United States · United States Congress · 18 April 1973
Retirement Benefits Tax Act - Sets minimum standards relating to funding eligibility and vesting. Defines "minimum funding standard" as the excess of the sum of (1) the normal cost of the plan for such year plus interest on the unfunded liability, computed under the funding method used to determine normal costs, 5 percent of the unfunded liability for nonforfeitable benefits under the plan (computed as the excess of the present value of the then accrued nonforfeitable benefits over the fair market value of the assets), and the total of the amounts determined under clauses (1) and (2) with respect to the plan for each of the preceding plan years beginning after December 31, 1973, over "the total of the amounts determined under clauses (1) and (2) with respect to the plan for each of the preceding plan years beginning after December 31, 1973, over "the total of the amounts contributed to or under the plan for each of the preceding plan years beginning after December 31, 1973. Outlines the criteria which must be met in order for a trust to qualify under this Act and defines the term "employee's accrued benefits". States that a trust has vested when an employee's rights to his accrued benefit derived from his own contributions are nonforfeitable (other than by reason of death), and his rights in at least 50 percent of such accrued benefit derived from employer contributions are nonforfeitable (other than by reason of death) as of the close of the first plan year in which the sum of his age and the period of his active participation in the plan equals or exceeds 35 years, and his rights in the remaining percentage of all of his accrued benefit derived from employer contributions become nonforfeitable (other than by reason of death) not less rapidly than ratably over the next succeeding 5 plan years". Defines those employees who are eligible as: (1) any employee who has not attained the age of 30 years and has a period of continuous service with the employer of 3 or more years; (2) any employee who has attained the age of 35 years but has not attained the age of 35 years and has a period of continuous service with the employer of 2 or more years; and (3) any employee who has attained the age of 35 years and who has a period of continuous service with the employer of 1 or more years. Allows a deduction under the Internal Revenue Code savings where an individual paid cash amounts: (1) to or under a qualified individual retirement account which is exempt from tax, if the individual established such account, (2) to an employees' trust which is exempt from tax for his benefit, (3) for the purchase of an annuity contract for the individual under a plan whichm meets specified requirements of, or (4) to or under a qualified bond purchase plan, for his benefit. Outlines special rules and limitation under this Act for persons over 70 l/2 years of age, married persons; employer contributions and recontributed amounts. Outlines those special rules and definitions applying to trusts qualifying as individual retirement account. Outlines those rules with respect to tax treatment of distribution from individual retirement accounts. Imposes for each taxable year on the assets of a qualified individual retirement account which is exempt from tax a tax equal to 10 percent of an amount which bears the same ratio to the fair market value of the total assets in such account at the beginning of the taxable year as the minimum amount required to be distributed during such year reduced (but not below zero) by the total amount actually distributed during such year by the account to the individual who established such account his or beneficiary bears to the minimum amount required to be distributed during such year. Directs that the tax imposed by this provision shall apply only for taxable years beginning after the taxable year in which the individual who established such account attains the age of 70 l/2 years. Establishes special rules for contributions on behalf of self-employed individuals and share holder-employees of electing small business corporations. Imposes a tax with respect to qualified pension profit sharing and stock bonus plans on each prohibited transaction at the rate of 5 percent of the amount involved with respect to the prohibited transaction for each year in the taxable period. Defines "prohibited transaction" as that term is set forth under the Welfare and Pension Plans Disclosure Act of August 28, 1958, as amended. Makes conforming amendments under this section. Outlines rules applicable to custodial accounts and excess contributions. Specifies those amounts from the employer's contribution which should be included in gross income by the employee.
United States · United States Congress · 16 April 1973
Provides that for purposes of the tax under the Internal Revenue Code on income of personal holding companies, the term "lending or finance business" shall not include the business of making loans, and so forth, with a maturity exceeding 120 months. (Amends 26 U.S.C. 542(d))
United States · United States Congress · 16 April 1973
Provides that in the case of a charitable contribution of inventory, by a corporation or by an association taxable as a corporation, to an organization operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, and exempt from taxation, the income tax deduction under the Internal Revenue Code for such contribution shall be reduced by only half the reduction required as the amount of gain which would not have been long-term capital gain if the property contributed had been sold by the taxpayer at its fair market value. (Amends 26 U.S.C. 170(e))
United States · United States Congress · 12 April 1973
United States Pacific Islands Surface Commerce Act - Provides that no strike or lockout in the longshore or maritime industry in the States of Washington, Oregon, or California shall be permitted to interrupt normal shipping from any port on the west coast to Hawaii, the Trust Territory of the Pacific Islands, Guam, or American Samoa or from Hawaii or any United States Pacific island to any port on the west coast for a period of 160 days beginning on the first day of the strike or lockout. Authorizes an employer, labor organization, or executive official of Hawaii and such United States Pacific islands to petition any United States district court having jurisdiction to issue an injunction or temporary restraining order to enforce this provision. Provides that employees working during this 160 day period shall receive in addition to regular wages, if strike or lockout is resolved, wages at a rate equal to the difference between the wage provided under the agreement which resolves the dispute and the wage received prior to resolution of the dispute.
United States · United States Congress · 10 April 1973
Provides for the repeal of subtitle H of the Internal Revenue Code of 1954 (relating to financing of Presidential election campaigns). Provides that any amount in the Presidential Election Campaign Fund established by the Internal Revenue Code shall be transferred to the General Fund of the Treasury one day after the enactment of this Act. (Repeals 26 U.S.C. 9001-9013)
United States · United States Congress · 10 April 1973
Exempts clubs organized for pleasure, recreation and other nonprofitable purposes, substantially all of the activities of which are for such purposes and no part of the net earnings of which inures to the benefit of any private shareholder, from taxation under the Internal Revenue Code of 1954. States that for the purpose of determining the unrelated business income of such an organization deductions allowed corporations on certain dividends shall be treated as not directly connected with the production of gross income. Provides that such deductions allowed shall not be allowed to any organization which takes a deduction attributable to furnishing services, insurance, goods, or other items of value to members.
United States · United States Congress · 5 April 1973
Rural Job and Business Development Tax Act - Allows a double investment credit under the Internal Revenue Code for property placed in service in rural areas which will assist in providing new employment opportunities. (Adds 26 U.S.C. 46(c)(5))
United States · United States Congress · 3 April 1973
Expresses the gratitude of the Congress to the President for attaining an honorable termination of the involvement of the United States in hostilities in Vietnam.
United States · United States Congress · 2 April 1973
Vocational Rehabilitation Amendments - Authorizes to be appropriated for carrying out the Vocational Rehabilitation Act, $697,482,000 for the fiscal year ending June 30, 1973, and $700,096,000 for the fiscal year ending June 30, 1974. Provides for the making of grants to public or nonprofit private agencies for paying part of the cost of planning, preparing for, and initiating programs to provide vocational rehabilitation services to individuals with spinal cord injuries or to low-achieving deaf individuals. Provides for grants to any State agency designated pursuant to a plan approved under this Act, or to any local agency participating in the administration of such a plan, for paying part of the cost of pilot or demonstration projects for the provision of vocational rehabilitation services to handicapped individuals who, as determined in accordance with regulations prescribed by the Secretary of Labor, are migratory agricultural workers, and to members of their families (whether or not handicapped) who are with them, including maintenance and transportation of any such individual and members of his family where necessary to the rehabilitation of that individual. States that whenever the Secretary of Health, Education, and Welfare determines that any amount of an allotment to a State for any fiscal year will not be utilized by such State in carrying out the purposes of this Act, he may make such amount available for carrying out the purposes of this Act to one or more other States to the extent he determines such other State will be able to use such additional amount during such year for carrying out such purposes. Provides for the inclusion of American Samoa and Trust Teritory of the Pacific Islands in State Programs. States that the State agency plan submitted for approval must provide satisfactory assurance to the Secretary that the State agency designated (or each State agency if two are so designated) and any sole local agency administering the plan in a political subdivision of the State will take into account, in connection with matters of general policy arising in the administration of the plan, the views of, among others, individuals who are recipients of vocational rehabilitation services, individuals who represent citizen groups, individuals who represent professional groups, and individuals who are providers of vocational rehabilitation services. Increases the training allowances under the Act from $25 or $30. Allows State agencies for the blind to act as State evaluation and work adjustment agencies under this Act. Provides that an individual who, as a part of his rehabilitation under a State plan approved under this Act, participates in a program of work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
United States · United States Congress · 29 March 1973
Authorizes the Secretary of the Treasury to make grants to the Hoover Institution on War, Revolution, and Peace at Stanford University, Stanford, California, on condition that the funds will be used for the construction of a new building, for the equipment of such building, and for the establishment of a capital fund administered by the Hoover Institution, the income from which shall be used for the purchase and processing of books and other documents for the library of the Hoover Institution. Authorizes to be appropriated to the Secretary of the Treasury for making grants under this Act amounts in which the aggregate will not exceed gifts, bequests, and devises of money, securities, and other property, made to the Hoover Institution on War, Revolution, and Peace after the date of enactment of this Act, except that the aggregate amount so appropriated shall not exceed $5,000,000.
United States · United States Congress · 27 March 1973
Provides that a person shall be subjected to the penalty of death for any offense prohibited by the laws of the United States only if a hearing is held in accordance with this Act. States that when a defendant is found guilty of or pleads guilty to an offense for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in this Act for the purpose of determining the sentence to be imposed. Provides that the hearing shll not be held if the government stipulates that none of the aggravating factors set forth in the Act exists or that one or more of the mitigating factors set forth in the Act exists. Provides that in the sentencing hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Sets forth rules of evidence to be used in such hearing. States that the jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in this Act. Provides that the jury or, of there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors set forth in the Act exists and that none of the mitigating factors set forth in this Act exists, the court shall sentence the defendant to death. States that if the jury or, if there is no jury, the court finds that none of the aggravating factors exists, or finds that one or more of the mitigating factors exists, the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted. States that the court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in the Act that at the time of the offense there existed one of the specified mitigating factors. Lists the mitigating factors which the courts are to recognize. Sets forth specified crimes and circumstances which shall be considered aggravating factors for the purposes of this Act. Makes conforming technical amendments.
United States · United States Congress · 27 March 1973
Provides that a qualified employee benefit trust shall have the tax characteristics of a charitable organization for purposes of income, estate, and gift taxes. Allows a tax deduction to corporations for the amount of dividends which they pay on stock held by qualified profit-sharing or stock bonus plan trusts, provided that the dividends are promptly paid over to the employees covered by the plan. Provides for an increase from 15 percent to 30 percent in the percentage limitation on the maximum annual tax-deductible contribution that can be made to a qualified employee benefit trust. Authorizes an additional tax deduction for a corporation making a contribution to a qualified profit-sharing or stock bonus trust where the trust pays off indebtedness incurred to purchase stock of the corporation. States that the amount of the special deduction would be 50 percent of the principal amount of the indebtedness paid by the trust during the taxable year of the corporation.
United States · United States Congress · 27 March 1973
Constitutional Amendment - Provides that nothing contained in the U.S. Constitution shall prohibit the several States and the District constituting the seat of government of the United States from providing for voluntary prayer in the public schools of that jurisdiction, nor shall it abridge the right of persons lawfully assembled in any public building to participate in voluntary prayer.
United States · United States Congress · 20 March 1973
Grand Canyon National Park Enlargement Act - Provides for the recognition of the entire Grand Canyon as a natural feature of national and international significance. Prohibits the transfer of any lands held in trust for any Indian Tribe. Establishes the Grand Canyon Zone of Influence which gives the Secretary of the Interior the authority to coordinate a protective management program for those lands adjacent to the Grand Canyon or affecting the environment of the Grand Canyon. Institutes programs for the recreational, historical and cultural development of the area, and authorizes cooperative agreements between the States, Indian Tribes, and the Federal Government for the regulation of the area. Provides for the Administration of wilderness land under the Wilderness Act. Authorizes those sums as are necessary for the carrying out of this Act.
United States · United States Congress · 19 March 1973
National Energy Research and Development Policy Act - Title I: Coordination and Augmentation of Federal Support for Research and Development of Fuels and Energy - Declares it to be the policy of the Congress to establish and maintain a national program of research and development in fuels and energy adequate to meet specified objectives. Establishes an Energy Research Management Project which shall have a Chairman appointed by the President, by and with the advice and consent of the Senate. Sets forth the duties of the Project, initiating: (1) to review the full range of Federal activities in and financial support for fuels and energy research and development, giving consideration to research and development being conducted by industry and other non-Federal entities, to determine the capability of ongoing research efforts to carry out the policies established by this Act and other relevant Federal policies, particulary the National Environmental Policy Act of 1969; and (2) to formulate a comprehensive energy research and development strategy for the Federal Government which will expeditiously advance the policies established by this Act. Provides that in evaluating proposed opportunities for particular research and development undertakings pursuant to this title, the Management Project shall assign priority to types of projects listed in this title. Requires the President not later than five years from the date of this Act, if the authorities and duties of the Management Project are not reassigned to a permanent agency in the interim, to report to the Congress on his evaluation of the progress of fuels and energy research and development and his recommendation for further management of the Federal research and development programs. Provides that the Chairman shall keep the Congress fully and currently informed of all of the Management Project's activities and shall submit to the Congress an annual report. States that neither the Chairman nor any other member of the Management Project or his employees may refuse to testify before the Congress or to submit information to the legislative or appropriations committees of either House of the Congress. Authorizes to be appropriated $10,000,000 annually for the administrative expenses of the Management Project. Authorizes to be appropriated not to exceed $800,000,000 for the fiscal year ending June 30, 1974, and, subject to annual congressional authorizations, $800,000,000 for each of the four following fiscal years to carry out the provisions of this title with respect to energy research and development. Title II: Establishment of a Coal Gasification Corporation - Establishes the Coal Gasification Development Corporation. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more most technically, environmentally, and economically feasible methods for manufacturing substitute natural gas from coal. Authorizes the Corporation to design construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a fullscale, commercial-size facility to manufacture substitute natural gas from coal by such method. Provides that the Corporation shall transmit to the President of the United States and the Congress, annually, commencing one year from the date of the enactment of this Act, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this title. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $6,000,000, and for each of the next nine succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title III: Establishment of a Shale Oil Development Corporation - States that it is the policy of the Federal Government to bring into being the technology for commercial development of shale oil as quickly as possible by establishing a Government-industry program jointly managed and funded to demonstrate commercial methods of producing environmentally acceptable fuels from shale oil. Establishes the Shale Oil Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select on the basis of the best engineering information available, the two or more technically, environmentally, and economically feasible methods for producing a syncrude from shale oil. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a full-scale, commercial-size facility to produce a syncrude from shale oil by such method. Requires the Corporation to transmit an annual report to the President and the Congress and at such time to submit such legislative recommendations as it deems desirable. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $5,000,000 and for each of the next seven succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title IV: Establishment of an Advanced Power Cycle Development Corporation - Establishes the Advanced Power Cycle Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more most technically, environmentally, and economically feasible methods for producing electricity at high efficiencies using advanced power cycles with minimum adverse environmental impacts using coal. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible a full-scale commercial-size facility to produce electricity from coal by such mehtod. Authorizes to be appropriated to the Corporation for fiscal year 1974, the sum of $6,500,000, and for each of the next nine succeeding fiscal years, such sums as may be necessary. Title V: Establishment of a Geothermal Energy Development Corporation - Establishes the Geothermal Energy Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation, on the basis of the best geologic information and after field exploration, to select suitable sites for the construction of two or more demonstration installations to develop technologies for the generation of steam and electric power from geothermal resources. Authorizes the Corporation to operate a full scale commercial-size facility to produce electricity from geothermal energy. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $8,000,000, and for each of the next fourteen succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title VI: States that it is the policy of the Federal Government to bring into being the technology for commercial development of coal liquefaction processes as quickly as possible by establishing a Government-industry program jointly managed and funded to demonstrate commercial methods of producing synthetic liquid petroleum products from coal. Establishes the Coal Liquefaction Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more technically, environmentally, and economically feasible methods for producing synthetic liquid petroleum products from coal. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasiblity thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a full-scale, commercial-size facility to produce synthetic fuel from coal by such method. Authorizes to be appropriated to the Corporation, fiscal year 1974, the sum of $7,500,000, and for each of the next eleven succeeding fiscal years, such sums as may be necessary to carry out the provisions of this title.
United States · United States Congress · 14 March 1973
Redefines under Internal Revenue Code of 1954 the tax gain or loss treatment intended for guaranteed renewable life, health, and accident insurance contracts in the case of life insurance companies. (Amends 26 U.S.C. 809 (d) (5))
United States · United States Congress · 14 March 1973
Forbids any person importing articles from foreign countries to knowingly sell such articles at prices substantially less than their actual market value or wholesale price, at the time of importation, in the principal markets of the producing country or other foreign countries, after adding to the wholesale price or market value costs of importation, if such sale would injure industry or labor in the United States or would prevent the establishment of an industry in the United States or would restrain United States commerce. Increases the fine for violation of this provision to $50,000. Broadens subpena powers of courts hearing proceedings under this Act. Considers this Act part of the United States antitrust laws. (Amends 15 U.S.C. 72)
United States · United States Congress · 13 March 1973
Provides that any provision or requirement in any building code or other local law or ordinance, or in any contract or agreement, or any practice or other restraint which interferes with or restricts the use of new or improved techniques, methods, or materials or the use of preassembled products in connection with any development, construction, rehabilitation, or maintenance activity assisted under any program administered by the Secretary of Housing and Urban Development shall be unlawful with respect to such activity. Provides that any person who is aggrieved because of any provision or requirement in any building code or other local law or ordinance, or because of any contract, agreement, practice, or other restraint unlawful under this Act may bring a civil action in any appropriate United States district court notwithstanding any other provision of law and without regard to the amount in controversy.
United States · United States Congress · 8 March 1973
Deep Seabed Hard Mineral Resources Act - Authorizes the Secretary of the Interior to administer the provisions of this Act. Provides that no person subject to the jurisdiction of the United States shall directly or indirectly develop any portion of the deep seabed except as authorized by license issued pursuant to this Act or by a reciprocating State. Authorizes the Secretary to issue fifteen year licenses recognizing rights to develop the deep seabed block designated in such license. Provides that a license shall be issued by the Secretary to the first qualified person who makes written application and tenders a fee of $5,000 for the block specified in the application. Provides that no license shall be issued under this Act for any portion of the deep seabed: (1) which has been relinquished by the applicant under license issued by any State within the prior three years; (2) which is subject either to a prior application for a license or an outstanding license under this Act or from a reciprocating State; (3) which if licensed would result in the applicant holding under licenses issued by any State or States more than 30 percent of that area of the deep seabed which is within any circle with a diameter of one thousand two hundred and fifty kilometers where the licensed area consists of surface blocks and one hundred twenty-five kilometers where the licensed area consists of subsurface blocks; or (4) which if licensed would result in the United States licensing more than 30 percent of such area. Requires the licensee to make minimum annual expenditures for the development of each licensed block until commercial recovery from such block is first achieved. Provides that the licenses shall relinquish 75 percent of such block within ten years of the date any block is licensed. Provides for the establishment of a fund for assistance to developing reciprocating States. Provides that licenses issued under this Act may be made subject to any international regime for development of the deep seabed hereafter agreed to by the United States. Requires the United States, on payment of a premium by the licensee, to guarantee to reimburse the licensee for certain losses caused through license infringement by another party. Provides that minerals recovered pursuant to this Act shall be deemed to have been recovered within the United States for purposes of the import and tax laws and regulations of the United States. Provides that any willful violation of the license protections of this Act shall be a misdemeanor punishable by up to six months imprisonment, a fine of $2,000, or both. Provides that the United States district court shall have jurisdiction to enforce the license rights under this Act, and the United States court of appeals shall have jurisidiction to review the rulings of the Secretary under this Act.
United States · United States Congress · 8 March 1973
Occupational Safety and Health Act Amendments - Requires that when a proposed rule, which would establish a new occupational safety and health standard, or which would affect an existing standard, is published in the Federal Register, it shall be accompanied by a statement summarizing its economic impact on affected employers, including an estimate of the total cost which would be incurred by employers in each affected industry in complying with such rule. Provides that after a violation of an occupational safety and health standard has been abated an employer need not continue to post the citation for such violation at or near the site of the violation. Establishes a procedure whereby an employer receiving a citation can obtain a variance from the standard violated by persuading the Secretary that work procedures in operation at the time of the citation are equally effective in protecting his employees. Changes from mandatory to permissive the assessment of fines for serious violations. States that determining whether a fine should be assessed, due consideration would be given to the gravity of the violation, the good faith of the employer and the history of previous violations. Requires the Secretary of Labor to provide advice and technical assistance through consultation at the work sites of employers who have 100 or fewer employees, and who request such assistance.
United States · United States Congress · 6 March 1973
National Health Care Act - Title I: Findings and Declaration of Purpose - States that: (1) America confronts a critical testing of its capacity to meet for all of its citizens one of the most basic of human needs, that of protecting and maintaining personal health; (2) every citizen of the United States of America should have access to quality health care, but too many Americans find it difficult to secure quality health care when they need it, where they need it, at prices they can afford; and (3) the nation needs systems of health care organization, delivery, and financing which combine the high scientific and technical competence of the medical and allied health professions; the flexibility, innovativeness, efficiency, and managerial skills of private enterprise; the legislative and fiscal capacities of government at all levels; and the potentialities of consumer and community participation in developing and maintaining such systems of health care. Declares the purposes of this Act to be to improve the organization, delivery, and financing of health care for all Americans by increasing health personnel, promoting ambulatory care, strengthening health planning, establishing national standards of health care benefits, encouraging provision of such benefits through comprehensive health care insurance, and by assisting persons of low income or in poor health to secure that insurance. Title II: Provisions to Increase the Supply and Improve the Distribution of Health Care Personnel - Allows a medical student to borrow the full cost of tuition, fees, and reasonable amounts for room, board, books, supplies, and other related costs. Provides that the loan will be forgiven at the rate of 20 percent a year in return for practice in an area found by the Secretary of Health, Education, and Welfare and the appropriate State comprehensive planning agency to be in need of physicians, optometrists, or dentists. Authorizes, $100 million a year for fiscal years 1975, 1976, and 1977 for this purpose. Provides that loan provisions for student nurses are amended to allow loans covering the full cost of tuition, fees, and reasonable amounts for room, board, books, supplies and other related costs. Directs that up to half of the loan may be forgiven at the rate of 20 percent a year for service in a public or nonprofit private institution or agency and that up to 100 percent of the loan may be forgiven at the rate of 33 1/3 percent a year for appropriate service in an area designated as having a substantial shortage of nurses. Authorizes, $75 million a year for fiscal years 1975, 1976, and 1977 for this purpose. Provides that scholarship grants may, in accordance with regulations of the Secretary of Health, Education, and Welfare, be awarded according to the needs of the individual, up to the full cost of his tuition, fees, books, equipment and living expenses. Authorizes for this purpose $10 million for fiscal year 1973, $30 million for fiscal year 1974, and $50 million a year for fiscal years 1975, 1976, and 1977. Allows loans for students in the allied health professions covering the full cost of tuition, fees, and reasonable amounts for room, board, books, supplies, and other related costs. Provides that up to half of the loan may be forgiven at the rate of 20 percent a year for service in a public or nonprofit private institution or agency and that up to 100 percent of the loan may be forgiven at the rate of 33 1/3 percent a year for appropriate service in an area designated as having a substantial shortage of allied health professionals. Authorizes $7.5 million for fiscal year 1973, $15 million for fiscal year 1974, $40 million for fiscal year 1975, $60 million for fiscal year 1976, and $75 million for fiscal year 1977 for this purpose. Includes junior colleges, colleges and universities which offer training in health care center administration or curriculums providing the allied health-professionals needed to operate comprehensive ambulatory health care centers under the training grant provisions of the Public Health Service Act. Establishes a new program of special project grants to help education institutions meet the cost of developing curriculums and training programs to develop the skills needed to administer and staff comprehensive ambulatory health care centers. Authorizes $10 million for fiscal year 1973, $25 million for fiscal year 1974, $40 million for fiscal year 1975, and $50 million a year for fiscal years 1976 and 1977 for this purpose. Establishes a program of Federal grants to medical personnel in return for service in urban and rural areas of critical need to alleviate the maldistribution of health care personnel. Authorizes the Secretary of Health, Education, and Welfare to contract with individual health professionals who agree to provide health care services for a period of at least two years in an area designated by the Secretary, upon recommendation of the appropriate State comprehensive health planning agency as having a critical need for those services. Provides that the amount of the grant is that amount which, when added to the recipient's income from providing health care services for each contract year, provides a total income equal to 110 percent of the national annual median income for persons of comparable education and training, or 110 percent of his earnings from providing health care services in the previous year, whichever is greater. Provides that in determining the precise amount of the grant, the Secretary may consider such factors as he deems relevant. Requires that he must consider, however: (1) the national median annual income for the applicant's profession; (2) the cost of living in the area of need; (3) the background, training, and education of the applicant; (4) the amount of income the applicant can reasonably expect to receive from service in the area; (5) the number of persons of the applicant's profession needed in the area; and (6) where appropriate, cost of equipment, supplies, and facilities. Title III: Comprehensive Ambulatory Health Care Centers - Provides grants to comprehensive ambulatory health care centers. Sets up a special category of grants to comprehensive ambulatory health care centers which offer a greater range of medical services than current law now specifies for "out-patient facilities" grants. Revises the declaration of purpose of title VI of the Public Health Service Act to recognize specifically the concept of a comprehensive ambulatory health care center. Provides that for fiscal years commencing after June 30, 1973, an additional $200 million is provided hereunder in grant authority to be used for the construction of comprehensive ambulatory health care facilities, or the modernization of such existing facilities. Provides this sum through a new allotment category which is separate from existing allotment categories for construction and modernization of hospitals and other medical facilities. Provides that a portion of the funds available for grants hereunder be used to assist nearly-constructed facilities to pay initial start-up and operation expenses during the first three years of operation of such centers. Directs that funds available for the construction and modernization of comprehensive ambulatory health care centers will be allotted to the several states on the same basis as allotments are now made for construction of hospitals and other medical facilities. Provides that transfers from allotments for the construction and modernization of comprehensive ambulatory health care facilities to allotments for the construction of other types of facilities are not authorized. Permits carryovers of unused allotments from one fiscal year to the other. Requires that priorities for awarding grants to comprehensive ambulatory health care centers be given to proposed facilities in densely populated areas now lacking such facilities. Provides that in its evaluation of the health needs of its citizens, the State health planning agency would be required to determine as part of its planning process the number of comprehensive ambulatory health care centers needed in the State and a plan for distribution of such centers. Requires the adoption of a program providing for construction of those comprehensive ambulatory health care centers identified as needed in its State plan, or for modernizing such existing facilities. Adds comprehensive ambulatory health care centers to the list of types of health facilities from which recovery of Federal funds may be made by the Federal Government from facilities which no longer qualify. Adds comprehensive ambulatory health care centers to the list of types of facilities which qualify for Public Health Service Act loans, guarantees and interest subsidies for construction or modernization of health facilities. Defines comprehensive ambulatory health care centers to emcompass only facilities which provide a wide range of preventive, diagnostic and treatment services for ambulatory patients and thus relieve overutilization of general hospitals and make health care more accessible. Title IV: Provisions To Strengthen Health Care Planning - Provides that beginning in 1974, the President shall make a health report to the Congress no later than July 1 of each year on the status of the nation's health needs and health care system with a program for meeting those needs. Creates a three-man Council of Health Policy Advisers in the Executive Office of the President, its members appointed by the President with the advice and consent of the Senate. Authorizes the Council to hire officers, employees and such experts and consultants as may be needed. Requires the Council to make an annual health report to the President not later that April 1 of each year, starting in 1974, to be transmitted to the Congress as a supplement to the next Health Report of the President to the Congress. Provides that in its first report to the President the Council shall specifically review and advise the President on health programs. Requires the Council to develop and recommend goals for a national health policy to promote efficiency, eliminate waste and duplication in the utilization of health facilities and resources, and to recommend specific programs to streamline and consolidate health manpower programs. Directs the Council to consult with the National Advisory Health Council, and other advisory councils or committees as well as such representatives of the private sector as it deems advisable and to utilize the services, facilities and information of other public and private organizations to the fullest extent to avoid unnecessary overlapping or duplication of effort. Provides that the chairman shall be compensated at the rate of Level II and the other members at the rate of Level IV of the Executive Schedule Pay Rates. Authorizes such sums as are needed to enable the Council to function, not to exceed $1 million in any fiscal year. Requires every agency of the Federal Government to include, to the fullest extent possible, in each report on proposals for legislation or other major Federal action significantly affecting health or the health care system, the impact of the proposal on the nation's health care system, adverse effects, alternatives, the relative priority established by the Council of Health Policy Advisers, and any irreversible or irretrievable commitments of resources involved. Provides that prior to making this report the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise relative to the health impact of the proposal. Provides that these comments, with comments of appropriate Federal, State and local agencies, shall be made available to the President, the Council, and the public, and shall accompany the proposal through the existing agency review process. Provides that these provisions shall not affect the obligations imposed on Federal agencies by other Federal status. Adopts for purposes of the entire Public Health Service Act the definition of "appropriate comprehensive health planning agency" provided in this bill. Provides that in order to qualify for the comprehensive health planning grants currently provided by section 314 of the Public Health Service Act, a State plan for comprehensive State health planning must, in addition to existing requirements, provide for the project certification procedures established by this Act. Increases the funds authorized for project grants for areawide health planning to $60 million for fiscal year 1973, and $100 million for fiscal years 1974 and 1975. Directs that to be eligible for the grants the agency must be prepared to function as the "appropriate comprehensive health planning agency" for the area or region. Requires the agency to be prepared to play a strengthened role in coordinating areawide health affairs, including the determination of health needs, capital expenditures programs, cooperative use of facilities, optimum use of available manpower and improved management techniques. Requires the agency to provide for consultation with the areawide health planning council and other groups, for the representation of health care facilities and physicians for enlisting public support, and for educating the public concerning the proper use of facilities and services available. Provides that in the case of applications for Federal grants, loans, or other financial aid involving more than $100,000 which require certification by the appropriate comprehensive health planning agency, the application may be approved by the Secretary only after he is satisfied that the review provisions of this section have been met. Requires that the agency have reasonable opportunity to review and comment on the application, and has certified to its essential need and high priority. Provides that if the "appropriate comprehensive health planning agency" is a metropolitan or other local planning agency, that agency, after reviewing the application, must have communicated its comments to both the applicant and the State agency. Directs the State planning agency to make its own determination that the application fits in with the State's overall needs and priorities as expressed in the State plan. Requires that if two or more States are involved, each State agency must make a separate certification as to the need and priority of the project in its State. Provides that in the case of a project affecting an entire State, the appropriate comprehensive health planning agency is the agency designated in the State plan. Provides that in the case of a project affecting a region, metropolitan area, or other local area, the appropriate comprehensive health planning agency is the areawide comprehensive health planning agency or such other public or nonprofit private agency determined in accordance with regulations to be performing the required health planning functions. Title V: Provisions to Make Comprehensive Health Care Insurance Available to All - Contains provisions designed to accomplish three major objectives: (1) to establish minimum nationwide standards for individual health care benefits; (2) to establish a system of nationwide health care insurance, utilizing both privately and publicly financed plans, which will assure that every individual requiring medical care will have the funds required to pay the cost of the care when his need for it arises, irrespective of his economic status; and (3) to control the cost and quality of medical care to the consumer by strengthening controls over the prices charged by institutional and individual providers of medical care that may be exercised by the public and private insurers who pay the providers' charges. Prescribes minimum national standards for the health care of all individuals. Requires that benefits paying for not less than the health care required under the minimum standards must be included in private or State established health care plans as a condition of eligibility for the federal tax or other public financial assistance accorded under this bill. Permits additional benefits and allows a qualified private health care plan to provide for a covered individual's payment of medical expenses exceeding established "deductible" and "co-payment" standards. Permits qualifying health care plans to include various other "optional" provisions. Assures that the minimum standards of health care required to be provided to needy and uninsurable individuals will be no less than those required for others. Requires the timing of benefit implementation to be faster under publicly assisted plans for needy and uninsurable individuals than under private qualified plans. Bars higher co-payments for ambulatory-treatment of a given condition than for institutional treatment of the same condition. Assigns one of three "priority designations" to each of the benefits in the Table of Minimum Standard Healthcare Benefits and requires benefits in the several priority categories to be phased-in in accordance with a schedule prescribed in the law. Provides that to permit the flexibility required to deal with unexpected shortfalls in development of the health care facilities and services needed to deliver the care covered by a particular benefit, the President is empowered, under restricted conditions stated in the law, to defer the scheduled time for phase-in of benefits that have not become mandatory at the time he acts. Revises the Internal Revenue Code to restrict the Federal income tax deduction otherwise allowable to an employer for any amount paid or incurred by the employer for medical care of any employee or his dependents. Restricts this deduction to 50 percent of the described expense for medical care of the employee prior to 1975, 75 percent for 1976 and 100 percent for all time after 1976. Provides that if the employer establishes and maintains a Qualified Employee Healthcare Plan, the restriction will not apply, and 100 percent of the described expense is deductible. Applies such provisions to taxable years after December 31, 1974, except that, in the case of any employer plan providing medical care for employees which was established pursuant to a collectively-bargained agreement, the restrictions on the deduction will not apply until the expiration of the agreement, or December 31, 1976, whichever occurs first. Requires that each Qualified Employee Healthcare Plan provide at least the Minimum Standard Healthcare Benefits described in this Act and be in writing, adopted by the employer, and communicated to his employees. Provides that substantially all active full-time employees must be eligible to be covered, and the coverage must continue upon certain terminations of employment or certain temporary absences of the employee. Requires that a coordination of benefits provision be included in a qualified plan to avoid costly duplication of coverage and also the plan must permit eligible employees to seek coverage instead from any approved health maintenance organization in cases in which specified conditions are satisfied. Allows 100 percent of medical care insurance premiums as an income tax deduction, if such expenses are paid by an individual who is covered by a Qualified Individual Healthcare Plan, a Qualified Employee Healthcare Plan, or a Qualified State Healthcare Plan. Requires that each Qualified Individual Healthcare Plan provide at least the Minimum Standard Healthcare Benefits described in this Act. Requires that a qualified individual insurance contract contain provisions which obligate the insurer to renew the policy, and allows covered dependents to continue their coverage under the policy after the death of the insured as if he were still alive. Adds a new title XX to the Social Security Act to provide for the establishment of publicly subsidized health care insurance plans on a State by State basis. Provides that each State will have a health insurance pool, which all private entities in that State (both profit and non-profit) which currently indemnify the cost of health care would be required to underwrite. Directs that one or more private insurance carriers will be designated by the State to administer the State plan on a retention accounting basis. Provides that these State plans will guarantee that Minimum Standard Healthcare Benefits are made available to individuals and families who previously were unable to purchase health care insurance, either because of their low income or their extremely poor health. Provides that in order to encourage a State to establish a plan, federal appropriations otherwise payable to the State pursuant to titles V and XIX of the Social Security Act are conditioned on the State's having in operation a Qualified State Healthcare Plan. Provides that individuals or families who are eligible to receive public cash assistance under a program financed in whole or in part by federal funds will be enrolled in the State plan automatically, and without cost. Permits those individuals who are financially capable of procuring health insurance, but who are uninsurable because of poor health, to enroll in the State plan at their own expense; however, these individuals may not be charged more than the established rate for other individuals enrolled in that State plan. Provides that enrollment of other individuals and families who had low incomes the previous year (less than $4,000 for single individuals, less than $6,000 for a family of two, and less than $8,000 for a family of three or more) is voluntary. Allows such individuals and families to elect to be enrolled once each year and requires them to make modest contributions toward the cost of insuring their own health care, depending on the size of their family and the amount of their income. Requires no assets or other means tests. Provides that the premiums to be charged for each policy year under a State plan will be actuarially determined in each State, and for each family size risk category. Directs that if the established premiums are found to be unjustifiably high within a particular State, the Secretary of Health, Education, and Welfare may direct a reduction in the federal appropriation for the State's premium cost. States that each State has the primary obligation to provide the uncontributed premium costs for its plan; but if the State implements and utilizes controls which are designed to promote the delivery of lower-cost higher-quality institutional health care services, if it exempts Qualified State Healthcare Plan transactions from State taxation, and if it eliminates discriminatory State tax treatment of health care insurers, then the State will receive federal appropriations reimbursing it for a percentage of its total uncontributed premium cost. Provides that the base figure may be between 70 and 90 percent, depending on the State's per capita income, but further adjustments to this percentage may be made if instituitonal rates charged in any particular State for health care services are unjustifiably high in comparison with other States. Gives States the authority to review in advance the rates to be charged by health care insitutions for their services, and to refuse to approve these rates for payment under the State plan. Controls the cost and quality of health care services provided by physicians and other medical practitioners in each State. Provides that a professional service, otherwise covered by these State plans, shall be reimbursed only if it falls within professionally established utilization guidelines or is found to be necessary health care by a qualified peer review committee. Asserts that no charge for a necessary service shall be reimbursed to the extent that it exceeds the prevailing charge in a locality for similar services. Provides that if the premiums collected and other monies received under the State plan are not sufficient to pay the claims incurred and the other costs of operating the State plan, the private underwriters of the plan shall bear the losses to the extent of 3 percent of the premiums collected for that year. Directs the State to bear the excess losses which will be reimbursed by a federal appropriation for that portion of the excess losses equal to the base federal percentage for that State's premium cost. Provides that enrollment is not available to those individuals or families covered under a Qualified Employee Healthcare Plan; enrollment. Makes provisions to protect the federal government against having to bear such part of the cost of a Qualified State Healthcare Plan as may be attributable to a State's decision to have the plan provide greater benefits than the minimum required for qualification under title XX. Provides that applicants for enrollment in the State plan must provide and certify all information required to make an eligibility determination. States that any Federal or State agency may be required to furnish information deemed by the administering carrier to be necessary to verify eligibility. Revises title V of the Social Security Act (Maternal and Child Health and Crippled Children's Services) to avoid unnecessary and costly duplication of federally subsidized health care programs. Excludes payment for items and services now covered under title V, if they also would be covered under a Qualified State Healthcare Plan. Provides that title V will continue to pay for items and services which are not covered by Qualified State Healthcare Plans. Revises section 1837 of title XVIII of the Social Security Act to remove existing limitations on Medicare Part B enrollment which might prevent otherwise eligible State plan enrollees from qualifying for Qualified State Healthcare Plan coverage. Requires each State which has a Qualified State Healthcare Plan to pay the premium for supplementary medical insurance benefits under Part B of title XVIII of the Social Security Act for individuals and families who are eligible to enroll in the Part B program and who are also eligible to receive public cash assistance under a federally financed program. Revises section 1843 of title XVIII to allow a State to enter into an agreement with the Secretary of Health, Education, and Welfare pursuant to which all of these indigent State plan enrollees will be enrolled under the program established by Part B of title XVIII. Revises title XIX of the Social Security Act (Grants to States for Medical Assistance Programs) to avoid unnecessary and costly duplication of federally subsidized health care programs. Provides that on July 1, 1973, or upon a State's establishment of a Qualified State Healthcare Plan, whichever occurs first, payment for items and services now covered under title XIX would be excluded if they also would be covered under a Qualified State Healthcare Plan. Directs that title XIX will continue to pay for items and services which are not covered by Qualified State Healthcare Plans. Establishes standards for strengthening controls over the quality and cost to enrollees for health care service provided by physicians or other medical practitioners and for health care services rendered to State plan enrollees in health care institutions. Provides that these standards shall apply to determine "reasonable cost" under the existing federally subsidized health care programs established by title V, XVIII, and XIX of the Social Security Act. Requires that the premiums and other monies received pursuant to the operation of a Qualified State Healthcare Plan will, to the extent feasible, be invested by the administering carrier in interest-bearing obligations and other income-yielding securities. Exempts this interest or other income from federal income taxation. Requires insurance carriers to pool their efforts and resources to insure that all individuals and families will receive higher-quality, lower-cost health care benefits. Provides that these carriers will not be subject to Federal or State antitrust legislation solely as a result of their efforts to comply with the provisions of title V of the bill.
United States · United States Congress · 28 February 1973
Authorizes the Secretary of the Interior to grant rights-of-way through public lands for pipeline purposes for the transportation of oil or natural gas to the extent of the lands occupied by the pipeline and its appurtenances including but not limited to the line of pipe valves, pump stations, supporting structures, monitoring and communications devices, surge and storage tanks, terminals, and any other facility reasonably necessary for operation and maintenance of pipeline transportation. Permits the Secretary to authorize, in addition, those rights-of-way necessary for the pre-construction of such pipelines and to prescribe regulations regarding the use of such rights-of-way.
United States · United States Congress · 27 February 1973
Employee Strike Vote Act - Provides that it shall be unlawful and an unfair labor practice for a labor organization or its agents to call, continue or resume a strike if a majority of the employees have voted in a secret ballot referendum to accept the employer's current offer or if such a referendum has been requested before the strike begins and the result thereof has not been accepted. Provides that such a referendum may be requested by the involved labor organization and the employer or 10 percent of the members of such bargaining unit. Requires that no such referendum may be held until at least thirty days have elasped following any prior referendum. (Adds 29 U.S.C. 158(b)(8))
United States · United States Congress · 27 February 1973
Provides that under the National Labor Relations Act it shall be an unfair labor practice for an employer to refuse to bargain collectively with the representatives of his employees but such refusal will not be an unfair labor practice unless the representative of the employees have been certified as such under the provisions of the National Labor Relations Act. (Amends 29 U.S.C. 158(a)5)
United States · United States Congress · 26 February 1973
Indian Self-Determination and Educational Reform Act - Title I: Indian Self-Determination Act - Authorizes the Secretary of the Interior to enter into a contract or contracts with any tribal organization of any Indian tribe to plan, conduct, and administer programs, or portions thereof, of educational assistance, agricultural assistance, and social welfare. Authorizes the Secretaries of the Interior and of Health, Education, and Welfare to make a grant or grants to any tribal organization of any such Indian tribe for planning, training, evaluation, and other activities specifically designed to make it possible for such tribal organization to enter into contracts under this Act. Provides that the Secretaries may, upon the request of any tribal organization, detail any civil service employee serving under a career or career conditional appointment for a period of up to 180 days to such organization in the planning, conduct, or administration of programs under this Act. Authorizes the Secretaries to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act. Title II: Indian Educational Reform Act - Authorizes the Secretary of the Interior, for the purpose of providing education to Indians enrolled in the public schools of any State, to enter in contracts with any such State or political subdivision thereof, or with any Indian tribe. Provides that the Secretary shall not enter into any contract unless the prospective contractor has submitted to and has had approved by the Secretary an education plan which implies with requirements set forth in this title, including: (1) that all taxable property within each school district affected by any such proposed contract is taxed at a rate equal to the average property tax rate in the five most comparable school districts in such State which are not eligible for assistance under this Act; (2) that all funds which any such affected school district receives under the provisions of the Act of September 30, 1950 shall be considered local tax income for the purposes of this Act; and (3) that per capita payments of State and local education funds to any such affected school district are not less than the average of such payments made to such five comparable school districts in such State which are not eligible for assistance under this Act. Authorizes such appropriations as may be necessary for such programs. Authorizes the Secretary to establish and carry out a program of making grants to and contracts with institutions of higher education and other public or private nonprofit organizations or agencies with relevant experience and expertise in order to provide fellowships for the development of professionals in Indian education. Authorizes the Secretary to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. States that in order to provide meaningful and career-related work opportunities for Indian youth who are not enrolled in educational programs during the summer months, the Secretary is authorized to establish and carry out an Indian youth intern program for Indian students sixteen years of age or older who are regularly enrolled in secondary shcool, vocational school, or higher education programs during usual school terms. Authorizes the Secretary to undertake research and development in the field of Indian education. Provides that no project shall be funded until the Secretary is satisfied that the projects do not duplicate previous research projects.
United States · United States Congress · 26 February 1973
Transportation Crisis Prevention Act - Title I: Amendments to the Labor-Management Relations Act, 1947 Relating to Emergency Disputes in the Transportation Industry - Provides that the national emergency procedures of the Labor-Management Relations Act shall apply to a strike in the railroad, airline, maritime, longshore, or trucking industries if such strike or lockout imperils the health or safety of a substantial sector of the Nation. States that when a petition to enjoin such strike or lockout is sought it shall be heard by a three judge district court. Empowers the President to use, in additon to the basic emergency dispute provision of the Labor-Management Relations Act, new options for dealing with national emergency disputes in the transportation industries. States that the President may proceed under these options in such sequence as he may deem appropriate until it is certified by the Secretary of Labor that the dispute is settled. Provides that these optional procedures may be used if the transportation national emergency dispute was still unresolved after the 80-day cooling-off period provided in the Labor-Management Relations Act. Authorizes the President to extend the cooling off period, with continued bargaining between the parties, for a period of 15 days. Empowers the President to appoint a special board to determine whether and under what conditions a partial strike or lockout could take place without imperiling the national health or safety, or the health or safety of a substantial portion of the territory or population of the Nation and whether under such condtions, the partial strike would be of sufficient economic impact to encourage resolution of the dispute. Provides that if the special board determines that a partial strike or lockout is feasible, it shall issue an order specifying the extent and conditions of partial operation and if a partial strike or lockout is not feasible, the board shall submit a report to the President. Precludes the parties from interfering, by resort to strike or lockout, with a partial operation ordered by the special board. Provides that the board's order may be effective for up to 180 days. Authorizes the President to appoint a special board and to direct them to review the feasibility of partial operations. Permits any party or any member of the board to present to the board a plan defining the strike or lockout action that would be consistent with the public interest. Authorizes the board, after appropriate hearings in which the Government would be a party, to protect the public interest, and to adopt or modify the plan. Provides that, before approving the plan, the board would have to find that the partial strike or lockout is sufficiently extensive to encourage resolution of the dispute. Requires the parties to submit their final proposals for full resolution of the controversy following the 80-day cooling-off period. Provides that the parties shall be given 3 days in which to submit two final offers and that if any party fails to submit a final offer or offers, the last offer made during bargaining shall be deemed its final offer. Directs that following this submission, to the Secretary of Labor, the parties shall be required to meet and bargain for five days, with or without mediation by the Secretary. Provides that, as a second step, the parties shall be given an opportunity to select a panel to act as "Final Offer Selector" and that if the parties are unable to select the panel, a panel composed of three neutral members shall be appointed by the President. Asserts that the panel shall hold hearings and determine which of the final offers constituted the final and binding resolution of the issues. Provides that, in reaching its determination, the panel may not choose any settlement other than those represented by the final offers. Specifies the criteria to be used by the panel in reaching its decision. Provides that the panel's choice becomes the contract between the parties. Title II: Amendments to the Railway Labor Act - Abolishes the National Mediation Board and states that its functions shall be assumed and carried out by the Federal Mediation and Conciliation Service and the National Labor Relations Board. Provides for the discontinuance of the referral of disputes under the Railway Labor Act to the Adjustment Board and provides for their submission to arbitration in accordance with procedures set forth in this Act. States that the parties to a dispute shall have five days to reach a mutual agreement on the selection of an arbitrator and if they can not agree one shall be selected from a list submitted by the Federal Mediation and Conciliation Service through a process of alternate rejection. Provides that the method of arbitration set forth in this Act shall prevail with respect to disputes under the Railway Labor Act until such time as the collective bargaining agreements between the parties contain no-strike, no-lockout clauses and provisions for grievance machinery terminating in final, binding arbitration. States that the Adjustment Board shall be dissolved after it has processed to completion all of the disputes before it or upon two years from the effective date of this amendment to the Act, whichever first occurs. Provides that if all the disputes before the Board have not been processed to completion by the time of the Board's dissolution date, all such disputes shall be removed to the arbitration process set forth in this Act. Provides that all cases which are being mediated by the National Mediation Board on the effective date of this Act shall be transferred to the Federal Mediation and Conciliation Service no later than thirty days after the effective date of this Act. States that carriers and representatives shall give sixty days written notice of an intended modification of termination in agreements or arrangements affecting rates of pay, rules, or working conditions. Provides that the party desiring such change or termination shall simultaneously notify the Federal Mediation and Conciliation Service which shall commence appropriate mediation efforts. States that the parties shall continue in full force and effect all the terms and conditions of the existing agreement or arrangements for a period of sixty days after such notice is given or until the expiration date of the agreement, whichever occurs later, without resorting to strike or lockout or other economic coercion. Title III: Special Free Collective Bargaining Study Commission - Establishes the Special Free Collective Bargaining Study Commission to study labor relations in those industries which the Secretary of Labor has determined to be particularly vulnerable to national emergency disputes. Empowers the commission to study all the factors affecting labor relations in these industries and to make recommendations on the weaknesses of collective bargaining in the industries studied, including recommendations for legislation, if appropriate. Authorizes the Commission to study the operation of the revised emergency procedures. Title IV: Miscellaneous Provisions - Defines the jurisdictions in which such representatives of employees or carriers may be sued. Repeals the provisions of the Railroad Unemployment Insurance Act that makes strikers eligible for benefits if the strike is not in violation of the Railway Labor Act or of the rules of the labor organization of which he is a member. Disqualifies railroad workers who strike from unemployment insurance benefits in accordance with criteria in State unemployment insurance laws applicable to other industries. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 22 February 1973
Provides, under the Federal Trade Commission Act, that exclusive territorial arrangements in any trademarked licensing contract an agreement for the manufacture, distribution and sale of a trademarked food product shall not be deemed unlawful, provided: (1) that such product is in free and open competition with products of the same general class manufactured, distributed, and sold by others; (2) the licensee is in free and open competition with vendors of other products of the same general class; and (3) the licensor retains control over the nature and quality of such product in accordance with the provisions of the Trademark Act. (Amends 15 U.S.C. 41)
United States · United States Congress · 15 February 1973
Provides for the trial of unfair labor practice cases in U.S. district courts. Provides that the district courts of the United States, the district court of the Virgin Islands and the United States District Court for the District of the Canal Zone shall have jurisdiction to prevent any person from engaging in any unfair labor practice affecting commerce. Asserts that any person aggrieved by any such unfair labor practice may, within six months after the date on which such unfair labor practice occured, either: (1) file and prosecute such a complaint in any court having jurisdiction of the parties; or (2) file a charge of such unfair labor practice with the United States attorney for the appropriate district and request him to file and prosecute such a complaint. Directs that whenever a person aggrieved by an unfair labor practice is prevented by reason of service in the Armed Forces from filing a charge or complaint he may do so within six months after the date of his discharge. Provides that such proceedings shall be tried by the court without a jury. Provides that the Federal Rules of Civil Procedure shall apply in such proceedings. Asserts that, in any case in which the pleadings present issues of fact, the court may appoint a master and the order of reference may require the master to submit with his report a recommended order. Allows the court to grant such temporary relief or restraining order as it deems appropriate pending final disposition of any proceeding, but only after publicly hearing testimony of witnesses (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered; and only after findings of fact by the court to the effect: (1) that one or more acts constituting an unfair labor practice have been committed and will be continued unless restrained; (2) that substantial and irreparable injury to the complainant will follow; (3) that as to each item of relief granted greater injury will be inflicted by the denial of relief than will be inflicted by the granting of relief; and (4) that complainant has no adequate remedy at law.
United States · United States Congress · 8 February 1973
Permits the recomputation of retired pay for any member or former member of the Armed Services who was on active duty or in an active status before April 1, 1958, for a period of not less than 10 years, and who became or will become entitled to retired pay based upon age, length of service, or physical disability under the provisions of the Career Compensation Act of 1949. Provides that the Act shall not retroactively entitle any member or former member to additional retired or retainer pay. Provides that the Act shall not reduce the retired or retainer pay to which a member or former member was entitled before this enactment. States that eligibility for recomputation under this Act begins on the first day of the first month after the member or former member reaches 60 years of age.
United States · United States Congress · 8 February 1973
Provides for the repeal of the provisions of the National Housing Act and the United States Housing Act which require prevailing wage determinations under the Davis-Bacon Act for federally assisted housing.
United States · United States Congress · 8 February 1973
Repeals the following provisions of Federal law: (1) the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); and (2) all legislation which is subject to Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267). Provides that this Act shall take effect sixty days after its enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act.
United States · United States Congress · 8 February 1973
Authorizes the Secretary of the Interior to acquire through purchase from permitees or Apache Indian Tribe lessees having grazing rights within the so-called San Carlos Mineral Strip as of January 24,1969, any or all of their privately owned property, both real and personal, located within such area, taking title thereto in the name of the United States in trust for the San Carlos Apache Indian Tribe.
United States · United States Congress · 8 February 1973
Increases the percentage of moneys collected as grazing fees to be returned to the States for the benefit of the county or counties from which they were collected, from twelve and one-half percent to fifty percent. (Amends 43 U.S.C. 315(i))
United States · United States Congress · 7 February 1973
Bicentennial Advanced Technology Transportation System Demonstration Act - Directs the Secretary of Transportation to make a comprehensive study of a high-speed ground transportation system between Washington, District of Columbia, and Annapolis, Maryland, and a high-speed marine vessel transportation system between the Baltimore-Annapolis area in Maryland and the Yorktown-Williamsburg-Norfolk area in Virginia. Authorizes the construction of such system if such study demonstrates their feasibility. Authorizes necessary appropriations to carry out the provisions of this Act.
United States · United States Congress · 5 February 1973
Provides for the Federal incorporation of the Pop Warner Little Scholars, incorporated. Gives it corporate powers and provides for its principal office in Philadelphia, Pennsylvania. Sets forth its scope of activities and requires it to have a District of Columbia agent. Prohibits it from issuing stock or paying dividends. Requires the inspection of its books and records and grants it the exclusive right to name, emblems, seals and badges. Authorizes the acquisition of the assets of the Pennsylvania corporation of the same name. Requires the corporation to continue in compliance with the laws of Pennsylvania applicable non-profit organizations.
United States · United States Congress · 5 February 1973
Page, Arizona, Community Act - Provides for the incorporation of the Reclamation Townsite of Page, Arizona, Glen Canyon Unit, Colorado River Storage Project (presently under Federal ownership and operation), as a municipality under the laws of the State of Arizona. Authorizes the appropriation of up to $2,000,000 to carry out the purpose of this Act.
United States · United States Congress · 1 February 1973
Prohibits any labor organization from levying a fine on an employee for exercising rights under the National Labor Relations Act, including the right to engage in or refrain from such concerted activity not prohibited by the applicable collective-bargaining contract, or for giving testimony under the Act, or for carrying out the instructions of his employer not in conflict with the Act or with the terms of the applicable collective-bargaining contract. (Amends 29 U.S.C. 158(b)(1))
United States · United States Congress · 1 February 1973
Provides that upon the filing with the National Labor Relations Board of a petition in the appropriate bargaining unit or units involved in a strike which has been pending for thirty days or more in any industry affecting commerce, the Board shall conduct a referendum among the employees of such unit or units on the question whether such strike should be continued. Stipulates that if a majority of the employees voting in the referendum vote against the strike, the labor organization representing the employees shall order such employees to discontinue the strike and such strike shall not be resumed until at least ninety days have elapsed following the referendum. States that if a majority of those voting in the referendum vote in favor of the strike no subsequent petition may be filed under this Act until at least sixty days have elapsed following such referendum, and unless such subsequent petition has been signed by at least 30 percent of the employees in the appropriate bargaining unit or units involved in the strike. Provides that any employee who participates in a strike which has been continued, or resumed prior to the expiration of ninety days, after a majority of the employees in the appropriate bargaining unit or units involved in the strike voting in the most recent referendum conducted with respect to such strike under this Act shall have voted against such strike shall not during the existence of the strike or thereafter, unless reemployed or reinstated by the employer, be considered to be an employee of such employer for the purposes of the National Labor Relations Act or the Railway Labor Act.
United States · United States Congress · 1 February 1973
Provides that when an injunction has been issued in a national emergency situation prohibiting a labor strike or lockout, such injunction shall g be dissolved only upon settlement of the dispute (presently upon such settlement or upon secret balloting by the employees of employers involved). (Amends 29 U.S.C. 179(b), 180)
United States · United States Congress · 1 February 1973
States that no labor organization or employer shall be required to furnish, directly or indirectly, to the employer, in the case of a labor organization, or to the labor organization, in the case of an employer, materials, information, time, premises, meeting places, bulletin boards or other facilities to enable such other party to communicate with or reply to any communication with employees of the employer, members of the labor organization, its supporters or adherents. (Amends 29 U.S.C. 158(c))
United States · United States Congress · 1 February 1973
Establishes the National Commission on Social Security to consist of 9 members to conduct a continuing study, investigation, and review of: (1) the Federal old-age, survivors, and disability insurance program established by title II of the Social Security Act; and (2) the health insurance programs established by title XVIII of such Act. Provides that such study, investigation, and review of such programs shall include, but not be limited to: (1) the fiscal status of the trust funds established for the financing of such programs and the adequacy of such trust funds to meet the immediate and long-range financing needs of such programs; (2) the scope of coverage, the adequacy of benefits, and the conditions of qualification for benefits provided by such programs; (3) the impact of such programs on, and their relation to, public assistance programs, nongovernmental retirement and annuity programs, medical service delivery systems, and national employment practices; (4) the quality of the administration of such programs; and (5) any inequities which affect substantial numbers of individuals who are insured under such programs. Provides that the Commission shall meet at the call of the Chairman, or at the call of a majority of the members of the Commission; except that meetings of the Commission shall be held not less frequently than once in each calendar month which begins after a majority of the authorized membership of the Commission has first been appointed. Requires the Commission to submit an annual report of its study, investigation, and review of programs, together with its recommendations with respect to such programs, to the President and to the Congress. Authorizes the Commission to appoint an Executive Director of the Commission who shall be compensated at a rate fixed by the Commission, but which shall not exceed the rate established for level V of the Executive Schedule. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this joint resolution. Makes it the duty of the Health Insurance Benefits Advisory Council to provide timely notice to the Commission of any meeting thereof, and the Chairman of the Commission (or his delegate) shall be entitled to attend any such meeting. Repeals the Advisory Council on Social Security.
United States · United States Congress · 31 January 1973
Provides that whoever: (1) uses any firearm to commit a felony with respect to which the district courts of the United States have original and exclusive jurisdiction, or carries a firearm during the commission of any such felony, or (2) uses any firearm transported in interstate or foreign commerce or affecting such commerce to commit, or carries such a firearm unlawfully during the commission of any crime punishable by imprisonment for a term exceeding one year, and is convicted of such crime in a court of any State, shall, in addition to the punishment provided for the commission of such felony or crime, be sentenced to a term of imprisonment for not less than five years, nor more than ten years. States that in the case of his second or subsequent conviction, such person shall be sentenced to imprisonment for any term of years not less than ten, or to life imprisonment. Provides that the court shall not suspend the sentence in the case of any person convicted under this Act, or give him a probationary sentence, nor shall the term of imprisonment imposed under this Act run concurrently with any term of imprisonment imposed for the commission of such felony or crime. Reduces from twenty-one to eighteen the age limit for various provisions concerning firearms under chapter 44 of title 18 of the U.S. Code. Eliminates the requirement, with regard to the sale or delivery of ammunition, of obtaining the individual's name, age, and place of residence.
United States · United States Congress · 29 January 1973
Provides under the Occupational Safety and Health Act of 1970, that where a State has, on or before December 28, 1972, submitted a proposed State occupational safety and health standards plan, the Secretary of Labor may enter into an agreement with the State under which the State may enforce under the provisions of State law standards covering issues contained in such proposed plan pending final approval of such plan, or until December 28, 1973, whichever is earlier. (Amends 29 U.S.C. 667(a))
United States · United States Congress · 26 January 1973
Provides that whoever: (1) uses a firearm to commit any felony for which he may be prosecuted in a court of the United States; or (2) carries a firearm during the commission of any felony for which he may be prosecuted in a court of the United States, shall, in addition to the punishment provided for the commission of such delony, be sentenced for the additional offense defined in this Act to a term of imprisonment for not less than one year nor more than ten years. States that in the case of his second or subsequent conviction under this Act, such person shall be sentenced to a term of imprisonment for not less than two nor more than twenty-five years. Provides that the execution or imprisonment of any term of imprisonment imposed under this Act may not be suspended, and probation may not be granted. Provides that any term or imprisonment imposed under this Act may not be imposed to run concurrently with any term or imprisonment imposed for the commission of such felony.
United States · United States Congress · 26 January 1973
Requires that imported meat and meat food products made in whole or in part of imported meat must be labeled "imported" at all stages of distribution until delivery to the ultimate consumer, under the Federal Meat Inspection Act. (Amends 21 U.S.C. 620(a))
![Official portrait of Sen. Fannin, Paul J. [R-AZ]](https://www.congress.gov/img/member/f000013_200.jpg)