance available to primary insurers of such liability to the extend that such primary insurers are liable for damages resulting from acts of an insured who holds a valid certificate of compliance in accordance with the requirements of this title. Provides that premium rates established by the Commission shall be: (1) uniform with respect to similar classifications of risks; (2) sufficient to provide adequate proceeds to pay all claims for probable losses over a reasonable period of years; and (3) exclusive of any loading for administrative expenses of the United States under this part. Authorizes the Commission to establish a Medical Malpractice Reinsurance Fund in the Treasury which shall be available: (1) to repay to the Secretary of the Treasury such sums as may be borrowed from him (together with interest) in accordance with the authority provided in this title; (2) to pay such administrative expenses (or portion of such expenses) of carrying out the reinsurance program as the Commission may deem necessary; and (3) to pay claims and other expenses and costs of the reinsurance program (including any premium equalization payments and reinsurance claims), as the Commission deems necessary. Title V: National Institute of Health Care Delivery - Establishes in the Department of Health, Education, and Welfare a National Institute of Health Care Delivery. Provides that the Institute shall carry out a multidisciplinary research and development program to improve delivery of health care services and shall be the principal agency in the Department to coordinate and cooperate with the Commission for the improvement of health care in the United States. Provides that the Director and Deputy Director of the Institute shall be appointed by the President, by and with the consent of the Senate. Authorizes the Director to appoint not to exceed four Assistant Directors. Provides that it shall be the function of the Institute to pursue methods and opportunities to improve and advance the effectiveness, efficiency, and quality of health care delivery in the States, regions, and communities of the United States through initiation and support of studies, research, experimentation, development, demonstration and evaluation of areas and subjects set forth in this title. Provides that the Institute shall: (1) develop methods for, and support of, training of individuals to plan and conduct research, development, demonstrations, and evaluation of health care delivery and related services; (2) provide technical assistance and development of methods for the transfer of new knowledge, components, and systems to public and private agencies, programs, institutions, and individuals engaged in the improvement of health care delivery; and (3) collaborate with governments and private care institutions and programs in foreign countries for the exchange of information and support of research, experiments, demonstrations, and training in order to advance health care delivery in the United States and cooperating nations. Sets forth the administrative powers of the Director under this title. Provides that where funds are advanced for a single project under this Act by more than one Federal agency the Director may act for all in administering the funds advanced and a single non-Federal share requirement may be established according to the proportion of the funds advanced by each Federal agency. Provides for the transfer of research funds from other Government departments and agencies, with the approval of the head of the department or agency involved, for such use as is consistent for the purposes for which the funds were provided. Transfers the National Center for Health Services Research and Development from the Health Services and Mental Health Administration to the Institute. Authorizes the President, for a period of two years after the date of enactment of this title, to transfer to the Institute any functions of the Department of Health, Education, and Welfare which relate primarily to the functions, powers and duties of the Director, as described by this title. Establishes a National Advisory Council on Health Care Delivery to be composed of twenty-one members. States that the Council shall consist of the Secretary of Health, Education, and Welfare, the Chief Medical Officer of the Veterans' Administration, a medical officer designated by the Secretary of Defense, the Administrator of the Health Services and Mental Health Administration, the Director of the National Institutes of Health and the Director of the National Institute of Health Care Delivery, who shall be ex officio members, and fifteen members, who are not otherwise full-time employees of the United States, to be appointed by the President. Provides that the appointed members shall be: (1) leaders in the field of medical science, or in the organization, delivery or financing of health care; (2) leaders in the management sciences; and (3) representatives of the consumers of health care. Provides that the Council shall: (1) review programs, policies, and priorities of the Institute and centers established under this Act and advise the Director on the development and conduct of the programs of the Institute and centers; (2) examine and coordinate health care delivery efforts in cooperation and coordination with the Commission within the Department of Health, Education, and Welfare and other Federal departments and agencies so as to avoid duplication; and (3) assure that significant research and development findings of the Institute and centers are being disseminated to the health care system, and evaluate the extent such findings are making an impact on the health care delivery system. Provides that the Director shall, within one year after the date of his appointment and prior to February 1 of each year thereafter, prepare and submit a written report to the Secretary for his transmittal to the President and the Congress. Authorizes to be appropriated for the purpose of carrying out the provisions of this title (except for the provisions dealing with regional and special emphasis centers) the sums of $125,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $200,000,000 for fiscal year 1976. Provides that any unexpended sums may be carried over without fiscal year limitation. Authorizes the Director to enter into cooperative arrangements with public or private nonprofit agencies or institutions to pay all or part of the cost of planning, establishing, and providing operating support for: (1) not to exceed eight regional centers to carry out multidisciplinary research and development in health care delivery; (2) the Health Care Technology Center which shall focus on all forms of technology and its application in health care delivery; and (3) the Health Care Management Center which shall focus on the improvement of management and organization in the health field, the training and retraining of administrators, and the development of leaders, planners and policy analysts in such field. Provides that Federal support shall not exceed $2,000,000 per year per center, except for the Health Care Technology Center, and such support may be funded for an initial period of not to exceed three years. Authorizes to be appropriated for the purpose of providing such support $30,000,000 for fiscal year 1974; $35,000,000 for fiscal 1975; and $40,000,000 for fiscal year 1976. Provides that any unexpended sums may be carried over without fiscal year limitation. Authorizes the Director to provide funds to be used to increase the Federal contribution to research and demonstration projects, which have been designated by the National Advisory Council as essential, above the maximum level of Federal contributions otherwise authorized by any applicable law. Provides that the increased Federal contribution shall not exceed eighty precent of the cost of such projects. Provides that not to exceed ten percent of the funds authorized by this title shall be available for such grants.
United States · United States Congress · 4 January 1973
Older Americans Comprehensive Services Amendments - Title I: Declaration of Objectives - States that the general purpose of this Act is to make available comprehensive health, education, and social service programs to our older citizens. Title II: Administration on Aging - Establishes in the office of the Secretary of Health, Education, and Welfare, an Administration on Aging to carry out this Act. Declares that the Commissioner on Aging shall be the principal officer of the Administration. Establishes within the Administration on Aging a National Information and Resource ClearingHouse for the Aging to collect, review, organize, publish, and disseminate information and data related to the particular problems caused by aging, including information describing measures which are or may be employed for meeting such problems. Establishes the Federal Council on the Aging to advise and assist the President as he may direct on matters relating to the special needs of Older Americans; to assist the Commissioner on Aging in carrying out his functions under this Act; to review and evaluate programs of the Federal Government and to make recommendations to the President, the Secretary of Health, Education, and Welfare, the Commissioner, and Congress on policies and programs for the aged. Provides that, not later than one hundred and twenty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President for transmittal to the Congress a complete report on the activities carried out under this Act. Title III: Grants for State and Community Programs on Aging - Prescribes standards and procedures for the establishment by the several States of State and area social service programs to concentrate resources in order to develop a greater capacity and foster development of comprehensive systems to serve older persons, to include services designed to assist older Americans in avoiding institutionalization. Authorizes appropriations totalling $600,000,000 for such programs for fiscal years 1973, 1974, and 1975. Provides that the Commissioner shall not finally disapprove any State plan, or any modification thereof, without first affording the State reasonable notice and opportunity for a hearing. Title IV: Training and Research - Directs the Commissioner to make grants to State agencies and educational institutions for the purpose of: (1) publicizing available opportunities for careers in the field of aging; (2) encouraging qualified persons to enter or re-enter the field of aging; (3) encouraging persons from other professions to undertake assignments on a part-time basis in the field of aging; and (4) assisting in covering the cost of courses of training or study in the field of aging. Authorizes the Commissioner to conduct a study of the transportation problems of older Americans, with emphasis upon solutions that are practicable and can be implemented in a timely fashion. Authorizes the appropriation of $7,500,000 for fiscal year 1973, $15,000,000 for fiscal year 1974, and $20,000,000 for fiscal year 1975 for purposes of such transportation studies and demonstration projects. Authorizes the Commissioner to make grants for the purpose of: (1) establishing multidisciplinary centers of gerontology to recruit and train personnel; (2) conducting basic research on the problem of the aged; (3) providing consultation to public and voluntary organizations; and (4) creating opportunities for research projects with respect to aging. Authorizes appropriations of $15,000,000 for fiscal year 1973, $20,000,000 for fiscal year 1974, and $25,000,000 for fiscal year 1975, for the purposes of attracting personnel to, and training personnel in, the field of aging; and for research and development projects. Authorizes appropriations of $20,000,000 for the fiscal year 1973, $30,000,000 for fiscal year 1974, and $40,000,000 for fiscal year 1975, for establishing multidisciplinary centers of gerontology. Title V: Multipurpose Senior Centers - Authorizes the Commissioner to make grants to units of general purpose local government or other public or nonprofit private agencies to pay not to exceed 75 percent of the cost of leasing, altering, or renovating existing facilities to serve as multipurpose senior centers. Establishes standards to be followed by the Commissioner in making such grants and authorizes appropriations of $35,000,000 annually for fiscal years 1973-1975 to carry out the provisions of this section. Creates a Multipurpose Senior Center Insurance Fund to be administered by the Secretary of Health, Education, and Welfare to insure mortgages on multipurpose senior centers. Authorizes appropriations of $10,000,000 for fiscal year 1973, and for each of the next two succeeding fiscal years for the purpose of making grants to meet the costs of compensation of professional and technical personnel for the initial operation of multipurpose senior centers. Title VI: National Older Americans Volunteer Program - Provides that no compensation paid to individual volunteers under the Retired Senior volunteer program under the Older Americans Act shall be considered income for any purposes. Authorizes appropriations for such program in the amount of $20,000,000 for fiscal year 1973, $30,000,000 for fiscal year 1974, and $40,000,000 for fiscal year 1975. Authorizes appropriations of $35,000,000 for fiscal year 1973, $45,000,000 for fiscal year 1974, and $55,000,000 for fiscal year 1975, for the continuation of the Foster Grandparent Program under the Older Americans Act. Title VII: Nutrition Programs - Provides, under the Older Americans Act of 1965, that the Secretary of Agriculture and the Commodity Credit Corporation may donate specified products acquired by them to a recipient of a grant or contract for providing nutritional services for the elderly. Title VIII: Amendments to Other Acts - Authorizes the Commissioner to make grants to States which have submitted a long-range program and an annual program for library services for older persons. Authorizes the Commissioner to make grants to institutions of higher education to assist such institutions in planning, developing, and carrying out programs specifically designed to apply the resources of higher education to the problems of the elderly. Directs the Commissioner to make grants to State and local educational agencies or other public or private nonprofit agencies for educational programs for elderly persons whose ability to speak and read the English language is limited and who live in an area with a culture different from their own. (Amends 42 U.S.C. 3001, 3011(b); 42 U.S.C. 3012(3), (4); 42 U.S.C. 3044; 42 U.S.C. 3044a, 3044b; Amends 20 U.S.C. 354, 355, 355nts; 20 U.S.C. 1504(a) (2); 20 U.S.C. 1505(a); 20 U.S.C. 1078; 20 U.S.C. 1209, 1210, 1211; 20 U.S.C. 954) Title IX: Community Service Employment for Older American - Older Americans Community Service Employment Act - Authorizes the Secretary of Labor to establish an older American community service program in order to promote useful part-time work opportunities in community service activities for unemployed low-income persons 55 years old or older who have poor employment prospects Makes provisions for allotment of funds to State, local and private organizations to further the purposes of the program. Authorizes appropriations of $100,000,000 for fiscal year 1973 and $150,000,000 for fiscal year 1974 to carry out this title. Title X: Middle-Aged and Older Workers Training - Middle-Aged and Older Workers Training Act - Authorizes the Secretary of Labor, through the Manpower Administration, to make loans and grants for manpower training, including on-the-job, institutional, residential, and other training, designed to upgrade the work skills and capabilities of middle-aged and older persons. Authorizes the Secretary to make such studies, rules and provisions as necessary to carry out this title. Authorizes the Secretary to carry out this title in fiscal year 1973 from funds otherwise available for similar programs. Authorizes appropriations in fiscal year 1974 of $100,000,000 for the purposes of this title.
United States · United States Congress · 4 January 1973
Provides for the preservation and promotion of the Connecticut River Valley through the establishment of a Connecticut Historic Riverway. Establishes the Mount Holyoke Riverway Committee to consult with the Secretary of the Interior on the development and administration of the valley. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 4 January 1973
Requires termination by July 1, 1975, of all weapons range activities conducted on or near the island of Culebra complex of the Atlantic Fleet Weapons Range. Prohibits funds from being appropriated by the Congress after such date.
United States · United States Congress · 4 January 1973
Opportunities Industrialization Assistance Act - Authorizes $100,000,000 for fiscal year 1974, $150,000,000 for fiscal year 1975, and $200,000,000 for fiscal year 1976 for the purposes of this Act. Provides that appropriations not obligated in one fiscal year may be obligated in the next fiscal year and that obligated funds may be expended for two years after obligations. Directs the Secretary of Labor to assist the States in the establishment and operation of opportunities industrialization centers designed to provide comprehensive employment services and job opportunities for low-income persons who are unemployed or underemployed. Requires assurances that residents of the area to be served participate in the planning and operation of the center and that local businessmen will be consulted as to its development and operation. Gives priority to programs in the inner-city areas with high unemployment or underemployment. Authorizes the Secretary to establish criteria for the equitable distribution of money to the States. Limits Federal financial assistance to 90 percent of the program costs. Permits contributions in excess of this percentage if the Secretary determines that this is necessary in furtherance of the objectives of this Act. Requires the Secretary to prescribe regulations to assure that these programs are operated in a manner designed to best fulfill the purposes of this Act. Directs the Secretary to include, in the annual Department of Labor report, information as to activities conducted under this Act.
United States · United States Congress · 4 January 1973
Education for all Handicapped Children Act - States that it is the purpose of this Act to insure that all handicapped children receive maximum special educational services not later than 1976, to insure that State and local education agencies fulfill their primary responsibilities in providing such services, and to provide financial assistance to the State and local educational agencies to enable them to provide such services. Sets forth definitions of terms used in this Act. Authorizes the Commissioner of Education to make grants pursuant to this Act for the purpose of assisting the States in improving and expanding educational services for the education of handicapped children at the preschool, elementary, and secondary school levels. Authorizes to be appropriated for fiscal years 1973 through 1977 such sums as may be necessary for carrying out the purposes of this Act. Sets forth a formula by which the sums appropriated pursuant to this Act shall be allotted. Provides that the Commissioner shall prescribe basic criteria to be applied by State agencies in approving applications for assistance under the State plan submitted under this Act. Provides that States desiring to participate in the program under this Act shall demonstrate to the Commissioner of Education that specific conditions have been met. Sets forth provisions which each State plan shall include. Provides that each participating State shall appoint an advisory panel which shall be broadly representative of individuals involved in the education of handicapped children. Sets forth the functions of such panel. Provides that the Commissioner shall report to the Congress annually regarding progress toward goals of this Act. Provides that the Federal share of programs pursuant to this Act shall be 75 percent. States that a maximum of 1 percent of the total of the grants paid under this Act for one year to a State agency may be paid to such agency by the Commissioner for the administration of this Act. Authorizes appropriations for this purpose.
United States · United States Congress · 4 January 1973
National Science Policy and Priorities Act - States the Congressional declaration that the total Federal investment in science and technology must be raised to an expenditure level which is adequate to the human needs of the nation; and that Federal programs for civilian research and engineering must be focused in such priority problem areas as health care, poverty, public safety, pollution, unemployment, productivity, housing, education, transportation, nutrition, communications, and energy resources. Title I: Science Policy and Priorities for Civilian Research and Engineering - Science Policy Act - Requires the National Science Foundation to identify, research, and report on priority areas of civilian research and engineering likely to contribute to the resolution of such national problem areas as stated above. Authorizes appropriations totalling $50,000,000 for fiscal years 1974-1976 for such purposes. Title II: Design and Demonstration of Civil Science Systems - Civil Science Systems Act - Authorizes the Foundation to initiate and support programs which use science, technology, and advanced analytical techniques, such as systems analysis, to design civil science systems which are capable of providing improved public services in such areas as health care delivery, public safety, public sanitation, pollution control, housing, transportation, public utilities, communications, and education. Establishes within, the NSF, the Civil Science Systems Administration to administer programs carried out under this title. Establishes the Civil Science Systems Advisory Council, composed of 31 members, 18 of whom shall serve for terms of 3 years and be chosen from the following areas: business, labor, engineers, social and behavioral scientists, environmental and other community groups, and consumers. Authorizes the Director of the Administration to conduct and contract for planning studies for the design and demonstration of civil science systems capable of providing improved public services. Authorizes contracts: (1) for the conduct of applied social research into the economic, sociological, political, legal, administrative, and psychological aspects of the design, development, and implementation of such civil science systems; and (2) for research, testing, and evaluation of such civil science systems which make use of advanced science and technology. Authorizes the Director to establish a computerized Civil Science Systems Information Service, which shall collect the information pertaining to civil science systems resulting from programs under this title, and shall provide information to interested Government, educational, and private organizations. Requires the Director, in conducting programs under this title, to maintain coordination with appropriate Federal, State, regional, and local governmental agencies. Authorizes appropriations for this title of $200,000,000 for fiscal year 1974, $400,000,000 for 1975, and $600,000,000 for 1976. Title III: Transition of Technical Manpower to Civilian Programs - Technical Manpower Transition Act - Authorizes the Foundation to plan and assist in the transition of scientific and technical manpower from research and engineering programs which have been terminated or significantly reduced to other civilian-oriented research and engineering activities. Establishes an Advisory Panel on Transition of Scientific and Technical Manpower to Civilian Programs, to be composed of 31 members, 18 of whom shall serve for terms of 3 years and be chosen from the following categories: engineering and natural sciences, economics and social sciences, industry, labor, public affairs and manpower training, and unemployed scientists, engineers, and technicians. Authorizes the Foundation to make grants: (1) for the conduct of research designed to study and appraise the social, economic, and managerial aspects of transition from defense research and engineering activities to civilian-oriented research and engineering activities; (2) for programs designed to facilitate the transition of scientific and technical activities to civilian programs at the State, local, or regional level; (3) for training programs for officers and employees of Federal, State, and local government who will be responsible for administering Government-assisted programs for civilian, social oriented research and engineering activities; (4) for establishing community conversion corporations which shall conduct civilian-oriented research and development activities focusing on the particular problems of the community where the corporation is located; (5) for job transition programs involving the hiring of unemployed scientists, engineers, and technicians to work on civilian-oriented projects for which they are not yet fully qualified; (6) for career transition fellowships to unemployed scientists, engineers, and technicians to enable them to pursue a course of study through which they can acquire specialized technical knowledge and skills in fields other than the ones in which they are already proficient; (7) for placement programs for unemployed or underemployed scientists, engineers, and technicians; and (8) for education programs which design courses and curriculums intended to prepare students for careers in civilian, socially oriented research and engineering activities, in areas such as pollution control, mass transit, solid waste disposal systems, public utilities, public safety systems, and health care technology. Authorizes to be appropriated to carry out this title $152,000,000 for fiscal year 1974, $203,000,000 for fiscal year 1975, and $205,000,000 for fiscal year 1976. Title IV: Protection of Pension Rights of Scientists and Engineers - Requires the Director of the National Science Foundation to develop recommendations for modifications of Federal procurement regulations to insure that scientists, engineers, and those employed under Federal procurement, construction, or research contracts or grants, shall be protected against forfeiture of pension or retirement benefits as a consequence of job transfers or loss of employment resulting from terminations or modifications of Federal contracts or procurement policies. Title V: General Provisions - Defines the terms used in this Act. Authorizes the Director to appoint additional personnel and advisory committees, and use the services of Federal, State, and local government organizations, to carry out the purposes of this Act. Makes provisions for the payment and withholding of funds under this Act. Requires records to be kept of costs by recipients of assistance under this Act. Provides for an audit of records of recipients of assistance. Requires provisions in grants or contracts under this Act governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the grant or contract is executed. Prohibits any Foundation employee from retaining or transferring any rights, under the patent laws or transfering any rights, under the patent laws of the United States, in any invention which he may produce in connection with performing his assigned activities and which is directly related to the subject matter thereof.
United States · United States Congress · 4 January 1973
Retirement Income Security for Employees Act - Title I: Organization - Establishes within the Department of Labor an Office of Pension and Welfare Plan Administration headed by an Assistant Secretary of Labor appointed by the President with Senate advice and consent. Provides that the functions, records and personnel of the Office of Labor Management Services Administration necessary for the administration of the Welfare and Pension Plans Disclosure Act are transferred to the Office of Pension and Welfare Plan Administration. Requires that, unless exempt, the provisions of the Act apply to any pension or profit-sharing-retirement plan established or maintained by an employer, a union, or both together in any industry or activity affecting interstate commerce. Requires administrators of pension and profit-sharing-retirement plans to file applications with the Secretary of Labor for registration of such plans. Title II: Vesting and Funding Requirements - Requires that no pension or profit-sharing-retirement plan may require, as a condition of eligibility to participate in the plan, a period of service longer than one year or an age greater than 25, whichever occurs later, except that any plan which provides 100 percent immediate vesting upon entry into the plan may restrict participation to those who have attained age 30, or three years of service, whichever occurs later. Authorizes the Secretary to defer, in whole or in part, applicability of the vesting provisions for a period not to exceed five years from the effective date of such requirements where a plan makes a showing that the vesting requirements would increase the employer's costs or contributions to the plan to an extent that substantial economic injury would result to the employer and to the interests of the participants. Requires the Secretary to promulgate regulations governing funding of multi-employer plans that cover a substantial portion of the industry or employees in a specific geographic area to assure that such plans are provided with sufficient assets to cover benefits under the plan. Title III: Voluntary Portability Program for Vested Pensions - Establishes a voluntary program known as the Voluntary Portability Program for portability of vested pension credits. Requires that, plans which are members of this program are required to pay, to a central portability fund administered by the Secretary, monies representing the value of the participant's vested rights when he is separated from the plan prior to retirement. Establishes a Voluntary Portability Program Fund under the supervision of the Secretary into which payments will be made in accordance with regulations prescribed by the Secretary under the portability program. Title IV: Plan Termination Insurance Program Established - Establishes a Private Pension Plan Termination Insurance Program administered by the Secretary, which requires plans to insure unfunded vested liabilities incurred prior to enactment of the Act, as well as after enactment of the Act. Requires the insurance program to insure participants against loss of vested benefits arising from plan termination. States that the Secretary shall make arrangements with employers on equitable terms for the reimbursement of insurance paid. Title V: Disclosure and Fiduciary Standards - Requires that annual reports filed are required to be accompanied by a certificate designating the Secretary as agent for service of process in any action arising under this Act. Restructures the Advisory Council on Employee Welfare and Pension Benefit Plans so that it will serve as an advisory council for both the WPPDA and the Retirement Income Security for Employees Act. Title VI: Enforcement - Empowers the Secretary to petition the Federal courts to compel a pension or profit-sharing-retirement plan to comply with the Act or effect recoveries of moneys which may be due under the Act. Sets forth criminal penalties for interference with the rights of a pensioner or his beneficiary. Title VII: Effective Dates - Sets forth the effective dates for the provisions in this Act.
United States · United States Congress · 4 January 1973
Vietnam Disengagement Act - Limits the use of funds appropriated under the Foreign Assistance Act of 1961 with respect to military actions in Indochina to the purpose of withdrawing all United States ground, naval, and air forces and protecting such forces as they are withdrawn. Requires the withdrawal of all United States forces from Vietnam, Laos, and Cambodia to be carried out within two months after the date of enactment of this act conditioned upon the release within the two month period of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting of all Americans missing in action who have been held by or known to such Government or such forces.
![Official portrait of Sen. Brooke, Edward W. [R-MA]](https://www.congress.gov/img/member/b000871_200.jpg)