Summer youth programs, report to Con gress. Employment op- dent and Con- 49 Stat. 1011; 85 Stat. 879. 5 USC app. 87 STAT. 881 31 USC 665. objectives of providing employment and training opportunities to all persons needing occupational training. (c) The Secretary shall transmit to the Congress at the earliest appropriate date, but not later than March 1, of each calendar year a report setting forth a description of summer programs providing jobs for economically disadvantaged youth to begin in June of such year, including the number of opportunities in public and private agencies or organizations that will be provided under section 304 (a)(3) of this Act or in the case of the summer of 1974 under section 3(c), and a statement as to the total number of such persons who would be eligible for such programs, together with his recommendations, if any, for supplemental appropriations for such programs. (d) The Secretary, through the Bureau of Labor Statistics, shall annually compile and maintain information on the incidence of unemployment among offenders and shall publish the results of the information obtained pursuant to this subsection in the report required under subsection (a) of this section. (e) The Chairman of the United States Civil Service Commission, in consultation with the Secretary, shall report to the President and to the Congress no later than six months after the effective date of this Act on the extent to which and manner in which employment opportunities for offenders may be increased in the Federal service, with special reference to the criteria used in determining the suitability of offenders for Federal employment, including such recommendations for additional legislation as they deem advisable. (f) Each prime sponsor shall prepare for the Secretary, and make available, to the public, a report on its activities under the Act, including a detailed comparison of program performance with approved plan. LABOR STANDARDS SEC. 606. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating of projects, buildings, and works which are federally assisted under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). ACCEPTANCE OF GIFTS SEC. 607. The Secretary is authorized, in carrying out his functions and responsibilities under this Act, to accept in the name of the Department, and employ or dispose of in furtherance of the purposes of this Act, or any title thereof, an unconditional gift of any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes of the United States. UTILIZATION OF SERVICES AND FACILITIES SEC. 608. (a) In addition to such other authority as he may have, the Secretary is authorized, in the performance of his functions under this Act, and to the extent permitted by law, to utilize the services and facilities of departments, agencies, and establishments of the United States. The Secretary is also authorized to accept and utilize the services and facilities of the agencies of any State or political subdivision of a State, with their consent. (b) The Secretary shall carry out his responsibilities under this Act through the utilization, to the extent appropriate, of all resources for skill development available in industry, labor, public and private educational and training institutions, vocational rehabilitation agencies, and other State, Federal, and local agencies, and other appropriate public and private organizations and facilities, with their consent. INTERSTATE AGREEMENTS SEC. 609. In the event that compliance with provisions of this Act would be enhanced by cooperative agreements between States, the consent of Congress is hereby given to such States to enter into such compacts and agreements to facilitate such compliance, subject to the approval of the Secretary. PROIBITION AGAINST POLITICAL ACTIVITIES SEC. 610. The Secretary shall not provide financial assistance for any program under this Act which involves political activities; and neither the program, the funds provided therefor, nor personnel employed in the administration thereof, shall be, in any way or to any extent, engaged in the conduct of political activities in contravention of chapter 15 of title 5, United States Code. CRIMINAL PROVISIONS 5 USC 1501. SEC. 611. (a) Chapter 31 of title 18, United States Code, is amended 18 USC 664. by adding a new section 665 to read as follows: "THEFT OR EMBEZZLEMENT FROM MANPOWER FUNDS; IMPROPER INDUCEMENT "SEC. 665. (a) Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any agency receiving financial assistance under the Comprehensive Employment and Training Act of 1973 embezzles, willfully misapplies, steals, or obtains by fraud any Ante, p. 839. of the moneys, funds, assets, or property which are the subject of a grant or contract of assistance pursuant to this Act shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000, or imprisoned not more than one year, or both. (b) Whoever, by threat of procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under the Comprehensive Employment and Training Act of 1973, induces any person to give up any money or thing of any value to any person (including such grantee agency) shall be fined not more than $1,000, or imprisoned not more than one year, or both.” (b) The analysis of chapter 31 is amended by adding at the end thereof the following new item: "665. Theft or embezzlement from manpower funds; improper inducement." NONDISCRIMINATION SEC. 612. (a) No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Act. 87 STAT. 882 (b) Whenever the Secretary determines that a prime sponsor or Noncompliance. eligible applicant has failed to comply with subsection (a) or an applicable regulation, he shall notify the prime sponsor or eligible applicant of the noncompliance and shall request the prime sponsor or 78 Stat. 252. 42 USC 2000d-1, 2000d-2. 87 STAT. 883 Repeals. 42 USC 2571 note. 42 USC 2711, 2737, 2769. eligible applicant to secure compliance. If within a reasonable period of time, not to exceed sixty days, the prime sponsor or eligible applicant fails or refuses to secure compliance, the Secretary, in addition to exercising the powers and functions provided for the termination of financial assistance under this Act, is authorized (1) to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) to exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); or (3) to take such other action as may be provided by law. (c) When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a prime sponsor or eligible applicant is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (d) The Secretary shall enforce the provsions of subsection (a) dealing with discrimination on the basis of sex in accordance with section 602 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such provisions of such subsection. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act. RECORDS, AUDITS, AND REPORTS SEC. 613. In order to assure that funds provided under this Act are used in accordance with its provisions, each recipient shall (1) use such fiscal, audit, and accounting procedures as may be necessary to assure (A) proper accounting for payments received by it, and (B) proper disbursement of such payments; (2) provide to the Secretary and the Comptroller General of the United States access to, and the right to examine, any books, documents, papers, or records as he requires; and (3) make such reports to the Secretary or the Comptroller General of the United States as he requires. REPEALER SEC. 614. Effective with respect to fiscal years after June 30, 1974, the Manpower Development and Training Act of 1962 and parts A, B, and E of title I of the Economic Opportunity Act of 1964 are repealed. Unexpended appropriations for carrying out such Acts may be made available to carry out this Act, as directed by the President. EFFECTIVE DATE SEC. 615. This Act shall take effect on the date of its enactment. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-659 accompanying H. R. 11010 (Comm. on SENATE REPORTS: No. 93-304 (Comm. on Labor and Public Welfare) CONGRESS IONAL RECORD, Vol. 119 (1973): July 24, considered and passed Senate. Nov. 28, considered and passed House, amended, in lieu of Dec. 5, Senate concurred in House amendment with an Dec. 20, Senate and House agreed to conference report. Dec. 28, 1973, Presidential statement. Public Law 93-222 93rd Congress, S. 14 December 29, 1973 An Act To amend the Public Health Service Act to provide assistance and encouragement for the establishment and expansion of health maintenance organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the SHORT TITLE AND TABLE OF CONTENTS TABLE OF CONTENTS Sec. 1. Short title and table of contents. Sec. 2. Health maintenance organizations. "TITLE XIII-HEALTH MAINTENANCE ORGANIZATIONS "Sec. 1301. Requirements for health maintenance organizations. "Sec. 1302. Definitions. "Sec. 1303. Grants and contracts for feasibility surveys. "Sec. 1304. Grants, contracts, and loan guarantees for planning and for initial development costs. "Sec. 1305. Loans and loan guarantees for initial operation costs. "Sec. 1306. Application requirements. "Sec. 1307. Administration of assistance programs. "Sec. 1308. General provisions relating to loan guarantees and loans. "Sec. 1309. Authorizations of appropriations. "Sec. 1310. Employees' health benefits plans. "Sec. 1311. Restrictive State laws and practices. "Sec. 1312. Continued regulation of health maintenance organizations. "Sec. 1313. Limitation on source of funding for health maintenance organizations. "Sec. 1314. Program evaluation. "Sec. 1315. Annual report.". Sec. 3. Quality assurance. Sec. 4. Health care quality assurance programs study. Sec. 5. Reports respecting medically underserved areas and population groups and non-metropolitan areas. Sec. 6. Health services for Indians and domestic agricultural migratory and seasonal workers. Sec. 7. Conforming amendments. HEALTH MAINTENANCE ORGANIZATIONS 87 STAT. 914 Health Maintenance Organiza➡ tion Act of 1973. SEC. 2. The Public Health Service Act is amended by adding after Ante, p. 594. title XII the following new title: "TITLE XIII-HEALTH MAINTENANCE ORGANIZATIONS "REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS "SEC. 1301. (a) For purposes of this title, the term 'health mainte- Definition. nance organization' means a legal entity which (1) provides basic and supplemental health services to its members in the manner prescribed by subsection (b), and (2) is organized and operated in the manner prescribed by subsection (c). 87 STAT. 915 Basic health services. "Health professionals." "(b) A health maintenance organization shall provide, without limitations as to time or cost other than those prescribed by or under this title, basic and supplemental health services to its members in the following manner: a "(1) Each member is to be provided basic health services for basic health services payment which (A) is to be paid on a periodic basis without regard to the dates health services (within the basic health services) are provided; (B) is fixed without regard to the frequency, extent, or kind of health service (within the basic health services) actually furnished; (C) is fixed under a community rating system; and (D) may be supplemented by additional nominal payments which may be required for the provision of specific services (within the basic health services), except that such payments may not be required where or in such a manner that they serve (as determined under regulations of the Secretary) as a barrier to the delivery of health services. Such additional nominal payments shall be fixed in accordance with the regulations of the Secretary. (2) For such payment or payments (hereinafter in this title referred to as 'supplemental health services payments') as the health maintenance organization may require in addition to the basic health services payment, the organization shall provide to each of its members each health service (A) which is included in supplemental health services (as defined in section 1302(2)), (B) for which the required health manpower are available in the area served by the organization, and (C) for the provision of which the member has contracted with the organization. Supplemental health services payments which are fixed on a prepayment basis shall be fixed under a community rating system. "(3) The services of health professionals which are provided as basic health services shall be provided through health profes sionals who are members of the staff of the health maintenance organization or through a medical group (or groups) or individual practice association (or associations), except that this paragraph shall not apply in the case of (A) health professionals services which the organization determines, in conformity with regulations of the Secretary, are unusual or infrequently used, or (B) any basic health service provided a member of the health maintenance organization other than by such a health professional because it was medically necessary that the service be provided to the member before he could have it provided by such a health professional. For purposes of this paragraph, the term 'health professionals' means physicians, dentists, nurses, podiatrists. optometrists, and such other individuals engaged in the delivery of health services as the Secretary may by regulation designate. "(4) Basic health services (and supplemental health services in the case of the members who have contracted there for) shall within the area served by the health maintenance organization be available and accessible to each of its members promptly as appropriate and in a manner which assures continuity, and when medically necessary be available and accessible twenty-four hours a day and seven days a week. A member of a health maintenance organization shall be reimbursed by the organization for his expenses in securing basic or supplemental health services other than through the organization if it was medically necessary that the services be provided before he could secure them through the organization. |