United States · United States Congress · 16 January 1973
Provides, under the Rural Electrification Act, that the Administrator of the Rural Electrification Administration is directed to fully obligate funds made available for each fiscal year for rural electrification programs provided for in such Act. (Amend 7 U.S.C. 901, 902, 904, 922)
United States · United States Congress · 16 January 1973
Requires each Member of Congress and each employee of the Congress to file, not later than May 15 of each year or not more than three months after the last day he occupies such office or position (if he leaves such position before May 15), with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each item of reimbursement for any expenditure, and each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him or by him and his spouse jointly during the preceding calendar year which exceeds $100 in amount or value; (2) the value of each asset held by him, or by him and his spouse jointly, which has a value in excess of $5,000, and the amount of each liability owed by him, or by him and his spouse jointly, which is in excess of $5,000 as of the close of the preceding calendar year; and (3) any business transaction by him, or by him and his spouse jointly, or by any person acting in his behalf, during the preceding calendar year if the aggregate amount involved in such transaction exceeds $5,000 during such year. Provides that the reports required by this section shall be in such form and detail as the Comptroller General may prescribe. Establishes a penalty of $2,000, or imprisonment for not more than five years, or both for whoever willfully fails to file a report or knowingly files a false report under this Act. (Adds 18 U.S.C. 225)
United States · United States Congress · 16 January 1973
Provides that there be printed for the use of the Committee on Post Office and Civil Service one thousand seven hundred additional copies of its committee print of the current Congress entitled "United States Government Policy and Supporting Positions."
United States · United States Congress · 12 January 1973
Magnuson-Moss Act - Title I: Consumer Product Warranties - Requires any supplier warranting in writing a consumer product to fully and conspicuously disclose in simple and readily understood language the terms and conditions of said warranty pursuant to any regulations issued by the Federal Trade Commission under this title. Provides that the Commission shall determine the manner and form in which information with respect to any written warranty shall be clearly and conspicuously presented or displayed when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. Requires any supplier warranting in writing a consumer product to undertake at a minimum the following duties in order to be deemed to have incorporated the Federal standards for warranty: (1) to repair or replace any malfunctioning or defective warranted consumer product; (2) within a reasonable time; and (3) without charge. Provides that in fulfilling such duties the warrantor shall not impose any duty other than notification upon any purchaser as a condition of securing repair or replacement of any malfunctioning or defective consumer product unless the warrantor can demonstrate that such a duty is reasonable. Provides that nothing in this title shall be construed to prevent a supplier from selling a service contract to the purchaser in addition to or in lieu of a warranty in writing if such contract fully and conspicuously discloses in simple and readily understood language the terms and conditions of the contract. Provides that arrangements made by a warrantor for a representative to perform duties under a written warranty shall not relieve the warrantor of his direct responsibilities to the purchaser. Provides that there shall be no express disclaimer of implied warranties to a purchaser if any warranty in writing or service contract in writing of a consumer product is made by a supplier to a purchaser. Declares it to be the policy of Congress to encourage suppliers to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. Provides that any purchaser damaged by the failure of a supplier to comply with any obligations assumed under a written warranty or written service contract subject to this title may bring suit for breach of such warranty or service contract in an appropriate district court of the United States, and any purchaser damaged by the failure of a supplier to comply with any obligations assumed under a written warranty or written service contract subject to this title may bring suit in any State or District of Columbia court of competent jurisdiction. Allows any purchaser who prevails in any suit or proceeding for breach of an express or implied warranty or service contract obligation to recover as part of the judgement a sum equal to the aggregate amount of cost and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by such purchaser for, or in connection with, the institution and prosecution of such suit or proceeding. Makes it unlawful and a violation of the Federal Trade Commission Act for any person subject to the provisions of this title to fail to comply with any requirement imposed on such person by or pursuant to this title or to violate any prohibition contained in this title. Provides that the district courts of the United States shall have jurisdiction to restrain violations of this title in an action by the Attorney General or by the Federal Trade Commission by any of its attorneys designated by it for such purpose. Invests the Attorney General with investigative powers concerning possible violations of this title. Provides that the provisions of this title and the powers granted hereunder to the Commission and the Attorney General shall extend to all sales of consumer products and service contracts affecting interstate commerce. Title II: Federal Trade Commission Improvements - Allows the Commission to initiate civil actions in the district courts of the United States against persons, partnerships, or corporations engaged in any act or practice which is unfair or deceptive to a consumer. Provides for a maximum fine of $10,000 for each violation. States that, after an order of the Commission to cease and desist from engaging in acts or practices which are unfair or deceptive to consumers, the Commission may institute civil actions in the district courts of the United States to obtain such relief as the court shall find necessary to redress injury to consumers caused by the acts or practices which were the subject of the cease and desist order. Authorizes the Commission to issue procedural rules to carry out the provisions of this Act. Authorizes the Commission to issue legislative rules defining with specificity acts or practices which are unfair or deceptive to consumers. Provides that any person seeking judicial review of a rule may obtain such review in the United States Court of Appeals for the District of Columbia Circuit, or any circuit where such person resides or has his principal place of business. Provides that upon application of the Attorney General of the United States or the Commission, acting through any of its attorneys designated by it for such purpose, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the Commission made in pursuance thereof. Provides that whenever the Commission has reason to believe: (1) that any person, partnership, or corporation is engaged in, or is about to engage in, any act or practice which is unfair or deceptive to a consumer, and (2) that the enjoining thereof pending the issuance of a complaint by the Commission, and until such complaint is dismissed by the Commission or set aside by the court on review, or the order of the Commission made thereon has become final; the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to enjoin any such act or practice.
United States · United States Congress · 12 January 1973
Provides that each notification of a defect or failure to comply with any Federal motor vehicle safety standard, as required under the National Traffic and Motor Vehicle Safety Act, shall contain: (1) a clear description of such failure to comply with any applicable motor vehicle safety standard or such defect; (2) an evaluation of the risk to traffic safety reasonably related to such defect; (3) a statement of the measures to be taken to repair such failure to comply; (4) the commitment of such manufacturer to cause such defect or failure to comply to be remedied without charge; (5) the date when such commitment to remedy such defect or failure to comply will initially be honored and (6) a description of the procedure that a consumer must follow to inform the Secretary of a manufacturer's failure to honor such commitment. States that whenever such notification is required: (1) the manufacturer of each such motor vehicle presented for remedy pursuant to such notice shall cause such defect or failure to comply in such motor vehicle (including any item of original motor vehicle equipment) to be remedied without charge; or (2) the manufacturer of each such item of motor vehicle equipment presented for remedy pursuant to such notice shall cause such defect or failure to comply in such item of motor vehicle equipment to be remedied without charge. Provides that the manufacturer of each such tire presented for remedy pursuant to such notice shall replace such tire without charge for a period up to sixty days following the receipt of notification or the availability of replacement tires, whichever is later. Stipulates that if a manufacturer can establish to the satisfaction of the Secretary, at a hearing structured to proceed as expeditiously as practicable, that a failure to comply with an applicable motor vehicle safety standard is of such inconsequential nature that the purposes of this title and the public interest would not be served by requiring the applicable manufacturer to remedy such defect or failure to comply without charge, the Secretary may, upon publication of his reasons for such findings, exempt such manufacturer from the requirements of this subsection with respect to such failure. (Amends 15 U.S.C. 1397, 1402)
United States · United States Congress · 12 January 1973
National No-Fault Motor Vehicle Insurance Act - Title I: General Provisions - Sets forth definitions of terms used in the Act. Requires every owner of a motor vehicle in a State to continuously provide in accordance with this Act with respect to that motor vehicle, while it is either present or registered in the State, security for the payment of basic reparation benefits and security for the payment of tort liabilities arising from maintenance or use of the motor vehicle. Specifies that security may be provided by a contract of insurance or by qualifying as a self-insurer. Provides that the State commissioner of insurance shall establish or approve a plan assuring that liability insurance and basic and added reparation insurance for motor vehicles will be conveniently available to each applicant for insurance who holds a valid driver's license, is required to carry insurance under this Act, and cannot obtain insurance through ordinary methods at rates not in excess of those applicable to applicants under the plan. Permits the plan to be by assignment of applicants among insurers, pooling, or other joint insuring or reinsuring arrangement. Makes provisions for cancellation, refusal to renew, or other termination of insurance by an insurer. States that basic and added reparation benefits are payable montly as work loss, survivor's economic loss, or allowable expense is incurred. Allows a claim for basic or added benefits to be discharged by a settlement agreement for an agreed amount payable in installments or in a lump sum, if the reasonably anticipated net loss does not exceed $2,500. Establishes a statute of limitations of two years from the time the loss occurred, or four years from the time of the accident, whichever is earlier. Provides for a statute of limitations for survivor's benefits of one year from the date of death or four years from the time of the accident, whichever is earlier. Prohibits the assignment of rights for loss accruing in the future, as well as garnishment or execution. Provides for reasonable attorney's fees. Allows reparation obligors providing basic reparation insurance in a State, or the State insurance commissioner in their absence, to organize an assigned claims bureau and an assigned claims plan, and adopt rules for their operation and for assessment of costs on a fair and equitable basis consistent with this Act. Authorizes the commissioner to regulate reparation obligors, and to provide information to consumers about insurer's rates so that they may be able to compare them. Establishes minimum liability insurance coverage required. Sets forth subrogation and indemnity rights of a reparation obligor. Limits Federal jurisdiction in insurance claim proceedings to cases in which the United States is a party and to case that qualify under 28 U.S.C. 1332. Sets forth provisions governing injuries arising out of the use of a Federal motor vehicle where the claim is against the United States as a reparation obligor. Title II: National Standards for State No-Fault Motor Vehicle Insurance - Provides that by the completion of the first regular legislative session commencing after the enactment of this Act, a State may establish a plan for no-fault motor vehicle insurance designed to meet or exceed the requirements established by this title. Authorizes the Secretary of Transportation to periodically review the laws and regulations of each State pertaining to no-fault motor vehicle insurance to determine whether or not they meet or exceed the requirements established by this title. Makes title III of this Act applicable if a State fails to adopt a plan for no-fault motor vehicle insurance within the time specified. Sets forth requirement for State no-fault plans, and specifies the right of any person injured to basic reparation benefits in accordance with this Act. Provides that, under any State no-fault motor vehicle insurance plan, tort liability arising out of the operation, maintenance, or use of a motor vehicle is abolished except as follows: (1) the liability of an owner of a motor vehicle involved in an accident who has not provided insurance or self-insurance covering the vehicle at the time of the accident; (2) the liability of a person in the business of designing, manufacturing, or repairing motor vehicles arising from a defect in a motor vehicle caused by an act of omission; (3) liability of a person for intentionally caused injury; (4) liability for damages for physical damage to property other than motor vehicles in use; (5) intangible damages if the injured person dies or sustains permanent, significantly, incapacitating, loss of body function, permanent serious disfigurement, or an injury resulting in more than six months of complete inability of an injured person to work in his occupation; (6) liability for tangible damages not covered by a qualifying no-fault policy and not accruing as loss during the period that a qualifying no-fault policy is providing benefits for loss in accordance with this Act; and (7) liability of a person in the business of parking or storing motor vehicles. Sets forth requirements of tort liability coverage and territorial coverage which an insurance policy must meet. Provides means of computing loss from an accident, and sets limits on amounts recoverable under a no-fautl plan. Specifies benefits that may be offered by insurers as optional added reparation coverages. Disqualifies from receiving benefits the converter of a motor vehicle or a person intentionally causing injury to himself or another person. Title III: Alternative No-Fault Motor Vehicle Insurance Plan - Sets forth the requirements of a Federal alternative no-fault plan, to be applicable in a State not enacting a no-fault plan. Provides that basic reparation benefits payable for work loss may not exceed $1,000 per month, and survivor's economic loss, replacement service loss, and survivor's replacement services loss arising from injury to one person and attributable to the calendar week during which the accident causing injury occurs and to each calendar week thereafter may not exceed $200. Makes similar provisions to those of title II with respect to the partial abolition of tort liability. Allows optional added reparation coverage by insurers.
United States · United States Congress · 12 January 1973
Voter Registration Act - Establishes within the Bureau of the Census the Voter Registration Administration. Provides that the President shall appoint, by and with the advice and consent of the Senate, an Administrator and two Associate Administrators for terms of four years each. Sets forth the duties and powers of the Administration. Authorizes the Administration to establish a voter registration program in accordance with this Act for all Federal elections and, when requested by the States, for State elections. Provides that an individual who is eligible to vote under State law and who is registered to vote under the provisions of this Act shall be entitled to vote in Federal elections in that State. Directs the Administration to prepare voter registration forms in accordance with the provisions of this Act. Authorizes the Administration to enter into agreements with the Postal Service, with departments and agencies of the Federal Government, and with State officials for the distribution of registration forms. Requires the Administration to assist State officials in detecting fraudulent voter registration, when such assistance is requested by the State. Provides that whoever knowingly or willfully gives false information as to his name, address, residence, age, or other information for the purposes of establishing his eligibility to register or vote under this chapter, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts or offers to accept payment either for registration to vote or for voting shall be fined not more than $10,000, or imprisoned not more than five years, or both. States that any person who deprives, or attempts to deprive, any other person of any right under this chapter shall be fined not more than $5,000, or imprisoned not more than five years, or both. Authorizes the Administration to pay to each appropriate State the reasonable cost of processing registration forms prescribed under this Act.
United States · United States Congress · 12 January 1973
Emergency Rural Housing Act - Finds that there are millions of substandard dwelling units in rural areas, that existing agencies operating under existing authorities could not meet the needs of millions of the rural poor, and that there is a need for emergency action in rural housing programs. Establishes an Emergency Rural Housing Administration, the management of which shall be vested in an Administrator appointed by the President with the consent of the Senate. Makes it the duty of the Administrator to provide minimal housing facilities for eligible persons in rural areas and small communities and to do so, to the extent possible, within a five-year period. Forbids the duties and powers of the Administration to be transferred to any other department, agency, or instrumentality of the United States. Authorizes the Administrator to make loans to eligible persons to finance the acquisition of land and the construction thereon of minimal housing facilities, or to finance the acquisition and rehabilitation of existing facilities in accordance with minimum housing facilities standards. Provides that at least 50 percent of the principal amount of any loan made shall be amortized over a period of not more than forty years, shall bear interest at a rate of not less than one percent per year, and shall be secured by a first mortgage. Authorizes the Administrator to acquire land and engage in the development of housing projects to be sold under the provisions of this Act. Authorizes the Administrator to finance all or part of the acquisition, and maintenance of: (1) minimal housing facilities in rural areas and small communities to be rented by eligible persons; (2) water and sewer facilities for such housing; and (3) related community facilities for such housing. Provides that the Administrator may enter into area responsibility agreements with any local agency. Forbids the Administrator to require, as a condition of assistance under this Act, the relocation of any eligible person in order to engage in or to facilitate the economic development of any area. Requires the Administration to submit an annual report to the Congress and the President on the operation of this Act. Authorizes the Administrator to issue to the Secretary of the Treasury notes or other obligations in such sums as may be necessary to carry out the purposes of this Act. Authorizes to be appropriated $500,000,000 per year, reduced by an amounts paid into the Treasury each such year on the loans made by the Administrator.
United States · United States Congress · 12 January 1973
Establishes a Federal Power Research and Development Board which shall consist of five persons appointed by the President, by and with the advice and consent of the Senate. Provides that ninety days after enactment of this title, every person purchasing electric energy for consumption, and every person generating more than one million kilowatt-hours per year of electric energy for his own consumption shall pay a fee equal to 1 percent of his total charge for electric energy for all such electric energy purchased and consumed, or 1 percent of the fair market value, as determined by the Federal Power Commission, of the electric energy produced where the electric energy is generated by any person for his own consumption. Requires all persons distributing electric energy affecting interstate commerce, including private companies, cooperatives, and agencies of local, State, and the Federal government to include as part of the normal bill or invoice issued to any person purchasing electric energy for consumption an additional amount equal to 1 percent of the total charge for electric energy. Provides that such persons distributing electric power affecting interstate commerce are required to collect the fee and to pay an amount equal to all such fees collected to the Federal Power Commission. Provides that any person generating more than one million kilowatt-hours per year of electric energy for his own consumption affecting interstate commerce is hereby required to pay a fee equal to 1 percent of the fair market value, as determined by the Federal Power Commission, of the electric energy he generates to the Federal Power Commission. Provides that revenues collected by the Commission from such fees and interest on such revenues shall be deposited in the Federal Power Research and Development Trust Fund, to be available through the appropriation process only to the Board for use in carrying out all the provisions of this title. Authorizes the Board to conduct directly and by way of contract, grant, or other arrangement a program of research and development for the improved means of production, transmission, distribution, and utilization of electric energy with minimum impact on the environment. Provides that funds appropriated pursuant to this Act shall be allocated on the basis of their contribution to the attainment of the following goals: (1) increasing the efficiencies of energy generation, transmission, and distribution processes; (2) improving the energy utilization efficiency of appliances, equipment and processes, and encouraging the implementation of energy conservation practices; (3) decreasing the adverse environmental impact of present and future energy generation, transmission, and distribution processes; (4) achieving basic innovations for new means of reliability generating energy while protecting the environment; and (5) making increased efficiencies and improved technology directly available to all interested persons on a nondiscriminatory basis. Authorizes the Board not less than twice each month to publish a newsletter which shall be made available to all interested persons and which shall include: (1) abstracts of all approved grants, including a statement on the general nature of the work; (2) announcements of hearings; (3) summaries of promising developments; and (4) the information required elsewhere in this title. Provides that each contract, grant, or other arrangement for any research or development activity supported by this title shall contain provisions effective to insure that all information, uses, processes, patents, and other developments resulting from that activity will be made freely and fully available to the general public. States that any person who violates any regulation established pursuant to this title shall be subject to a civil penalty of not more than $10,000 for each violation or for each day of a continuing violation.
United States · United States Congress · 12 January 1973
Federal Employee Labor-Management Act - Title I: Declaration of Policy - Declares it to be the policy of this Act that employees of the Federal Government shall have, and shall be protected in the exercise of, the right, freely and without fear of penalty or reprisal, to form, join, and assist any labor organization, including the right to participate in the management of any such organization and act for the organization in the capacity of an organization representative, including presentation of its views to officials of the executive branch of the Government, the Congress, or other appropriate authority. Requires that the head of each Government department, agency, activity, organization, or function shall take such action as may be required to carry out the purpose of this Act and assure that no improper interference, restraint, coercion, or discrimination is practiced to discourage membership in any labor organization. Title II: Definitions - Defines the terms used in this Act. Title III: Federal Labor Relations Authority - Creates the Federal Labor Relations Authority composed of a Chairman and two additional members to be appointed by the President by and with the advice and consent of the Senate. Requires such Authority to make a report to Congress and to the President at the close of each fiscal year stating the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed. Title IV: Powers and Duties of the Authority - Provides that the Authority shall resolve and determine any dispute concerning a unit appropriate for purposes of recognition and collective bargaining, conducting elections for exclusive recognition, determining any complaints of unfair labor practices, and investigating and resolving any negotiation impasse. Authorizes the Authority to delegate to its regional directors its powers to recognize labor organizations which request recognition in conformity with this Act, to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists, and to direct an election, conduct a secret ballot election, and certify the results thereof. Provides that upon the filing of a request therefor with the Authority by any interested person, the Authority may review any action of a regional director, delegated to him under this title, but such a review shall not, unless specifically ordered by the Authority, operate as a stay of any action taken by the regional director. Authorizes the Authority to delegate to a trial examiner its powers to determine whether any person has engaged in an unfair labor practice under this Act. Title V: Recognition of Labor Organizations - Provides for the Authority to grant recognition to labor organizations upon application according to procedures set forth in this title. Provides that, upon such recognition as the exclusive representative of employees in an appropriate unit, the labor organization shall be entitled to represent and bargain collectively for all employees in the unit and shall be responsible for representing the interests of all such employees. Title VI: Allotments to Representatives - Provides for the allotment to labor organizations of deductions from employee wages for initiation fees and membership dues in such organizations, upon written assignment authorizing such allotment by the employee. Provides that such assignment shall be honored at no cost to the labor organization. Provides that an assignment under the provisions of this title shall be irrevocable for a period of not more than one year or until the expiration date of the applicable collective agreement, whichever occurs later. Title VII: Unfair Labor Practices - Provides that it shall be an unfair labor practice for an agency covered by this Act: (1) to interfere with, restrain, or coerce employees in the exercise of the rights assured by this Act; (2) to discourage membership in any labor organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment; (3) to sponsor, control, or otherwise assist any labor organization, except that the agency may furnish customary and routine services and facilities; (4) to discipline or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition, or given any information or testimony under this Act; (5) to refuse to consult, confer, or negotiate in good faith with a labor organization as required by this Act; (6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this Act; or (7) to fail or refuse to comply with any provision of this Act. Provides that it shall be an unfair labor practice for a labor organization: (1) to interfere with, restrain, or coerce any employee in the exercise of the rights assured by this Act: provided that this shall not impair the right of a labor organization to prescribe and enforce its rules with respect to the acquisition or retention of membership; (2) to cause or attempt to cause an agency to discriminate against an employee in the exercise of his rights under this Act; (3) to coerce or discipline any member of the labor organization as punishment or reprisal for the discharge of his duties as an officer or employee of an agency covered by this Act; (4) to discriminate against any employee with regard to the terms or conditions of membership because of race, color, religion, sex, age, or national origin; and (5) to refuse to cooperate in impasse procedures and impasse decisions as required by this Act. Title VIII: Prevention of Unfair Labor Practices - Empowers the Authority to prevent any person from engaging in any unfair labor practice covered by this Act. Provides that the Authority, upon its determination that there has been an arbitrary, capricious, or otherwise knowing violation of this Act, by any supervisor or official of an agency covered by this Act, may order the agency to discipline the supervisor or official by demotion, suspension, or removal. Title IX: Negotiation Disputes and Impasses - Directs the Federal Mediation and Conciliation Service to provide services and assistance to thoses agencies and labor organizations covered by this Act in the resolution of negotiation disputes. Provides that where voluntary arrangements, including the services of the Service under this title, fail to resolve a negotiation impasse, either party may request the Federal Labor Relations Authority to consider the matter. Provides that if the parties do not arrive at a settlement through means assisted by the Authority, the Authority shall render its decision in writing on the matters in dispute. Provides that such decision by the Authority shall be final and binding upon all parties during the term of the arrangement. Title X: Investigatory Powers - Grants investigatory powers to the Authority for the purpose of all hearings and investigations which the Authority may deem necessary and proper for the exercise of the powers vested in it by this Act. Title XI: Settlement of Grievances - Provides that a labor organization having exclusive recognition shall have the right on its own behalf or on behalf of any employee in the unit to present and process grievances and to submit to arbitration unresolved grievances. Provides for the establishment of grievance procedures available to bargaining unit employees for the settlement of grievances under this Act. Provides that such procedures shall include fixed and reasonable time limits for a decision at each grievance step. Title XII: Official Time - Provides that employees participating in any phase of proceedings under this Act shall be free to do so without suffering any loss of pay or benefits and shall be free from restraint or interference as a consequence of such participation. Title XIII: Compilation and Publication of Data - Requires the Bureau of Labor Statistics of the Department of Labor to maintain a file of copies of all available collective-bargaining agreements applicable to employees of any agency covered by this Act. Requires the Bureau to publish the full texts of all arbitration decisions settling or adjusting disputes involving such employees. Authorizes the Bureau to compile and publish all available data and factual information relating to labor-management relations in the Federal service. Title XIV: Standards of Conduct for Labor Organizations - Requires labor organizations representing or seeking to represent employees pursuant to this Act to adopt governing requirements containing explicit and detailed provisions to which it subscribes, including those providing for the maintenance of democratic procedures and practices, conduct of officers and agents, and the maintenance of fiscal integrity. Title XV: Violations, Enforcement, and Suits - Provides that any person willfully resisting or preventing any member of the Authority or an arbitrator from carrying out his duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. Title XVI: Funding - Authorizes the appropriation of such sums as are necessary to carry out the functions and purposes of this Act. Title XVII: Miscellaneous Provisions - Provides that the provisions of the Administrative Procedure Act shall be applicable to the issuance, amendment, or recision of any rules or regulations authorized or required to carry out the provisions of this Act. (Amends 5 U.S.C. 5314)
United States · United States Congress · 11 January 1973
News Media Source Protection Act - States that the policy of the United States is to permit the flow of information from individuals through the media to the public with reasonable freedom from governmental intrusion, so that constitutional protection of a free flow of news is divested only when a compelling and overriding interest in the source of such information can be demonstrated. Sets forth the following procedural determinations needed prior to any consideration of compulsory disclosure of news media sources: (1) a demonstration that there is probable cause to believe a crime has been committed, and that the testimony sought is directly relevant to a central issue in that criminal allegation; and (2) a demonstration that no reasonable alternative for obtaining the testimony is available. Extends the protection of this Act to any legitimate member of the professional news media, including an individual regularly engaged in gathering, collecting, photographing, filming, writing, editing, interpreting, announcing, or broadcasting local, national, or worldwide events or other matters of public concern, or public interest, or affecting the public welfare, for publication or transmission through a news medium. Describes the sources of writtin, oral or pictorial information or communication to which protection under this Act is assured. Provides that no legitimate member of the professional news media shall be held in contempt, or adversely prejudiced, before any grand jury, agency, department, or commission of the United States or by either House of or any committee of Congress for refusing to disclose information or communication as to news media sources. States that where a person seeks disclosure of any news media information or communication from a person who is a legitimate member of the professional news media and who refuses to make such disclosure in a proceeding before any Federal court of the United States, such person seeking disclosure may apply to a United States district court for an order providing such disclosure. Requires such application to state in writing the name of any specific individual from whom disclosure is sought, the specific nature of the source or content of information sought, the direct relevance of such evidence, and any information demonstrating that such evidence is not reasonably available by alternative means. Allows appeals as a matter of rights, of any order entered pursuant to an application under this Act, and permits a stay of such order. Provides that an application for disclosure shall be granted when the applicant has established that the person seeking protection of a source is not a legitimate member of the professional news media, or that the information sought is not a news media information source, or information or communication affecting a news media source. Permits the granting of an application for disclosure when: (1) the applicant has established that the source to be disclosed is of substantial and direct relevance to a central issue of the action; (2) the applicant is able to demonstrate that the source is not reasonably available by alternative means; and (3) the action which is the subject of the court proceeding is murder, forcible rape, aggravated assault, kidnaping, airline hijacking, or when a breach of national security has been established. Allows a person to waive rights and protections afforded under this Act.
United States · United States Congress · 11 January 1973
Directs the Secretary of Agriculture to acquire specified lands within the boundaries of the Wasatch National Forest in the State of Utah for flood control and conservation purposes. Authorizes appropriations of $2,000,000 for such purposes.
United States · United States Congress · 11 January 1973
Community School Center Development Act - Declares the purpose of this Act to be to provide recreational, educational, and a variety of other community and social services through the establishment of a community school as a center for such activities in cooperation with other community groups. Title I: Community Education Center Grants - Authorizes the Commissioner of Education to make grants to institutions of higher education to develop and establish programs in community education which will train people as community school directors. Provides that each application to the Commissioner for such grants shall: (1) provide that the programs and activities for which assistance is sought will be administered by or under the supervision of the applicant; (2) describe the programs and activities for which assistance is sought; (3) set forth fiscal control and fund accounting procedures; and (4) provide for reports in such form and containing such information as the Commissioner may reasonably require. Authorizes to be appropriated such sums as may be necessary to carry out the purposes of the title. Title II: Grants for Community Schools - Authorizes the Commissioner to make grants to local educational agencies for the establishment of new community school programs and the expansion of existing ones and for the training and salaries of community school directors as well as actual and administrative and operating expenses. Establishes standards for the apportionment of project grants available to each State. Authorizes to be appropriated such sums as may be necessary to carry out the purposes of the title. Title III: Community School Promotion - Directs the Commissioner to accumulate and disseminate pertinent information to local communities, to appoint twenty-five teams of not more than four individuals each to assist communities contemplating the adoption of a community school program, and to establish a program of permanent liaison between the community school districts and the Commissioner. Establishes in the Office of the Commissioner a Community Schools Advisory Council, the members to be appointed by the President for two-year terms. Directs the Commissioner to make available to the Council such information, staffs and other assistance as it may require to carry out its activities. Authorizes to be appropriated such sums as may be necessary to carry out the purposes of the title. Title IV: Miscellaneous - Provides that nothing in this Act shall be construed to authorize any department or agency to exercise control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system. Authorizes any State or local educational agency displeased with the Commissioner's final action with respect to the approval of applications to seek judicial review of the action in the United States Circuit Court of Appeals. Allows the Commissioner to delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education. Requires the Commissioner to transmit to the President and to the Congress annually a report of activities under this Act, including the name of each applicant and the number and amount of grants.
United States · United States Congress · 11 January 1973
Authorizes the Secretary of Agriculture to acquire lands and interests therein within the boundaries of the Cache National Forest in the State of Utah in order to protect the water supply of Ogden City and surrounding areas. Authorizes to be appropriated $3,450,000, to remain available until expended, to carry out the purposes of this Act.
United States · United States Congress · 11 January 1973
Requires the chairman of a committee reporting a measure to the Senate, in nominating Senate conferees to serve on a committee of conference considering such measure, to make certain insofar as practicable that at least a majority of the conferees he nominates shall have indicated their support of such measure as passed by the Senate and their support for the prevailing opinion of the Senate on each of the principal matters of disagreement with the House of Representatives on such measure. Provides that a Senator need not be a member of the committee of the chairman nominating such conferees in order to serve as a conferee considering such measure.
United States · United States Congress · 11 January 1973
Establishes the Special Committee to Investigate Improvement in the Senate Hearing Process consisting of 19 members whose function it shall be to: (a) make a full and complete study and investigation of the extent to which the Senate investigative and legislative hearings can be conducted by Senate hearing officers who shall be professional staff members appointed by the Senate in accordance with rules to be adopted by the full Senate based on the report and recommendation of this committee; (b) make recommendations with respect to the foregoing, including proposed Senate rules, improvements in the administration of existing rules, laws, regulations, and procedures, and the establishment of guidelines and standards for the conduct of Senate hearings; and (c) on or before January 31, 1974, submit to the Senate for reference to the standing committees a final report of its study and investigation, together with its recommendations. Specifies the manner in which the President of the Senate shall designate members of the Committee, and gives the committee powers to carry out the objectives of this resolution. Requires the committee to keep a complete record of all committee actions, including a record of the votes on any question on which a record vote is demanded. Provides that no legislative measure shall be referred to the committee, and it shall have no authority to report any such measure to the Senate. Provides that the committee shall cease to exist on June 30, 1974. Provides that the expenses of the committee under this resolution, which shall not exceed $250,000, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee.
United States · United States Congress · 9 January 1973
Land Use Policy and Planning Assistance Act - Title I: Findings, Policy, and Purpose - Declares that it is a continuing responsibility of the Federal Government, consistent with the responsibility of State and local governments for land use planning and management, to undertake the development and implementation of a national land use policy which shall incorporate environmental, esthetic, economic, social, and other appropriate factors. Declares it to be the national policy to: (1) favor patterns of land use planning, management, and development which are in accord with sound environmental, economic, and social values and which encourage the wise and balanced use of the Nation's land resources; (2) assist State governments to develop and implement land use programs for non-Federal lands which will incorporate environmental, esthetic, economic, social, and other appropriate factors, and to develop a framework for the formulation, coordination, and implementation of State and local land use policies; (3) assist the State and local governments to improve upon their present land use planning and management efforts with respect to areas of critical environmental concern, key facilities, development and land use of regional benefit, and large scale development; (4) facilitate increased coordination in the administration of Federal programs and in the planning and management of Federal lands and adjacent non-Federal lands so as to encourage sound land use planning and management; and (5) promote the development of systematic methods for the exchange of land use, environmental, economic, and social data and information among all levels of governments. Title II: Aministration of Land Use Policy - Establishes in the Department of the Interior an Office of Land Use Policy Administration. Provides that the Secretary of the Interior, acting through the office, shall: (1) maintain a continuing study of the land resources of the United States and their use; (2) cooperate with the States in the development of standard methods and classifications for the collection of land use data and in the establishment of effective procedures for the exchange and dissemination of land use data; (3) develop and maintain a Federal Land Use Information and Data Center; (4) make the information maintained at the Data Center available to Federal, regional, State, and local agencies conducting or concerned with land use planning and management and to the public; and (5) administer the grant-in-aid program established under the provisions of this Act. Directs the Secretary to establish a National Advisory Board on Land Use Policy to assist the Secretary in carrying out this Act. Authorizes the States to coordinate land use planning, policies, and programs with appropriate interstate entities, and a reasonable portion of the funds made available to such States under the provisions of this Act may be used therefor. Title III: Program of Assistance to the States - Authorizes the Secretary to make annual grants to each State to assist each State in developing and administering a State land use program meeting the requirements set forth in this Act. Provides that, as a condition to the continued eligibility of any State for grants after a period of three complete fiscal years following the enactment of this Act, the Secretary shall have determined that the State has developed an adequate statewide land use planning process. Sets forth the requirements of such process. Provides that, in the determination of an adequate statewide land use process of any State, the Secretary shall confirm that the State has an eligible State land use planning agency established by the Governor of such State or by law. Provides that, as a condition of the continued eligibility of any State for grants after a period of five complete fiscal years following the enactment of this Act, the Secretary shall determine that the State has developed an adequate State land use program. Provides that such program shall include methods of implementation for: (1) assuring that use and development of land in areas of critical environmental concern within the State is not inconsistent with the State land use program; (2) assuring that the use of land in areas within the State which are or may be impacted by key facilities, including the site location and the location of major improvement and major access features of key facilities, is not inconsistent with the State land use program; (3) assuring that any large-scale subdivisions and other proposed large-scale development within the State of more than local significance in its impact upon the environment is not inconsistent with the State land use program; (4) assuring that any source of air, water, noise, or other pollution in the areas or from the uses or activities listed in this part shall not be located where it would result in a violation of any pollution standard or implementation plan; (5) periodically revising and updating the State land use program to meet changing conditions; (6) assuring dissemination of information to appropriate officials or representatives of local governments and members of the public and their participation in the development of and subsequent revisions in the State land use program and in the formulation of State guidelines, rules, and regulations for the development and administration of the State land use program; and (7) conducting a coordinated management program for the land and water resources of any coastal zone within the State in accordance with existing or then applicable Federal or State law. Provides that such methods of implementation shall include either one or a combination of the two following general techniques: (1) implementation by local governments pursuant to criteria and standards established by the State, such implementation to be subject to State administrative review with State authority to disapprove such implementation wherever it fails to meet such criteria and guidelines; and (2) direct State land use planning and regulation. Provides that the Secretary shall not make a grant to any State pursuant to this Act until he has ascertained that the Administrator of the Environmental Protection Agency is satisfied that the land use program of such State is in compliance with the goals of the Federal Water Pollution Control Act, the clean Air Act, and other Federal laws controlling pollution which fall within the jurisdiction of the Administrator. Requires Federal projects and activities significantly affecting land use to be consistent with State land use programs which conform to the provisions of this Act. Establishes a procedure for the withholding of funds under this Title. Title IV: Federal-State Coordination and Cooperation in the Planning and Management of Federal and Adjacent Non-Federal Lands - States that all agencies of the Federal Government charged with responsibility for the management of Federal lands shall consider State land use programs prepared pursuant to this Act and attempt to coordinate the State and Federal programs. Provides that the Secretary, at his discretion or upon the request of the Governor of any State involved, shall establish an Ad Hoc Federal-State Joint Committee or Committees to review specific problems arising from the management of Federal lands and adjacent non-Federal lands. States that, upon receipt of the recommendations of such committee, the Secretary shall take any appropriate action to minimize such conflict. Directs the Secretary to report biennially to the President and Congress concerning the coordination of the management of Federal land and adjacent non-Federal lands. Title V: General - Authorizes the President to designate an agency or agencies to issue guidelines to the Federal agencies to assist them in carrying out the requirements of this Act. Directs the Secretary, with the assistance of the Office and the Board, to report biennially to the President and the Congress on land resources, uses of land, and current and emerging problems of land use. Authorizes the Secretary to make grants provided for in this Act in any amount not to exceed 66 2/3 percent of the estimiated cost of developing the State land use programs for the two fiscal years following the enactment of this Act. Provides that for the following three fiscal years grants may be made in an amount not to exceed 50 percent of the estimated cost of developing and administering such programs. Authorizes to be appropriated for grants to the States under this Act $40,000,000 for each of the first two fiscal years following the enactment of this Act and $30,000,000 for each of the next three fiscal years. Authorizes to be appropriated, for each of the five full fiscal years following the enactment of this Act, $10,000,000 to the Secretary to be used exclusively for the administration of this Act.
United States · United States Congress · 9 January 1973
Mining and Minerals Resources Research Act - Authorizes to be appropriated to the Secretary of the Interior for the fiscal year 1974 and each subsequent year thereafter sums adequate to provide $100,000 to each of the States in the first year, $150,000 in the second year, $200,000 in the third year, and $250,000 each year thereafter to assist each participating State in establishing and carrying on the work of a competent and qualified mining, minerals, and related environmental research institute, center, or equivalent agency at one college or university in that State. Requires that Federal funds used to support such institutes must be matched by non-Federal funds. Makes it the duty of each such institute to arrange for studies or experiments in relation to mining, mineral, metallurgical, ceramic, fuel, scrap recycling, mined land reclamation, underground reservoir utilization, mineral economics, and related environmental research, and to provide for the training of scientists, engineers, and technicians in these fields. Requires an annual report to the Congress by the Secretary of the receipts and expenditures and work of the institutes in all States under the provisions of this Act. Stipulates that nothing in this Act shall modify college-State relations, or authorize Federal control of education at any college or university. Authorizes the Secretary to appoint an Advisory Committee on Mining and Minerals Resources Research to consult with, and make recommendations to, the Secretary on all matters relating to mining and mineral resources research. Requires the Secretary to annually report to Congress on the receipts and expenditures and work of the institutes in all States under the provisions of this Act.
United States · United States Congress · 9 January 1973
Provides that a person eligible to receive supplemental security income benefits under title XVI of the Social Security Act (Grants to States for Aid to the Aged, Blind, or Disabled; Medicaid) may still be considered to be a member of a household or an elderly person eligible for benefits under the Food Stamp Act of 1964, and for surplus food programs under the Agricultural Act of 1949 present law removes eligibility effective January 1, 1974. (Amends 7 U.S.C. 2012(e); 1431))
United States · United States Congress · 6 January 1973
Low Tar and Nicotine Act - Provides, under the Federal Cigarette Labeling and Advertising Act, that the Federal Trade Commission shall establish acceptable levels of tar and nicotine content for cigarettes.
United States · United States Congress · 6 January 1973
Provides that no license granted for the operation of a broadcasting station under the Communications Act of 1934 shall be for a longer term than five years. Provides that an applicant for renewal who is legally, financially and technically qualified shall be awarded the grant if such applicant shows that its broadcast service during the preceding license period has reflected a good-faith effort to serve the needs and interests of its area as represented in its immediately preceding and pending license renewal application and if it has not demonstrated a callous disregard for law or the Commission's regulations.
United States · United States Congress · 6 January 1973
Federal Employees Political Activities Act - Provides that Federal employees are permitted to: (1) register and vote in any election; (2) express opinions freely in private and in public on any political subject or candidate; (3) join a political party or other party organization and actively participate in its affairs, while not on duty, except to serve as an officer of a political party or party organization; (4) contribute money voluntarily for political purposes; (5) become a candidate for and serve in a local office as provided in this title; and (6) serve as a delegate to a political or constitutional convention, so long as such service does not interfere with the time and attention required as Federal employees. Prohibits any Federal employee or any individual referred to in this Act from: (1) using official authority or influence for the purpose of interfering with or affecting the result of any election or the nomination or the election of any candidate for public office or political party office; (2) using official authority or influence for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any person for the purpose of interfering with the right of, or causing, such person to vote or not to vote as he may choose; (3) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce any Federal employee or State or local employee to pay, lend, or contribute anything of value, including services, to a party, committee, organization, agency, or person for political purposes; (4) using official authority or influence to coerce, or attempt to coerce, any political action by an individual, group of individuals, or organization; and (5) using or attempting to use official authority or influence over any person by conferring any benefits, such as a promise of employment or compensation, or effecting any reprisal, such as deprivation of employment, position, compensation, or promotion, because of political contributions or political activity, or lack thereof, of a Federal employee, a State or local employee, or such person. Specifies additional political acts which Federal employees are prohibited from undertaking. Provides that any Federal employee desiring to become a candidate for elective or appointive local office, or to hold such office, shall notify his agency in writing, and shall request approval from the head of the agency for a determination that such candidacy or holding of office will not be adverse to the best interests of the United States. Requires such agency head to make such a determination and approve such request unless: (1) the duties to be undertaken by the Federal employee as an appointive or elective officer will create a conflict of interest, or the appearance of a conflict of interest with the employing agency; (2) the duties to be undertaken by the Federal employee as an appointive or elective official will interfere with the time and attention such employee is required to devote to the work of the employing agency; (3) the campaign for office will interfere with the time and attention the Federal employee is required to devote to the work of the employing agency; or (4) the candidacy or holding of office will conflict with the provisions of any other law, or regulations issued thereunder, applicable to the agency and its employees. Sets forth penalties for violations of the provisions of this Act. Provides that the Civil Service Commission shall have authority to investigate reports and allegations of activity prohibited by this Act. Sets forth the administrative procedure to be followed by the Commission during all stages of such proceedings or investigations. States that a Federal employee upon whom a penalty was imposed as the final outcome of such proceeding may institute an action for judicial review. Provides that nothing in this Act shall be construed as authorizing Federal action which has the effect of depriving State or local government employees who are primarily engaged in the implementation of federally funded activities from enjoying as wide a range of freedom to participate in political activities as Federal employees are permitted under this Act. States that employees of a State or political subdivision thereof not qualified to participate in the State program of political activity established under this Act shall be subject to the applicable provisions of this Act as administered by the Civil Service Commission. Sets forth activities which State or local employees shall be prohibited from engaging in. Provides that any such employee who violates the provisions of this Act shall be subject to penalties specified in this Act. States that the Civil Service Commission shall notify the employing agency of any penalty, after applicable administrative proceedings, that it has imposed as a result of a violation under this Act. Provides that such agency shall certify to the Commission the measures taken to implement the penalty. Makes provision for judicial review of the Commission's order. Provides that if a State or local employee ordered to be removed or suspended by the Commission: (1) has not been removed or suspended from his position within 30 days after the Commission has given notice that the violation of such employee or official warrants removal or suspension; or (2) has been removed or suspended but subsequently has been reemployed by the same State or any other political subdivision thereof within the period prescribed by the Commission; the Commission shall certify to any appropriate agency of the United States that its directive for removal or suspension has not been complied with and require the agency of the United States to withhold loans or grants to the employing agency of the State or political subdivision thereof. Provides that any State desiring to participate in a State program of political activity administration may do so by establishing a State plan which is approved by the Commission. States that the Commission shall approve such plan which complies with requirements set forth in this Act. Directs the Civil Service Commission to study and to report to the President within one year from the date of enactment of this Act, for transmittal to the Congress, the feasibility of establishing within the executive branch of the Government of the United States, under the supervision of the Commission, a plan for voluntary contributions to political parties and candidates. Directs the Commission to study and to report to the President, for transmittal to the Congress, within one year from the date of enactment of this Act, the feasibility of establishing within the Commission an Office of Employees' Counsel. Authorizes to be appropriated to carry out the purposes of this Act not to exceed $1,000,000 per year.
United States · United States Congress · 4 January 1973
Health Maintenance Organization and Resources Development Act - Declares that the purpose of this Act is to assist in improving the system for the delivery of health care through encouragement of and support for the planning, development, and initial operation of health maintenance organizations, health service organizations, and area health education and service centers, particularly with the intent to improve the health of populations in medically underserved areas. Title I: Health Maintenance Organizations - Part A: Support of Health Maintenance Organizations - Sets forth definitions of terms used in this title. Authorizes the Secretary of Health, Education, and Welfare to make grants to public or private nonprofit agencies, organizations or institutions to assist in projects for planning or studying the feasibility of developing or expanding health maintenance organizations. Provides that no project may receive more than $250,000 in such grants. States that the Secretary shall give priority to those applicants that give assurances that at least thirty percent of their total enrollment shall be persons from medically underserved areas. Authorizes to be appropriated for such grants $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit agency, organization, or institution to assist it in meeting the costs of projects to initially develop a health maintenance organization before it begins actual operation. Provides that no project may receive more than $1,000,000 in such grants. States that priority will be given to those applicants who assure the Secretary that at least thirty percent of their total enrollment will come from medically underserved areas. Specifies the uses for such grant funds. Authorizes to be appropriated for such grants $50,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit health maintenance organization or any public or private nonprofit agency, organization, or institution intending to become a health maintenance organization to: (1) assist in meeting construction costs for ambulatory care facilities; and (2) assist in meeting capital investment costs for necessary transportation equipment. Provides that special consideration will be given to those applicants for grants to acquire or renovate existing facilities. Provides that no project may receive more than $2,500,000 in construction grants. States that priority will be given to those applicants who assure the Secretary that at least thirty percent of their total enrollment will come from medically underserved areas. Authorizes to be appropriated for such grants $74,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to public and private nonprofit health maintenance organizations to assist them in meeting operating deficits incurred during their first three years of operation. Provides that such grants may be made only after the Secretary has determined that the applicant has made reasonable attempts to meet his operating expenses. Authorizes to be appropriated for such grants $59,400,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to assist any public or private nonprofit health maintenance organization or any public or private nonprofit agency, organization, or institution intending to become a health maintenance organization to assist it in meeting the cost of constructing facilities for ambulatory care and transportation services. Provides that applications for loans to acquire or renovate existing facilities will be given special consideration. States that a loan for any project under this section may not exceed ninety percent of the costs. Authorizes to be appropriated for such loans $74,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Provides that appropriations for such loans, loan repayments, and other receipts in connection with construction loans shall be placed in a revolving fund to be used by the Secretary for such loans and other expenditures. Authorizes the Secretary to make loans to any public or private nonprofit health maintenance organization to assist it in meeting a portion of its initial operating costs in excess of its gross revenues (as determined by regulation). Authorizes to be appropriated for such loans $59,400,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Part B: Supplemental Health Maintenance Organizations - Directs the Secretary to make grants and loans to supplemental health maintenance organizations from funds appropriated under this Act in amounts not to exceed 17.5 percent of the amounts appropriated for 'regular' health maintenance organizations. Title II: Support of Health Service Organizations - Declares that it is the purpose of this title to assist in the establishment of health service organizations and area health education centers primarily directed at defined rural population groups which are characterized by a lack of medical care services. Authorizes the Secretary to make grants to public or private nonprofit agencies, organizations, or institutions to assist them in meeting the costs of projects to plan or study the feasibility of developing or expanding a health service organization. Provides that no project may receive more than $250,000 in such grants. Provides that grant funds awarded shall be available for expenditure by the grantee for no more than two years. Authorizes to be appropriated for such grants $10,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit entity to assist it in meeting the cost of a project to initially develop a health service organization before it begins actual operation. States that no project may receive more than $1,000,000 in such grants. Provides that grant funds shall be used to: (1) implement an enrollment campaign; (2) design and arrange for the provision of health services; (3) develop administrative and internal organizational arrangements; (4) recruit personnel and conduct training activities; and (5) pay architects' and engineers' fees. Authorizes to be appropriated for such grants $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to any public or private nonprofit health service organization to: (1) assist in meeting construction costs for those ambulatory care facilities (or portions of such facilities) that will be used to provide health services to its enrollees; and (2) assist in meeting capital investment costs for necessary transportation equipment that will be used to improve access to health services for its enrollees. States that special consideration will be given to those applicants for grants who acquire or renovate existing facilities. Provides that no project may receive more than $2,500,000 in construction grants under this section. Authorizes to be appropriated for such grants $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make grants to public or private nonprofit health service organizations to assist them in meeting operating deficits incurred during their first three years of operation. States that such grants may be made only after the Secretary has determined that the applicant has made reasonable attempts to obtain funds from other sources. Authorizes to be appropriated for such grants $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to assist any public or private nonprofit health service organization or any public or private nonprofit agency, organization, or institution intending to become a health service organization to meet the costs of constructing facilities for ambulatory care and transportation services. Provides that such facilities must be used by the health service organization to provide health services to its enrollees. Provides that applications for loans to acquire or renovate existing facilities will be given special consideration. States that a loan for any project under this section may not exceed ninety percent of the costs. Authorizes to be appropriated for such loans $25,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Authorizes the Secretary to make loans to any public or private nonprofit health service organization to assist it in meeting a portion of its initial operating costs in excess of its gross revenues (as determined by regulation). States that such loans (with respect to any project) may not exceed: sixty percent of such excess operating costs for the first year; forty percent of such excess operating costs for the second year; and twenty percent of such excess operating costs for the third year. Authorizes to be appropriated for such loans $20,000,000 for fiscal year 1974, and for each of the next two succeeding fiscal years. Title III: Area Health Education and Service Centers and General Requirements - Authorizes the Secretary to make grants to university health centers or to regional medical programs to assist them in meeting the costs of developing area health education and service centers. Specifies the uses for such grant funds. Authorizes to be appropriated for such grants: $25,000,000 for fiscal year 1974; $50,000,000 for fiscal year 1975; and $75,000,000 for fiscal year 1976. Authorizes the Secretary to make grants to university health centers or regional medical programs to assist them in constructing and equipping educational facilities to be used by area health education and service centers. Provides that the Secretary may award such grants only after determining that applicants are unable to receive assistance for such purposes under titles I and II of the Medical Facilities Construction and Modernization Amendments of 1970 (Hill-Burton Act) and title IX of the National Housing Act. Authorizes to be appropriated for such grants: $10,000,000 for fiscal year 1974; $20,000,000 for fiscal year 1975; and $25,000,000 for fiscal year 1976. Requires any loan made by the Secretary to bear interest at rates comparable to prevailing current interest rates for loans guaranteed under this title. States that no payment of principal on a loan is required until five years after the loan is made. Provides that loans may not be made unless the applicant gives the Secretary reasonable satisfaction of his ability to make payments of principal and interest when due and gives reasonable assurances that it will have such additional funds as are necessary to complete the project for which the loan is requested. Authorizes the Secretary, between January 1, 1974, and June 30, 1976, to: (1) guarantee loans made by non-Federal lenders to health maintenance organizations, health service organizations, and university health centers; and (2) pay interest subsidies on loans made by non-Federal lenders to private nonprofit health maintenance organizations, health service organizations, university health centers, and regional medical centers. Provides that loan guarantees and interest subsidies may be made to assist health maintenance organizations and health service organizations to carry out construction projects for ambulatory care facilities and necessary transportation equipment; to meet their initial development costs for three years; or to meet their operating costs for three years. Requires that the term of a loan for which a loan guarantee and interest subsidy is sought shall not exceed twenty-five years (if for construction) or fifteen years (if for operating costs), or such shorter period as the Secretary may prescribe. Requires an applicant to give assurances that it will keep and afford access to such records as the Secretary may require and make such reports containing such information and in such form as the Secretary may require. Requires that loan guarantees and interest subsidies be subject to such further terms and conditions that the Secretary determines are necessary. Authorizes the United States to recover amounts of its payments under a loan guarantee from the applicant unless the Secretary, for good cause, waives such right and upon making any payment the United States shall be subrogated to all the rights of the recipient of payments with respect to which the guarantee was made. Establishes in the Treasury a Health Maintenance Organization, Health Service Organization and Area Health Education and Service Center Loan Guarantee and Interest Subsidy Fund to enable the Secretary to discharge his responsibilities under loan guarantees and to make payments of interest subsidies. Authorizes to be appropriated from time to time such sums as may be necessary to provide amounts required by the Fund. Provides that, if at any time sums in the Fund are insufficient, the Secretary is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and under such terms as the Secretary may prescribe with the approval of the Secretary of the Treasury. Requires applications for assistance under this title to be submitted to and approved by the Secretary. States that applications must be submitted in such form and manner, and contain such information as the Secretary may prescribe. Requires recipients, upon completion of assistance under this title, to make a full and complete report to the Secretary describing the plans, developments, and operations in the areas enumerated in this title. Requires health maintenance organizations, health service organizations, or university health centers receiving assistance under this title to submit to the Secretary continuing assurances of financial responsibility; development and operation consistent with terms of this title and plans contained in the application; and other matters as prescribed by regulation. Requires an application for grants, loans, loan guarantees or interest subsidies to contain assurances that the applicant will enroll the maximum number of persons it will be able to serve effectively. Provides that it cannot enroll more than fifty percent of its enrollees from medically underserved areas (except in rural areas) as designated by the Secretary. Provides that such assistance may not be made unless the applicant demonstrates that it will or has met such conditions and that these conditions will be maintained. Authorizes the Secretary to terminate or cancel (after a hearing) any grant, loan, loan guarantee, or interest subsidy made to a health maintenance organization, health service organization, or university health center that is in substantial non-compliance with the material provisions of this title or after notice from the Commission on Quality Health Care that such organization has had its certificate of compliance suspended or revoked. Establishes in the Treasury a Health Maintenance Trust Fund to enable the Secretary to make grants or enter into contracts with health maintenance and health service organizations for annual capitation payments authorized under this title. Allows health maintenance organizations and health service organizations, as well as organizations and providers that receive Quality Health Care Initiative Awards, to provide health care services in States, regardless of specified restrictive provisions in State laws. States that any health care provider which is certified by the Commission on Quality Health Care Assurance is eligible to apply for a Quality Health Care Initiative Award. Authorizes to be appropriated to carry out the provisions of this section $100,000,000 for fiscal year 1974; $300,000,000 for fiscal year 1975; and $500,000,000 for fiscal year 1976. Authorizes the Secretary to make annual grants to health maintenance or health service organizations that provide health services to those individuals who cannot afford to pay the entire amount of a health maintenance or health service premium. Provides that individuals who cannot meet the entire expense of a health maintenance or health service premium will be expected to contribute a reasonable portion (as determined by the Secretary). States that the amount of such annual grants shall be equal to the difference between the maximum amount (as determined by the Secretary) an enrollee could reasonably be expected to pay toward the health maintenance, supplemental health maintenance or health service organization premium and the premium for membership enrollment in such health maintenance, supplemental health maintenance or health service organization for each person enrolled. Provides that such grants shall not exceed twenty-five percent of the total premium receipts for such health maintenance, supplemental health maintenance or health service organization for the next preceding year. Authorizes to be appropriated to make such grants $150,000,000 for fiscal year 1974; $375,000,000 for fiscal year 1975; and $700,000,000 for fiscal year 1976. Provides that where a health maintenance, supplemental health maintenance, or health service organization proposes an increase in its premium rate and the Secretary determines that such increase is due in whole or in part to fulfillment of the requirement for open enrollment, in that such organization has in its enrolled population a disproportionate number of high-risk enrollees, the Secretary shall make annual grants to such organization equal to an amount that would eliminate the need for that part of the proposed premium increase caused by such disproportionate number of high-risk enrollees in such organization. Authorizes to be appropriated to carry out the provisions of this section $100,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $350,000,000 for fiscal year 1976. Title IV: Commission on Quality Health Care Assurance - Commission on Quality Health Care Assurance Act - Establishes a Commission on Quality Health Care Assurance as an independent agency in the Executive Branch. States that the Commission shall consist of eleven members who because of their experience or education are particularly qualified to serve. Provides that membership shall include representatives of the health care delivery industry, private organizations developing quality health care standards and consumers who are not related to the delivery of health care. Sets forth the duties and administrative powers of the Commission. Allows a health care provider covered under the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 to apply for an order to permit it to be temporarily out-of-compliance with a quality health care standard. Authorizes the Commission to grant the order if the applicant: (1) is unable to comply with the standard because personnel or equipment are unavailable, or necessary construction cannot be completed by the standard's effective date; and (2) has an effective program for coming into compliance with the standard as soon as possible. Requires providers to keep records of their activities which are governed by this Act. States that such records must be made available to the Commission and to the Secretary. Authorizes the Commission to prescribe rules and regulations for inspecting a provider's records and facilities. Requires providers to publish descriptions of any health care benefit plan covered under this Act. States that plan descriptions must be published within ninety days after the plan is established or when the plan becomes subject to the provisions of this Act. Authorizes the Commission to suspend the certificate of approval of any provider that is found, after a hearing, to be out-of-compliance with quality health care standards and suspend a provider's eligibility for assistance under this Act and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963. Provides that providers who have had certificates suspended for an unreasonable period of time (as determined by the Commission) shall have their certificates revoked and shall be responsible for repaying part or all of the amounts received under such Acts. Authorizes the Commission to arrange with such providers for reimbursement of such amounts. Provides that persons who make false statements on any document required under this Act, upon conviction, will be punished by a fine of not more than $10,000 or by imprisonment of not more than six months, or both. Authorizes providers of health care to enter into programs for the handling of malpractice claims which may arise out of the care and treatment of patients. States that such programs shall be based upon agreements between the patients and the providers of health care to submit all disputes, not settled to the satisfaction of both parties, to binding arbitration. Establishes procedures whereby the Commission may, by rule, promulgate, modify, or revoke any quality health assurance system criterion or norm. Provides that nothing in this Act shall prevent any State agency or court from asserting jurisdiction under State law over any health issue with respect to which no standard criterion, or norm is in effect under this Act. Requires any State which at any time desires to assume responsibility for the development and enforcement of health standards, criterions, or norms relating to any health issue with respect to which a Federal standard, criterion, or norm has been promulgated to submit to the Commission a State plan for the development of such standards, criterions, or norms and their enforcement. Provides that the Commission shall approve the plan submitted by a State if such plan meets requirements specified in this title. Makes provision for judicial review of an adverse decision by the Commission. Provides that the United States district courts shall have jurisdiction, upon petition of the Commission, to restrain any conditions or practices by a provider of health care which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures provided by this title. States that if the Commission arbitrarily or capriciously fails to seek relief under this section, any person, who may be injured by reason of such failure, or the representative of such person may bring an action against the Commission in the United States district court for the district in which the imminent danger is alleged to exist or the provider has its principal office, or for the District of Columbia, for a writ of mandamus to compel the Commission to seek such an order and for such further relief as may be appropriate. Authorizes to be appropriated for the carrying out of the provisions of this title $75,000,000 for fiscal year 1974; $100,000,000 for fiscal year 1975; and $110,000,000 for fiscal year 1976. Establishes a Federal Medical Malpractice Insurance Program, to be administered by the Commission on Quality Health Care. Requires the Commission to make medical malpractice liability reinsurance available to primary insurers of such liability to the extend that such primary insurers are liable for damages resulting from acts of an insured who holds a valid certificate of compliance in accordance with the requirements of this title. Provides that premium rates established by the Commission shall be: (1) uniform with respect to similar classifications of risks; (2) sufficient to provide adequate proceeds to pay all claims for probable losses over a reasonable period of years; and (3) exclusive of any loading for administrative expenses of the United States under this part. Authorizes the Commission to establish a Medical Malpractice Reinsurance Fund in the Treasury which shall be available: (1) to repay to the Secretary of the Treasury such sums as may be borrowed from him (together with interest) in accordance with the authority provided in this title; (2) to pay such administrative expenses (or portion of such expenses) of carrying out the reinsurance program as the Commission may deem necessary; and (3) to pay claims and other expenses and costs of the reinsurance program (including any premium equalization payments and reinsurance claims), as the Commission deems necessary. Title V: National Institute of Health Care Delivery - Establishes in the Department of Health, Education, and Welfare a National Institute of Health Care Delivery. Provides that the Institute shall carry out a multidisciplinary research and development program to improve delivery of health care services and shall be the principal agency in the Department to coordinate and cooperate with the Commission for the improvement of health care in the United States. Provides that the Director and Deputy Director of the Institute shall be appointed by the President, by and with the consent of the Senate. Authorizes the Director to appoint not to exceed four Assistant Directors. Provides that it shall be the function of the Institute to pursue methods and opportunities to improve and advance the effectiveness, efficiency, and quality of health care delivery in the States, regions, and communities of the United States through initiation and support of studies, research, experimentation, development, demonstration and evaluation of areas and subjects set forth in this title. Provides that the Institute shall: (1) develop methods for, and support of, training of individuals to plan and conduct research, development, demonstrations, and evaluation of health care delivery and related services; (2) provide technical assistance and development of methods for the transfer of new knowledge, components, and systems to public and private agencies, programs, institutions, and individuals engaged in the improvement of health care delivery; and (3) collaborate with governments and private care institutions and programs in foreign countries for the exchange of information and support of research, experiments, demonstrations, and training in order to advance health care delivery in the United States and cooperating nations. Sets forth the administrative powers of the Director under this title. Provides that where funds are advanced for a single project under this Act by more than one Federal agency the Director may act for all in administering the funds advanced and a single non-Federal share requirement may be established according to the proportion of the funds advanced by each Federal agency. Provides for the transfer of research funds from other Government departments and agencies, with the approval of the head of the department or agency involved, for such use as is consistent for the purposes for which the funds were provided. Transfers the National Center for Health Services Research and Development from the Health Services and Mental Health Administration to the Institute. Authorizes the President, for a period of two years after the date of enactment of this title, to transfer to the Institute any functions of the Department of Health, Education, and Welfare which relate primarily to the functions, powers and duties of the Director, as described by this title. Establishes a National Advisory Council on Health Care Delivery to be composed of twenty-one members. States that the Council shall consist of the Secretary of Health, Education, and Welfare, the Chief Medical Officer of the Veterans' Administration, a medical officer designated by the Secretary of Defense, the Administrator of the Health Services and Mental Health Administration, the Director of the National Institutes of Health and the Director of the National Institute of Health Care Delivery, who shall be ex officio members, and fifteen members, who are not otherwise full-time employees of the United States, to be appointed by the President. Provides that the appointed members shall be: (1) leaders in the field of medical science, or in the organization, delivery or financing of health care; (2) leaders in the management sciences; and (3) representatives of the consumers of health care. Provides that the Council shall: (1) review programs, policies, and priorities of the Institute and centers established under this Act and advise the Director on the development and conduct of the programs of the Institute and centers; (2) examine and coordinate health care delivery efforts in cooperation and coordination with the Commission within the Department of Health, Education, and Welfare and other Federal departments and agencies so as to avoid duplication; and (3) assure that significant research and development findings of the Institute and centers are being disseminated to the health care system, and evaluate the extent such findings are making an impact on the health care delivery system. Provides that the Director shall, within one year after the date of his appointment and prior to February 1 of each year thereafter, prepare and submit a written report to the Secretary for his transmittal to the President and the Congress. Authorizes to be appropriated for the purpose of carrying out the provisions of this title (except for the provisions dealing with regional and special emphasis centers) the sums of $125,000,000 for fiscal year 1974; $150,000,000 for fiscal year 1975; and $200,000,000 for fiscal year 1976. Provides that any unexpended sums may be carried over without fiscal year limitation. Authorizes the Director to enter into cooperative arrangements with public or private nonprofit agencies or institutions to pay all or part of the cost of planning, establishing, and providing operating support for: (1) not to exceed eight regional centers to carry out multidisciplinary research and development in health care delivery; (2) the Health Care Technology Center which shall focus on all forms of technology and its application in health care delivery; and (3) the Health Care Management Center which shall focus on the improvement of management and organization in the health field, the training and retraining of administrators, and the development of leaders, planners and policy analysts in such field. Provides that Federal support shall not exceed $2,000,000 per year per center, except for the Health Care Technology Center, and such support may be funded for an initial period of not to exceed three years. Authorizes to be appropriated for the purpose of providing such support $30,000,000 for fiscal year 1974; $35,000,000 for fiscal 1975; and $40,000,000 for fiscal year 1976. Provides that any unexpended sums may be carried over without fiscal year limitation. Authorizes the Director to provide funds to be used to increase the Federal contribution to research and demonstration projects, which have been designated by the National Advisory Council as essential, above the maximum level of Federal contributions otherwise authorized by any applicable law. Provides that the increased Federal contribution shall not exceed eighty precent of the cost of such projects. Provides that not to exceed ten percent of the funds authorized by this title shall be available for such grants.
United States · United States Congress · 4 January 1973
Energy Policy Act - Declares that it is the purpose of this Act to protect and promote the interest of the people of the United States as energy users by establishing a Council on Energy Policy. Sets forth the purpose of the Council including: (1) to establish a central point for the collection, analysis and interpretation of energy statistics; (2) to coordinate all energy activities of the Federal Government; and (3) to prepare, in consultation with other interested organizations and bodies, a long range comprehensive plan for energy utilization. Provides that Congress authorizes and directs, to the fullest extent possible: (1) that the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act; and (2) that all agencies of the Federal Government shall perform the functions set forth in this Act. Creates in the Executive Office of the President a Council on Energy Policy which shall be composed of three members appointed by the President, by and with the advice and consent of the Senate. Provides that the Council shall serve as the principal advisor to the President and the Congress on energy policy. Specifies additional duties of the Council. Provides that the President shall cause to be prepared and submitted to the Congress on or before July 1, 1973, and annually thereafter, an energy report which shall include information required by this Act. Authorizes to be appropriated to carry out the provisions of this Act not to exceed $1,000,000 for fiscal year 1973, $2,000,000 for fiscal year 1974, and $4,000,000 for each fiscal year thereafter.
United States · United States Congress · 4 January 1973
Older Americans Comprehensive Services Amendments - Title I: Declaration of Objectives - States that the general purpose of this Act is to make available comprehensive health, education, and social service programs to our older citizens. Title II: Administration on Aging - Establishes in the office of the Secretary of Health, Education, and Welfare, an Administration on Aging to carry out this Act. Declares that the Commissioner on Aging shall be the principal officer of the Administration. Establishes within the Administration on Aging a National Information and Resource ClearingHouse for the Aging to collect, review, organize, publish, and disseminate information and data related to the particular problems caused by aging, including information describing measures which are or may be employed for meeting such problems. Establishes the Federal Council on the Aging to advise and assist the President as he may direct on matters relating to the special needs of Older Americans; to assist the Commissioner on Aging in carrying out his functions under this Act; to review and evaluate programs of the Federal Government and to make recommendations to the President, the Secretary of Health, Education, and Welfare, the Commissioner, and Congress on policies and programs for the aged. Provides that, not later than one hundred and twenty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President for transmittal to the Congress a complete report on the activities carried out under this Act. Title III: Grants for State and Community Programs on Aging - Prescribes standards and procedures for the establishment by the several States of State and area social service programs to concentrate resources in order to develop a greater capacity and foster development of comprehensive systems to serve older persons, to include services designed to assist older Americans in avoiding institutionalization. Authorizes appropriations totalling $600,000,000 for such programs for fiscal years 1973, 1974, and 1975. Provides that the Commissioner shall not finally disapprove any State plan, or any modification thereof, without first affording the State reasonable notice and opportunity for a hearing. Title IV: Training and Research - Directs the Commissioner to make grants to State agencies and educational institutions for the purpose of: (1) publicizing available opportunities for careers in the field of aging; (2) encouraging qualified persons to enter or re-enter the field of aging; (3) encouraging persons from other professions to undertake assignments on a part-time basis in the field of aging; and (4) assisting in covering the cost of courses of training or study in the field of aging. Authorizes the Commissioner to conduct a study of the transportation problems of older Americans, with emphasis upon solutions that are practicable and can be implemented in a timely fashion. Authorizes the appropriation of $7,500,000 for fiscal year 1973, $15,000,000 for fiscal year 1974, and $20,000,000 for fiscal year 1975 for purposes of such transportation studies and demonstration projects. Authorizes the Commissioner to make grants for the purpose of: (1) establishing multidisciplinary centers of gerontology to recruit and train personnel; (2) conducting basic research on the problem of the aged; (3) providing consultation to public and voluntary organizations; and (4) creating opportunities for research projects with respect to aging. Authorizes appropriations of $15,000,000 for fiscal year 1973, $20,000,000 for fiscal year 1974, and $25,000,000 for fiscal year 1975, for the purposes of attracting personnel to, and training personnel in, the field of aging; and for research and development projects. Authorizes appropriations of $20,000,000 for the fiscal year 1973, $30,000,000 for fiscal year 1974, and $40,000,000 for fiscal year 1975, for establishing multidisciplinary centers of gerontology. Title V: Multipurpose Senior Centers - Authorizes the Commissioner to make grants to units of general purpose local government or other public or nonprofit private agencies to pay not to exceed 75 percent of the cost of leasing, altering, or renovating existing facilities to serve as multipurpose senior centers. Establishes standards to be followed by the Commissioner in making such grants and authorizes appropriations of $35,000,000 annually for fiscal years 1973-1975 to carry out the provisions of this section. Creates a Multipurpose Senior Center Insurance Fund to be administered by the Secretary of Health, Education, and Welfare to insure mortgages on multipurpose senior centers. Authorizes appropriations of $10,000,000 for fiscal year 1973, and for each of the next two succeeding fiscal years for the purpose of making grants to meet the costs of compensation of professional and technical personnel for the initial operation of multipurpose senior centers. Title VI: National Older Americans Volunteer Program - Provides that no compensation paid to individual volunteers under the Retired Senior volunteer program under the Older Americans Act shall be considered income for any purposes. Authorizes appropriations for such program in the amount of $20,000,000 for fiscal year 1973, $30,000,000 for fiscal year 1974, and $40,000,000 for fiscal year 1975. Authorizes appropriations of $35,000,000 for fiscal year 1973, $45,000,000 for fiscal year 1974, and $55,000,000 for fiscal year 1975, for the continuation of the Foster Grandparent Program under the Older Americans Act. Title VII: Nutrition Programs - Provides, under the Older Americans Act of 1965, that the Secretary of Agriculture and the Commodity Credit Corporation may donate specified products acquired by them to a recipient of a grant or contract for providing nutritional services for the elderly. Title VIII: Amendments to Other Acts - Authorizes the Commissioner to make grants to States which have submitted a long-range program and an annual program for library services for older persons. Authorizes the Commissioner to make grants to institutions of higher education to assist such institutions in planning, developing, and carrying out programs specifically designed to apply the resources of higher education to the problems of the elderly. Directs the Commissioner to make grants to State and local educational agencies or other public or private nonprofit agencies for educational programs for elderly persons whose ability to speak and read the English language is limited and who live in an area with a culture different from their own. (Amends 42 U.S.C. 3001, 3011(b); 42 U.S.C. 3012(3), (4); 42 U.S.C. 3044; 42 U.S.C. 3044a, 3044b; Amends 20 U.S.C. 354, 355, 355nts; 20 U.S.C. 1504(a) (2); 20 U.S.C. 1505(a); 20 U.S.C. 1078; 20 U.S.C. 1209, 1210, 1211; 20 U.S.C. 954) Title IX: Community Service Employment for Older American - Older Americans Community Service Employment Act - Authorizes the Secretary of Labor to establish an older American community service program in order to promote useful part-time work opportunities in community service activities for unemployed low-income persons 55 years old or older who have poor employment prospects Makes provisions for allotment of funds to State, local and private organizations to further the purposes of the program. Authorizes appropriations of $100,000,000 for fiscal year 1973 and $150,000,000 for fiscal year 1974 to carry out this title. Title X: Middle-Aged and Older Workers Training - Middle-Aged and Older Workers Training Act - Authorizes the Secretary of Labor, through the Manpower Administration, to make loans and grants for manpower training, including on-the-job, institutional, residential, and other training, designed to upgrade the work skills and capabilities of middle-aged and older persons. Authorizes the Secretary to make such studies, rules and provisions as necessary to carry out this title. Authorizes the Secretary to carry out this title in fiscal year 1973 from funds otherwise available for similar programs. Authorizes appropriations in fiscal year 1974 of $100,000,000 for the purposes of this title.
United States · United States Congress · 4 January 1973
Increases the precentage depletion rate under the Internal Revenue Code for coal and lignite from ten percent to fifteen percent. (Amends 26 U.S.C. 613)
United States · United States Congress · 4 January 1973
Provides, under title XVIII (Medicare) of the Social Security Act, that qualified drugs requiring a physician's prescription or certification shall be included among the items and service covered under the hospital insurance program for the aged at a specified amount of payment. Establishes, within the Department of Health, Education, and Welfare, a Formulary Committee to compile and publish a Formulary listing the drugs deemed qualified for benefits under this Act, together with maximum allowable costs and additional information concerning such drugs. Makes provisions for selecting drugs for the Formulary.
United States · United States Congress · 4 January 1973
Authorizes, under the Federal Aviation Act of 1958, reduced fares on the airlines on a space-available basis for individuals twenty-one years of age or younger or sixty-five years of age or older.
United States · United States Congress · 4 January 1973
Allows a tax deduction under the Internal Revenue Code with respect to the amortization of any conversion facility built for the purpose of converting coal and oil shale to low pollutant synthetic fuels, based on a period of 60 months. Provides that the election of the taxpayer to take the amortization deduction shall be made by filing such an intent with the Secretary of the Treasury in accordance with regulations established by the Secretary. Allows for the termination of such deduction by the filing of a notice with the Secretary. (Adds 26 U.S.C. 188)
United States · United States Congress · 4 January 1973
Requires termination by July 1, 1975, of all weapons range activities conducted on or near the island of Culebra complex of the Atlantic Fleet Weapons Range. Prohibits funds from being appropriated by the Congress after such date.
United States · United States Congress · 4 January 1973
Disabled Workers Transportation Assistance Act - States that it is the purpose of this Act to provide for cash reimbursement to disabled workers who incure extraordinary transportation expenses in the production of their income solely because of the limitations imposed on them by their disability. Sets forth definitions of terms used in this Act. Provides that the Secretary of Health, Education and Welfare shall reimburse each transportation-handicapped worker for extraordinary expenses incurred by him upon a declaration by such worker that he is entitled to such reimbursement under the provisions of this Act. Provides that such payments shall be made quarterly and may be made in advance upon application therefor. States that application for reimbursement shall be made in such manner and contain such information as the Secretary shall by regulation require. Requires each State, in order to receive payment under any title of the Social Security Act, to have in effect an agreement with the Secretary under which it will: (1) disregard any amount received by an individual under this Act in determining eligibility for or the amount of any benefit paid under any public assistance program, and (2) disregard any such amount in determining the amount of such individual's income for the purpose of computing State income tax liability. Provides that such amounts shall be disregarded in determining the eligibility of such individual for, or the amount of, any Federal assistance or in determining such individual's liability for Federal personal income tax. Provides that the Secretary or his delegate shall conduct a study of this program and report his findings and recommendations to the Congress not later than January 1, 1975. Authorizes to be appropriated for fiscal year 1972 and for each of the next succeeding four fiscal years such sums as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 4 January 1973
Designates, under the Wild and Scenic Rivers Act, a 36 mile segment of the Colorado River in the State of Utah as a component of the national wild and scenic rivers system.
United States · United States Congress · 4 January 1973
Authorizes the Secretary of the Interior to establish and administer the Canyon County National Parkway in the State of Utah. Authorizes necessary appropriations to carry out the objectives of this Act.
United States · United States Congress · 4 January 1973
Education for all Handicapped Children Act - States that it is the purpose of this Act to insure that all handicapped children receive maximum special educational services not later than 1976, to insure that State and local education agencies fulfill their primary responsibilities in providing such services, and to provide financial assistance to the State and local educational agencies to enable them to provide such services. Sets forth definitions of terms used in this Act. Authorizes the Commissioner of Education to make grants pursuant to this Act for the purpose of assisting the States in improving and expanding educational services for the education of handicapped children at the preschool, elementary, and secondary school levels. Authorizes to be appropriated for fiscal years 1973 through 1977 such sums as may be necessary for carrying out the purposes of this Act. Sets forth a formula by which the sums appropriated pursuant to this Act shall be allotted. Provides that the Commissioner shall prescribe basic criteria to be applied by State agencies in approving applications for assistance under the State plan submitted under this Act. Provides that States desiring to participate in the program under this Act shall demonstrate to the Commissioner of Education that specific conditions have been met. Sets forth provisions which each State plan shall include. Provides that each participating State shall appoint an advisory panel which shall be broadly representative of individuals involved in the education of handicapped children. Sets forth the functions of such panel. Provides that the Commissioner shall report to the Congress annually regarding progress toward goals of this Act. Provides that the Federal share of programs pursuant to this Act shall be 75 percent. States that a maximum of 1 percent of the total of the grants paid under this Act for one year to a State agency may be paid to such agency by the Commissioner for the administration of this Act. Authorizes appropriations for this purpose.
United States · United States Congress · 4 January 1973
National Science Policy and Priorities Act - States the Congressional declaration that the total Federal investment in science and technology must be raised to an expenditure level which is adequate to the human needs of the nation; and that Federal programs for civilian research and engineering must be focused in such priority problem areas as health care, poverty, public safety, pollution, unemployment, productivity, housing, education, transportation, nutrition, communications, and energy resources. Title I: Science Policy and Priorities for Civilian Research and Engineering - Science Policy Act - Requires the National Science Foundation to identify, research, and report on priority areas of civilian research and engineering likely to contribute to the resolution of such national problem areas as stated above. Authorizes appropriations totalling $50,000,000 for fiscal years 1974-1976 for such purposes. Title II: Design and Demonstration of Civil Science Systems - Civil Science Systems Act - Authorizes the Foundation to initiate and support programs which use science, technology, and advanced analytical techniques, such as systems analysis, to design civil science systems which are capable of providing improved public services in such areas as health care delivery, public safety, public sanitation, pollution control, housing, transportation, public utilities, communications, and education. Establishes within, the NSF, the Civil Science Systems Administration to administer programs carried out under this title. Establishes the Civil Science Systems Advisory Council, composed of 31 members, 18 of whom shall serve for terms of 3 years and be chosen from the following areas: business, labor, engineers, social and behavioral scientists, environmental and other community groups, and consumers. Authorizes the Director of the Administration to conduct and contract for planning studies for the design and demonstration of civil science systems capable of providing improved public services. Authorizes contracts: (1) for the conduct of applied social research into the economic, sociological, political, legal, administrative, and psychological aspects of the design, development, and implementation of such civil science systems; and (2) for research, testing, and evaluation of such civil science systems which make use of advanced science and technology. Authorizes the Director to establish a computerized Civil Science Systems Information Service, which shall collect the information pertaining to civil science systems resulting from programs under this title, and shall provide information to interested Government, educational, and private organizations. Requires the Director, in conducting programs under this title, to maintain coordination with appropriate Federal, State, regional, and local governmental agencies. Authorizes appropriations for this title of $200,000,000 for fiscal year 1974, $400,000,000 for 1975, and $600,000,000 for 1976. Title III: Transition of Technical Manpower to Civilian Programs - Technical Manpower Transition Act - Authorizes the Foundation to plan and assist in the transition of scientific and technical manpower from research and engineering programs which have been terminated or significantly reduced to other civilian-oriented research and engineering activities. Establishes an Advisory Panel on Transition of Scientific and Technical Manpower to Civilian Programs, to be composed of 31 members, 18 of whom shall serve for terms of 3 years and be chosen from the following categories: engineering and natural sciences, economics and social sciences, industry, labor, public affairs and manpower training, and unemployed scientists, engineers, and technicians. Authorizes the Foundation to make grants: (1) for the conduct of research designed to study and appraise the social, economic, and managerial aspects of transition from defense research and engineering activities to civilian-oriented research and engineering activities; (2) for programs designed to facilitate the transition of scientific and technical activities to civilian programs at the State, local, or regional level; (3) for training programs for officers and employees of Federal, State, and local government who will be responsible for administering Government-assisted programs for civilian, social oriented research and engineering activities; (4) for establishing community conversion corporations which shall conduct civilian-oriented research and development activities focusing on the particular problems of the community where the corporation is located; (5) for job transition programs involving the hiring of unemployed scientists, engineers, and technicians to work on civilian-oriented projects for which they are not yet fully qualified; (6) for career transition fellowships to unemployed scientists, engineers, and technicians to enable them to pursue a course of study through which they can acquire specialized technical knowledge and skills in fields other than the ones in which they are already proficient; (7) for placement programs for unemployed or underemployed scientists, engineers, and technicians; and (8) for education programs which design courses and curriculums intended to prepare students for careers in civilian, socially oriented research and engineering activities, in areas such as pollution control, mass transit, solid waste disposal systems, public utilities, public safety systems, and health care technology. Authorizes to be appropriated to carry out this title $152,000,000 for fiscal year 1974, $203,000,000 for fiscal year 1975, and $205,000,000 for fiscal year 1976. Title IV: Protection of Pension Rights of Scientists and Engineers - Requires the Director of the National Science Foundation to develop recommendations for modifications of Federal procurement regulations to insure that scientists, engineers, and those employed under Federal procurement, construction, or research contracts or grants, shall be protected against forfeiture of pension or retirement benefits as a consequence of job transfers or loss of employment resulting from terminations or modifications of Federal contracts or procurement policies. Title V: General Provisions - Defines the terms used in this Act. Authorizes the Director to appoint additional personnel and advisory committees, and use the services of Federal, State, and local government organizations, to carry out the purposes of this Act. Makes provisions for the payment and withholding of funds under this Act. Requires records to be kept of costs by recipients of assistance under this Act. Provides for an audit of records of recipients of assistance. Requires provisions in grants or contracts under this Act governing the disposition of inventions produced thereunder in a manner calculated to protect the public interest and the equities of the individual or organization with which the grant or contract is executed. Prohibits any Foundation employee from retaining or transferring any rights, under the patent laws or transfering any rights, under the patent laws of the United States, in any invention which he may produce in connection with performing his assigned activities and which is directly related to the subject matter thereof.
United States · United States Congress · 4 January 1973
Retirement Income Security for Employees Act - Title I: Organization - Establishes within the Department of Labor an Office of Pension and Welfare Plan Administration headed by an Assistant Secretary of Labor appointed by the President with Senate advice and consent. Provides that the functions, records and personnel of the Office of Labor Management Services Administration necessary for the administration of the Welfare and Pension Plans Disclosure Act are transferred to the Office of Pension and Welfare Plan Administration. Requires that, unless exempt, the provisions of the Act apply to any pension or profit-sharing-retirement plan established or maintained by an employer, a union, or both together in any industry or activity affecting interstate commerce. Requires administrators of pension and profit-sharing-retirement plans to file applications with the Secretary of Labor for registration of such plans. Title II: Vesting and Funding Requirements - Requires that no pension or profit-sharing-retirement plan may require, as a condition of eligibility to participate in the plan, a period of service longer than one year or an age greater than 25, whichever occurs later, except that any plan which provides 100 percent immediate vesting upon entry into the plan may restrict participation to those who have attained age 30, or three years of service, whichever occurs later. Authorizes the Secretary to defer, in whole or in part, applicability of the vesting provisions for a period not to exceed five years from the effective date of such requirements where a plan makes a showing that the vesting requirements would increase the employer's costs or contributions to the plan to an extent that substantial economic injury would result to the employer and to the interests of the participants. Requires the Secretary to promulgate regulations governing funding of multi-employer plans that cover a substantial portion of the industry or employees in a specific geographic area to assure that such plans are provided with sufficient assets to cover benefits under the plan. Title III: Voluntary Portability Program for Vested Pensions - Establishes a voluntary program known as the Voluntary Portability Program for portability of vested pension credits. Requires that, plans which are members of this program are required to pay, to a central portability fund administered by the Secretary, monies representing the value of the participant's vested rights when he is separated from the plan prior to retirement. Establishes a Voluntary Portability Program Fund under the supervision of the Secretary into which payments will be made in accordance with regulations prescribed by the Secretary under the portability program. Title IV: Plan Termination Insurance Program Established - Establishes a Private Pension Plan Termination Insurance Program administered by the Secretary, which requires plans to insure unfunded vested liabilities incurred prior to enactment of the Act, as well as after enactment of the Act. Requires the insurance program to insure participants against loss of vested benefits arising from plan termination. States that the Secretary shall make arrangements with employers on equitable terms for the reimbursement of insurance paid. Title V: Disclosure and Fiduciary Standards - Requires that annual reports filed are required to be accompanied by a certificate designating the Secretary as agent for service of process in any action arising under this Act. Restructures the Advisory Council on Employee Welfare and Pension Benefit Plans so that it will serve as an advisory council for both the WPPDA and the Retirement Income Security for Employees Act. Title VI: Enforcement - Empowers the Secretary to petition the Federal courts to compel a pension or profit-sharing-retirement plan to comply with the Act or effect recoveries of moneys which may be due under the Act. Sets forth criminal penalties for interference with the rights of a pensioner or his beneficiary. Title VII: Effective Dates - Sets forth the effective dates for the provisions in this Act.
United States · United States Congress · 4 January 1973
Vietnam Disengagement Act - Limits the use of funds appropriated under the Foreign Assistance Act of 1961 with respect to military actions in Indochina to the purpose of withdrawing all United States ground, naval, and air forces and protecting such forces as they are withdrawn. Requires the withdrawal of all United States forces from Vietnam, Laos, and Cambodia to be carried out within two months after the date of enactment of this act conditioned upon the release within the two month period of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting of all Americans missing in action who have been held by or known to such Government or such forces.
United States · United States Congress · 4 January 1973
Establishes the Lone Peak Wilderness Area in the State of Utah. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 4 January 1973
Provides for the establishment of the Great Salt Lake National Monument in the State of Utah. Authorizes appropriations not to exceed $1,600,000 for acquisition and $9,135,000 for development to carry out the purposes of this Act.
United States · United States Congress · 4 January 1973
National Diabetes Research and Education Act - Directs the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases to establish a National Task Force on Diabetes to formulate a long-range plan to combat diabetes with specific recommendations concerning the utilization and organization of national resources for that purpose after conducting a comprehensive study and survey investigating the magnitude of diabetes mellitus, its epidemiology, its economic and social consequences, and an evaluation of available scientific information and the national resources capable of dealing with the problem. Requires that such National Task Force shall provide for: (1) a coordinated research program encompassing the programs of the National Institute of Arthritis, Metabolism, and Digestive Diseases, related programs of the other research institutes, and other Federal and non-Federal programs; (2) the utilization of existing research facilities and personnel of the National Institutes of Health for accelerated exploration of opportunities of special promise in scientific areas related to the known complications of diabetes mellitus; (3) a system for the collection, analysis, and dissemination of all data useful in the prevention, diagnosis, and treatment of diabetes mellitus, including the establishment of a diabetes research data bank to collect, catalog, store, and disseminate insofar as is practicable the results of diabetes research undertaken for the use of any person involved in diabetes research; (4) support of manpower programs of training in fundamental sciences and clinical disciplines to provide an expanded and continuing manpower base from which to select investigators, physicians, and allied health professions personnel, for participation in clinical and basic research and treatment programs relating to diabetes including, where appropriate, the use of training stipends, fellowships, and career awards; (5) budget estimates and projections reflecting the funds required to fully implement the recommended plan; (6) methods of education for persons having diabetes; and (7) an emphasis on the counseling to persons, especially children, having diabetes and to their families with regard to adjustments and medical regimen required of such persons. Authorizes the appropriation of $1,000,000 for the purpose of establishing the National Task Force under this Act. Directs the Director to establish programs for cooperation with State and other health agencies in the early diagnosis and treatment of diabetes as well as programs of public, professional, and patient education. Authorizes the appropriation of $5,000,000 each year for fiscal years 1973, 1974, and 1975, and the appropriation of such sums as may be necessary thereafter, for the diabetes control program. Authorizes the Director to make grants to, or contract with States, political subdivisions, universities, hospitals, and other public or nonprofit private institutions, agencies, or organizations, which are community oriented, for projects and programs for the conduct of research, demonstration, training in and utilization of allied health personnel, or public and professional education for the early diagnosis and treatment of diabetes mellitus, or counseling and assistance in self-management. Provides that such grants shall cover a maximum of 75 percent of the costs of such projects and programs. Authorizes the appropriation of $25,000,000 for fiscal year 1973, and a like sum for each of the next two succeeding fiscal years, and such sums as may be necessary thereafter, for the purpose of such grants under this Act. Authorizes the Director to establish not more than six model diabetes research, treatment, and education clinics throughout the United States within the framework of existing programs. Provides that the purpose of such clinics shall be to test the feasibility of such clinics with regard to: (1) the development of improved methods of detecting diabetes; (2) the development of improved methods of intervention against high-risk factors which cause diabetes; and (3) the development of highly skilled manpower in diabetes diagnosis, prevention, and treatment. Authorizes the appropriation for the establishment of the clinics authorized under this Act $6,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the next two succeeding fiscal years and such sums as are necessary thereafter.
United States · United States Congress · 4 January 1973
Water Rights Act - Provides that if a Federal withdrawal or reservation of Federal lands is to create a water right which shall have priority against a water right under State law, then the Federal claim shall give fair notice as to the purpose, quantity, and priority date of the water right which is claimed. Requires that the acreage limitations in the Federal reclamation law is not amended by this Act. Requires just compensation to be paid before a State can acquire under State law any vested right in the diversion, storage, or use of any navigable or nonnavigable waters.
United States · United States Congress · 4 January 1973
Department of Natural Resources and Environment Act - Establishes, as an executive department of the United States Government, the Department of Natural Resources and Environment headed by a Secretary of Natural Resources and Environment appointed by the President, by and with the advice and consent of the Senate. Transfers to and vests in the Secretary: (1) all of the functions of the Secretary of the Interior, the Department of the Interior, and all officers and components of that Department; (2) the functions of the Secretary of Commerce, the Department of Commerce, and officers and components of that Department, as related to or are utilized by the National Oceanic and Atmospheric Administration; (3) the functions of the Secretary of Defense, the Secretary of the Army, the Assistant Secretary of the Army for Civil Works, and the Chief of Engineers and the Corps of Engineers of the Department of the Army, as related to or are utilized for civil works and civil regulatory functions; (4) all of the functions of the Board of Engineers for Rivers and Harbors, Coastal Engineering Research Center, Board on Coastal Engineering Research, Mississippi River Commission, and California Debris Commission; (5) the functions of the Secretary of Agriculture, the Department of Agriculture, and officers and components of that Department, as related to or are utilized by the Forest Service; (6) the functions of the Secretary of Agriculture, and officers and components of that Department, as related to or are utilized by the Soil Conservation Service; (7) the functions of the Secretary of Agriculture, the Department of Agriculture, and officers and components of that Department, as relate to or are utilized by the Natural Resource Economics Division of the Economic Research Service. (8) the functions of the Secretary of Agriculture, the Department of Agriculture, and officers and components of that Department, as relate to or are utilized by the Soil and Water Conservation Division of the Agricultural Research Service; (9) the functions of the Secretary of Transportation, the Department of Transportation, and officers and components of that Department, as related to or are utilized for pipeline safety; (10) of the functions of the Water Resources Council; (11) the functions of the Atomic Energy Commission, and officers and components of that Commission, as related to or are utilized for the civilian power program, the raw materials program, the uranium enrichment and related distribution activities constituting part of the Commission's production program, and the Plowshare program; and (12) specified functions transferred to the Administrator of the Environmental Protection Agency by Reorganization Plan Numbered 3 of 1970. Provides that all functions of the Bureau of Indian Affairs in the Department of the Interior, and all functions of the Secretary of the Interior being administered through the Bureau of Indian Affairs, are transferred to the Secretary of Health, Education, and Welfare. States that the provisions of this Act shall not affect any proceedings pending at the time this Act takes effect before any Federal instrumentality. Provides that the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect. Requires the Secretary to make an annual report to the President for submission to Congress on the activities of the Department during the preceding calendar year.
United States · United States Congress · 4 January 1973
Health Security Act - Title I: Health Security Benefits - Provides that every resident of the U.S. (and every non-resident citizen when in the U.S.) will be eligible for covered services. Permits reciprocal and "buy-in" agreements for groups or non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Provides that all necessary professional services of physicians, wherever furnished are, covered, including preventive care, with two important restrictions: (1) specialist services are covered only when performed by a qualified specialist except in emergency situations, and generally only on referral from a primary physician; and (2) psychiatric services to an ambulatory patient are covered only for active preventive, diagnostic, therapeutic or rehabilitative service with respect to mental illness. Provides that comprehensive dental services (exclusive of most orthodontic services) are covered for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered. Provides that: (1) inpatient and outpatient hospital services and services of a home health agency are covered without arbitrary limitation; and (2) pathology and radiology services are specifically included as parts of institutional services. Limits payment for skilled nursing home care to 120 days per spell of illness, except that this limit may be increased when the nursing home is owned or managed by a hospital and payment for care is made through the hospital budget. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Provides coverage for two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Provides a broad list of approved medicines available for use in institutions and by comprehensive health service organizations and a more restricted list which is available for use outside such organized settings. Provides that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Asserts that the professional services of optometrists and podiatrists are covered, subject to regulations, as are diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. States that health services furnished or paid for under a workmen's compensation law are not covered. Provides that the services of a professional practitioner are not covered if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Requires that such providers must agree to provide services without discrimination, to make no unauthorized charge to the patient for any covered service, and to furnish data necessary for utilization review by professional peers, statistical studies by the Board, and verification of information for payments. Makes professional practitioners licensed when the program begins eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to those required by his State. Establishes conditions of participation for general hospitals similar to those required by Medicare. States that the two requirements not found in the Medicare program are: (1) that the hospital must not discriminate in granting staff privileges on any grounds unrelated to professional qualifications, and (2) that it establish a pharmacy and drug therapeutics committee for supervision of hospital drug therapy. Provides that psychiatric hospitals will be eligible to participate only if the Board finds that the hospital (or a distinct part of the hospital) is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Describes as eligible a health maintenance organization which undertakes to provide an enrolled population either with complete health care or, at least, with complete health security services (other than institutional services, mental health or dental services) for the maintenance of health and the care of ambulatory patients. Permits a foundation sponsored by a county or other local medical society to participate as a provider of services. Permits the participation of community health centers or the like which, though furnishing services as comprehensive as are required by this Act, do not serve an enrolled or otherwise predetermined population and may not meet some other requirements of this Act. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the broad and general conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of remedial services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when he is acting as an employee. Provides reimbursement for any services furnished by these institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State, the scope of his permissible practice being governed by the law of the State in which he is practicing. Grants a similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Provides that three separate accounts shall be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Provides that in each of the first two years of program operation, 2 percent of the Trust Fund shall be set aside for the Health Resources Development Fund; and the allocation shall increase by 1 percent at two-year intervals to 5 percent within the next 6 years. Provides for allocation of the Health Services account among the regions of the country. Provides that the allocation to each region shall be based on the aggregate sum expended furing the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Provides that the Board shall divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, appliances, equipment; and miscellaneous services. Provides that payments for covered services provided to eligible persons by participating providers will be made from the Health Service Account in the Trust Fund. Describes the method to be used in applying, as between practitioners electing the various methods of payment (fee-for-service and capitation), the monies available in each health service area for payment to each category of professional providers. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Provides that skilled nursing homes and home health agencies will be paid in the same manner as a general hospital (on an approved annual budget basis). Provides that a health organization will be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Contains a series of provisions for developing a continuous process of health service planning and for assisting in the recruitment, education, and training of health personnel. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services, and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security program. Establishes a five-member full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Provides that the members shall be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Creates the position of an Executive Director, appointed by the Board with the approval of the Secretary. Provides that the Executive Director will serve as secretary to the Board and shall perform such duties in the administration of the program as the Board assigns to him. Provides that the program will be administered through the regional offices of the Department of Health, Education, and Welfare. Requires the establishment of sub-regional (service area) offices. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Provides that the Advisory Council will advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board directly or by contract to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, and reimbursement systems for drugs; and to make such other other studies which it considers would improve the quality of services of the administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Provides for the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. States that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to 1 percent on employees and 3.5 percent on employers. Raises the wage base for the employee tax from the present $7,800 to $15,000; or, if higher, 125 percent of the contribution and benefit base. Broadens the definitions of covered employment to include foreign agricultural workers, employees of the U.S. and its instrumentalities (other than members of the armed forces and the President, Vice-President, and Members of Congress), employees of charitable and similar organizations, railroad employees, and (for the employee tax only) employees of States and their political subdivisions and instrumentalities. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Spells out the precise effective dates of the new payroll tax provisions. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, and raises the rate to 2.5 percent, and raises the maximum taxable self-employment income from $7,800 to $15,000. Adds a new 1 percent Health Security tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of, methods of assessing the quality of health care furnished under the Health Security Act, and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commissioner shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amendable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Requires that after the effective date of benefits, no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan natives and also veterans and members of the Armed Forces, with the Health Security Benefit Program.
![Official portrait of Sen. Moss, Frank E. [D-UT]](https://www.congress.gov/img/member/m001033_200.jpg)