United States · United States Congress · 12 December 1974
Provides that in any action brought by the Administrator of the Environmental Protection Agency requesting equitable relief for the purpose of protecting public health, if a party shows that a defendant in such action is discharging or emitting any substance in violation of Federal law (or any State law which is enforceable under Federal law) and that such discharge or emission presents or contributes to a public health risk, the court shall grant such equitable relief as may be necessary promptly to assure that such discharge or emission does not present or contribute to such risks, unless the person who is discharging or emitting such substance demonstrates that: (1) the public health risk does not exist; or (2) it would be arbitrary or capricious to grant such relief (taking into account technological and economic considerations, and magnitude or risk).
United States · United States Congress · 1 October 1974
Authorizes the reprinting of 40,000 copies of House Document 93-339, entitled "Impeachment of Richard M. Nixon, President of the United States" for use of the Committee on the Judiciary.
United States · United States Congress · 19 September 1974
Extends the periods of service related to World War II and the Korean War required for membership in the American Legion. Extends the period for World War II to December 31, 1946 (presently September 2, 1945). Extends the period for the Korean War to January 31, 1955 (presently July 27, 1953). Sets the date of termination of the Vietnam hostilities for purposes of such membership at August 15, 1973. (Amends 36 U.S.C. 45)
United States · United States Congress · 6 June 1974
Repeals, under the Social Security Act, the provisions for the establishment of Professional Standards Review Organizations to review services covered under the medicare and medicaid programs.
United States · United States Congress · 4 April 1974
Defines, for purposes of the Antitrust Civil Process Act, the term "antitrust investigation." Expands the definition of "person" under such Act to include any natural person. States that whenever the Attorney General or Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has reason to believe that any person may be in possession, custody, or control of documentary material, or have knowledge of facts relevant to a civil antitrust investigation, he may, prior to institution of a criminal or civil proceeding, issue and serve a civil investigative demand requiring production of or answers on such materials. Specifies the form and content of such civil investigative demands and the procedures for production of such materials. Prescribes additional modifications to the procedures for discovery in civil antitrust investigations.
United States · United States Congress · 11 March 1974
Makes it the sense of the House that: (1) all agencies of the Federal Government, which have any responsibility for establishing priorities for the allocation of materials and facilities utilized in the production or distribution of fertilizer, give the highest priority to the fertilizer industry regarding the allocation of such materials and facilities; (2) the Federal Power Commission and appropriate State regulatory agencies do everything within their power, in the establishment of priorities for the allocation of natural gas (including gas sold under interruptible contracts), to insure producers of nitrogen with supplies of natural gas sufficient to maintain maximum production levels; (3) the Federal Energy Office include all of the energy and fuel requirements of the fertilizer industry, including local dealer requirements, in its highest priority category regarding allocation of gasoline, middle-distillates, and other liquid fuels utilized by this indsutry in the production, distribution, and application of fertilizer supplies; (4) the Cost of Living Council and the Departments of Agriculture and Commerce continue their monitoring and reporting of fertilizer supply availabilities, wholesale and retail prices, and export shipments; (5) the Cost of Living Council establish an investigatory program through the field offices of the Internal Revenue Service to monitor and analyze any reports of fertilizer price gouging at either wholesale or retail levels, and any changes in manufacturer marketing operations or relationships between manufacturers and local dealers and between local dealers and their customers which may affect continued availability or pricing of fertilizer supplies to farmers; and (6) the manufacturers of phosphate acid give the highest priority to supplying such material to producers and users of feed phosphate, which is essential to livestock and poultry.
United States · United States Congress · 27 February 1974
Prohibits the exportation of fertilizer from the United States until the Secretary of Agriculture determines that an adequate domestic supply of fertilizer exists.
United States · United States Congress · 7 February 1974
Authorizes the diversion and withdrawal of additional water from Lake Michigan into the Illinois Waterway. Requires the Chief of Enginers, Department of the Army, to at all times have direct control and supervision of the amounts of water directly diverted from Lake Michigan under this Act.
United States · United States Congress · 7 February 1974
Declares it to be the sense of the House of Representatives that: (1) the Government of the United States should maintain and protect its sovereign rights and jurisdiction over the canal and zone, and should in no way cede, dilute, forfeit, negotiate, or transfer any of these sovereign rights, power, authority, jurisdiction, territory, or property that are indispensably necessary for the protection and security of the United States and the entire Western Hemisphere; (2) that there be no relinquishment or surrender of any presently vested United States sovereign right, power, or authority or property, tangible or intangible, except by treaty authorized by the Congress and duly ratified by the United States; and (3) that there be no recession to Panama, or other divestiture of any United States-owned property, tangible or intangible, without prior authorization by the Congress (House and Senate), as provided in article IV, section 3, clause 2 of the United States Constitution.
United States · United States Congress · 28 January 1974
Sets forth the findings of Congress that the possession of a firearm by felons, fugitives from justice, veterans who are discharged under dishonorable conditions, mental defectives, persons who have been committed to a mental institution, unlawful users of or persons addicted to marihuana, depressant or stimulant substances, or narcotic drugs, and aliens who are illegally in the country, constitutes: (1) a burden on commerce and a threat affecting the free flow of commerce; and (2) a threat to the effective enforcement of the Federal criminal laws, including those laws designed to protect the safety of the President and Vice President of the United States. States what constitutes unlawful acts with regard to the possession of a firearm by the above-mentioned individuals and provides for a fine of not more than $10,000 or imprisonment not more than two years or both.
United States · United States Congress · 26 November 1973
States that the Special Prosecutor appointed by the Acting Attorney General as successor to the Prosecutor shall be and hereby is made subject to removal only by the Attorney General for gross impropriety, gross miscondut, gross dereliction of duty, or for physical inability to discharge the powers and duties of his office, but for no other cause. Provides that the Attorney General shall give 30 days notice in writing to the Congress of his intention to remove the Special Prosecutor, setting forth in detail the reasons for such removal. Provides that the Special Prosecutor shall be, and hereby is, charged with the duty and clothed with the full and complete authority to investigate, to prepare, to conduct, and to prosecute any criminal offense arising out of or connected with the unauthorized entry into Democratic National Committee headquarters at the Watergate in 1972, arising out of or connected with the Presidential election of 1972, allegations of offenses involving the President, members of the White House staff, or Presidential appointees, except allegations of offenses the Special Prosecutor waives to the jurisdiction of the Department of Justice by letter to the Attorney General setting forth his reasons for such waiver, any and all other matters heretofore referred-pursuant to regulations of the Attorney General-to the former Special Prosecutor, and such new matters which the Special Prosecutor consents to have assigned to him by the Attorney General. Requires that all materials, tapes, documents, files, work in process, information, and all other property of whatever kind and description relevant to his duties and possessed by the former Special Prosecutor or his Staff shall be delivered into the possession of the new Special Prosecutor. States that the Special Prosecutor shall have full authority to undertake any action he deems necessary and proper for the performance of his duties under this Act. Authorizes appropriations of such sums as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 14 November 1973
States that the Special Prosecutor appointed by the Acting Attorney General of the United States on the 5th day of November 1973 is hereby made subject to removal only by the Attorney General (or, if there be none, by the Acting Attorney General) for gross impropriety, gross misconduct, gross dereliction of duty, or for physical inability to discharge the powers and duties of his office, but for no other cause, or by the Congress pursuant to article II, section 4, of the Constitution. Requires the Attorney General to give thirty days notice in writing to the Congress of his intention to remove the Special Prosecutor, setting forth in detail the reasons for such removal. States that all materials, tapes, documents, files, work in process, information, and all other property of whatever kind and description relevant to the duties enumerated in this Act, tangible or intangible, collected by, developed by, or in the possession of the former Special Prosecutor or his staff established pursuant to regulation by the Attorney General (28 C.F.R. 0.37, rescinded October 24, 1973), shall be delivered into the possession of the Special Prosecutor appointed under this Act. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 6 November 1973
Provides that the Special Prosecutor shall be and is hereby made subject to removal only by: (1) the Attorney General for gross impropriety, gross misconduct, gross dereliction of duty, or for physical inability to discharge the powers and duties of his office, but for no other cause, or (2) the Congress pursuant to article II, section 4, of the Constitution. Requires the Attorney General to give thirty days' notice in writing to the Congress of his intention to remove the Special Prosecutor, setting forth in detail the reasons for such removal. Provides that upon the request of the Special Prosecutor the head of any Federal department or agency shall: (1) detail, on a reimbursable basis, any of the personnel of such agency; and (2) provide any relevant information or materials, to the Special Prosecutor to assist him in carrying out his duties under this Act.
United States · United States Congress · 2 October 1973
Provides for criminal penalties for anyone who receives, possesses, conceals, stores, barters, sells or disposes of any money or property which has been taken from a bank, credit union, or a savings and loan association, knowing that such property or money has been stolen. (Amends 18 U.S.C. 656, 657, and 2113)
United States · United States Congress · 2 October 1973
Allows a tax credit under the Internal Revenue Code for the taxable year of $10 for each ton of post-consumer waste paper processed in the United States by the taxpayer during the taxable year into new commercially marketable pulp, paper, paperboard or other similar products.
United States · United States Congress · 2 October 1973
Directs the Secretary of Transportation to prescribe regulations within sixty days of the date of enactment of this Act prohibiting any motor vehicle from being equipped with any starter interlock system associated with seatbelts or upper torso restraints.
United States · United States Congress · 27 September 1973
States that the export trade operations conducted by or through any association registered pursuant to this Act and the organization of such association (including without limitation, the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of the association) each substantially in conformance with an effective registration statement filed by the association with the Federal Trade Commission in accordance with this Act (subject to any terms and conditions imposed by the Commission) shall not be subject of the provisions of the antitrust laws. Describes information which must be given to the Commission in order to register under this Act.
United States · United States Congress · 27 September 1973
Directs the Committee on the Judiciary, acting through a select subcommittee of nine members appointed by the chairman of the Committee on the Judiciary, to conduct a full and complete investigation of charges of impeachable offenses alleged to have been committed by Spiro T. Agnew. Directs the Committee on the Judiciary to report to the House the results of the investigation required to be conducted under this resolution, together with any recommendation, no later than three months after the date of the adoption of this resolution.
United States · United States Congress · 20 September 1973
Provides for an exclusive remedy against the United States in suits based upon acts or omissions of United States employees. States that the United States shall not be liable for interest prior to judgment or for punative damages. Authorizes the Secretary of Health, Education and Welfare, and the Secretary of Defense, to provide liability insurance for assigned or detailed employees of their departments.
United States · United States Congress · 24 July 1973
Expresses the sense of the Congress that the United States Government, while engaged in a lessening of tensions with the People's Republic of China, do nothing to compromise the freedom of our friend and ally, the Republic of China and its people.
United States · United States Congress · 19 July 1973
Redefines special immigrant under the Immigration and Nationality Act as an immigrant who is the spouse or child of a citizen of the United States or is the parent of a citizen of the United States twenty-one years of age. Entitles the spouse and children of such an immigrant to special immigrant status derivatively if accompanying or following to join him. Provides that special immigrants shall be admitted without regard to the numerical limitations in the Act. Defines the term "refugee." Sets forth the number of immigrants from the Eastern Hemisphere allowed into the United States in any fiscal year at 42,000 in the first three quarters and 155,000 for the year; from the Western Hemisphere and Canal Zone at 19,000 in the first three quarters and 70,000 for the year; and from any single foreign state contiguous to the United States 9,500 for the first three quarters and 35,000 for the year. Provides that no person shall receive any perference in the issuance of an immigrant visa except as provided by statute. Specifies the number of visas to be granted in any fiscal year to various categories of immigrants and in what order. Provides that any citizen of the United States claiming that an alien is entitled to special immigrant status or to a preference status or any alien lawfully admitted for permanent residence claiming that an alien is entitled to a preference may file a petition with the Attorney General for such alien. Allocates 25,000 visa numbers to refugees. Provides that aliens seeking to enter the United States for the purpose of performing skilled or unskilled labor in occupations for which the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General that: (1) there is not a shortage of qualified workers in the United States at the time of application for a visa, or (2) the employment of such aliens would be inconsistent with United States manpower policies and programs, shall be excluded. Provides that if the Secretary finds that it is in the national interest that refugees, as defined, be paroled into the United States, he may recommend to the Attorney General that such aliens be so paroled, and provides for means by which such refugees may apply for admission.
United States · United States Congress · 14 June 1973
Repeals specified regulatory provisions of the Internal Revenue Code relating to filled cheese. Provides that the following property is subject to forfeiture and may be seized by the United States: (1) articles of adulterated butter knowingly purchased or received by any person from any manufacturer or importer who has not paid the special tax thereon; and (2) packages of oleomargarine subject to tax that are found without the required stamps or marks.
United States · United States Congress · 29 May 1973
Requires prior congressional approval of any action by the Commandant of the Coast Guard to change the location of, consolidate, or discontinue any Coast Guard shore establishment. (Adds 14 U.S.C. 93(a))
United States · United States Congress · 24 May 1973
Extends the programs of the Law Enforcement Assistance Administration through fiscal years 1974-75. Includes the improvement of criminal justice as one of the purposes of the Administration under the Omnibus Crime Control and Safe Streets Act of 1968. Replaces the two Associate Administrators of the Law Enforcement Assistance Administration with a Deputy Administrator who shall perform the functions of the Administrator in his absence. Requires State planning agencies seeking grants under the Law Enforcement Assistance title to include representatives of community organizations, and to hold each of its meetings open to the public. Directs the Administration to allocate a flat grant of $200,000 to each State annually for planning grants, and then allocate the remainder of its funds for this purpose by population. Increases to 90 percent (previously 75 percent) the Federal share of grants for law enforcement and criminal justice purposes. Requires State plans seeking such grants to: (1) provide for necessary fund accounting and evaluation procedures; (2) submit such reports as the National Institute for Law Enforcement and Criminal Justice may require; (3) offer funding incentives to units of local governments that coordinate law enforcement and criminal justice functions with other such units within the State; and (4) establish statewide priorities for the improvement and coordination of all aspects of law enforcement and criminal justice. States that each State plan submitted for approval under this section shall be either approved or disapproved within 90 days of submission, and if disapproved shall be accompanied by an explanation of the requirements it fails to comply with. Authorizes the National Institute of Law Enforcement and Criminal Justice to assist in conducting, upon request, programs for the training of State and local law enforcement and criminal justice personnel. States that the Institute shall serve as a national clearinghouse for law enforcement and criminal justice information, and shall report annually to the President, the Congress, and State and local governments on its research and development activities. Increases the amount on loans and grants by the Institute for educational programs on law enforcement and criminal justice. Stipulates that no person in any State shall on the ground of race national origin, or sex be excluded from participation in any program or activity funded under this Law Enforcement Assistance title. Authorizes the appropriation of such sums as necessary for this title, but states that such sums in the aggregate shall not exceed $1,000,000,000 annually for fiscal year 1974-75. Directs that any funds made available under this title prior to July 1, 1973, may be used to provide up to 90 percent of the cost of any program or project. (Amends 42 U.S.C. 3701-95)
United States · United States Congress · 14 May 1973
Establishes the National Commission on Individual Rights and Personal Security. Declares it to be the duty of the Commission to conduct a comprehensive study and review of Federal court decisions, laws, and practices relating (1) to special grand juries, dangerous special offender sentencing, bail reform and preventive dention, no-knock search warrants, the accumulation of data on individuals by Federal agencies as authorized by law or acquired by executive action, and (2) the conduct of stop and frisk arrests, searches and seizures, interrogations, appellate review by the prosecution, lack of mutual pretrial criminal discovery, self-incrimination and prosecutor comment on failure to testify, the conduct of lineups, disclosure of informants' indentities, fingerprinting and photography, and trial delay, finality and collateral review of Federal and State criminal proceedings. Requires a final report from the Commission three years after the date of enactment of this Act.
United States · United States Congress · 30 April 1973
Provides that the Attorney General may extend the limits of the place of confinement of a prisoner by authorizing him to visit a specifically designated place for a period not to exceed thirty days. Grants an extension of this limit to allow (1) a visit to a dying relative, (2) attendance at the funeral of a relative, (3) the obtaining of medical services not otherwise available, (4) the contacting of prospective employers, (5) the reestablishment of family and community ties, or (6) for any other significant correctional reason consistent with the public interest. (Amends 18 U.S.C. 4982(c))
United States · United States Congress · 16 April 1973
Authorizes the Secretary of State, subject to such policy as the President may prescribe, to restrict travel for a period of one year into or through a foreign area by citizens and nationals of the United States if he determines that it is an area: (1) which is at war, (2) where insurrection or armed hostilities are in progress, (3) whose military forces are engaged in armed conflict with forces of the United States, or (4) to which travel would seriously impair the conduct of U.S. foreign policy. Prescribes criminal penalties for violation of this Act of not more than a $1,000 fine, nor more than one year imprisonment, or both. (Adds 18 U.S.C. 970)
United States · United States Congress · 4 April 1973
Sets forth actions with respect to the destruction of aircraft or aircraft facilities which shall be punishable by a fine of not more than $10,000, or imprisonment for not more than twenty years or both. Provides that whoever commits specified offenses against or on board an aircraft registered in a state other than the United States in violation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation and is afterward found in this country shall be fined not more than $10,000 or imprisoned not more than twenty years or both. Sets forth definitions to be used in this Act.
United States · United States Congress · 3 April 1973
Provides that whoever, being an officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, except as provided by law, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value, for himself or for any other person or entity, other than such financial institution, from any person or entity for or in connection with any transaction or business of such financial institution, shall be fined not more than $5,000 or three times the value of anything offered, asked, given, received, or agreed to be given or received, whichever is greater, or imprisoned not more than five years, or both; but if the value of anything offered, asked, given, received, or agreed to be given or received does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Provides that whoever except as provided by law, directly or indirectly, gives, offers, or promises anything of value to any officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, or offers or promises any such officer, director, employee, agent, or attorney to give anything of value to any person or entity, other than such financial institution, for or in connection with any transaction or business of such financial institution, shall be fined or imprisoned, or both, in the same manner. Defines the term 'bank holding company or savings and loan holding company' to mean any person, corporation, partnership, business trust, association, or similar organization which controls a financial institution in such a manner as to be a bank holding company or a savings and loan holding company under the Bank Holding Company Act of 1956 or the National Housing Act.
United States · United States Congress · 22 March 1973
Criminal Code Reform Act - Title I: Federal Criminal Code - Part I: General Provisions and Principles Chapter I: General Provisions - Sets forth the general purposes of this Act. Classifies felonies into five categories, A through E. Defines the various terms used in this Act. Chapter 2: Federal Criminal Jurisdiction Describes the general, special (territorial, maritime, aircraft) and extraterritorial jurisdictions of the United States. Chapter 3: Culpability Provides that a person commits an offense under this Act only if: (1) he engages in conduct which is declared to be an offense and (2) he engages in such conduct intentionally, knowingly, recklessly, or negligently. Chapter 4: Complicity Declares that a person is guilty of an offense based upon the conduct of another and may be charged and punished as a principal if: (1) he knowingly aids, abets, counsels, commands, induces, procures, or facilitates its commission or attempted commission; (2) acting with the kind of culpability required for the offense charged, he causes an innocent, incompetent, or irresponsible person to engage in conduct which if performed by the defendant or another would be an offense; or (3) he is co-conspirator and the offense charged was committed in furtherance of the conspiracy and was a necessary or reasonably foreseeable consequence of it. Establishes standards for the criminal liability of organizations. Stipulates that a person is criminally liable for any conduct which he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct was performed or caused to be performed in his own name or behalf. Chapter 5: Defenses Lists and describes the following defenses to prosecution: mistake of fact or law, insanity, intoxication, duress, public duty, protection of persons, protection of property, unlawful entrapment, and official misstatement of law, Part II: Offenses - Chapter 10: Offenses of General Applicability Defines the offense of criminal solicitation and provides that criminal solicitation is an offense of the class next below that of the crime solicited. States that it is an affirmative defense that, under the circumstances manifesting a voluntary and complete renunciation of his criminal conduct and intent, the defendant prevented the commission of the crime which he solicited. Defines the crime of criminal attempt. Establishes the requirements of a proper affirmative defense to such crime. States that criminal attempt is an offense of the same class of the crime attempted, except that to commit a class A felony is a class B felony. Defines the offense of criminal conspiracy and establishes the requirements of an affirmative defense to such crime. States that criminal conspiracy is an offense of the same class as the highest offense which was an objective of the relationship, except that an attempt to commit a class A felony is a class B felony. Chapter 11: Offenses Involving National Security Defines the following crimes: (1) treason; (2) armed rebellion or insurrection; (3) inciting overthrow or destruction of the government; (4) para-military political activities; (5) sabotage; (6) impairing military effectiveness; (7) violating emergency regulations concerning vessels; (8) impairing military effectiveness by false statement; (9) evading military or substitute service; (10) obstructing military recruitment or induction; (11) inciting or aiding mutiny, insubordination, or desertion; (12) aiding escape of a prisoner of war or an enemy alien; (13) espionage; (14) disclosing national defense information; (15) mishandling national defense information; (16) disclosing classified information; (17) unlawfully obtaining classified information; (18) failing to register as a person trained in a foreign espionage system; (19) failing to register as, or acting as, a foreign agent; (20) offenses relating to atomic energy. Chapter 12: Offenses Involving Foreign Relations and Immigration States that a person is guilty of an offense if he knowingly: (1) launches a land, air or sea attack from the United States against a nation with which the United States is not at war; (2) organizes or participates in a military expedition assembled in the United States to engage in armed hostilities against a nation with which the United States is not at war; or (3) engages in conduct hostile to a nation with which the United States is not at war within the territory of any foreign nation. Defines the offenses of unlawful entry into the United States, hindering discovery of an illegal entrant and fraudulent acquisition or improper use of naturalization, evidence of citizenship, or United States passport. Chapter 13: Offenses Involving Government Operations Defines the offenses of: (1) obstructing a government function by fraud; (2) obstructing a government function by physical interference; (3) hindering law enforcement; (4) aiding consummation of a crime; (5) bail jumping; (6) escape; (7) providing or possessing contraband in an official detention facility; (8) flight to avoid prosecution or giving testimony; (9) witness bribery; (10) corrupting a witness or an informant; (11) tampering with a witness or an informant; (12) retaliating against a witness or an informant; (13) tampering with physical evidence; (14) communicating with a juror; (15) monitoring jury deliberations; (16) demonstrating to influence a judicial proceeding; (17) criminal contempt; (18) failing to appear, produce information, or to be sworn; (19) refusing to testify; (20) certification for prosecution in which a congressional proceeding is involved; (21) obstructing a proceeding by disorderly conduct; (22) disobeying a judicial order; (23) perjury; (24) false swearing; (25) making a false statement; (26) making a false report; (27) tampering with a government record; (28) bribery; (29) graft; (30) trading in government assistance; (31) trading in special influence; (32) trading in public office; (33) speculating on official action or information; (34) tampering with a public servant; (35) retaliating against a public servant (36) impersonating an official. Chapter 14: Offenses involving Internal Revenue and Customs Defines the crimes of tax evasion, smuggling, and other related crimes. Chapter 15: Offenses Involving Civil Rights, Elections, and Private Communications Enumerates various civil rights offenses. Makes it a crime to obstruct, impair, or prevent the lawful conduct of an election or to obstruct voter registration for such election. Declares it to be a crime to intercept mail, or wire or an oral communication. Chapter 16: Offenses Against the Person Lists specified crimes against the person for the purposes of title 18 of the United States Code including murder, manslaughter, maiming, battery, criminal harassment, kidnapping, rape, aircraft hijacking, and various sexual offenses. Chapter 17: Offenses Against Property Establishes crimes relating to the conduct of such activities as arson, burglary, robbery, forgery, and economic offenses. Sets forth rules for determining the value of property or services when such a factor is determinative of the grading of an offense. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare Prescribes crimes against the public order in the areas of riots, firearms, drugs, obscenity, and disorderly conduct. Part III: Sentencing - Chapter 20: General Sentencing Provisions Provides that the probation service of the court shall make a presentence investigation and shall report the results of the investigation to the court before the imposition of sentence: (1) unless the court otherwise directs for reasons stated in the record; or (2) unless the offense is committed under circumstances requiring imposition of a particular sentence and permitting the court no discretion in the imposition of sentence. Chapter 21: Probation Sets forth the authorized terms of probation and conditional discharge for an offender. Enumerates various factors to be considered by the court in determining whether to grant a probation or conditional discharge. States that the conditions of release on probation or conditional discharge shall be such as the court in its discretion deems reasonable and appropriate to assist the offender to lead a law-abiding life. Chapter 22: Fines Establishes maximum limits on fines for specified classes of offenses. Provides that in addition to considering the nature and circumstances of the offense and the history and characteristics of the defendant, the court, in determining the amount and method of payment of a fine, shall take into account the financial resources of the defendant, the nature of the burden that payment of the fine will impose, and whether imposition of the fine will prevent the defendant from making restitution or reparation to the victim. Chapter 23: Imprisonment Authorizes specified maximum terms of imprisonment for the various classes of offenses in additon to any automatic contingent terms. Chapter 24: Death Sentence Enumerates conditions and crimes which permit the imposition of the sentence of death. Requires a separate sentencing hearing for this purpose. Title II: Conforming Amendments Revises appropriate sections of the United States Code for the purpose of providing conformity with the provisions of this Act. Makes it a Federal crime to misuse emblems, insignias, and names of U.S. departments and agencies. Establishes offenses with respect to the compensation of Members of Congress and officers of the government in matters affecting the government. Provides that whoever being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties: (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceedings, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest; shall be guilty of a Class A misdemeanor. Establishes other specified offenses in the area of conflicts of interests of employees of the United States government. States that whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be guilty of a violation. Limits the maximum fine for such violation to $500. Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Bankruptcy - title 11; Banks and Banking - title 12; Commerce and Trade - title 15, (including firearms); Conservation - title 16; Crimes and Criminal Procedure - title 18; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patriotic Societies and Observances - title 36; Veterans' Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Transportation - title 49; War and National Defense - title 50. Adds new rules to the Federal Rules of Criminal Procedure. Sets forth requirements and procedures for the interception of wire and oral communications. Provides for civil damages to any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Act. Allows for the granting of an injunction against the executing of a scheme to defraud. Provides civil remedies against racketeering activities. Changes the name of the Bureau of Prisons to the Bureau of Corrections. Establishes a Parole Commission within the Department of Justice which shall be an independent agency having final authority in construing and administering all Federal parole statutes. States that each offender sentenced to a term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum term, at any time, subject to the eligibility regulations of the Commission. Sets forth the criteria for release on parole and the conditions of parole. Establishes procedures to determine the existence of sanity at the time of the offense, as well as procedures to determine whether or not a person acquitted for reason of insanity ought to be hospitalized. Sets forth conditions of release from a mental institution. Creates special procedures for initial possession of drugs, allowing a court in its discretion to place such an offender on probation for a period not to exceed one year. Provides that if the person was not more than twenty-one years old at the time of the offense, he may apply to the court for an order to expunge from all official records, except the non-public records, all recordation relating to his arrest, the institution of criminal proceedings against him, and the results thereof. Title III: General Provisions States that if the provisions of any part of this Act or the application of any part of this Act to any person or circumstance are held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected. States that this Act shall take effect on the first day of the first calendar month beginning two years after the date of approval of the Act.
United States · United States Congress · 22 March 1973
Provides that a person shall be subjected to the penalty of death for any offense prohibited by the laws of the United States only if a hearing is held in accordance with this Act. States that when a defendant is found guilty of or pleads guilty to an offense for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in this Act, for the purpose of determining the sentence to be imposed. Provided that the hearing shall not be held if the government stipulates that none of the aggravating factors set forth in the Act exists or that one or more of the mitigating factors set forth in the Act. Provides that in the sentencing hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Sets forth rules of evidence to be used in such hearing. States that the jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in this Act. Provides that if the jury or, if there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors set forth in the Act exists and that none of the mitigating factors set forth in this Act exists, the court shall sentence the defendant to death. States that if the jury or , if there is no jury, the court finds that none of the aggravating factors exists, or finds that one or more of the mitigating factors exists the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted. States that the court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by special verdict as provided in the Act that at the time of the offense there existed one of the specified mitigating factors. Lists the mitigating factors which the courts are to recognize. Sets forth specified crimes and circumstances which shall be considered aggravating factors for the purposes of this Act. Makes conforming technical amendments.
United States · United States Congress · 21 March 1973
Provides for the observance of Memorial Day on May 30 and for the observance of Veterans' Day on November 11 of each year and makes such days legal holidays. (Amends 5 U.S.C. 6103(a))
United States · United States Congress · 21 March 1973
Provides for the inclusion of .22 caliber rimfire ammunition in the catagories of ammunition for which persons holding a Federal license to do business as a firearms or ammunition importer, manufacturer, or dealer need not keep records on purchasers. (Amends 26 U.S.C. 4182(c))
United States · United States Congress · 19 March 1973
Food Supplement Amendment - Defines the term "food supplement" for purposes of the Federal Food, Drug, and Cosmetics Act to mean food for special dietary uses, and defines the meaning of "special dietary uses" as particular uses of food for man which meets specified requirements. Provides that in administering such Act the Secretary of Health, Education, and Welfare: (1) shall not limit the potency, number, combination, amount, or variety of any synthetic or natural vitamin, mineral, substance, or ingredient of any food supplement unless such article is intrinsically injurious to health in the recommended dosage; and (2) shall not require a warning label on any food supplement unless such article is intrinsically injurious to health in the recommended dosage.
United States · United States Congress · 19 March 1973
Extends coverage under the flood insurance program of the National Flood Insurance Act of 1968 to include losses from the erosion and undermining of shorelines by waves or currents of water which are related in cause and similar in effect to that which results directly from storms, deluges, and other forms of floodings. (Amends 42 U.S.C. 4001, 4121)
United States · United States Congress · 14 March 1973
Law Enforcement Revenue Sharing Act - Provides that all authority of Title I, of the Omnibus Crime Control and Safe Streets Act as amended, is placed in the Attorney General. Establishes a Law Enforcement Assistance Administration with an Administrator appointed with the advice and consent of the Senate and a Deputy Administrator. Authorizes delegation of all functions, powers and duties created by the Act. Sets forth the requirements necessary for a planning process to properly develop a comprehensive State plan and administer such plan. Requires that a State beginning on or after July 1, 1973, submit a comprehensive State plan. Authorizes the Attorney General to review such plan and provide comments to the State and Congress and to publish such comments in the Federal Register. States that the purpose of revenue sharing for law enforcement is to encourage States and units of general local government to carry out programs and projects to reduce crime and delinquency. Sets forth the types of law enforcement activities which can be funded. Provides eligibility to diagnostic services within the community-based delinquency prevention and correctional programs. Gives express funding authority for improved court administration and law reform programs. Provides technical assistance. Provides funding authority for law enforcement education authority for maintenance and operation of State, regional and local planning processes and improved management of law enforcement activities. Removes the matching requirements and permits 100 percent of program costs to be paid from special revenue sharing funds. Authorizes the Attorney General to make special revenue sharing payments when a State has on file a comprehensive State plan. Sets forth the considerations which must be included for a plan to be comprehensive. Provides for the State government to receive applications for financial assistance from units of local government and other applicants and authorizes the State government to disburse funds when the application is in accordance with this Act. Allows the Attorney General to reallocate funds if a State fails to file a comprehensive plan. Sets forth how special revenue sharing funds shall be allocated. Provides that no person shall be excluded from participation in the program or projects funded under this Act due to discrimination. Provides for the method of payment of special revenue sharing funds. Provides for developing new methods for the prevention and reduction of crime and the detection and apprehension of criminals. Continues the operation of the National Institute of Law Enforcement and Criminal Justice within the Law Enforcement Assistance Administration. Provides that grants for this part may be up to 100 percent of the total cost of each project for which a grant is made. Authorizes the Attorney General, after consultation with representatives of States and units of general local government, to establish rules and regulations necessary to the exercise of his functions under, and are consistent with the stated purpose of, this title. Provides that the Attorney General may establish or discontinue such organizational units of the Administration as he deems necessary. Gives a hearing examiner, upon authorization of the Attorney General, the power to hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in the United States he may designate. Requires accounting and auditing evaluations and reviews as the Attorney General may consider necessary to insure full compliance with the requirements of this title. Authorizes the Attorney General to request from other Federal agencies statistics, data, program reports, and other material in order that the programs under this title can be carried out in a coordinated manner. Provides for the reimbursement of the heads of other Federal departments for the performance of any functions under this title. Provides that the Attorney General shall collect and disseminate information on the condition and progress of law enforcement in the United States. Permits the Attorney General to determine the method of payments under this title. Provides that not more than 12 percent of the funds appropriated for any one fiscal year shall be used in any one State. Provides that nothing contained in this title or any other act shall be construed to authorize any Federal control over any law enforcement agency of any State or political subdivision thereof. Directs the Attorney General to report to the President and to the Congress by March of each year on the activities under this title. Provides for funding authority to carry out the provisions of this title. Provides for the confidentiality of statistical and research information collected under the Administration programs and for a civil sanction of up to $10,000 to enforce such confidentiality. Sets forth criminial penalties for whoever embezzles, willfully misapplies, steals, or obtains by grant any funds, assets or property which are the subject of a grant or contract or other form of assistance.
United States · United States Congress · 1 March 1973
Provides that no license granted for the operation of a broadcasting station under the Communications Act of 1934 shall be for a longer term than five years. Provides for renewal of such license where the Federal Communications Commission finds that the public interest, convenience, and necessity would be served. Provides that an applicant for renewal who is legally, financially and technically qualified shall be awarded the license if such applicant shows that its broadcast service during the preceding license period has reflected a good-faith effort to serve the needs and interests of its area as represented in its immediately preceding and pending license renewal application and if it has not demonstrated a callous disregard for law or the Commission's regulations.
United States · United States Congress · 28 February 1973
Motor Vehicle Air Pollution Control Acceleration Act - Permits a limited exemption to the antitrust laws which would allow motor vehicle manufacturers to enter into any contract, combination or other arrangement for the purpose of developing motor vehicle engines and devices which will meet or exceed standards promulgated under Federal or State law which relate to the control of motor vehicle emissions if such contract, combination or other arrangement is approved by the Attorney General. Authorizes the Attorney General to promulgate regulations establishing procedures to be followed by manufacturers in entering into such contracts, combinations or arrangements. Declares that the Attorney General shall not approve any such contract, combination or arrangement if the terms extend beyond December 31, 1975. Provides that information developed under such arrangements shall be made available upon request to any motor vehicle manufacturer not a party to such contract, combination or arrangement. States that this exemption shall not apply after December 31, 1975.
United States · United States Congress · 8 February 1973
Makes it the sense of the House of Representatives that the Government of the United States should maintain and protect its sovereign rights and jurisdiction over said Canal Zone and Panama Canal and that the United States Government should in no way cede, dilute, forfeit, negotiate, or transfer any of these sovereign rights, power, authority, jurisdiction, territory, or property to any other sovereign nation or to any international organization which sovereign rights, power, authority, jurisdiction, territory, and other property are indispensably necessary for the protection and security of the United States and the entire Western Hemisphere, including the Canal and Panama.
United States · United States Congress · 7 February 1973
Establishes an independent American Revolution Bicentennial Administration to coordinate, facilitate, and aid in the scheduling of events and projects of local, State, national, and international significance in commemoration of the American Revolution Bicentennial. Specifies the duties of the Administrator of such Administration. Establishes an American Revolution Bicentennial Advisory Board to assist the Administration in its duties under this Act. Provides that in order to assure a balanced program for the bicentennial commemoration, encompassing the themes of Heritage '76, Festival USA, and Horizons '76, the Administration shall prepare the master calender of events which will take place between July 1975 and September 1976. Directs the following persons to cooperate with the Administrator in specified aspects of his responsibilities: the Chairmen of the Federal Council of the Arts and Humanities, of the National Endowment for the Arts, and of the National Endowment for the Humanities, the Librarian of Congress, the Secretary of the Smithsonian Institution, and the Archivist of the United States. Authorizes to be appropriated such sums as may be necessary to carry out this Act. Creates a Joint Committee on the American Revolution Bicentennial to make a continuing study of the Administration, and to make periodic reports to the House and Senate. Abolishes the American Revolution Bicentennial Commission.
United States · United States Congress · 6 February 1973
Provides, under the Federal Trade Commission Act, that exclusive territorial arrangements in any trademark licensing contract or agreement for the manufacture, distribution and sale of a trademarked food product shall not be deemed unlawful, provided: (1) that such product is in free and open competition with products of the same general class manufactured, distributed, and sold by others; (2) the licensee is in free and open competition with vendors of other products of the same general class; and (3) the licensor retains control over the nature and quality of such product in accordance with the provisions of the Trademark Act. (Amends 15 U.S.C. 41)
United States · United States Congress · 31 January 1973
Provides that a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except in any case: (1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect after the claim arose; (2) in which the action is based upon a commercial activity carried on in the United States by the foreign state, or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere, or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act has a direct effect within the territory of the United States; (3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state or of a political subdivision of the foreign state and such agency or instrumentality is engaged in a commercial activity in the United States; (4) in which rights in property in the United States, acquired by succession or gift, or rights in immovable property situated in the United States, are in issue; or (5) in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, caused by the negligent or wrongful act or omission in the United States of that foreign state or of any official or employee thereof except that a foreign state shall be immune in any case under this paragraph in which a remedy is available under article VIII of the Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces. Provides that a foreign state shall be immune from the jurisdiction of the courts of the United States and the States in any case relating to its public debt unless the foreign state has explicitly waived its immunity. Declares that, in any action brought by a foreign state in a court of the United States or of any State, the foreign state shall not be accorded immunity with respect to: (1) any counterclaim arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or (2) any other counterclaim that does not claim relief exceeding in amount or differing in kind from that sought by the foreign state. Establishes procedures for service of process upon a foreign state, or agency or instrumentality thereof, in the United States district courts. Provides that the assets in the United States of a foreign state shall be immune from attachment and from execution unless: (1) such attachment or execution relates to a claim which is based on commercial activity or on rights in property taken in violation of international law and present in the United States in connection with that activity, or (2) the foreign state or political subdivision has waived its immunity from attachment for purposes of execution or from execution of a judgment either explicitly or by implication, notwithstanding any purported withdrawal of the waiver after the claim arose. Gives the district courts original jurisdiction of all civil actions, regardless of the amount in controversy, against foreign states or political subdivisions of foreign states, or agencies or instrumentalities of such a state or subdivision, other than agencies or instrumentalities which are citizens of a State of the United States. (Adds 28 U.S.C. 1602-1611, 1330)
United States · United States Congress · 31 January 1973
Provides that the fiscal year of the United States shall coincide with the calendar year, and makes provisions for the orderly transition by all Federal Government and District of Columbia agencies to the use of the new fiscal year.
![Official portrait of Rep. Hutchinson, Edward [R-MI-4]](https://www.congress.gov/img/member/h001011_200.jpg)