United States · United States Congress · 12 March 1973
Industrial Reorganization Act - Title I: Possession of Monopoly Power - Makes it unlawful for any corporation or two or more corporations, whether by agreement or not, to possess monopoly power in any line of commerce in any section of the country or with foreign nations. Sets forth rebuttable presumptions that monopoly power is possessed by a corporation or corporations. States that in other instances the burden shall lie on the Industrial Reorganization Commission established under this Act to prove the possession of monopoly power. Title II: Industrial Reorganization Commission - Establishes an independent agency to be known as the Industrial Reorganization Commission. Provides that the Commission shall be under the direction and supervision of a Commissioner, who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of seven and one-half years. Provides that the Commission shall terminate its operations fifteen years after the date of enactment of this Act, and the functions, jurisdiction, powers, and duties of the Commission shall be transferred to the Federal Trade Commission. Provides that the Commission shall study the structure, performance, and control of seven industries: chemicals and drugs, electronic computing and communication equipment, electrical machinery and equipment, energy, iron and steel, motor vehicles, and non-ferrous metals. States that such studies shall be made in order to determine whether or not there are violations of Title I of this Act and also to determine how each industry could be reorganized in order to make competition more effective. Requires the Commission to report to the Congress not later than June 30, in each odd-numbered year with respect to the status of this title, together with such recommendations, including recommendations for legislation, as it deems necessary. Sets forth the powers of the Commission. Provides that any person who is a director or officer of a registered corporation shall file a report under this title with the Commission in such form and at such times as the Commission may require. Specifies penalties for violations of this title. Title III: Establishment of Industrial Reorganization Court - Provides that the President shall appoint, by and with the advice and consent of the Senate, a chief judge and fourteen associate judges who shall constitute a court of record known as the United States Industrial Reorganization Court. Declares that such court is established under article III of the Constitution of the United States. Makes provision for single-judge trials; except that three judges may be designated to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President, or an Executive order; or (2) has broad or significant implications in the administration or interpretation of this Act. Provides that the Court shall have original jurisdiction to hear and determine all complaints and proposed orders or reorganizations filed by the Commission under Title I of this Act. Allows any corporation or corporations to, within sixty days from the entry of judgment, file a reorganization. Provides that the Court shall conduct a proceeding to determine whether or not the proposed order or orders of reorganization would restore effective competition. States that the Court shall then enter an order of reorganization to effectuate the purposes of this Act. Provides that appeal from any final order of the Court will lie only to the Supreme Court. Limits the scope of review on appeal to: (1) whether or not the Court proceeded correctly under the provisions of this title; and (2) whether or not the findings of fact of the Court are supported by substantial evidence.
United States · United States Congress · 8 March 1973
Rolling Stock Utilization and Financing Act - Title I: National Rolling Stock Information Service and Federal Railroad Equipment Obligation Insurance Fund - States that the purposes of this Act is: (1) to improve the utilization and distribution of rolling stock to meet the needs of commerce, users, shippers, the national defense, and the consuming public; (2) to assist railroads in acquiring additional rolling stock to provide fast and expeditious service to meet the increasing demands of the Nation's economy; and (3) to assist in achieving full employment by insuring adequate equipment necessary to transport the products of American industry. Defines the terms used in this Act. Creates a Federal Railroad Equipment Obligation Insurance Fund to be used to insure the interest on, and the unpaid principal balance of, any equipment obligation determined eligible for insurance. Establishes a Board to administer this Fund. Requires the Board before insuring any equipment obligation to determine in writing that specified limitations and conditions are met, including: (1) that the equipment obligation is secured by rolling stock to be financed or refinanced thereby; (2) that the terms of the equipment obligation require full payment within fifteen years from the date thereof; and (3) that the financing or refinancing of the rolling stock is justified by the present and future demand for transportation services to be rendered by the railroad or car-pooling company for which the rolling stock is procured. Authorizes the Board to issue notes or other obligations to the Secretary of the Treasury if at any time the moneys in the fund are not sufficient to pay any amount under an agreement entered into under this section. Allows the Board to consent to the modification of the provisions of an equipment obligation as to rate of interest, time of payment of interest or principal, security, or the terms and conditions or any contract of insurance entered into pursuant to this Act. Requires the transactions of the Board to be audited by the Comptroller General in accordance with such rules and regulations as he may prescribe and requires a report to be made to the Congress. Title II: To Improve Utilization - Authorizes the Secretary of Transportation to design and assist railroads in establishing a national rolling stock information system. Provides that such system shall facilitate equitable distribution and economic utilization of rolling stock by furnishing information to railroads, shippers, the Interstate Commerce Commission, and the public about rolling stock with respect to physical characteristics, origin, destination, location, availability for future loadings, and such other information as determined useful. Requires a semiannual report to Congress on progress under this title. Relieves persons contracting for the design of a national information system or the use of such information from the antitrust laws with respect to such contract. Authorizes an appropriation of $10,000,000 for purposes of this provision. Requires the Secretary to develop an index measuring the degree of utilization of freight cars, and to publish such index at least quarterly together with a report setting forth the changes in such utilization and the causes thereof. Requires the Interstate Commerce Commission to publish a report on utilization of freight cars thirty days after each report by the Secretary. Provides for a study by the Secretary, with legislative recommendations, on the utilization of freight cars and means to improve such utilization. Provides for a study on the use of abandoned railroad trackage and rights-of-way as recreational trails and camp sites. Title III: Rolling Stock Authority - Authorizes the establishment of a corporation known as the Rolling Stock Authority if substantial progress in freight car supply and utilization has not been made within three and one-half years of enactment of this Act. States that the purposes of the Authority shall be to acquire, maintain, and provide rolling stock, to manage a pool of such rolling stock, and to employ innovative concepts for equitable distribution and efficient use of such rolling stock to meet the needs of the national economy. Provides that the Authority shall have a Board of eleven Directors, consisting of the Secretary of Transportation, the Secretary of the Treasury, and nine members, to be appointed by the President upon the recommendation of specified railroad, labor, shipping, and consumer organizations. Empowers the Authority to adopt rules and regulations for the conduct of its business; sell, exchange, or otherwise dispose of its property and assets; build, own, and maintain rolling stock to be operated for the purpose of providing modern, efficient freight transportation of goods; and conduct research and development related to the purposes of this Act. Provides that every railroad shall pay to the Authority a per diem surcharge of fifty cents per car day on each general service freight car for each day that such a railroad incurs a car-hire charge for the use of such car. States that the levy shall continue until the Board of Directors determines that such sum as may be necessary for this Act but not less than $10,000,000 nor more than $30,000,000 will be due or will have been paid as of a certain date, whereupon the levy will cease. Requires the Authority to issue a negotiable interest-bearing debenture to each railroad in the amount of the per diem surcharge paid by such railroad. Empowers the Authority to incur debts for capital purposes. Permits the Secretary of the Treasury to purchase the obligations of the Authority guaranteed by the United States in an amount not to exceed $1,000,000,000. Authorizes appropriations of $10,000,000 to acquire capital stock of the Authority; and such sums as may be necessary for the Secretary of the Treasury to pay the principal and interest on notes or obligations issued as guarantees under this section. Provides for the audit of expenditures under the Government Corporation Control Act. Requires a plan for the public sale of stock in the Authority, including a program to require refinancing, and to assure that the sale of the stock will result in a wide dispersion in the ownership of the stock. Requires the Authority to establish a national rolling stock information system within one year of enactment if such system is not in operation at the date of incorporation. Provides that the Authority shall establish charges for the use of rolling stock supplied by it, and shall establish terms and conditions governing the use of its equipment. States that the Authority shall be subject to the car service provisions of the Interstate Commerce Act, and the orders of the Commission thereunder to the extent applicable. Provides that the Authority may enforce compliance with any obligation owing to it under this Act by an appropriate civil action. Prohibits a railroad from refusing to transport general service freight cars owned by the Authority. Requires an annual report to the President and the Congress by the Authority on its activities under this Act. Title IV: General Provisions - Requires the Authority, in contracts under this Act: (1) to include equitable arrangements to protect the interests of individual employees affected in their employment by any such contract; (2) to conform to prevailing practices of the railroads and nonrailroads with rolling stock building and rebuilding facilities; and (3) to insure provailing wages for construction work.
United States · United States Congress · 8 March 1973
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments - Title I: Coordination, and Personnel - Provides that the Secretary of Health, Education, and Welfare, acting through the National Institute on Alcohol Abuse and Alcoholism, shall coordinate efforts, in carrying out the purposes of all other Federal health, welfare, rehabilitation, highway safety, law enforcement and economic opportunity legislation, to deal with alcohol abuse and alcoholism. Provides that the Director of the Institute may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities under the Act. Title II: Federal Assistance for State and Local Programs - Authorizes further appro- priations for grants to States under the Act of $100,000,000 for fiscal year 1974, $100,000,000 for fiscal year 1975, and $100,000,000 for fiscal year 1976. Provides that State plans for assistance under the Act must set forth standards for construction and licensing of public and private treatment facilities, as well as standards for other community services or resources available to assist individuals to meet problems resulting from alcohol abuse. Provides that the Secretary acting through the Institute is authorized to make grants to the states for the implementation of the Uniform Alcoholism and Intoxication Treatment Act. Transfers all authorities pertaining to alcohol abuse and alcoholism under the Community Mental Health Centers Act to the authority authorized under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act. Provides that grants under the Community Mental Health Centers Act for the construction of facilities for the prevention and treatment of alcoholism shall be approved in accordance with plans setting forth: (1) a description of the site of the project; (2) plans and specifications therefor in accordance with the regulations prescribed by the Secretary for general standards of construction and equipment for facilities of different classes and different types of locations; and (3) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors of the project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. Removes the requirement under the Act that grants for specialized facilities may be made only to facilities which are a part of or affiliated with a Community Mental Health Center providing at least those essential elements of comprehensive community mental health services which are prescribed by the Secretary. Authorizes to be appropriated to carry out part B of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act, $100,000,000 for fiscal year 1974, 120,000,000 for fiscal year 1975, and 120,000,000 for fiscal year 1976. Authorizes to be appropriated for fiscal year 1974, and each of the next nine fiscal years such sums as may be necessary to continue to make grants for staffing with respect to sections under such part for which a staffing grant was made from appropriations under the above for any fiscal year ending before July 1, 1976. Removes the compulsory suspension of Federal financial assistance, under the Act, to private and public hospitals for refusing to admit or treat alcoholics.
United States · United States Congress · 8 March 1973
Public Health Service Act Extension - Extends authorizations through fiscal year 1974 for the following programs under the Public Health Service Act: (1) research and demonstrations relating to health facilities and services; (2) systems analysis of national health care plans; (3) national health surveys and studies; (4) traineeships for professional public health personnel; (5) project grants for graduate training in public health; (6) health services for domestic agricultural migrants; (7) grants to States for comprehensive State health planning; (8) project grants for areawide health planning; (9) project grants for training, studies, and demonstrations related to comprehensive national health planning; (10) grants for comprehensive public health services; (11) project grants for health services development; (12) assistance for construction of medical library facilities; (13) grants for training in medical library sciences; (14) grants for establishing, expanding, and improving the basic resources of medical libraries and related instrumentalities; (15) grants for establishment of regional medical libraries; (16) financial support of biomedical scientific publication; (17) grants for the construction of public or other nonprofit long-term care, outpatient, and rehabilitation facilities; (18) grants for the construction of public or other nonprofit hospitals and public health centers; (19) grants for the modernization of long term care, outpatient, and rehabilitation facilities, and of hospitals and public health centers; (20) loan guarantees and loans for modernization and construction of hospitals and other medical facilities; (21) construction or modernization of emergency rooms; (22) grants for construction of teaching facilities for allied health professions personnel; (23) basic and special grants to improve the quality of training for allied health professions; (24) special projects for experimentation, demonstration, and institutional improvements related to training allied health personnel; (25) traineeships for advanced training of allied health professions personnel; (26) scholarship grants for allied health professions personnel; (27) grants to encourage full utilization of educational talent for allied health professions; (28) work-study programs for personnel in the allied health professions; (29) loans for students of the allied health professions; and (30) grants for education, research, training and demonstrations in the fields of heart disease, cancer, stroke, kidney disease and other related diseases. Extends authorizations through fiscal year 1974 for the following programs under the Community Mental Health Centers Act: (1) grants for construction of public and other nonprofit community mental health centers; (2) grants for initial costs of professional and technical personnel of community mental health centers; (3) grants for developing specialized training programs, training personnel, conducting surveys and and programs of special significance related to community mental health centers; (4) grants for facilities for alcoholic rehabilitation; (5) grants for training programs, personnel, and studies related to drug abuse and rehabilitation; (6) grants for drug abuse education; (7) project grants for construction and staffing of facilities for the prevention and treatment of alochol and drug abuse; (8) grants for consultation services for alcohol and drug abuse; and (9) grants for treatment facilities to provide mental health services for children.
United States · United States Congress · 8 March 1973
Provides, under the Freedom of Information Act, that each Federal agency, upon a request under the Act that records be made available to the public, shall: (1) determine within ten days after the receipt of any such request whether to comply with such request and immediately notify the person making such request that such person has a period of twenty days within which to appeal such determination to such agency; and (3) make a determination with respect to such appeal within twenty days after the receipt of such appeal. Provides that in the case of an action in the United States district courts to enjoin an agency from withholding agency records and to order the production of any agency records improperly withheld the United States or an officer or agency thereof shall serve an answer to any complaint made in such action within twenty days after the service upon the United States attorney of the pleading in which such complaint is made. Provides that the court may assess against the United States reasonble attorney fees and other litigation costs reasonably incurred in such action in which the United States or an officer or agency thereof has not prevailed. Provides that such disclosures under the Act may be obtained in the case of investigatory records for law enforcement purposes to the extent that such records are scientific tests, reports, or data, inspection reports of any agency which relates to health or safety, or records which serve as a basis for any public policy statement made by any agency or officer or employee of the United States or which serves as a bisis for rulemaking by any agency. Provides that each agency shall submit an annual report to the Committee on Government Operations of the House of Representatives and the Committee on Government Operations of the Senate which shall include statistics on the request and appeal procedures of the Act. (Amends 5 U.S.C. 552)
United States · United States Congress · 6 March 1973
Small Business Tax Simplification and Reform Act - Title I: Tax Simplification Relating to Small Business - Creates a Committee on Tax Simplification for Small Business for the purpose of devoting continued attention to the simplification of the Internal Revenue Code to small business, and the regulations, instructions, procedures, and other publications relating to small business taxation. Provides that the membership of the Committee would include representatives of the Secretary of the Treasury (for policy matters); Internal Revenue Service (for technical matters); Office of Management and Budget (for coordinating the paperwork aspects of IRS forms, in view of the Federal Reports Act) and the Small Business Administration (to express the interests of the small business community). Creates in the Treasury Department an Office of Small Business Analyst, which would be responsible for looking at tax problems primarily from the view of small business and the free enterprise system. Calls upon the Treasury Department to make a comprehensive study of depreciation policies with particular attention to: the impact of legislation; the rapid advances in technology to which small business must adopt; and the practices of other industrialized nations. Calls upon the Treasury to study the entire range of pension, retirement, health, medical, and insurance benefits in the larger context of what both corporations (including large corporate enterprise) and other forms of business are providing for their employees and executives. Authorizes a special study of the differential effect of tax law changes on businesses of different sizes. Title II: Adjustment of Corporate Normal Tax - Effects a progressive reform in the entire corporate tax structure by providing for reductions in normal corporate tax rates based on the corporations earning. Provides that as corporate earnings rise above $1 million per year the normal tax would incline upward to a maximum of 24 percent for corporations earning over $1 billion annually. Title III: Special Provisions to Encourage Establishment of New Small Business Enterprises - Permits eligible new small business corporations an income tax deduction equal to the corporations net operating income, so long as that amount does not exceed $83,333. Allows an income tax deduction to a partnership for its organizational expenses ratably over a period of 60 months. Provides for a bad debt tax deduction for guarantors of obligations of, and lenders to, small business corporations. Title IV: Provisions to Assist Small Business Growth - Increases the additional first-year depreciation limitation for small business property from $10,000 to $20,000. Reinstates the 7 percent investment credit for specified small business property. Provides that corporate manufacturing would be allowed $50,000 worth of qualified investment. Extends the period for use of the loss carryover provisions for small businesses by allowing existing corporations to carry these losses over a ten year period. Raises the earning credit in accordance with the costs of doing business to $150,000. Allows research and development expenses of small businesses to be amortized beginning at the time they are made. Permits a limited number of surtax exemptions (up to 5) in the event members of a family are placed in proprietary positions where they have ownership of at least 50 percent of the stock (or other interest) and full time management of a separately incorporated unit of a family business. Title V: Provisions Relating to Partnerships - Allows the closing of the partnership year for a decedent at any of the following times: (1) normal close of the partnership year if there has been no prior sale, exchange, or liquidation of the partnership interest; (2) the date of any of the above described transactions; or (3) the day after the partner's death. Permits a partner to deduct currently his share of partnership losses in excess of the adjusted basis of his partnership interests, in the event that the partner is unconditionally obligated for his share of such partnership losses. Title VI: Provisions Relating to Subchapter S Corporations - Increases the Subchapter S "tax-option" to small business corporations in the following 3 ways: (1) initial shareholders could number 15, rather than the present 10; (2) shareholders in excess of this ceiling who take their stock by reason of heirship would not disqualify election; and (3) after 5 years, the number of permissible shareholders would increase to 25. Provides that the classes of shareholders shall be expanded to include: (1) trusts where stock passes pursuant to a will, and where the trust is used merely to convey the stock to a long term eligible holder within 60 days; (2) trusts where the entire income is taxable to the grantor; and (3) certain small business investment companies. Provides for nondisqualification of a Subchapter S corporation by reason of exceeding the limit of 20 percent passive income in a single year. Provides that the election privilege shall be lost pursuant to this proposal if the limit is exceeded in any 2 of 4 consecutive years. Provides that if the corporation is able to establish that the termination was, in fact, inadvertent and can gain full compliance within 90 days of notification, its Subchapter S status would be preserved for future years. Title VII: Business Development Corporations - Permits State and local development companies to extend long-term financing to non-bankable new enterprises and such companies would be permitted a bad-debt reserve deduction up to 10 percent of outstanding loans. Provides that certain types of business development corporations would be nontaxable upon the condition that the proceeds from such unusual transactions are re-invested within the area of service and no part of these proceeds inures to the benefit of any individual or private institution. Title VIII: Preservation of Small Business Independence - Allows recovery of losses in 1 or 2 quarters to the extent the newly estimated tax for the year is less than the amount already paid in. Disallows interest deductions beyond $500,000 on any loan for small business acquisition purposes. Permits valuation comparisons with any similar closely held corporation whether or not it is listed on an exchange. Changes the standard of "undue hardship" (required to qualify for 10-year estate tax installments) to "hardship". Directs the Treasury Department to conduct a comprehensive examination of the pressures of income taxes, capital gains tax, reorganization rules, and estate and gift taxes which are causing so many small businesses to sell or merge out of existence rather than continue in independent form.
United States · United States Congress · 6 March 1973
Environmental Protection Act - Declares that each person is entitled to the protection, preservation and enhancement of his environment. Establishes the right of any person to maintain a judicial action for declaratory or equitable relief, either individually or in behalf of a class of persons, without regard to the amount in controversy, to protect the environment or public trust from pollution, impairment or destruction which results from or reasonably may result from any activity and such action for relief constitutes a case or controversy. Provides that complaints in such actions shall be supported by affidavits of at least two technically qualified persons affirming that the defendant's activities damage or reasonably may damage the environment. Prescribes various judicial procedures and standards which are to govern the administration of this Act by the courts. Grants the courts authority to provide declaratory relief, temporary and permanent equitable relief, or to impose conditions on the defendant's operations which are required for the protection of the air, water, and land from unreasonable pollution impairment or destruction. Provides that the Act shall be supplementary to existing administrative and regulatory procedures provided by law and grants the court authority to remand the parties to such procedures. Provides that nothing in this Act shall prevent the granting of appropriate interim equitable relief to protect the rights recognized under this Act for as long as is necessary. Provides that any person entitled to maintain an action under the Act may intervene as a party in all such administrative and regulatory procedures. Provides that nothing in this Act shall prevent the maintenance of an action to protect rights recognized in the Act where the court finds existing administrative or regulatory procedures to be inadequate for the protection of such rights. Provides that at the initiation of any person entitled to maintain an action under this Act, such procedures shall be reviewable in a court of competent jurisdiction to the extent necessary to protect the rights recognized in the Act.
United States · United States Congress · 6 March 1973
Congressional Election Finance Act - States that the purpose of the Act is to provide adequate financing for candidates without regard to the private resources available to them; to prevent undue influence by the wealthy and the opportunity for such influence which diminishes public faith in the political system; to determine the degree to which present campaign expenditures are excessive; and to reduce pressures on candidates to become beholden to large contributors. Sets forth the definitions of terms to be used in the Act. Establishes a fund in the Treasury to be known as the Congressional Campaign Assistance Fund. Authorizes appropriations of $500,000 for such fund. Establishes a 7-member Congressional Election Finace Board with staggered six year terms. Requires the Board to make annual fiscal and operational reports to Congress and to the President. Requires the Board to develop appropriate forms, bookkeeping and reporting methods, and a filing and retrieval system. Requires the Board to preserve reports filed with it and keep them available for public inspection. Directs the Board to consult with the Senate Secretary, the House Clerk, and the Comptroller General in order to utilize to the greatest extent possible the reporting, filing, and accounting procedures used to comply with the 1971 Campaign Reform Act. Directs the Board to conduct a final audit of all subsidized campaigns and report the results. Authorizes the Board to issue rules and regulations, to require reports and records and to conduct interim reviews. Requires a hearing before any determination that a candidate has received more money from the fund than he was entitled to and must repay it. States that the statute of limitations on recouping overpayment is one year. Directs the Board to report violations to law enforcement authorities. Prohibits candidates who have previously failed to comply with the Act from receiving further subsidies. Prohibits candidates from using unrestricted private funding in the primary election. Prohibits candidates receiving primary assistance from then running in the general election outside this Act. Requires prompt notification by the Board that a candidate has qualified and of the amount to which he will be entitled in the primary, and if he is nominated, in the general election. Provides for the payment of the subsidy by the Board in approximately equal amounts monthly into an earmarked account in a Federal Deposit Insurance Corporation bank, during the period beginning at the time of notification of eligibility. Provides for payments in unequal amounts upon request and a justification by the candidate. Provides that, at the time a primary candidate becomes eligible to receive transfers from the fund, if no other candidate has qualified under state law, the applicant shall initially receive only one-third of the subsidy for which he is eligible in such installments. States that if prior to the filing deadline, at least one other candidate qualifies under state law, then the Board shall transfer the remaining two-thirds of the applicant's primary subsidy in similar installments. Requires the Board, if it determines there are insufficient monies in the fund, to pay each candidate the appropriate subsidy, to so advise the candidates and the Congress with recommendation to the latter of the necessary supplemental appropriation. Requires the Board in such cases to reduce pro rata the subsidy to each candidate and notify them of the reduction by registered mail. Requires the candidate to establish a single campaign account and to deposit therein all subsidies and contributions received. Limits the power to withdraw from this account to the candidate and, at most, three other individuals he designates who also each are responsible for compliance with all provisions of the Act. Provides that a major party primary candidate for Senate nomination shall receive the greater of: 10 cent multiplied by the voting age population, or $75,000. Provides that a major party candidate in a general Senate election shall receive the greater of: 15 cents multiplied by the voting age population, or $150,000. Provides that a major party candidate for nomination to a House seat shall receive 14 cents multiplied by the voting age population; and that a House candidate of a major party in the general election shall receive 20 cents multiplied by the voting age population. Provides that a minor party candidate shall receive 20% of the amount of subsidy to which the corresponding major party candidate would be entitled. States that a subsidized cnadidate may utilize private resources as specified in this Act. Permits a major party Senate candidate to raise privately: (1) 2 cents multiplied by the voting age population for the primary election (with a $25,000 minimum); and (2) 3 cents multiplied by the voting age population in the general election (with a $50,000 minimum). Permits majority party House candidates to raise privately: (1) 3 cents multiplied by the voting age population in the primary election; and (2) 5 cents multiplied by the voting age population in the general election. Provides that subject to specified limitations, a minor party candidate can raise private funds such that the sum of the private funding and the subsidy to which he is entitled equals the total funds available to a corresponding major party candidate. Limits the amount any person may contribute in any manner to an aggregate of $250 per candidate. Requires that contributions in excess of the limits permited be returned or covered into the fund. Prohibits contributions made in the name of another. Makes the limitations applicable to any contribution made before the candidate files for subsidies, as long as they were used for campaign expenditures. Prohibits pooling of the contributions permitted each person. Provides that the total expenditures a candidate may utilize in his campaign shall not exceed the sum of the subsidy he may receive under this Act and the amount of private funds he may raise under this Act. Permits the state central committee or national committee of a political party to underwrite all or a portion of the private financial assistance permitted subsidized candidates. Requires the national or state committee to establish a single Party Campaign Account registered with and monitored by the Board. Provides that only contributions expressly made to this Account can be used and no other party funds may be transferred to it. Requires a record of deposits and withdrawals from Party Campaign Accounts. Provides that a committee may only aid its party's nominees and only in the general election. Empowers the Board to seek to prevent actions in violation of the provisions of the Act. Permits private persons to file complaints of such violations. Permits the Board to make findings and issue an appropriate order. States that if the order is not complied with, the Board may institute a civil action and if the Board fails to act or to order a cessation of a violation, or to institute suit for failure to comply with an order, then the private party who filed the complaint with the Board may institute such a suit. Permits a candidate who is receiving or has applied for subsidy to appeal Board determinations affecting his right to subsidy or the amount of subsidy, or to challenge the Board's failure to act or any other action. Requires the Board to review the complaint and hold a prompt hearing. Permits the aggrieved candidate to seek judicial review. Provides that for a willful violation of the individual contribution limitations, or the overall spending limitations, or falsification of information, or misuse of federal subsidies, a person may be punished by a fine of not less than $5,000 nor more than the greater of $50,000 or the full amount of subsidies received, and not less than 6 months nor more than 5 years imprisonment. Punishes all other violations by a fine of not more than $10,000 or one year's imprisonment, or both. Authorizes additional appropriations as needed for subsidies and as needed for administration of this Act.
United States · United States Congress · 6 March 1973
National Advisory Commission on Health Science and Society Resolution - Establishes a National Advisory Commission on Health Science and Society comprised of 15 members to undertake a comprehensive investigation and study of the ethical, social, and legal implications of advances in biomedical research and technology, which shall include, without being limited to: (1) analysis and evaluation of scientific and technological advances in the biomedical sciences, past, current, and projected; (2) analysis and evaluation of the implications of such advances, both for individuals and for society; (3) analysis and evaluation of laws, codes, and principles governing the use of technology in medical practice; (4) analysis and evaluation through the use of seminars and public hearings and other appropriate means, of public understanding of and attitudes toward such implications; and (5) analysis and evaluation of implications for public policy of such findings as are made by the Commission with respect to biomedical advances and public attitudes toward such advances. Requires the Commission to transmit to the President and to the Congress one or more interim reports and, not later than two years after the first meeting of the Commission, one final report, containing detailed statements of the findings and conclusions of the Commission, together with its recommendations, including such recommendations for action by public and private bodies and individuals as it deems advisable. Authorizes to be appropriated such sums as may be necessary, but not to exceed $1,000,000 for each of the two years during which the Commission shall serve for the purpose of carrying out this joint resolution. Provides that on the ninetieth day after the date of submission of its final report to the President and the Congress the Commission shall cease to exist.
United States · United States Congress · 28 February 1973
Provides that a charitable organization shall be denied exemption from taxation under the Internal Revenue Code where amounts paid or incurred by such organization during each taxable year to influence legislation, including an attempt to affect the opinion of the general public, normally exceeds five percent of the yearly expenditures; or where such amounts exceed twenty percent of the yearly expenditures in any attempt to influence legislation, on a matter which directly affects any purpose for which the organization is organized through communication with its own members or with any member or employee of a legislative body, or with any other government official or employee who may participate in the formulation of the legislation. Defines charitable organization for purposes of this Act, and designates certain activities which are not included within the term "influence legislation". Provides that no income tax deduction shall be allowed for a contribution to a charitable organization if the contribution is made for the purpose of influencing legislation. (Amends 26 U.S.C. 501, 1970)
United States · United States Congress · 27 February 1973
Provides that on or after June 30, 1973, no import quota or other nontariff trade restriction shall be imposed by or pursuant to law with respect to the importation into the United States of petroleum and petroleum products. (Amends 19 U.S.C. 1862)
United States · United States Congress · 26 February 1973
Indian Self-Determination and Educational Reform Act - Title I: Indian Self-Determination Act - Authorizes the Secretary of the Interior to enter into a contract or contracts with any tribal organization of any Indian tribe to plan, conduct, and administer programs, or portions thereof, of educational assistance, agricultural assistance, and social welfare. Authorizes the Secretaries of the Interior and of Health, Education, and Welfare to make a grant or grants to any tribal organization of any such Indian tribe for planning, training, evaluation, and other activities specifically designed to make it possible for such tribal organization to enter into contracts under this Act. Provides that the Secretaries may, upon the request of any tribal organization, detail any civil service employee serving under a career or career conditional appointment for a period of up to 180 days to such organization in the planning, conduct, or administration of programs under this Act. Authorizes the Secretaries to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying out the provisions of this Act. Title II: Indian Educational Reform Act - Authorizes the Secretary of the Interior, for the purpose of providing education to Indians enrolled in the public schools of any State, to enter in contracts with any such State or political subdivision thereof, or with any Indian tribe. Provides that the Secretary shall not enter into any contract unless the prospective contractor has submitted to and has had approved by the Secretary an education plan which implies with requirements set forth in this title, including: (1) that all taxable property within each school district affected by any such proposed contract is taxed at a rate equal to the average property tax rate in the five most comparable school districts in such State which are not eligible for assistance under this Act; (2) that all funds which any such affected school district receives under the provisions of the Act of September 30, 1950 shall be considered local tax income for the purposes of this Act; and (3) that per capita payments of State and local education funds to any such affected school district are not less than the average of such payments made to such five comparable school districts in such State which are not eligible for assistance under this Act. Authorizes such appropriations as may be necessary for such programs. Authorizes the Secretary to establish and carry out a program of making grants to and contracts with institutions of higher education and other public or private nonprofit organizations or agencies with relevant experience and expertise in order to provide fellowships for the development of professionals in Indian education. Authorizes the Secretary to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands. States that in order to provide meaningful and career-related work opportunities for Indian youth who are not enrolled in educational programs during the summer months, the Secretary is authorized to establish and carry out an Indian youth intern program for Indian students sixteen years of age or older who are regularly enrolled in secondary shcool, vocational school, or higher education programs during usual school terms. Authorizes the Secretary to undertake research and development in the field of Indian education. Provides that no project shall be funded until the Secretary is satisfied that the projects do not duplicate previous research projects.
United States · United States Congress · 22 February 1973
Provides that the Secretary of Labor shall with respect to the applicability of standards established under the Occupational Safety and Health Act to small business concerns consider: (1) the distinction between small and large business concerns; (2) the applicability of each such standard on an industry-by-industry basis; and (3) where feasible and appropriate on the basis of the type of activity in each such industry, exceptions for small business concerns. Requires the Secretary to establish simplified requirements for small business concerns designed to eliminate unnecessary and duplicative recordkeeping and reporting. Provides that small business concerns shall be given upon request one onsite inspection and no citation shall be issued or penalty assessed against a small business for violation of any standards based on such inspection. Requires the Secretary to make an annual report to the Select Committee on Small Business of the Senate and the House of Representatives on the steps taken to assure that small business concerns are not unintentionally injured economically as a result of standards imposed under such Act.
United States · United States Congress · 22 February 1973
Makes it the sense of the Senate that the United States Government should seek the agreement of other governments to a treaty providing for the complete cessation of any research, experimentation, and use of any environmental or geophysical modification activity as a weapon of war. Declares that the Parties to this Treaty: (1) recognizes the vast scentific potential for human betterment through environmental and geophysical controls; (2) are aware of the great danger to the world ecological system of uncontrolled and indiscriminate use of environmental and geophysical modification activities; (3) recognizes that the development of weapons-oriented environmental and geophysical modification techniques will create a threat to peace and world order; and (4) proclaim as their principal aim the achievement of an agreement on the complete cessation of research, experimentation, and use of environmental and geophysical modification activities as weapons of war. Sets forth the Articles and terms of the proposed Treaty.
United States · United States Congress · 21 February 1973
Title I: Drug Testing and Evaluation - Provides that the Congress finds and declares: (1) that the Federal Government should assume responsibility for the necessary testing of drugs and determine whether such drugs meet the requirements for approval for commercial distribution; and (2) that drug manufacturers, should bear the expense incurred by the Secretary of Health, Education and Welfare in conducting such tests. Authorizes the Secretary to establish, staff, equip, and maintain a National Drug Testing and Evaluation Center for the purpose of testing and investigating drugs for which approval is required pursuant to this Act. States that the Center shall be operated and maintained as a part of the Food and Drug Administration, subject to the supervision and control of the Secretary. Establishes a Drug Testing Review Panel to settle disputes between the Secretary and the sponsor of a drug as to: (1) the period of time necessary to develop the necessary data; and (2) the procedures used in the testing and investigating. Provides that such a Panel shall be composed of three members, one to be selected by the Secretary, one by the sponsor and the third to be selected by the first two. Creates a National Drug Testing Evaluation Center Fund which shall be available to the Secretary without fiscal year limitation as a separate fund for the purpose of establishing the Center and for the payment of the testing and investigation of drugs carried out by qualified individuals, organizations, and institutions engaged by the Secretary for such purpose. Provides that this fund shall consist of appropriations made pursuant to this Act and all amounts received by the Secretary as charges and interest. Authorizes to be appropriated such sums as may be necessary for the purpose of furnishing initial working capital for the fund. Provides that such sums shall be repayable to the Treasury from charges collected under this title. Provides that this title shall become effective two years after this date of enactment but, to the extent that facilities and funds are available, the Secretary shall conduct tests and investigations on new drugs submitted to him prior to the effective date of this title. Title II: Federal Drug Compendium - Requires the Secretary to prepare and publish in a readable and practicable form and under a distinct and suitable name a drug compendium and to distribute such compendium on a current basis to all practitioners licensed by law to prescribe and administer drugs listed therein. Provides that such compendium shall list all drugs that are lawfully available in the United States and shall also include in such compendium the proprietary names or designations under which a drug listed in the compendium by established name is available and the names of suppliers from whom such drugs may be obtained. Authorizes the Secretary to omit drugs from the compendium if he determines that there is substantial doubt as to the safety of such drugs or compliance with this or other Federal law. Sets forth a procedure for petitioning for changes in the compendium or for preventing the delisting of drugs. Establishes an advisory committee for the purpose of advising the Secretary from time to time on matters pertaining to the compendium. Authorizes the Secretary to require, by order, any person engaged in manufacturing, preparing, compounding, processing, propagating, producing, distributing or importing any drug to furnish to the Secretary any information available to such person and relevant to any matter bearing on which drugs or information relating thereto should be included in the compendium. Provides that in case of refusal or failure to obey such an order, any district court for the judicial district in which the person is found or resides or transacts business shall, upon application by the Secretary, have jurisdiction to issue an order requiring such person to comply with the Secretary's order. Provides that the Secretary shall prescribe fees to be paid to him by persons engaged in the manufacture, preparation, propagation, compounding, processing, or distribution of drugs intended for humans, as he determines to be necessary to defray the cost of the compendium. States that such fees shall be based upon the volume of the drug business done by such persons and such other factors as the Secretary may determine to be relevant. Creates a drug compendium revolving fund which shall be available to the Secretary, without fiscal year limitation, as a revolving fund for the purpose of preparing and keeping current, publishing, and distributing the drug compendium provided for in this Act. Provides that all expenses incurred by the Secretary in carrying out this title, including refunds of overpayments for fees prescribed pursuant to this title and including payments due by reason of remission or mitigation of penalities, shall be paid from the fund. Provides for the waiver of the drug package insert requirement for a drug if such drug is intended and promoted solely for the conditions of use described in the compendium. Title III: Quality Control for Drugs Purchased by the United States or Paid for With Federal Funds Under Federally Supported Programs; Formulary of the United States - Establishes, within the Department of Health, Education and Welfare, a Formulary Committee, a majority of whose members shall be physicians and which shall consist of two officials of such Department designated by the Secretary, and of seven individuals who are of recognized professional standing and distinction in the fields of medicine, pharmacology and pharmacy. Sets forth the terms of office of the members of such Committees. Provides that the Committee shall compile, publish, and make available to all interested persons a Formulary of the United States. States that the Formulary shall contain an alphabetically arranged listing, by establishing the name, of those drugs which the Committee finds are necessary for good medical practice. Provides that the Formulary Committee shall establish such procedures, as may be necessary, to determine the propriety of the inclusion or exclusion, in the Formulary, of any drug, including such data and testing as it may require of a proponent of a drug. Makes provisions for a hearing prior to the final determination by the formulary Committee to remove a drug from the formulary. Declares that no department or agency of the government shall purchase any drug not listed in the Formulary and shall not reimburse or otherwise pay, under any program administered by it, for any drug not listed in the Formulary. Title IV: Certification of Drugs Other Than Insulin and Antibiotics - Gives the Secretary authority to require batch-by-batch certification of all drugs when needed. States that regulations providing for such certification shall contain such provisions as are necessary to carry out the purposes of this section, including provisions prescribing: (1) standards of identity and of strength, quality, and purity; (2) tests and methods of assay to determine compliance with such standards; (3) effective periods for certificates, and other conditions under which they shall cease to be effective as to certified batches and as to portions thereof; (4) administration and procedure; and (5) such fees, specified in such regulations, as are necessary to provide, equip, and maintain an adequate certification service. Title V: Regulation of Sample Drugs - Provides for the labeling and control of sample drugs. Prohibits the distribution of sample drugs except in response to a prior written request of a licensed practioner specifically requesting such sample drugs. Title VI: Miscellaneous Amendments _ Provides that (1) potentially dangerous drugs will be labeled with the appropriate warning; (2) labeling of drugs will be required so that all active ingredients will be clearly labeled; (3) no drug salesman shall make any oral presentation regarding any drug until he has placed before the physician or pharmacist a Food and Drug Administration approved document about the drug; and (4) the Secretary shall approve all advertising in advance that appears in either the electronic media, or in any publication or advertising circular, for any drug. Title VII: Public Health Price Protection Act - Provides that whenever it appears to the Surgeon General that, in the case of any drug, (1) its continued availability by reason of its general use by the medical profession may be in the public interest, (2) the usage and price levels of such drugs are such that the volume of commerce therein may not be insubstantial and (3) either there are fewer than four producers of such drug in the United States or the average price of such drug to the consumer is five times the direct cost to the producer, he shall immediately so certify to the Federal Trade Commission. Provides that if the Federal Trade Commission finds that the existence of a patent relating to the manufacture, use, or sale of such drug has constituted a substantial contributing factor to the high price of such drug, it shall institute a public rulemaking proceeding to determine whether such patent should be subject to mandatory licencing. Specifies the formulation of rules by the Commission to determine a proper price and licensing procedure. Provides civil penalties for violation of any mandatory licensing rule. Provides for judicial review of such rules.
United States · United States Congress · 21 February 1973
Sample Drug Regulation Act - Provides for the labeling and control of sample drugs. Prohibits the distribution of sample drugs except in response to a prior written request of a licensed practitioner specifically requesting such sample drugs. Specifies persons exempt from the provisions of this Act.
United States · United States Congress · 21 February 1973
Prohibits the exportation of any drug from the United States unless an application for approval of such drug has been obtained under the Federal Food, Drug and Cosmetic Act.
United States · United States Congress · 21 February 1973
Public Health Price Protection Act - Provides that whenvever it appears to the Surgeon General that in the case of any drug, (1) its continued availabiltiy by reason of its general use by the medical profession may be in the public interest, (2) the usage and price levels of such drugs are such that the volume of commerce therin may not be insubstantial, and (3) either there are fewer than four producers of such drug in the United States or the average price of such drug to the consumer is five times the direct cost to the producer; he shall immediately so certify to the Federal Trade Commission. Provides that if the Federal Trade Commission finds that the existence of a patent relating to the manufacture, use, or sale of such drug has constituted a substantial contributing factor to the high price of such drug, it shall institute a public rulemaking proceeding to determine whether such patent should be subject to mandatory licensing. Specifies the formulation of rules by the Commission to determine a proper price and licensing procedure. Provides civil penalties for violation of any mandatory licensing rule. Provides for judicial review of such rules.
United States · United States Congress · 21 February 1973
Family Farm Antitrust Act - Finds that vertical integration of the agricultural industry by corporations engaged in the processing, distributing and retail industries, and other conglomerate corporations, tends to create monopolies in the agricultural industry and produce unfair competition for family farms, contributing to the decline of rural populations and the consequent crowding of metropolitan centers. Declares it to be the national policy to restore competition to the Agricultural industry and to provide for the continuance of the family farm. Provides that no person engaged in commerce in a business other than farming, whose nonforming business assets exceed $3,000,000 shall engage in farming or the production of agricultural products, or participate in farming by any means of acquisition or control of another person who is engaged in farming. Specifies exceptions including charitable, educational, or nonprofit institutions, and farmer owned and controlled cooperatives. Directs the Secretary of Agriculture to acquire at fair market value any property of interest of which a person is required to divest himself under the provisions of this Act, if the person is otherwise unable to divest himself of such property. Authorizes appropriations of such sums as are necessary to carry out the purposes of this Act.
United States · United States Congress · 21 February 1973
Federal Drug Compendium Act - Requires the Secretary of Health, Education, and Welfare to prepare and publish in a readable and practicable form and under a distinct and suitable name a drug compendium and to distribute such compendium on a current basis to all practitioners licensed by law to prescribe and administer drugs listed therein. Provides that such compendium shall list all drugs that are lawfully available in the United States and shall provide for such drugs adequate and reliable prescribing information required for their safe and effective use. States that the Secretary shall also include in such compendium the proprietary names or designations under which a drug listed in the compendium by established name is available and the names of suppliers from whom such drugs may be obtained. Authorizes the Secretary to omit drugs from the compendium if he determines that there is substantial doubt as to the safety of such drugs or compliance with this or other Federal law. Sets forth a procedure for petitioning for changes in the compendium or for preventing the delisting of drugs. Establishes an advisory committee for the purpose of advising the Secretary from time to time on matters pertaining to the compendium. Authorizes the Secretary to require, by order, any person engaged in manufacturing, preparing, compounding, processing, propagating, producing, distributing or importing any drug to furnish to the Secretary any information available to such person and relevant to any matter bearing on which drugs or information relating thereto should be included in the compendium. Provides that in case of refusal or failure to obey such an order, any district court for the judicial district in which the person is found or resides or transacts business shall, upon application by the Secretary, have jurisdiction to issue an order requiring such person to comply with the Secretary's order. Provides that the Secretary shall prescribe fees to be paid to him by persons engaged in the manufacture, preparation, propagation, compounding, processing, or distribution of drugs intended for humans, as he determines to be necessary to defray the cost of the compendium. States that such fees shall be based upon the volume of the drug business done by such persons and such other factors as the Secretary may determine to be relevant. Creates a drug compendium revolving fund which shall be available to the Secretary, without fiscal year limitation, as a revolving fund for the purpose of preparing and keeping current, publishing, and distributing the drug compendium provided for in this Act. Provides that all expenses incurred by the Secretary in carrying out this title, including refunds of overpayments for fees prescribed pursuant to this title and including due by reason of remission or mitigation of penalties, shall be paid from the fund. Provides for the waiver of the drug package insert requirement for a drug if such drug is intended and promoted solely for the conditions of use described in the compendium.
United States · United States Congress · 21 February 1973
Gives the Secretaty of Health, Education, and Welfare authority to require batch-by-batch certification of all drugs when needed. States that regulations providing for such certification shall contain such provisions as are necessary to carry out the purposes of this section, including provisions prescribing: (1) standards of identity and of strength, quality, and purity; (2) tests and methods of assay to determine compliance with such standards; (3) effective periods for certificates, and other conditions under which they shall cease to be effective as to certified batches and as to portions thereof; (4) administration and procedure; and (5) such fees, specified in such regulations, as are necessary to provide, equip, and maintain an adequate certification service.
United States · United States Congress · 21 February 1973
Requires under the Federal Food, Drug, and Cosmetic Act, that the label on drugs include expiration dates regarding the effectiveness or potency of such drugs.
United States · United States Congress · 21 February 1973
Drug Quality Control and Formulary Act - Establishes, within the Department of Health, Education and Welfare, a Formulary Committee, a majority of whose members shall be physicians and which shall consist of two officials of such Department designated by the Secretary, and of seven individuals who are of recognized professional standing and distinction in the fields of medicine, pharmacology and pharmacy. Sets forth the terms of office of the members of such Committee. Provides that the Committee shall compile, publish, and make available to all interested persons a Formulary of the United States. States that the Formulary shall contain an alphabetically arranged listing, by established name, of those drugs which the Committee finds are necessary for good medical practice. Provides that the Formulary Committee shall establish such procedures, as may be necessary, to determine the propriety of the inclusion or exclusion, in the Formulary, of any drug, including such data and testing as it may require of a proponent of a drug. Makes provisions for a hearing prior to the final determination by the Formulary Committee to remove a drug from the Formulary. Declares that no department or agency of the Government shall purchase any drug not listed in the Formulary and shall not reimburse or otherwise pay, under any program administered by it, for any drug not listed in the Formulary.
United States · United States Congress · 21 February 1973
Drug Amendments Act - Eliminates the exception for drugs under the definition of the term "new drug" as used in the Federal Food, Drug and Cosmetic Act. Provides that any drug which is a new drug as defined by the above Act is subject to all requirements of such Act without regard to: (1) the dates upon which such drug was ever commercially used or sold in the United States; (2) whether or not a new drug application was in effect on or before October 9, 1962; (3) whether or not such drug was a new drug on or before October 9, 1962 as then defined by the Federal Food, Drug and Cosmetic Act; and (4) whether or not such drug is intended solely for use under the conditions prescribed, recommended, or suggested in labeling with respect to such drug prior to October 9, 1962. Provides that labeling, advertising, or promotional material for an article is deemed to be misleading if the representations made or suggested by statement, word, design, device, or any combination thereof relate to, concern, or otherwise bear upon: (1) the safety or effectiveness of use of a drug or device, unless such representations are based upon adequate and well controlled investigations; and (2) any attributes, characteristics, or qualities of the article, or any matter relating thereto, unless such representations are based on data, upon which experts qualified are based, upon which experts qualified in the evaluation of such data, could fairly and responsibly conclude that the representations made for the article in its labeling, advertising, or promotional material are fully supported. States that no publisher, radio broadcast licensee, or agency or medium for the dissemination of advertising or promotional material, except the manufacturer, packer, distributor, or seller of the article to which the false advertisement related, shall be liable under this Act by reason of the dissemination by him of any false advertisement of promotional material unless he has refused, on the request of the Secretary of Health, Education and Welfare to furnish the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States, who caused him to disseminate such advertisement or promotional material. Provides that whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication published at regular intervals: (1) that restraining the dissemination of a false advertisement in any particular issue of such issue at the regular time therefor, and (2) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of the prohibition against false or misleading advertising or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement; the court shall exclude such issue from the operation of a restraining order or injunction. Removes the inspection restrictions for purposes of enforcement of the Federal Food, Drug, and Cosmetic Act, of research data with respect to drugs. Provides that the Secretary may require by subpena the attendance and testimony of witnesses and the production of documentary evidence bearing on whether any food, drug, device or cosmetic is in violation of the Federal Food, Drug and Cosmetic Act.
United States · United States Congress · 21 February 1973
Provides that no information with respect to any drug shall be given orally to any licensed practitioner or pharmacist by any employee or person representing a drug firm unless immediately prior to the time such oral information is given a copy of a document is approved by the Secretary of Health, Education and Welfare relating to such drug and containing such information about such drug as the Secretary may by regulation require. Provides that all drug advertisements must be approved by the Secretary under specified guidelines. Provides that all published articles intended for health professionals dealing with drugs shall under specified regulations identify the person or persons who provided financial support to the author for his writing or research.
United States · United States Congress · 21 February 1973
Authorizes each executive agency, under the Federal Property and Administration Services Act of 1949, to furnish excess property to any grantee under a program established by law and for which funds are appropriated by the Congress if the head of that executive agency determines that the use of excess property by that grantee will: (1) expand the ability of that grantee to carry out the purposes for which the grant was made; (2) result in a reduction in the cost to the government of the grant; or (3) result in a an enhancement in the product or benefit from the grant.
United States · United States Congress · 21 February 1973
National Drug Testing and Evaluation Act - Provides for the establishment of a National Drug Testing and Evaluation Center which shall be operated and maintained as a part of the Food and Drug Administration subject to the supervision and control of the Secretary of Health, Education, and Welfare. Provides that the Secretary of Health, Education, and Welfare shall be responsible for conducting all tests for investigations on new drugs submitted to him for approval in order to determine whether such new drugs should be approved for commercial distribution, and shall be responsible for conducting tests or investigations on drugs which have been approved to determine whether or not approval of such drugs should be withdrawn. Authorizes the Secretary to contract out such studies to qualified individuals, organizations, or institutions and it shall be his responsibility to insure that the testing or investigation of any drug is conducted by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs. Provides that the sponsor of any drug submitted to the Secretary for testing and investigation shall, upon request, be provided with a report every sixty days on the results of the testing or investigation of such drug. Provides for a 3 member Drug Testing Review Panel to review, upon request of the sponsor, any facet of the investigation to which the sponsor objects. Provides that the sponsor of any new drug submitted to the Secretary for testing or investigation shall be liable for the expenses incurred, including a proportionate share of the cost of staffing, maintaining and equipping the Center. Establishes a National Drug Testing Evaluation Center fund which shall be available to the Secretary for the purpose of establishing the National Drug Testing Evaluation Center, for the purpose of furnishing initial working capital, and for other specified purposes. Provides that nothing in the bill prohibits the sponsor of any drug from conducting tests or investigations on such drug in accordance with other provisions of the Food and Drug Act.
United States · United States Congress · 21 February 1973
Requires the submission of biological criteria and performance information by applicants for new drugs. Requires the inclusion of biological criteria relating to therapeutic effectiveness and safety.
United States · United States Congress · 21 February 1973
Requires an appropriate warning on the label of any potentially dangerous drug, as determined by the Secretary of Health, Education, and Welfare. Provides for the labelling of trade names under specified circumstances. Permits the Secretary to approve upon application an official name for a new drug.
United States · United States Congress · 20 February 1973
Makes it the sense of the Senat that the President of the United States: (1) should propose an immediate suspension on underground nuclear testing to remain in effect so long as the Soviet Union abstains from underground testing; and (2) should set forth promptly a new proposal to the Government of the Union of Soviet Socialists Republics and other nations for a permanent treaty to ban all nuclear tests.
United States · United States Congress · 15 February 1973
Provides that no changes or readjustments in the schedule for rating disabilities for veterans made by the Administrator of Veterans' Affairs shall be effective unless: (1) such proposed change or readjustment is first submitted to Congress; and (2) neither House of Congress, prior to the expiration of ninety calendar days of continuous session of Congress following the date of submission of the proposed change or readjustment, has adopted a resolution stating in substance that that House does not favor the proposed change or readjustment. (Amends 38 U.S.C. 355)
United States · United States Congress · 15 February 1973
Requires that specified corporate income tax information shall be open to public inspection, shall appear in the annual shareholders report of such corporation, and shall appear in annual corporate reports submitted pursuant to the Securities Exchange Act of 1934. (Amends 26 U.S.C. 6110)
United States · United States Congress · 15 February 1973
Cosmetic Safety Act - Title I: Cosmetic Labeling - Provides for the conspicuous labeling of the ingredients of cosmetics under the Federal Food, Drug and Cosmetic Act as well as cautionary and informational labeling. Authorizes the Secretary of Health, Education, and Welfare to issue regulations to insure such proper ingredient, cautionary and informational labeling. Title II: Cosmetic Premarket Testing - Requires a manufacturer to submit to the Secretary full reports of investigations adequate to substantiate the safety of a cosmetic or cosmetic ingredient for its intended use before distributing the product commercially. Permits the Secretary to restrict or prohibit the product if the reports fail to establish the product's safety. Directs the Secretary to issue regulations establishing the kinds of scientific and medical investigations necessary to subtantiate the safety of a cosmetic. Title III: Registration and Filing Requirements - Requires every manufacturer or package of a cosmetic to register with the Secretary within thirty days of the date of enactment of this Act in accordance with regulations prescribed by the Secretary. Title IV: Sets forth the administrative procedures to contest amend, or urge the repeal of any regulation prescribed under this Act.
United States · United States Congress · 8 February 1973
Provides that the Secretary of Transportation, under the National Traffic and Motor Vehicle Safety Act, shall establish appropriate Federal motor vehicle safety standards for schoolbuses and schoolbus equipment. Provides that the Secretary shall procure experimental, prototype, and other schoolbuses for research and testing of safety standards. Requires the manufacturers or distributors of schoolbuses to certify that each such schoolbus was individually inspected and test driven for the purpose of determining its conformity to all applicable Federal motor vehicle safety standards. Provides that the National Transportation Safety Board shall make rules and regulations governing notification, reporting and investigating of each accident involving a schoolbus which results in death to any person.
United States · United States Congress · 6 February 1973
Makes it unlawful, under the Clayton Act, for any person engaged in commerce to sell, offer to sell, or contract to sell goods below cost for the purpose of destroying competition or eliminating a competion.
United States · United States Congress · 6 February 1973
Establishes the Everglades-Big Cypress National Recreation Area in the State of Florida. Authorizes necessary appropriations to carry out the provisions of this Act.
United States · United States Congress · 5 February 1973
Speedy Trial Act - Title I: Speedy Trials - Provides in any case involving a criminal defendant for the commencement of trial within 60 days from the date the defendant is arrested, served charged with an offense the appropriate judicial officer shall set a day certain for trial. with a summons, indicted or has an information filed against him. States that for the first 12 months after the date of enactment of this Act the time limit shall be 180 days and for the next 12 months such time limit shall be 120 days. Provides that certain pretrial motions, hearings or interlocutory appeals shall not be included in the 60 day computation. Permits the exclusion of periods of delay resulting from the defendant's absence, incompetence or an agreement with the prosecution. Provides that if a defendant is not brought to trial within the 60 day period, the information or indictment shall be dismissed on defendant's motion. Provides sanctions on either the counsel for the defendant or the government if they knowingly engage in dilatory practices. Provides that the Act is to become effective one year after its enactment. Directs in the interim that every judicial district adopt a plan to insure a speedy trial. Authorizes necessary appropriations to carry out the provisions of this title. Title II: Pretrial Services Agencies - Authorizes the Director of the Administrative Office of the United States Courts to establish in the 10 judicial districts a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under 18 U.S.C. chapter 207. Vests the powers of each pretrial services agency in a Board of Trustees appointed by the chief judge of that judicial district. Specifies the functions and powers of such pretrial services agencies and provides that the Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies.
United States · United States Congress · 1 February 1973
Consumer Protection Organization Act - Declares that it is the purpose of this Act to protect and promote the interests of the people of the United States as consumers of goods and services, which are made available to them through commerce or which affect commerce, by establishing a Council of Consumer Advisers, an independent Consumer Protection Agency, and a program of grants to States, local and private nonprofit consumer protection agencies and organizations. Title I: Council of Consumer Advisers - Requires the President to transmit to the Congress not later than February 1 of each year a Consumer Report of the President which shall include an analysis, evaluation, and review of: (1) the overall impact of Federal programs and activities upon consumers; (2) the effectiveness of Federal consumer protection programs and activities: (3) the degree of cooperation and coordination among Federal agencies in carrying out consumer protection programs and activities.; (4) a program for remedying any deficiencies or weaknesses in Federal consumer protection programs and activities; and (5) national policies and resources for achieving the purposes of this Act together with recommendations for new legislation. Establishes in the Executive Office of the President a Council of Consumer Advisors which shall be composed of three members appointed by the President by and with the advice and consent of the Senate. Sets forth the functions of the Council. Authorizes to be appropriated $1,500,000 annually for fiscal year 1974 - 1975 to carry the provisions of this title. Title II: Consumer Protection Agency - Establishes the Consumer Protection Agency as an independent nonregulatory agency in the executive branch of the Government. Provides that the Agency shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate, for a term of four years coterminous with the term of the President. Sets forth the functions of the Administrator, including: (1) to represent the interests of consumers before Federal agencies and Federal courts in accordance with this title; (2) to make grants to States and localities to encourage and assist consumer protection programs; (3) to receive and transmit complaints from consumers; (4) to disseminate to the public information of importance to consumers; and (5) to encourage private enterprise in the promotion and protection of the interests of consumers. Grants the Administrator authority to intervene and participate in the proceedings of Federal agencies if he determines that such proceedings may substantially affect an important interest of consumers. Provides that such proceedings must be subject to specified provisions of the Administrative procedure Act. Grants the Administrator the right to participate in Federal agency activity which is not covered by the specified provisions of the Administrative Procedure Act. Provides that whenever the Administrator determines that it would be in the interest of consumers to do so, he may request or petition a Federal agency to initiate a proceeding or activity or to take such other action as may be within the authority of such agency. Allows the Administrator to use an agency's discovery process where he is intervening or participating in an agency proceeding or activity. Authorizes the Administrator to intervene as a party or to participate in any State or local agency or court proceeding, except a criminal proceeding, where the Administrator determines that the result of such proceeding may substantially affect an important interest of consumers and when such participation has been requested in writing by an appropriate State official or agency or by the Governor of the State. Authorizes the Administrator to secure judicial review of any Federal agency action reviewable under law. Provides that each Federal agency considering any action which may substantially affect an important interest of consumers shall, upon request by the Administrator, notify him of any such proceeding or activity at such time as public notice is given. States that the Administrator shall conduct, support, and assist research, studies, investigations, conferences, and surveys concerning the interests of consumers. Authorizes the Administrator, subject to the provisions of this title, to disclose to the public information he determines appropriate in carrying out the purposes of this Act. Authorizes to be appropriated to carry out the provisions of this title $l5,000,000 for fiscal year 1974, $20,000,000 for fiscal year 1975, and $25,000,000 for fiscal year 1976. Title III: Consumer Protection Grants - Authorizes to be appropriated $20,000,000 for fiscal year 1974 and $40,000,000 for fiscal year 1975 to carry out the provisions of this title. Provides that the Administrator shall make planning and program grants to States and local public agencies to assist in the preparation and operation of consumer protection programs. States that the Federal share of any such program shall not exceed 75 percent of the costs of such program. Provides that no State shall receive more than 15 percent of such funds. Provides that no grants shall be made under this title unless an application therefor has been submitted to, and approved by, the Administrator, meeting specified criteria. Title IV: General Provisions - Sets forth definitions of terms used in this Act. Provides for public participation in agency activity. Exempts the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency, the national security or intelligence functions of the Department of Defense including the Departments of the Army, Navy, and Air Force, and the Office of Emergency Preparedness from the provisions of this Act.
United States · United States Congress · 1 February 1973
Extends the program for health services for domestic agricultural migrant workers, under the Public Health Service Act, by authorizing appropriations for such program of $60,000,000 for fiscal year 1974, $105,000,000 for fiscal year 1975, and $120,000,000 for fiscal year 1976 and $135,000,000 for fiscal year 1977. Authorizes appropriations for a total of $155,000,000 for fiscal years 1973-1977 for hospital care to domestic agricultural migratory workers and their families. (Amends 42 U.S.C. 242h)
United States · United States Congress · 1 February 1973
Worker Alienation Research and Technical Assistance Act - Directs the Secretary of Labor and the Secterary of Health, Education, and Welfare to conduct research to determine the extent and the severity of job discontent and the problems related to the nature of work in American worksites. Provides that such research shall concentrate on methods now being used in both this Nation and abroad to meet the problems of work alienation, including more flexible hours of work, reduced working days, job rotation and additional educational opportunities. Directs that the results of such research shall be disseminated to the general public. Authorizes the Secretary of Labor and the Secretary of Health, Education and Welfare to provide technical assistance to workers, unions, companies, and State and local governments for developing experiments and pilot demonstration projects aimed at solving the problems of work alienation. Provides that the Secretaries shall file reports not later than December 31, 1974, and again not later than December 31, 1975, with the Congress including any recommendations for further legislation.
United States · United States Congress · 31 January 1973
Japan-United States Friendship Act - Declares it to be the purpose of this Act to provide for the use of part of the sums to be paid by Japan to the United States in connection with the reversion of Okinawa to Japanese administration in order to enhance the understanding and support of the close friendship and mutuality of interest between our two nations. Establishes in the Treasury of the United States a trust fund to be known as the Japan- United States Friendship Trust Fund. Requires such amounts in the fund to be used for the promotion of scholarly, cultural, and artistic activities between Japan and the United States. Provides that amounts in the fund may also be used to pay administrative expenses of the Japan-United States Friendship Commission. Establishes such Commission and authorizes it to develop and carry out programs for the promotion of scholarly, cultural and artistic activities by Japan and the United States, and to make grants to carry out such programs. Makes administrative provisions to enable the Commission to carry out its functions under this Act. States that the Japan-United States Friendship Trust Fund shall consist of: (1) 10 percent of the funds paid to the United States pursuant to the agreement between Japan and the United States concerning the Ryukyu Islands and the Daito Islands; (2) any other amounts received by the fund by way of gifts and donations; and (3) interest and proceeds credited to it from portions of the fund invested by the Secretary of the Treasury. Provides that such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
United States · United States Congress · 31 January 1973
Provides that the Postal Service shall be obligated to provide postal services at rates which will encourage and support the widest possible dissemination of news, opinion, scientific, cultural, and educational matter. States that postal rates shall be established to apportion the costs of all postal operations to all users of mail on a fair and equitable basis that takes into consideration all aspects of postal policy. Provides that the rates of postage established for matter mailed at reduced rates may not include a per piece charge that is added to the basic rate of postage established for such mail matter. Provides that each rate of reduced postage for specified types of matter shall be at the rates that existed for such matter on June 1, 1972, for the first 250,000 copies of each issue mailed.
United States · United States Congress · 29 January 1973
Provides under the Occupational Safety and Health Act of 1970, that where a State has, on or before December 28, 1972, submitted a proposed State occupational safety and health standards plan, the Secretary of Labor may enter into an agreement with the State under which the State may enforce under the provisions of State law standards covering issues contained in such proposed plan pending final approval of such plan, or until December 28, 1973, whichever is earlier. (Amends 29 U.S.C. 667(a))
United States · United States Congress · 23 January 1973
Provides for the preservation of historical and archeological data. Extends coverage to all Federal and federally assisted or licensed programs which alter the terrain and potentially cause loss of scientific, prehistorical, historical or archeological data. Directs Federal agencies to notify the Secretary of the Interior if in their operations archeological or other scientific data are revealed or threatened. Provides that the Secretary of the Interior, upon notification by any responsible authority that a Federal program is threatening, damaging, or destroying such data, may evaluate (after reasonable notice to the responsible agency) the situation and cause a survey or other investigation to be made to the extent necessary to protect the public interest. Directs Federal agencies whose programs are causing damage or destruction of scientific, prehistorical, historical, or archeological data to transfer to the Secretary of the Interior a small portion of the program funds to protect or recover such data prior to its loss. Provides additional Federal funding activities to recover data on archeological programs affected by any Federal activity. Authorizes necessary appropriations to carry out the purposes of this Act.
United States · United States Congress · 23 January 1973
Emergency Medical Services Systems Development Act - Authorizes the appropriation of $300,000,000 for the fiscal years 1974-1976 for special project grants under the Public Health Service Act for the planning and development or expansion of comprehensive area emergency medical service systems. Establishes a National Emergency Medical Services Advisory Council to consult with the Secretary of Health, Education and Welfare in performing his duties under this Act relating to subdivisions or regional consortiums for the provision of comprehensive and coordinated emergency medical services. Sets forth requirements for the plans submitted by the applicants for grants under this Act. Provides for the establishment of Area Emergency Medical Services Planning Councils. Provides that the duties of such councils shall include the development of plans for areawide emergency medical services and continuous monitoring and evaluation of the operation of the emergency medical services system. Requires the Secretary to establish an Interagency Technical Committee on Emergency Medical Services. Provides that such committee shall be responsible for coordinating those aspects and resources of all Federal programs and activities relating to emergency medical services. Provides for grants for the support of research in emergency medicine techniques, methods, devices, and delivery, and authorizes appropriations annually of $5,000,000 for fiscal years 1974-1976 for such grants. Provides for an annual report by the Secretary to the Congress on the administration of this Act.
United States · United States Congress · 23 January 1973
Provides that for the period beginning April 1, 1973, and ending on March 31, 1974, the price support for milk shall not be less than 85 percent of the parity price therefor. (Amends 7 U.S.C. 1446)
United States · United States Congress · 18 January 1973
War Powers Act - Declares that it is the purpose of this Act to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of the Armed Forces of the United States in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities. States that the Act is not intended to encroach upon the recognized powers of the President, as Commander in Chief, to conduct hostilities authorized by the Congress, to respond to attacks or the imminent threat of attacks upon the United States, including its territories and possessions, to respond to attacks or the imminent threat of attacks against the Armed Forces of the United States, and under proper circumstances, to rescue endangered citizens of the United States located in foreign countries. Provides that in the absence of a declaration of war by the Congress, the Armed Forces of the United States may be introduced in hostilities, or in situations where imminent involvement in hostilities is clearly indicated by the circumstances, only: (a) to repel an armed attack upon the United States, its territories and possessions; to take necessary and appropriate retaliatory actions in the event of such an attack; and to forestall the direct and imminent threat of such an attack; (b) to repel an armed attack against the Armed Forces of the United States located outside of the United States, its territories and possessions, and to forestall the direct and imminent threat of such an attack; (c) to protect while evacuating citizens of the United States, as rapidly as possible, from any country in which such citizens are present with the express or tacit consent of the government of such country, and who are being subject to a direct and imminent threat to their lives, either sponsored by such government or beyond the power of such government to control; or (d) pursuant to specific statutory authorization, but authority to introduce the Armed Forces of the United States into hostilities shall not be inferred from any provision of law, including any provision contained in any appropriation act, unless such provisions specifically authorized the introduction of such Armed Forces in hostilities and exempts the introduction of such armed forces from compliance with the provisions of this Act. Stipulates that no treaty in force at the time of the enactment of this Act shall be construed as specific statutory authority for, or a specific exemption permitting, the introduction of the Armed Forces in any such situation. Provides that the use of the Armed Forces of the United States in hosilities pursuant to this Act shall be reported promptly in writing by the President to the Speaker of the House of Representatives and the President of the Senate, together with a full account of the circumstances under which such hostilities were initiated, the estimated scope of such hositlities, and the consistency of such hostilities with the applicable provisions of this Act. States that hostilities commenced pursuant to this Act shall not be sustained beyond thirty days from the date of their initiation except as provided in specific legislation enacted for that purpose by the Congress. Provides that hostilities commenced pursuant to this Act may be terminated prior to the thirty day period by statute or joint resolution of Congress. Directs that any bill or resolution, authorizing continuance or termination of military hostilities shall, if sponsored or co-sponsored by one third of the Members of the House of Congress in which it originates, be considered reported to the floor of such House no later than one day following its introduction, unless the Members otherwise determine by yeas and nays; and any such bill or resolution referred to a committee after having passed one House of Congress shall be considered reported from such committee within one day after it is referred to such committee, unless the Members of the House referring it to committee shall otherwise determine by yeas and nays. Provides that any bill or resolution reported shall immediately become the pending business of the House to which it is reported, and shall be voted upon within three days after such report, unless such House shall otherwise determine by yeas and nays. Declares that this Act will take affect upon enactment.
United States · United States Congress · 18 January 1973
Designates specified lands in the Isle Royale National Park in Michigan as wilderness. Designates the Gull Islands included in the Isle Royale National Park by this Act as wilderness.
![Official portrait of Sen. Nelson, Gaylord [D-WI]](https://www.congress.gov/img/member/n000033_200.jpg)