United States · United States Congress · 8 October 1973
Psychotropic Substances Act - Requires the Secretary of State, upon notification from the Secretary General of the United Nations that the World Health Organization has been given information, pursuant to the Convention on Psychotropic Substances, that may instify adding a substance to the schedules of the Convention, transferring a substance to another schedule, or deleting it from schedules, to notify the Secretary of Health, Education, and Welfare, who shall prepare for submission to the World Health Organization evaluations regarding proposed actions. Directs the Secretary, upon such notification to confer with the Attorney General and determine if existing legal controls meet the requirements of the schedule specified in such notification. Allows the Secretary to propose more stringent controls, even if requirements are being met, to propose scheduling of substances to meet requirements of the Convention, or procedures to remain in at least temporary noncompliance with such requirements. Requires the Attorney General to assure that minimal United States obligations to the Convention are met if procedures of noncompliance will take more than a time specified by the Convention. Requires the Attorney General to comply with the scheduling requirements if a review of such requirements, requested under the noncompliance procedures, by the Economic and Social Council of the United Nations results in support of such requirements. Requires manufacturers of psychotropic substances subject to the Convention to report to the Attorney General periodically. States that no international agreements on psychotropic substances shall be construed to: (1) require specific punishments for psychotropic substances offenses or to limit education and rehabilitation or punishment; (2) limit protection of confidentiality of patient records of research subjects; (3) modify the authority of practitioners and registered establishments to use and dispense narcotic controlled substances; or (4) prevent drug price communications to consumers.
United States · United States Congress · 26 September 1973
Provides that any regulations published or promulgated by the Environmental Protection Agency for grants for the construction of treatment works under the Federal Water Pollution Control Act, as amended, prior to the date of enactment of this joint resolution are hereby set aside and are declared to be of no legal effect and no moneys appropriated shall be distributed in accordance with such regulations. Requires the Administrator of the Environmental Protection Agency, within thirty days after enactment of this joint resolution, to publish and submit to the Congress regulations for grants for the construction of treatment works so as to effect an equitable allocation of appropriated funds among all qualified projects on which construction was initiated after June 20, 1966, but before July 1, 1972. Within thirty days of congressional session following the receipt of such regulations. Authorizes the Committee on Public Works of either House to report a resolution of disapproval of such regulations. Requires the Administrator of the Environmental Protection Agency, at the time such regulations are submitted to the Congress, to notify each State.
United States · United States Congress · 13 September 1973
Provides, under the Economic stabilization Act of 1970, that the President, in exercising authority with respect to retail pride levels, shall permit the passthrough of all increases in the cost of goods sold or services performed.
United States · United States Congress · 3 August 1973
Provides that whoever discloses any matter occurring before any grand jury impaneled before a court of the United States shall be fined not more than $5,000, imprisoned not more than two years or both. Specifies the circumstances under which such penalty shall not apply. (Adds 18 U.S.C. 1512)
United States · United States Congress · 3 August 1973
Provides, under title II (Old-Age, Survivors', and Disability Insurance) of the Social Security Act, that persons who are blind and have at least six quarters of coverage shall be eligible for disability insurance benefits. Outlines those regulations which apply to the amount of benefits to be received. Defines blindness as used in this Act. Continues payment of such benefits as long as the blindness lasts, notwithstanding the amount of the individuals' earnings.
United States · United States Congress · 3 August 1973
National Labor Relations Act Judicial Procedures Amendments - Provides that if an employer or a labor organization submits to arbitration in any State or Federal court such party then shall not have any right to have an action in a different forum, unless the prior suit is dismissed or is denied for lack of jurisdiction. Provides for further punitive measures to be taken by the National Labor Relations Board for unfair labor practices. Declares that acts of violence or threats shall not be condoned or excused by reason of any unfair labor practices of any other party. Changes court review standards on evidence. Revises the procedures for review of a final order of the Board.
United States · United States Congress · 3 August 1973
Declares that the United States Senate does hereby congratulate and felicitate the distinguished Senator from Mississippi, the Honorable John C. Stennis, on his birthday and expresses the wish that he will enjoy many other such anniversaries in the future. Declares that members of the Senate greatly miss the distinguished Senator and wish for him an early return to the Senate Chamber and to his duties in the Senate. Directs that a copy of this Resolution be spread upon the Journal of the Senate and a copy furnished to Mr. Stennis.
United States · United States Congress · 30 July 1973
Constitutional Amendment - States that on or before the fifteenth day after the beginning of each regular session of the Congress the President shall transmit to the Congress a budget which shall set forth separately: (1) his estimate of the receipts of the Government, other than trust funds, during the ensuing fiscal year under the laws then existing; (2) his recommendations with respect to outlays to be made from funds other than trust funds during such ensuing fiscal year; and (3) if such recommendations exceed such estimate, a surtax rate which the President determines to be necessary to be applied with respect to the income tax of taxpayers to those portions of taxable years of taxpayers occurring during such fiscal year, so that such receipts will equal such outlays. Provides that during the first quarter of each fiscal year, and during the third quarter of each fiscal year, the Speaker of the House of Representatives shall: (1) estimate the receipts of the Government, other than trust funds, during such fiscal year; (2) estimate outlays to be made from funds other than trust funds during such fiscal year; and (3) (A) if such estimate of outlays exceeds such estimate of receipts, determine a surtax rate which the Speaker considers necessary to be applied, with respect to the income tax of taxpayers, to those portions of taxable years of taxpayers remaining in such fiscal year, so that such receipts will equal such outlays; or (B) if such estimate of outlays equals such estimate of receipts, determine that no surtax rate is necessary to be applied. Provides that, during the last month of each fiscal year, the President shall review whether the receipts of the Government, other than trust funds, for such year will be less than the outlays for that fiscal year. States that if he finds that such receipts are going to be less than such outlays, he shall determine a surtax rate which he considers necessary to be applied with respect to the income tax of taxpayers, so that taxes received by the Government from such surtax, when added to other receipts of the Government, will equal such outlays. Requires that such surtax shall be effective, and so applied, as determined by the President only during the next succeeding fiscal year.
United States · United States Congress · 23 July 1973
States that, with respect to the price level of beef, the President or his delegate shall permit the passthrough of increases in raw agricultural product costs incurred since June 8, 1973, on a dollar-for dollar basis in the same manner and to the same extent as a passthrough of such increases is permitted in the case of meat and food products other than beef.
United States · United States Congress · 17 July 1973
Makes it the sense of the Senate that: (1) the President should recommend, with respect to his recommendations to be transmitted to Congress during fiscal year 1974 under the Federal Salary Act of 1967, that specified salaries not be increased, and (2) if recommendations are made during fiscal year 1974 for increases in such salaries, those recommendations should be disapproved.
United States · United States Congress · 18 June 1973
Authorizes the procurement of an oil portrait and marble bust of former Chief Justice Earl Warren to be placed in the United State Supreme Court Building.
United States · United States Congress · 7 June 1973
Authorizes the Secretary of the Interior to transfer title to the Mirage Flats irrigation project works, Nebraska, to the landowners within the Mirage Flats Irrigation District.
United States · United States Congress · 31 May 1973
Board for International Broadcasting Act - Establishes a Board for International Broadcasting Provides that the Board shall consist of seven members, two of whom shall be ex officio members. States that the President shall appoint, by and with the advice and consent of the Senate, five voting members, one of whom he shall designate as chairman. Sets forth the terms and compensation of the Board. Authorizes the Board to perform specified functions, including: (1) to make grants to Radio Free Eupope and to Radio Liberty; (2) to review and evaluate the mission and operation of Radio Free Europe and Radio Liberty, and to assess the quality, effectiveness and professional integrity of their broadcasting within the context of the broad foreign policy objectives of the United States; and (3) to encourage the most efficient utilization of available resources by Radio Free Europe and Radio Liberty and to undertake, or request that Radio Free Europe or Radio Liberty undertake, such studies as may be necessary to identify areas in which the operations of Radio Free Europe and Radio Liberty may be made more efficient and economical. Provides for an audit of the books, documents, papers, and records of Radio Free Europe and Radio Liberty by the Board and the Comptroller General. Authorizes to be appropriated, to remain available until expended, $50,300,000 for fiscal year 1974 and such sums as may be necessary for fiscal year 1975 to carry out the purposes of this Act.
United States · United States Congress · 31 May 1973
Extends the programs provided for in the title I of the Omnibus Crime Control and Safe Streets Act to fiscal year 1974. Authorizes to be appropriated $1,000,000,000 for fiscal year 1974 for programs under such Act. States that funds appropriated shall remain available for obligation until expended. (Amends 42 U.S.C. 3760, 3768)
United States · United States Congress · 30 May 1973
Establishes the National Commission on Individual Rights and Personal Security. Declares to be the duty of the Commission to conduct a comprehensive study and review of Federal court decisions, laws, and practices relating (1) to special grand juries, bail reform and preventive detention, no-knock search warrants, the accumulation of data on individuals by Federal agencies as authorized by law or acquired by executive action, and (2) the conduct of stop and frisk arrests, searches and seizures, interrogations, appellate review by the prosecution, lack of mutual pretrial criminal discovery, self-incrimination and prosecutor comment on failure to testify, the conduct of lineups, disclosure of informants' identies, fingerprinting and photography, and trial delay, finality and collateral review of Federal and State criminal proceedings. Requires final report from the Commission three years after the date of enactment of this Act.
United States · United States Congress · 30 May 1973
Provides that the Attorney General shall appoint a United States marshall for each judicial district of the United States. Authorizes the President to appoint by and with the advice and consent of the Senate, a United States attorney for Guam. Directs the Attorney General to appoint a United States marshall for Guam and one for the District of the Canal Zone.
United States · United States Congress · 23 May 1973
Rural Medical Practice Incentive Act - Sets forth the Congressional finding that incentives are needed to encourage the practice of medicine in health manpower shortage areas. Permits the following groups of persons to fulfill active duty obligations in the National Health Service Corp by agreeing to serve in an area designated as a health manpower shortage area by the Secretary of Health, Education, and Welfare: (1) any doctor or dentist holding a reserve commission and granted a delay in service entry; (2) graduates of the Uniformed Services University of Health Sciences; and (3) any recipient under the Armed Forces health professional scholarship program. (Amends 10 U.S.C. 2115, 2123) Grants a tax exclusion under the Internal Revenue Code in the following amounts to physicians, dentists, and optometrists establishing their practice in designated health manpower shortage areas: (1) $20,000 during the first taxable year of such practice (provided the practice is continuous for at least two years); (2) $15,000 during the second taxable year; (3) $10,000 during the third taxable year; (4) $7,500 during the fourth taxable year; and (5) $5,000 during the fifth taxable year. Sets forth rules and regulations governing this tax exclusion. (Amends 26 U.S.C. 124)
United States · United States Congress · 23 May 1973
Federal Court Jurisdiction Act - Allows actions pending at the time a new district is created or when the composition of a district is changed to be tried in the district as it existed when the proceeding was instituted, or in the new district or in the district to which the appropriate subdivision has been transferred as the parties shall agree or the court directs. Creates a procedure for the review of certain remand orders raising substantial questions of the right to a Federal forum; and also for the review of orders staying certain Federal court actions to permit the prosecution of proceedings in a State court. Requires the permission of both the district and appellate court to stay proceedings in State courts. Gives the court of appeals power to entertain appeals from orders remanding removed cases to the State court after disposition of the Federal element on which jurisdiction depends. Chapter 84: District Courts; General Diversity of Citizenship Jurisdiction - Increases to $l5,000 the required amount in controversy for diversity purpose. Provides that for diversity purposes an alien corporation that has its principal place of business in a State is a citizen of that State and specifies that a corporation is a citizen of every State and foreign State by which it has been incorporated. Provides that for diversity purposes a partnership or other unincorporated association capable of suing or being sued in its common name in the State in which the action is brought shall be deemed a citizen of the State of its principal place of business. Provides that for diversity purposes an executor administrator or any person representing the estate of a decedent or appointed pursuant to statute with authority to bring an action for wrongful death shall be deemed to be a citizen only of the same State as the decedent. Gives the representative of an infant or imcompetent similar treatment. Provides that, when a person brings an action within thediversity jurisdiction, jurisdiction in that action shall extend to any claim arising out of the same transaction or occurance brought by any member of his family living in the same household. Prohibits the invocation of Federal jurisdiction on the basis of diversity of citizenship, either originally or on removal, by a citizen of the State in which the district court is held. Prohibits a corporation incorporated or having its principal place of business in the United States, and a partnership, unincorporated association, or sole proprietorship having its principal place of business in the United States, from invoking diversity jurisdiction, either originally or on removal, in a district court held in a State where it has maintained a local establishment for more than two years, but applies this prohibition only to claims arising out of the activities of that establishment. Prohibits a natural person from invoking Federal jurisdiction on the basis of diversity of citizenship, either originally or on removal, in any action in a district court held in a State where he has had his principal place of business or employment for more than two years. Provides that a corporation, unincorporated association, or individual which would have been denied access to a Federal court at the time the claim arose is still barred despite the abandonment of the local establishment or place of business or employment thereafter. Excludes from diversity jurisdiction any civil action arising under the workmen's compensation laws of any State. Contains the venue provisions for diversity of citizenship cases. Provides that venue may be laid either in: (1) a district where a substantial part of the events or omissions giving rise to the claim occurred or where a substantial part of property which is the subject of the action is situated; (2) a district where any defendant resides, if all defendants reside in the same State; or (3) a district where any defendant resides if the claim arose abroad. Provides that a defendant not resident in the United States will be sued in any district. Provides that the residence of a corporation for venue purposes shall be the district where it has its principal place of business and also each district in any State where it has been incorporated if its principal place of business is not in that State. Provides that the residence for venue purposes of any partnership or other unincorporated association is the district where it has its principal place of business. Makes actions for trespass upon, or harm done to, land transitory. Prohibits removal by those persons who are not, under general diversity of citizenship rules, permitted to invoke Federal jurisdiction in the State where the action is brought. Gives a defendant in a multi-party action the same right to remove a case that he would have if sued alone by any party making claim against him: he may remove the entire action not merely the claim against himself. Accords third party defendants the same right, but not in specified categories of cases where the third-party defendant would be subject to the control of the original defendant. Changes existing law by treating a plaintiff defending a counterclaim in a State court or a third-party impleaded on such a counterclaim as a defendant for purposes of removal. Provides that when the counterclaim arises out of the same transaction or occurence as the plaintiff's claim in the State court, the entire action is removed; otherwise the counterclaim is served and separately removed. Permits removal of an action by a defendant with a claim against the plaintiff in excess of the jurisdictional amount if it arises out of the same transaction or occurrence as the plaintiff's claim and if the sole reason why the action would not be removable is that the amount claimed by the plaintiff fails to satisfy the jurisdictional requirements. Makes the transfer of a diversity action from one district to another on motion of the defendant depend solely upon whether it is for the convenience of parties and witnesses or otherwise in the interest of justice. Bars appellate review of the trial court's exercise of discretion on such a motion. Prohibits the transfer to a district where both sides would be barred from invoking Federal jurisdiction by reason of general diversity of citizenship rules. Permits upon a finding that there is no other place in which trial would be appropriate, a stay in proceedings if the court can do so on such terms as will assure the plaintiffs an opportunity to maintain suit upon the claim in an appropriate State court. Makes such decisions staying proceedings under this Act reviewable only under the special interlocutory appeal provisions. Provides insofar as the question of the choice-of-law rules applicable in a transferred action, the transferee court shall apply the rules which the transferor court would have been obliged to apply. Gives the plaintiff in a diversity action a second chance to choose a forum if he can show that a transfer is for the convenience of parties and witnesses or otherwise in the interest of justice. Limits the transfer to a district where venue would be proper and the defendant amenable to process, other than one in which the plaintiff would have been barred by reason of rules on diversity jurisdiction. Bars appellate review of the trial court's exercise of discretion on a motion of these provisions. Provides for a transfer as an alternative to dismissal when venue is laid in the wrong district. Provides that the State law which the transferee court is obliged to apply shall be that of the State in which it sits. Permits the court in an appropriate case to award to the defendant costs, including counsel fees, attributable to the plaintiff's failure to bring the action in an appropriate court in the first instance. Forecloses the use of certain devices to create or defeat Federal jurisdiction by requiring that in determining its jurisdiction, the district court shall disregard any sale, assignment, or other transfer of property if an object of the transfer was to enable or to prevent the invoking of Federal diversity jurisdiction. Chapter 85: District Court; General Federal Question Jurisdiction - Makes no changes in the present law concerning general Federal question jurisdiction, except that no amount in controversy is required, and that jurisdiction is extended in terms to all declaratory judgment actions in which the complaint rests on Federal law. Allows removal of a case on the basis of a Federal defense or counterclaim. Prohibits removal in various kinds of cases. Allows removal of civil rights cases. Changes the present law requiring dismissal of actions removed to the Federal court that were properly in the exclusive jurisdiction of the Federal courts. Permits retention of jurisdiction over such actions mistakenly brought in Federal court, though not properly within the original jurisdiction, where the defendant asserts a Federal defense or counterclaim that would make the action removable if it were dismissed and recommenced in a State court. Requires remand, to the State court of claims not sufficiently within the scope of Federal jurisdiction. Provides that a Federal court has discretion to refuse to determine the related State claim if the Federal claim has been disposed of and the interest of justice is served thereby. Makes such dismissal appealable as a final judgment. Provides that venue will be laid either where any defendant resides, if they all reside within the same State, or where the events giving rise to the claim occurred. Gives the plaintiff a choice of venue if all defendants reside in the same State, and the events occurred elsewhere. Provides that if defendants reside in different States, venue can be laid only in the district where the events occurred. Provides that the residence of a corporation for venue purposes shall be the district where it has its principal place of business. Provides that if it is incorporated in a State or States other than that where it has its principal place of business, it is also considered to reside in each district of the State of incorporation. Provides that the residence for venue purposes of any partnership or other unincorporated association is the district where it has its principal place of business. Permits service on a defendant in any district. Permits transfer of an action, on motion of any party, to a more convenient forum, without regard to whether the action might have been brought there. Provides for transfer or dismissal if venue is laid in the wrong district. Chapter 86: District Courts; Admiralty and Maritime Jurisdiction - Permits removal of cases if there is some other basis for Federal jurisdiction but does not all removal merely because the action is one of admiralty and maritime jurisdiction. Changes the present law by permitting removal of an action within the exclusive jurisdiction of the Federal courts with regard to admiralty and maritime jurisdiction if the action is mistakenly brought in a State court. Provides for jury trial if diversity of citizenship or a Federal question provides an independent basis of Federal jurisdiction and a right to jury trial would otherwise exist. Provides for jury trial on demand on all claims within the admiralty and maritime jurisdiction in a Federal court, other than those heard in a limitation of liability proceeding and those against the United States, if the relief sought is in person and is limited to money damages for personal injuries or death. Chapter 87: District Courts; United States as Party. Authorizes removal of any case in a State court in which the United States is named as a defendant. Permits suit to be brought either where the events giving rise to the claim occurred or where any defendent other than the United States resides. Provides that in cases brought by private parties, if all plaintiffs reside in the same State the district in which any plaintiff resides is a proper venue. Provides that the residence of a corporation for venue purposes shall be the district where it has its principal place of business. Provides that if it is incorporated in a State or States other than that where it has its principal place of business, it is also considered to reside in each district of the State of incorporation. Provides that the residence for venue purposes of any partnership or other unincorporated association is the district where it has its principal place of business, and defines the residence of officers of the United States. Makes actions for trespass upon or harm done to land transitory. Requires actions in rem to be brought in a district in which all or part of the property involved is located. States special rules of venue for various cases such as tax refund matters, Interstate Commerce Commission matters, etc. Permits the transfer of an action, on motion of any party to a more convenient forum, without regard to whether the action might have been brought there. Bars appellate review of the trial court's exercise of discretion on such a motion. Provides for the transfer of dismissal if venue is laid in the wrong district or if a suit within the exclusive jurisdiction of the Federal courts is removed to a district in which it could not have been properly commenced. Permits the transfer to the Court of Claims of cases erroneously brought in a district court, and makes it applicable to cases within the exclusive jurisdiction of any court of the United States. Chapter 88: Stays in Certain Cases; Three Judge Courts - Bars injunctions against orders of State administrative agencies involving natural resources, in which there is a particularly strong local interest, provided that the conditions of this chapter are met. Allows a Federal court to stay an action for determination of issues by a State court where the issues of State law cannot be satisfactorily determined in the light of the State authorities; where abstention from the exercise of Federal jurisdiction is warranted either by the likelihood that the necessity for deciding a substantial question of Federal constitutional law may thereby be avoided, or by a serious danger of embarassing the effectuation of State policies by a decision of State law at avriance with the view that will be ultimately taken by the State court, or by other circumstances of like character, where a plain, speedy, and efficient remedy will be had in the courts of such State, and where the parties' claims of federal right, if any, including any issues of fact material thereto, can be adequately protected by review of the State court decision by the Supreme Court of the United States. Bars federal courts from abstaining from making a decision except intthe specific instances listed above. Limits State courts injunctions of federal proceedings to situations where the injunction is otherwise warranted and it is necessary to protect jurisdiction over property in the State courts' or it is necessary to protect against vexatious relitigation. Calls for a three-judge federal court when Acts of Congress so require or when an action is filed seeking filed challenging the constitutionality of the apportionment of congressional districts or of any statewide legislative body. Provides for review in the courts of appeals of denial of a three-judge court. Permits direct appeal to the Supreme Court from decisions on the merits by three-judge courts, whether or not the convening of such a court was required by law. Asserts that if the Supreme Court determines that a three-judge court was not required, it may transfer the case to the appropriate court of appeals but has discretion to proceed with decision of the appeal itself. Chapter 89: Procedures for Removal of Actions to District Courts - Sets forth a procedure for removal of actions from a State court. Continues the existing rule, that the State court shall not proceed in the matter after it has been removed but changes the present law by providing for an exception where the trial is in progress in the State court at the time of removal. Chapter 90: Raising and Foreclosure of Jurisdictional Issues - Provides that if issues of subject-matter jurisdiction are not properly raised at an early state in the proceedings, consideration of such issues by a trial or appellate court is foreclosed. Provides that any governing statute of limitations is tolled by the commencement of an action in a federal court, and for at least thirty days following dismissal in any case in which the dismissal was for lack of jurisdiction. Provides that if a party has commenced a timely action in State court, and the action is dismissed because it is within exclusive federal jurisdiction, the statute of limitations will not bar commencement of a new action on the claim in federal court within thirty days after dismissal of the State action. Chapter l59: Interpleader - Grants United States district courts original jurisdiction of interpleaders. Chapter 160A: Multi-District Litigation - Provides that civil actions involving one or more common questions of fact pending in different districts will be transferred to any district for consolidated pretrial proceedings. Specifies the procedures to be utilized in these multi-district litigation.
United States · United States Congress · 15 May 1973
Declares that on Memorial Day, May 28, 1973, special remembrance be given by a grateful people to the 1,288 members of the Armed Forces of the United States currently listed as missing in action in Indochina. Declares that all American motorists are encouraged to turn on their automobile lights throughout Memorial Day, May 28, 1973, as a symbol of this remembrance. Provides that every effort be made to secure the cooperation of all parties in the Indochina conflict to insure the fullest and most expeditious resolution of the status of members of the U.S. Armed Forces missing in Indochina.
United States · United States Congress · 2 May 1973
Makes it unlawful for any Executive Branch officer or any person acting under such officer's authority to require any of the following from any United States Government employee or any applicant for employment in the Executive Branch of the Government: (1) disclose their race, religion, or national origin; (2) attend Government-sponsored meetings and lectures or participate in outside activities unrelated to their employment; (3) report on their outside activites or undertakings unrelated to their work; (4) submit to questioning about their religion, personal relationships or sexual attitudes through interviews, psychological tests, or polygraphs; and (5) support political candidates or attend political meetings. Permits inquiries into national origin when necessary for the national interest or overseas work. Allows agency officers to advise employees of charges of sexual misconduct as long as the employee has an opportunity to refute the charge. Makes it illegal to coerce an employee to buy bonds or make charitable contributions; or to require him to disclose his own personal assets, liabilities, or expenditures, or those of any member of his family unless they would show a conflict of interest. Provides a right to have a counsel or other person present, if the employee wishes, at an interview which may lead to disciplinary proceedings. Makes it unlawful for any Civil Service Commission officer to require any executive department or agency to do any prohibited act; or to require a person seeking to establish Civil Service status or employment in the executive branch to submit to interrogation, polygraph testing, or psychological testing designed to elicit views regarding religion, personal relationships, or sexual attitude. Accords the right to a civil action in a Federal court for violation or threatened violation of this Act. Directs the Attorney General to defend all persons sued who acted pursuant to an order or who, in his opinion, did not willfully violate this Act. Establishes a three-member Board on Employees' Rights with members appointed by the President by and with the advice and consent of the Senate. Grants the Board the authority and duty to receive and investigate written complaints from any person claiming to be aggrieved by any violation or threatened violation of this Act and to conduct a hearing on each such complaint. Grants the Board powers which will eliminate violation of this Act. Directs the Board to make an annual report of its activities to Congress. Excludes the Central Intelligence Agency and the National Security Agency from the provisions of this Act. Permits the establishment of agency grievance procedures to enforce this Act, but the existence of such procedures shall not preclude the use of other remedies.
United States · United States Congress · 18 April 1973
Budget Control Act - Title I: Changes in Rules of House and Senate - Committee on the Budget consisting of 21 members: 7 members from the Committee on Ways and Means, and 7 members appointed by the Speaker of the House. Provides for the selection of the Chairman of the Committee and for the filling of vacancies on the Committee. Refers to the Committee matters relating to (a) the establishment of an overall limitation on budget outlays, and an overall limitation on new budget authority, (b) the determination of the overall level of Federal revenues, (c) the determination of the appropriate level of surplus or deficit in the budget in the light of economic conditions and (d) the allocation of the overall limitation on budget outlays, and the overall limitation on new budget authority. Requires the committee to report during each regular session of Congress at least two concurrent resolutions concerning matters referred to the Committee and to make continuing studies of the effect on budget outlays of existing and proposed legislation and to report the results of these studies to the House of Representatives. Establishes in the United States Senate a Committee on the Budget consisting of 15 members: 5 members from the Committee on Appropriations, 5 members from the Committee on Finance, and 5 members appointed by the President pro tempore of the Senate. Grants to the Senate Committee the same matters for consideration and the same duties as the House Committee. Declares that annually, on or before May 1, Congress shall complete action on a concurrent resolution setting forth the congressional budget for the United States Government for the fiscal year beginning July 1. States that the concurrent resolution shall include with respect to budget outlays and with respect to new budget authority: (1) a general contingency reserve (for allocation only by a subsequent concurrent resolution on the budget) for possible new legislation (including enlargements of existing programs and activities); and (2) an emergency reserve (in amounts which do not exceed 2 percent of the amount of budget outlays otherwise allocated to the Committees on Appropriations and 2 percent of the amount of new budget authority otherwise allocated to such committees) which shall be available only for allocation by the Committees on Appropriations to specific programs and activities (or to subcommittees) to meet emergencies and other unforeseen contingencies. Provides for other matters which may be dealt with in the concurrent resolution. Sets forth a timetable for the first concurrent resolution on the budget for the fiscal year. Requires Congress to adopt a final concurrent resolution on the budget before adjourning and provides for consideration of concurrent resolution to be expedited. Declares that a tax surcharge is required where the budget deficit will be greater, or the surplus will be smaller, than that determined to be appropriate. States the requirements for amendments to concurrent resolutions. Provides that legislation dealing with the congressional budget must be handled by budget committees and that the concurrent resolution on budget must be adopted before appropriations and changes in revenues and public debt limit are made. Sets forth the requirements for legislation and amendments providing new budget authority, and declares that budget authority legislation may be required to contain outlay limitations. Places limitations on new permanent budget authority and on new spending authority. Requires the legislative committees to authorize the enactment of new budget authority before the beginning of the fiscal year. Authorizes the House Committee on Appropriations and the Senate Committee on Appropriations to consider and to report legislation rescinding budget authority. Provides for technical and conforming amendments to the Rules of the House of Representatives and to the Standing Rules of the United States Senate, as well as amendments to the Legislative Reorganization Acts of 1946 and 1970. Title II: Legislative Budget Director and Staff - Establishes a Joint Legislative Budget Staff, headed by a Legislative Budget Director appointed by the record vote of a majority of the members of the Committee on the Budget of each House, and provides for staffing and compensation. Authorizes the Legislative Budget Director to secure directly from any executive department or instrumentality of the government, information, data, estimates, and statistics relating to the function of the Joint Legislative Budget Staff. Directs the Joint Legislative Budget Staff to develop methods of using computers and other techniques for the analysis of information to improve not only the quantitative but the qualitative evaluation of budgetary requirements.
United States · United States Congress · 13 April 1973
Authorizes the Secretary of Agriculture to allow participants in the plan B feed grain set-aside program to transfer into the plan A set aside program.
United States · United States Congress · 10 April 1973
Makes the question of whether something is obscene a fact determination which shall be made by the jury without the comment of the court based on the the weight of the evidence relevent to the question. Prohibits judicial review of any determination made by a jury on the question whether something is obscene by any court in the United States. (Adds 18 U.S.C. 1466; 28 U.S.C. 3001)
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 · 29 March 1973
Sets forth actions with respect to the destruction of aircraft or aircraft facilities which shall be punishable by a fine of not more than $10,000, or imprisonment for not more than twenty years or both. Provides that whoever commits specified offenses against or on board an aircraft registered in a state other than the United States in violation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and is afterward found in this country shall be fined not more than $10,000 or imprisoned not more than twenty years or both. Sets forth definitions to be used in this Act.
United States · United States Congress · 29 March 1973
Provides that whoever, being an officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, except as provided by law, directly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive any thing of value, for himself or for any other person or entity, other than such financial institution, from any person or entity for or in connection with any transaction or business of such financial institution; or whoever, except as provided by law, directly or indirectly, gives, offers, or promises any thing of value to any officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, or offers or promises any such officer, director, employee, agent , or attorney to give any thing of value to any person or entity, other than such financial institution, for or in connection with any transaction or business of such financial institution shall be fined not more than $5,000 or three times the value of any thing offered, asked, given, received, or agreed to be given or received, whichever is greater, or imprisoned not more than five years, or both; but if the value of any thing offered, asked, given, received, or agreed to be given or received does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Sets forth the definition of financial institution as used in this Act.
United States · United States Congress · 29 March 1973
Prohibits the unauthorized possession within any Federal penal or correctional institution of any substance or thing designed to damage the institution or to injure any persons within or part of the institution. (Amends 18 U.S.C. 1972)
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
Criminal Code Reform Act - Title I: Federal Criminal Code - Part I: General Provisions and Provisions and Principles Chapter I: General Provisions - Sets forth the general purposes of this Act. Classifies felonies into five categories, A through E. Defines the various terms used in this Act. Chapter 2: Federal Criminal Jurisdiction - Describes the general, special (territorial, maritime, aircraft) and extraterritorial jurisdictions of the United States. Chapter 3: Culpability - Provides that a person commits an offense under this Act only if: (1) he engages in conduct which is declared to be an offense and (2) he engages in such conduct intentionally, knowingly, recklessly, or negligently. Chapter 4: Complicity - Declares that a person is guilty of an offense based upon the conduct of another and may be charged and punished as a principal if: (1) he knowingly aids, abets, counsels, commands, induces, procures, or facilitates its commission or attempted commission; (2) acting with the kind of culpability required for the offense charged, he causes an innocent, incompetent, or irresponsible person to engage in conduct which if performed by the defendant or another would be an offense; or (3) he is co-conspirator and the offense charged was committed in furtherance of the conspiracy and was a necessary or reasonably foreseeable consequence of it. Establishes standards for the criminal liability of organizations. Stipulates that a person is criminally liable for any conduct which he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct was performed or caused to be performed in his own name or behalf. Chapter 5: Defenses - Lists and describes the following defenses to prosecution: mistake of fact or law, insanity, intoxication, duress, public duty, protection of persons, protection of property, unlawful entrapment, and official misstatement of law, Part II: Offenses - Chapter 10: Offenses of General Applicability Defines the offense of criminal solicitation and provides that criminal solicitation is an offense of the class next below that of the crime solicited. States that it is an affirmative defense that, under the circumstances manifesting a voluntary and complete renunciation of his criminal conduct and intent, the defendant prevented the commission of the crime which he solicited. Defines the crime of criminal attempt. Establishes the requirements of a proper affirmative defense to such crime. States that criminal attempt is an offense of the same class of the crime attempted, except that to commit a class A felony is a class B felony. Defines the offense of criminal conspiracy and establishes the requirements of an affirmative defense to such crime. States that criminal conspiracy is an offense of the same class as the highest offense which was an objective of the relationship, except that an attempt to commit a class A felony is a class B felony. Chapter 11: Offenses Involving National Security Defines the following crimes: (1) treason; (2) armed rebellion or insurrection; (3) inciting overthrow or destruction of the government; (4) para-military political activities; (5) sabotage; (6) impairing military effectiveness; (7) violating emergency regulations concerning vessels; (8) impairing military effectiveness by false statement; (9) evading military or substitute service; (10) obstructing military recruitment or induction; (11) inciting or aiding mutiny, insubordination, or desertion; (12) aiding escape of a prisoner of war or an enemy alien; (13) espionage; (14) disclosing national defense information; (15) mishandling national defense information; (16) disclosing classified information; (17) unlawfully obtaining classified information; (18) failing to register as a person trained in a foreign espionage system; (19) failing to register as, or acting as, a foreign agent; (20) offenses relating to atomic energy. Chapter 12: Offenses Involving Foreign Relations and Immigration States that a person is guilty of an offense if he knowingly: (1) launches a land, air or sea attack from the United States against a nation with which the United States is not at war; (2) organizes or participates in a military expedition assembled in the United States to engage in armed hostilities against a nation with which the United States is not at war; or (3) engages in conduct hostile to a nation with which the United States is not at war within the territory of any foreign nation. Defines the offenses of unlawful entry into the United States, hindering discovery of an illegal entrant and fraudulent acquisition or improper use of naturalization, evidence of citizenship, or United States passport. Chapter 13: Offenses Involving Government Operations Defines the offenses of: (1) obstructing a government function by fraud; (2) obstructing a government function by physical interference; (3) hindering law enforcement; (4) aiding consummation of a crime; (5) bail jumping; (6) escape; (7) providing or possessing contraband in an official detention facility; (8) flight to avoid prosecution or giving testimony; (9) witness bribery; (10) corrupting a witness or an informant; (11) tampering with a witness or an informant; (12) retaliating against a witness or an informant; (13) tampering with physical evidence; (14) communicating with a juror; (15) monitoring jury deliberations; (16) demonstrating to influence a judicial proceeding; (17) criminal contempt; (18) failing to appear, produce information, or to be sworn; (19) refusing to testify; (20) certification for prosecution in which a congressional proceeding is involved; (21) obstructing a proceeding by disorderly conduct; (22) disobeying a judicial order; (23) perjury; (24) false swearing; (25) making a false statement; (26) making a false report; (27) tampering with a government record; (28) bribery; (29) graft; (30) trading in government assistance; (31) trading in special influence; (32) trading in public office; (33) speculating an official action or information; (34) tampering with a public servant; (35) retaliating against a public servant (36) impersonating an official. Chapter 14: Offenses involving Internal Revenue and Customs Defines the crimes of tax evasion, smuggling, and other related crimes. Chapter 15: Offenses Involving Civil Rights, Elections, and Private Communications Enumerates various civil rights offenses. Makes it a crime to obstruct, impair, or prevent the lawful conduct of an election or to obstruct votes registration for such election. Declares it to be a crime to intercept mail, or wire or an oral communication. Chapter 16: Offenses Against the Person Lists specified crimes against the person for the purposes of title 18 of the United States Code including murder, manslaughter, maiming, battery, criminal harassment, kidnapping, rape, aircraft hijacking, and various sexual offenses. Chapter 17: Offenses AGainst Property Establishes crimes relating to the conduct of such activities as arson, burglary, robbery, forgery, and economic offenses. Sets forth rules for determining the value of property or services when such a factor is determinative of the grading of an offense. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare Prescribes crimes against the public order in the areas of riots, firearms, drugs, obscenity, and disorderly conduct. Part III: Sentencing - Chapter 20: General Sentencing Provisions Provides that the probation service of the court shall make a presentence investigation and shall report the results of the investigation to the court before the imposition of sentence: (1) unless the court otherwise directs for reasons stated in the record; or (2) unless the offense is committed under circumstances requiring imposition of a particular sentence and permitting the court no discretion in the imposition of sentence. Chapter 21: Probation Sets forth the authorized terms of probation and conditional discharge for an offender. Enumerates various factors to be considered by the court in determining whether to grant a probation or conditional discharge. States that the conditions of release on probation or conditional discharge shall be such as the court in its discretion deems reasonable and appropriate to assist the offender to lead a law-abiding Chapter 22: Fines Establishes maximum limits on fines for specified classes of offenses. Provides that in addition to considering the nature and circumstances of the offense and the history and characteristics of the defendant, the court, in determining the amount and method of payment of a fine, shall take into account the financial resources of the defendant, the nature of the burden that payment of the fine will impose, and whether imposition of the fine will prevent the defendant from making restitution or reparation to the victim. Chapter 23: Imprisonment Authorizes specified maximum terms of imprisonment for the various classes of offenses in additon to any automatic contingent terms. Chapter 24: Death Sentence Enumerates conditions and crimes which permit the imposition of the sentence of death. Requires a separate sentencing hearing for this purpose. Title II: Conforming Amendments Revises appropriate sections of the United States Code for the purpose of providing conformity with the provisions of this Act. Makes it a Federal crime to misuse emblems, insignias, and names of U.S. departments and agencies. Establishes offenses with respect to the compensation of Members of Congress and officers of the government in matters affecting the government. Provides that whoever being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties: (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceedings, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest; shall be guilty of a Class A misdemeanor. Establishes other specified offenses in the area of conflicts of interests of employees of the United States government. States that whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be guilty of a violation. Limits the maximum fine for such violation to $500. Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Bankruptcy - title 11; Banks and Banking - title 12; Commerce and Trade - title 15, (including firearms); Conservation - title 16; Crimes and Criminal Procedure - title 18; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patriotic Societies and Observances -ttitle 36; Veterans' Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Transportation - title 49; War and National Defense - title 50. Adds new rules to the Federal Rules of Criminal Procedure. Sets forth requirements and procedures for the interception of wire and oral communications. Provides for civil damages to any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Act. Allows for the granting of an injunction against the executing of a scheme to defraud. Provides civil remedies against racketeering activities. Changes the name of the Bureau of Prisons to the Bureau of Corrections. Establishes a Parole Commission within the Department of Justice which shall be an independent agency having final authority in construing and administering all Federal parole statutes. States that each offender sentenced to a term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum term, at any time, subject to the eligibility regulations of the Commission. Sets forth the criteria for release on parole and the conditions of parole. Establishes procedures to determine the existence of sanity at the time of the offense, as well as procedures to determine whether or not a person acquitted for reason of insanity ought to be hospitalized. Sets forth conditions of release from a mental institution. Creates special procedures for initial possession of drugs, allowing a court in its discretion to place such an offender on probation for a period not to exceed one year. Provides that if the person was not more than twenty-one years old at the time of the offense, he may apply to the court for an order to expunge from all official records, except the non-public records, all recordation relating to his arrest, the institution of criminal proceedings against him, and the results thereof. Title III: General Provisions States that if the provisions of any part of this Act or the application of any part of this Act to any person or circumstance are held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected. States that this Act shall take effect on the first day of the first calendar month beginning two years after the date of approval of the Act.
United States · United States Congress · 22 March 1973
Congressional Free Speech Act - Provides that no court or grand jury shall inquire of a Member or an aide either directly or indirectly into the protected legislative activities of a Member in a criminal proceeding without the Member's consent. Requires the Attorney General of the United States to personally approve the issuance of any subpena to a Member who is at that time serving in Congress, and to notify in writing that Member, the Speaker of the House of Representatives, in the case of a Representative, and the President pro tempore of the Senate, in the case of a Senator, not less than forty-eight hours in advance of the issuance of the subpena. Provides that when an aide is served with a subpena which he has reason to believe may require his testimony on the protected legislative activity of a Member, the aide shall immediately inform that Member. Permits any Member to move in United States district court to quash any subpena issued by a court or grand jury in a criminal proceeding requiring him or an aide to appear to give testimony where the Member believes that the subpena seeks testimony about protected legislative activity. Sets forth the procedure for such a motion.
United States · United States Congress · 22 March 1973
Allows any Senator, or former Senator, to refuse to testify before any court or grant jury in a criminal proceeding concerning his legislative activity while a Member of the Senate. Prohibits an aide or former aide to a Senator or to a former Senator from testifying before a court or grand jury in a criminal prosecution in the performance of legislative activity by that Senator while he was a member of the Senate, unless otherwise instructed by that Senator. Provides that no memorial or other paper presented to the Senate, except original treaties, finally acted upon, shall be withdrawn from its files except by order of the Senate, except that when an act may pass for the settlement of any private claim, the Secretary is authorized to transmit to the officer charged with the settlement the papers on file relating to the claim, (contained in House Rule XXX). Provides that no memorial or other paper upon which an adverse report has been made shall be withdrawn from the files of the Senate unless copies thereof shall be left in the Office of the Secretary (presently contained in House Rule XXX). Requires a Senator to immediately notify the President Pro Tempore of any demands for testimony or documents made upon him or an aide which might fall within the provisions of this rule.
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 · 20 March 1973
Heroin Trafficking Act - Title I: Increased Penalties - Increases the penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a mixture or substance containing any amount of heroin or morphine which is a controlled substance under schedule I or II. States that if the person was convicted of the offense with respect to less than four ounces of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than ten years, or for life, and could be fined not more than $100,000. States that if a person convicted of an offense involving less than four ounces had previously been convicted of a Federal, State or foreign felony relating to herion or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to a minimum mandatory sentence of not less than ten years, or a life sentence, and may be fined not more than $100,000. Provides that if a person convicted of an offense involving four ounces or more had previously been convicted of a Federal, State, or foreign felony relating to heroin or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing, on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to life imprisonment with no parole. Directs that no sentence under these provisions could be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied. Provides that conviction of illegally possessing four or more ounces of a mixture or substance containing any amount of heroin or morphine would require a sentence of imprisonment for a term of years of not less than 10 years, or for life, with parole, and, in addition, a possible fine of not more than $100,000. States that if the person had been convicted of a Federal, State, or foreign felony relating to heroin or morphine controlled in schedule I or II, or if the offense was committed while the person was released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, there would be a sentence of life imprisonment with no parole. Provides that execution of a sentence imposed under these provisions could not be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied. Increases the penalties for illegal importation or exportation, or manufature or distribution for illegal importation, of heroin or morphine. States that if the person was convicted of the offense with respect to less than four ounces of a mixture or substance containing any amount of heroin or morphine controlled in schedule I or II, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such a mixture or substance, he would be sentenced to a mandatory minimum sentence of ten years, or for life, and could be fined not more than $100,000. States that sentence could not be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied Title II: Conditions of Release - Requires a judicial officer in setting conditions of pretrial release, under the Bail Reform Act of 1966, of a person charged under the Controlled Substances Act or the Controlled Substances Import and Export Act with an offense relating to heroin or morphine which is a controlled substance in schedule I or II, to consider the safety or others and their property and the safety of the community in addition to the consideration of risk of flight. Denies release pending trial, absent compelling circumstances, to certain categories of persons charged with a violation of this Act. Provides for appeals from orders denying pretrial release to be taken by the individual Appeals from orders granting pretrial release to be taken by the United States.
United States · United States Congress · 15 March 1973
Occupational Safety and Health Amendments - Excludes from the definition "employers," for purposes of the Occupational Safety and Health Act of 1970, any nonagricultural employer who employed not more than 7 employees at any time during the preceding calendar year, or a small farmer. Provides that an employer may establish a safety committee for purposes of this Act, without violating the National Labor Relations Act. Provides that the Secretary of Labor shall evaluate as soon as possible after enactment of these amendments, existing Federal standards for occupational safety and health and to determine the applicability of each such standard to employers within each industry or business. Provides that the Secretary shall prescribe the cost per unit to the average employer for compliance with such safety standards, and determine the possibility of performance of required procedures; or if compliance with such standards is impossible, rescind the standard. Provides that failure of an employer or employee to comply with an occupational safety and health standard which has been adopted without compliance with the establishment administrative procedures shall not in itself be used in any civil action as evidence of negligence. Provides that the Secretary's regulations may require physical examinations of employees upon the inception of their employment in industry. Requires that a citation to an employer for violation of this Act specify the action to be taken for abatement of such violation. Provides as affirmative defenses to any proceeding under this Act that the employer furnished adequate notice and exerted all reasonable efforts to obtain compliance of his employees; that the employer had less than 30 days notice of a new standard; and that the standard which is the subject of the violation charged would not have effectively constituted an improvement of occupational safety and health in the circumstances under which the charge is brought. Authorizes the Secretary to enter into an agreement with an employer to waive or defer penalty provisions under this Act on condition that the employer comply with standards on terms that the Secretary determines appropriate under the circumstances. Authorizes the Secretary to provide technical assistance to employers with less than 100 employees when it appears necessary to comply with this Act's Standards. Authorizes the Secretary to make grants to employers for the cost incurred in complying with a standard adopted without com- pliance with established administrative procedures. Provides that standards under this Act shall be applicable to employers with less than 100 employees only after one year following enactment of this Act. Makes the other amendments of this Act effective two months after enactment of this Act.
United States · United States Congress · 14 March 1973
Law Enforcement Revenue Sharing Act - Provides that all authority of Title I, of the Omnibus Crime Control and Safe Streets Act as amended, is placed in the Attorney General: Establishes a Law Enforcement Assistance Administration with an Administrator appointed with the advice and consent of the Senate and a Deputy Adminstrator. Authorizes delegation of all functions, powers and duties created by the Act. Encourages States and units of local government to prepare and adopt comprehensive law enforcement plans. Places the responsibility for the State law enforcement planning process under thelsupervisionsandscontrol of theuGovernor.diProvidespthatianyaareaowide planning organization, the majority of whose members will be elected local officials. Sets forth the requirements necessary for a planning process to properly develop a comprehensive State plan and administer such plan. Requires that a State beginning on or after July 1, 1973, submit a comprehensive State plan. Authorizes the Attorney General to review such plan and provide comments to the State and Congress and to publish such comments in the Federal Register. States that the purpose of revenue sharing for law enforcement is to encourage States and units of general local government to carry out programs and projects to reduce crime and delinquency. Sets forth the types of law enforcement activities which can be funded. Provides eligibility to diagnostic services within the community-based delinquency prevention and correctional programs. Gives express funding authority for improved court administration and law reform programs. Provides technical assistance. Provides funding authority for law enforce- ment education authority for maintenance and operation of State, regional and local planning processes and improved management of law enforcement activities. Removes the matching requirements and permits 100 percent of program costs to be paid from special revenue sharing funds. Provides for the authorization to obligate funds for the continuation of projects approved under former Title I propr to the date of enactment of this Act. Authorizes the Attorney General to make special revenue sharing payments when a State has on file a comprehensive state plan. Sets forth the considerations which must be included for a plan to be comprehensive. Provides for the State government to receive applications for financial assistance from units of local government and other applicants and authorizes the State government to disburse funds when the application is in accordance with the purposes of section 310. Allows the Attorney General to reallocate funds if a State fails to file a comprehensive plan. Sets forth how special revenue sharing funds shall be allocated. Provides that no person shall be excluded from participation in the program or projects funded under this Act due to discrimination. Provides for the method of payment of special revenue sharing funds. Provides for the method of payment of special revenue sharing funds and the detection and apprehension of criminals. Continues the operation of the National Institute of Law Enforcement and Criminal Justice within the Law Enforcement Assistance Administration. Provides that grants for this part may be up to 100 percent of the total cost of each project for which a grant is made. Authorizes the Attorney General, after consultation with representatives of States and units of general local government, to establish rules and regulations necessary to the exercise of his functions under, and are consistent with the stated purpose of this title. Provides that the Attorney General may establish, or discontinue such organizational units of the Administration as he deems necessary. Gives a hearing examiner, upon authorization of the Attorney the power to hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States he may designate. Requires such accounting and auditing evaluations and reviews as the Attorney General may consider necessary to insure full compliance with the requirements of this title. Authorizes the Attorney General to request from other Federal agencies statistics, data, program reports, and other material in order that the programs under this title can be carried out in a coordinated manner. Provides for the reimbursement of the heads of other Federal departments for the performance of any functions under this title. Provides that the Attorney General shall collect and disseminate information on the condition and progress of law enforcement in the United States. Permits the Attorney General to determine the method of payments under this title. Provides that not more than 12 percent of the funds appropriated for any one fiscal year shall be used in any one State. Provides that nothing contained in this title or any other act shall be construed to authorize any Federal control over any law enforcement agency of any State or political subdivision thereof. Directs the Attorney General to report to the President and to the Congress by March of each year on the activities under this title. Provides for funding authority to carry out the provisions of this title. Provides for the confidentiality of statistical and research information collected under the Administration programs and for a civil sanction of up to $10,000 to enforce such confidentiality. Sets forth criminial penalities for whoever embezzles, willfully misapplies, steals, or obtains by grant any funds, assets or property which are the subject of a grant or contract or other form of assistance.
United States · United States Congress · 14 March 1973
Establishes an Antitrust Review and Revision Commission composed of eight members of Congress, four members of the executive branch, and six experts from the private sector. Provides that the Commission shall study the effects of antitrust laws upon: (1) price levels, product quality and service; (2) employment, productivity, output, investment and profit; (3) concentration of economic power and financial control; (4) foreign trade and international competition; and (5) economic growth. Authorizes the Commission to enter into contracts with Federal and State agencies, private firms, institutions and individuals for the conduct of research and the preparation of reports necessary to the discharge of the Commission's duties. Provides that the Commission shall submit a final report to the President and to the Congress not later than two years after the first meeting of the Commission.
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 · 26 February 1973
Provides for the disposition of funds appropriated in docket numbered 153 to pay judgments in favor of the Sac and Fox Indians in Kansas, Nebraska, Iowa, and Oklahoma.
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 · 21 February 1973
Authorizes such sums as may be necessary to publish specified Indian documents including "Indian Affairs, Laws and Treaties" (58th Congress), "Federal Indian Law," and a compilation of official opinions on Indian affairs rendered prior to September 1, 1967. (Amends 25 U.S.C. 1341(c))
United States · United States Congress · 15 February 1973
Aircraft Piracy Amendments - Makes it illegal to threaten to hijack or destroy aircraft. Provides that a civil penalty of not more than $1,000 may be imposed as a result of a civil suit brought on behalf of the United States on anyone who conveys or causes to be conveyed any threat or false information with respect to the hijacking of aircraft. Provides felony penalties for carrying concealed deadly or dangerous weapons aboard aircraft. Extends the coverage of such penalties to foreign air carriers.
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 · 1 February 1973
Allows a defendant to file an application for leave to appeal from the district court to the court of appeals the sentence of imprisonment or death imposed in any felony case: (1) after a finding of guilt; (2) after the modification of an order suspending the imposition or execution of a sentence, or (3) after a resentence under any other applicable provision of law. States that in reviewing such application the court of appeals shall consider whether the sentence imposed on the defendent is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review. Provides that upon consideration of the appeal the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendent's sentence shall not be increased as a result of an appeal under this Act. (Adds 18 U.S.C. 3742)
United States · United States Congress · 31 January 1973
Provides that the U.S. district courts shall have jurisdiction of any civil action to enforce, enjoin, or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures. States that venue in any civil action to enforce, enjoin, or suspend, in whole or in part, an order of the Commission for the payment of money or the collection of fines, penalties, and forfeitures is in the judicial district in which the petitioners resides or has its principal office. Provides that the court of appeals shall have exclusive jurisdiction to review final orders of the Commision. States that the Attorney General shall represent the Government in any such action.
United States · United States Congress · 31 January 1973
Provides that licenses for the operation of a broadcasting station shall be issued for a term of five years (now a period of 3 years). (Amends 47 U.S.C. 307(d))
![Official portrait of Sen. Hruska, Roman L. [R-NE]](https://www.congress.gov/img/member/h000875_200.jpg)