United States · United States Congress · 10 July 1973
Establishes an arbitration board to settle disputes between supervisory organizations and the United States Postal Service, provided that only those disputes concerning policies that affect all or a substantial portion of supervisory personnel on a long-term or permanent basis can be referred to arbitration. Provides that the arbitration board shall consist of three members, one of whom shall be selected by the Postal Service, one by the recognized organization of supervisory personnel, and the third by the two thus selected. States that the costs of the arbitration board shall be shared equally by the Postal Service and the organization of supervisory personnel.
United States · United States Congress · 27 June 1973
Authorizes the Secretary of the Army to commence work on the beach erosion control aspect of the project for hurrican-flood protection and beach erosion control at East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, New York. States that such work shall be independent of the hurricane-flood protection aspect of the project.
United States · United States Congress · 25 June 1973
Confers United States citizenship on each child who, to the satisfaction of the State Department under such rules and regulations as the Secretary of State shall prescribe : (1) was born in the Republic of Vietnam prior to January 1, 1974, and orphaned or abandoned; (2) is of an age such that not more than twelve years have passed from the date of such child's birth to the date of the enactment of this Act; (3) in all probability has or had one parent who was at the time of such child's birth a citizen of the United States; and (4) is placed through an adoption agency in the United States licensed or properly accredited according to pertinent local, State, and Federal law with suitable parent or parents in the United States, with a preference for any natural parent of such child, who is or are willing to adopt the child upon its arrival in the United States. Provides that the Department of State shall make the arrangements necessary to inform properly accredited adoption agencies in the United States of children potentially eligible for the benefits of this Act; and cooperate in the placement of such children and shall make the arrangements necessary to transport children who are qualified under this Act to their adoptive parents in the United States at the expense of the United States. Authorizes the President and the Secretary of State to negotiate and to make such arrangements with the Republic of Vietnam as are necessary to effectuate the purposes of this Act while assuring that citizenship conferred under this Act is in accordance with the norms of international law and the treaty obligations of the United States.
United States · United States Congress · 25 June 1973
Declares that the United States has a moral responsibility to share in the rebuilding of war-torn Indochina, and to attend to the needs of millions of innocent victim of the conflict which has left children and refugees badly in need of assistance during the postwar period. Establishes in the Peace Corps the Vietnam Assistance Volunteers Program. Authorizes the Director of the Peace Corps to enroll qualified citizens of the United States for voluntary civilian assistance in the Republic of Vietnam. Establishes the terms and conditions of employment, training, compensation, hours of work, benefits, leave, and termination of such volunteers. Provides that civilian assistance under the Act shall be: (1) refugee relocation assistance; (2) medical assistance to war victims; and (3) medical, educational, and material assistance to orphans. Authorizes the use of United States foreign aid materials for purposes of assistance under the Act. Authorizes the President, upon agreement with the potential host nation, to extend the Vietnam assistance volunteers program to any of the following: Laos, Cambodia, and the Democratic Republic of Vietnam.
United States · United States Congress · 6 June 1973
Expresses the sense of Congress that until such time as the Congress has acted to dispose of pending legislation dealing with the current railroad crisis in the Northeastern United States, no court of the United States shall authorize any sale or abandonment of any railroad nor should the Interstate Commerce Commission approve or authorize any sale or abandonment.
United States · United States Congress · 17 May 1973
Clean Elections Act - Title I: Federal Elections Commission - Creates a six-member independent Federal Elections Commission: 2 members appointed by the Speaker of the House of Representatives, 2 members appointed by the President pro tempore of the Senate, and 2 members appointed by the President. Specifies that the Commission shall have full legal powers. Authorizes the Commission to use the personnel and facilities of the General Accounting Office. Requires the Commission to submit its budget directly to Congress along with any recommendations it may have for legislation. Transfers specified functions of the Secretary of the Senate, the GAO and the Clerk of the House to the Commission. Requires each candidate for Federal office to have a central campaign committee through which all reports must pass. Requires the central committee to file its report with the Commission. Specifies that reports contain all contributions in excess of $100 and that cash contributions of $2,500 or more be reported within 24 hours. Requires a financial report to be filed 10 days before an election. Title II: Federal Matching Payment Entitlement Fund - Establishes on the books of the Treasury of the United States the Federal Matching Payment Entitlement Fund to remain available for expenditure without fiscal year limitation. Entitles candidates for Federal office or an official national party committee or an official congressional campaign committee to payments from the fund, during any calendar year, in an amount equal to the cmount of each contribution received by such candidate or committee not in excess of $50. Requires that the candidate or committee submit matching payment entitlement vouchers including the full name of the contributor together with the date, the exact amount of the contribution, and the complete address of the contributor. States that the Secretary of the Treasury shall make a payment from the fund to the candidate or the treasurer of the committee in the amount certified by the Commission. Sets forth the limitations on certification by the Commission. Title III: Limitations on Political Contributions - Declares a limitation on contributions, made by an individual and expenditures of not more than $2,500 in the case of a candidacy for President or Vice President or not more than $1,000 in a congressional campaign. Title IV: Tax Incentives for Contributions to Candidates for Public Office - Allows a maximum credit for a taxable year for contributions to candidates for public office of $50 ($100 for a joint return). Title V: Voter's Time - Provides for a schedule of televised political broadcasts by candidates for Federal office. Requires the television networks to make prime time available to the candidates at roles not exceeding the prevailing unit charge of the station for the same amount of program time in the same time period. Authorizes the Secretary of the Treasury to pay fully all certified bills for Voter's Time not more than 10 days following receipt from the Registry of Election Finance.
United States · United States Congress · 10 May 1973
District of Columbia Controlled Substances Act - Provides that the Commissioner of the District of Columbia shall administer the provisions of this Act. States that the Commissioner may - (1) promulgate rules relating to the registration and control of manufacturers, distributors, and dispensers of controlled substances within the District of Columbia, consistent with the rules and regulations of the Attorney General and the Secretary of Health, Education, and Welfare made under part C of the Controlled Substances Act; and (2) charge reasonable fees relating to the registration and control of manufacturers, distributors, and dispensers of controlled substances within the District of Columbia. Requires every person registered with the Commissioner to manufacture, distribute, or dispense a controlled substance in the District of Columbia to keep records, make inventories, and make reports to the Commissioner. Provides that penalties specified under the Controlled Substances Act shall apply in the District of Columbia with respect to any violations of this Act. Sets forth the powers and authority of the Commissioner in enforcing the provisions of this Act. States that the Commissoner shall cooperate with Federal and State agencies in discharging his responsibilities concerning traffic in controlled substances.
United States · United States Congress · 3 May 1973
Sentences a felon, who uses or carries a firearm to commit any felony for which he may be prosecuted, to a term of imprisonment for not less than 1 year nor more than 10 years, in addition to the punishment provided for the felony's commission. Provides additional sentences for subsequent convictions, and prohibits suspension or probation based upon the additional sentence. (Amends 18 U.S.C. 924(c))
United States · United States Congress · 1 May 1973
Expresses the sense of the House of Representatives that the Attorney General designate appoint a special prosecutor in any and all criminal actions arising from any illegal activities in the Presidential election of 1972.
United States · United States Congress · 30 April 1973
Allows a tax credit under the Internal Revenue Code to an individual for tuition paid by him to any private nonprofit elementary or secondary school during the taxable year for the elementary or secondary education of any dependent. Provides that the amount allowable for the taxable year with respect to any dependent shall not exceed the lesser of: (1) 50 percent of the tuition paid by the taxpayer during the taxable year for the elementary or secondary education of such dependent, or (2) $400. Reduces the aggregate amount which would be allowable by an amount equal to $1 for each full $20 contained in the amount by which the adjusted gross income of the taxpayer (or, if the taxpayer is married, the adjusted gross income of the taxpayer and his spouse) for the taxable year exceeds $25,000.
United States · United States Congress · 18 April 1973
Shoreline Erosion Control Demonstration Act - Requires the Secretary of the Army, in cooperation with the Secretary of Agriculture, to establish a five year national shoreline erosion control development and demonstration program consisting of operating control devices, both engineered and vegetative, including development of new dredging techniques for the artificial restoration of beaches. Provides that both vegetative and low-cost shorelines erosion control devices would be tested on sites along the Atlantic, Gulf and Pacific coasts and along the Great Lakes. Requires the Secretary of the Army to establish a fifteen member Shoreline Advisory Panel to advise him in carrying out the provisions of this Act. Requires the Secretary to submit annually a program progress report to the Congress. Provides that the Secretary shall submit a comprehensive evaluation at the conclusion of the five year program. Authorizes an appropriation of not more than $6,000,000 for fiscal year 1973 and the succeeding four fiscal years to carry out the provisions of this Act.
United States · United States Congress · 18 April 1973
Includes privately owned property within the provisions of the Act relating to Federal participation in the cost of protecting the shores of the United States, its territories and possessions. (Amends 33 U.S.C. 426e(b))
United States · United States Congress · 3 April 1973
Rehabilitation Act - Declares that it is the purpose of this Act to provide a statutory basis for the Rehabilitation Service Administration; to establish within the Department of Health, Education and Welfare an Office for the Handicapped, and to authorize specified programs. Establishes within the Department of Health, Education, and Welfare a Rehabilitation Services Administration which shall be administered by a Commissioner. Provides that the Commissioner shall carry out and administer all programs and direct the performance of all services for which authority is provided to the Secretary of H.E.W. under titles I through III of this Act. Creates within such administration a Division of Research, Training and Evaluation which shall be responsible for carrying out programs and projects under title III of this Act. Authorizes the inclusion of appropriations under this Act in appropriations for the fiscal year preceding the fiscal year for which they are available for obligation. Provides that where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering such funds. Sets forth definitions of terms used in this Act. Title I: Vocational Rehabilitation Services - States it to be the purpose of this title to authorize grants to assist States to meet the current and future needs of handicapped individuals, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities. Authorizes to be appropriated $660,000,000 for fiscal year 1974, $700,000,000 for fiscal year 1975, and $710,000,000 for fiscal year 1976 for the purpose of making grants to States to assist them in meeting the costs of vocational rehabilitation services. Authorizes to be appropriated $35,000,000 for fiscal year 1974, $40,000,000 for fiscal year 1975, and $45,000,000 for fiscal year 1976, for the purpose of making grants to States and public and nonprofit agencies to assist them in meeting the costs of projects to initiate or expand services to handicapped individuals. Sets forth the requirements of State plans to be submitted and approved for participation in programs under this title. Authorizes judicial review in United States district courts of decisions by the Commissioner of the Rehabilitation Services Administration affecting State plans. Provides that the Commissioner shall insure that the individualized written rehabilitation program required in a State plan in the case of each handicapped individual shall be developed jointly by the vocational rehabilitation counselor or coordinator and the handicapped individual. Defines vocational rehabilitation services provided under this Act as any goods or services necessary to render a handicapped individual employable, including, but not limited to, the following: (1) evaluation of rehabilitation potential; (2) counseling, guidance, referral, and placement services for handicapped invididuals; (3) vocational and other training services for handicapped individuals; (4) physical and mental restoration services; (5) maintenance, not exceeding the estimated cost of subsistence, during rehabilitation; (6) interpreter services for the deaf, and reader services for the blind; (7) recruitment and training services for handicapped individuals; (8) rehabilitation teaching services and orientation and mobility services for the blind; (9) occupational licenses, tools, equipment, and initial stocks and supplies; (10) transportation in connection with the rendering of any vocational rehabilitation services; and (11) telecommunications, sensory, and other technological aids and devices. Provides a formula for the allotment and payment of funds to States for providing rehabilitation services under this title. Directs the Commissioner to pay to a State or, at the option of the State, to a public or nonprofit organization or agency a portion of the cost of planning, preparing for, and initiating special programs under the State plan to expand vocational rehabilitation services. Title II: Special Federal Responsibilities - Authorizes the Commissioner to make grants and contracts for fiscal years 1974-76 to assist in meeting the costs of construction of public or nonprofit rehabilitation facilities, initial staffing, and planning assistance. Authorizes the Commissioner to make grants to States and public or nonprofit organizations and agencies to pay up to 90 percent of the cost of projects for providing vocational training services to handicapped individuals, especially those with the most severe handicaps, in public or nonprofit rehabilitation facilities. Authorizes to be appropriated for such grants and contracts $10,000,000 for fiscal year 1974, $12,000,000 for fiscal year 1975, and $15,000,000 for fiscal year 1976. Authorizes the Commissioner to make grants to States and public or non-profit agencies and organizations for paying part of the cost of special projects and demonstrations: (1) for establishing facilities and providing services which hold promise of expanding or otherwise improving rehabilitation services to handicapped individuals, especially those with the most severe handicaps; and (2) for applying new types or patterns of service or devices. Provides that the Commissioner may make contracts or jointly finance cooperative arrangements with employers and organizations for the establishment of projects designed to prepare handicapped individuals for gainful and suitable employment in the competitive labor market under which such handicapped individuals are provided training and employment in a realistic work setting and such other services as may be necessary for such individuals to continue to engage in such employment. Authorizes the Commissioner to provide technical assistance to rehabilitation facilities, and for the purpose of removal of architectural and transportation barriers, to any public or nonprofit agency, institution, organization or facility. Provides for a special study by the Secretary of the needs of severely handicapped persons who would otherwise be ineligible for services under this Act. Authorizes appropriations to establish national centers for spinal cord injuries. Establishes in the Department of Health, Education and Welfare a National Advisory Council on Rehabilitation of Handicapped Individuals consisting of twenty members appointed by the Commissioner. Provides that the council shall: (1) provide policy advice and consultation on the planning, conduct, and review of programs authorized under this Act; (2) review the administration and operation of vocational rehabilitation programs under this Act, make recommendations with respect thereto, and make annual reports to the Secretary and the Commissioner for transmittal to the Congress; (3) advise the Secretary and the Commissioner with respect to the conduct of independent evaluations of programs carried out under this Act; and (4) provide such other advisory services as the Secretary and Commissioner may request. Sets forth requirements for applications for assistance for construction projects under this title. Title III: Research and Training - Provides that the commissioner may make grants to, and contracts with, State public and nonprofit organizations to pay part of the cost of research projects which bear directly on the provision of services under this Act. Authorizes the Commissioner to make grants to pay all or part of the cost of specialized activities including the establishment and support of Rehabilitation Research and Training Centers and Rehabilitation Engineering Research Centers. Authorizes the Secretary to pay part of the cost of projects for training, traineeships, and related activities designed to assist in increasing the numbers of personnel trained in providing vocational and comprehensive rehabilitation services. Authorizes appropriations to carry out the purpose of this title. Title IV: Administration and Program and Project Evaluation - Sets forth the functions of the Commissioner in carrying out his duties under this Act. Authorizes the Secretary to conduct studies, investigations and evaluations of programs authorized by this Act. Provides that the Secretary shall measure and evaluate the impact of all programs authorized by this Act in order to determine their effectiveness in achieving stated goals. Requires the Secretary to submit an annual report on such determination and review to the appropriate committees of the Congress. Authorizes appropriations to conduct such program and project evaluations. Requires the Secretary to submit an annual report to the President and to the Congress on the activities carried out under this Act. Provides for a study of the role of sheltered workshops in the rehabilitation and employment of handicapped individuals. Title V: Office for the Handicapped - Establishes an Office for the Handicapped within the Office of the Secretary in the Department of Health, Education and Welfare. Provides that the Office shall be headed by a Director, who shall serve as a Special Assistant to the Secretary. Sets forth the functions of the Office. Authorizes to be appropriated for the purposes of this title such sums as necessary. Title VI: Miscellaneous - Provides for the repeal of the Vocational Rehabilitation Act 90 days after the date of enactment of this Act. Establishes an Architectural and Transportation Barriers Compliance Board to investigate problems of handicapped persons in the areas of architecture and transportation, and to make legislative recommendations to the President and the Congress. Requires any contract in excess of $2500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States to contain a provision requiring that, in employing persons to carry out such contract, the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals. States that no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
United States · United States Congress · 2 April 1973
Public Safety Officers' Benefits Act - Authorizes the payment of a death benefit of $50,000 under the Omnibus Crime Control and Safe Streets Act of 1968 for public safety officers or their survivors. Sets forth the order in which survivors shall be paid such benefit.
United States · United States Congress · 28 March 1973
Makes it unlawful for any person, after renting, leasing, or using, a motor vehicle under an agreement in writing which provides for the return of the motor vehicle, to fail to return the motor vehicle within five days after the time specified. States that it shall be a defense in any criminal proceeding brought under this Act that a person failed to return a motor vehicle for causes beyond his control. Provides that the burden of raising and going forward with the evidence with respect to such defense shall be on the person asserting it.
United States · United States Congress · 27 March 1973
District of Columbia Self-Government Act - Declares it to be the intention of Congress, subject to the retention by Congress of the ultimate legislative authority over the Nation's Capital which is granted by the Constitution, to grant to the government of the District of Columbia the powers of local self-government. Title I: Definitions - Sets forth definitions of terms used in this Act. Title II: Status of the District - Provides that no law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this Act. Title III: Delegation of Authority - Transfers to the District of Columbia all legislative power over the District of Columbia which before the adoption of this Act was vested in the Congress. Provides that the District of Columbia may not pass any Act contrary to the provisions of this Act, or: (1) impose any tax on the property of the United States; (2) authorize the issuance of bonds except in compliance with the provisions of title V of this Act; (3) enact any Act to amend or repeal any Act of Congress which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District; or (4) pass any Act inconsistent with or contrary to the Acts governing the National Capital Planning Commission and the parks and parkway systems for the National Capital. Provides that, in order to become law in the District, a measure must be passed by the District Council and be signed by the Commissioner. Grants the Commissioner the power to veto such measures. Grants the Council the power to override such vetoes by a vote of two-thirds of the members thereof. Provides that such Act after approval must be filed with the Clerk of the United States House of Representatives and the Secretary of the United States Senate. Provides that such Act shall take effect only if neither House of Congress adopts a resolution disapproving such Act within sixty legislative days after it has been so filed with the Clerk and the Secretary. Requires the Commissioner to file with the Clerk and the Secretary, along with the Act, a written report on the Act including an estimate of the costs which would be incurred in carrying out such Act in the fiscal year in which it is reported and in each of the five fiscal years following such fiscal year. Provides that the District Council may propose a new form of government for the District by approving a plan for such new government by majority vote of the District Council. Provides that such plan shall not take effect unless and until it shall have been approved by a majority of the registered qualified voters in the District voting in a referendum held for the purpose of approving such plan and conducted in accordance with this Act. Provides that no function of the District Council or of the Commissioner which the District Council or Commissioner has delegated to an officer, employee, or agency of the District shall be considered as a function transferred to the District Council pursuant to this Act. Provides that all zoning regulations or equivalent legislation must be deposited with the National Capital Planning Commission for comments before it is approved by any District instrumentality. Provides that the District Council, Zoning Commission, or other authority shall deposit with the Planning Commission each such regulation or item of legislation passed by it. Vests in the Commissioner the power to appoint members to the Armory Board and all authority and functions of the President relating to the National Capital Housing Authority. Title IV: The District Budget - Provides that the District Council shall establish that budgetary process which it determines will best meet the needs of the District of Columbia. Title V: Borrowing - Authorizes the District to provide for the payment of the cost of its various capital outlay programs by an issue or issues of negotiable obligations of the District, bearing interest, payable annually or semiannually, at such rate or rates as the Commissioner may from time to time determine is necessary to make marketable each such issue of obligations. Authorizes and directs the Secretary of the Treasury to purchase from the District all or part of any issue of its obligations whenever the Secretary determines such purchase is necessary in order to permit the District to make timely payment of the principal and interest on any of its outstanding obligations. Authorizes and directs the Secretary to make periodic payments to the District: (1) to equal one-fourth of the net effective interest expense incurred by the District on its obligations; or (2) the difference between such net effective interest expense and the net effective interest expense which the District would have incurred had the interest rate on its obligations been equal to the interest rate on purchases by the Secretary pursuant to the above, whichever is greater. Authorizes the Commissioner to accept loans for the District from the United States Treasury in such sums as the Commissioner may determine are required to complete payments on capital outlay contracts which have been awarded not later than ninety days after the effective date of this provision, and to provide for the continuation of work on any capital program project or projects, pending the sale of an issue of District obligations. Authorizes to be appropriated such sums as may be necessary to make loans under this section. Provides that any and all obligations issued by the District under the authority of this title shall be subject both as to principal and interest to Federal taxation to the same extent as the obligations of private corporations. Provides that such District obligations shall be lawful investments, and may be accepted as security for fiduciary, trust, and public funds. Provides that such District obligations shall be eligible for purchase by financial institutions. Makes a permanent appropriation for the Federal payment of net effective interest expenses. Provides that the District Council shall enter into agreements with the States and local jurisdictions concerned for annual payments to the District of rates and charges for waste treatment services in accordance with the use and benefits made and derived from the operation of the said waste treatment facilities. Provides that the District share of the cost of the Adopted Regional System described in the National Capital Transportation Act shall be payable from the proceeds of the sale of District obligations issued pursuant to this title. Terminates District authority to borrow from the United States Treasury for various projects, including the expansion of the District water system and sanitary and combined sewer systems for the District. Title VI: Financial Affairs of the District - Provides that the financial transactions of the District shall be audited annually by the General Accounting Office. Authorizes a regular annual payment by the Federal Government to the District. Provides that such payments shall be 32 percent for fiscal year 1974, 34 percent for fiscal year 1975, 36 percent for fiscal year 1976, 38 percent for fiscal year 1977, and 40 percent for fiscal year 1978 and for every fiscal year thereafter, of the amount of District revenues which the Commissioner estimates will be credited to the general fund of the District in the appropriate fiscal year. Title VII: Miscellaneous - Provides that no person shall be in eligible to serve or to receive compensation as a member of the District Council, or the Board of Elections because he occupies another office or because he receives compensation from another source.
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
Newmen's Privilege Act - Provides definitions of "agency of the United States," "confidential information," "confidential source," "court of the United States," "newsman," and "Federal grand jury," for purposes of this Act. Provides that no person called to testify whether by subpeona or otherwise, before any agency of the United States, or before either House of Congress, a joint committee of the two Houses, a committee or subcommittee of either House, or a Federal grand jury, shall be required to disclose any information or the source thereof which is received by him in his capacity as a newsman. Provides that no person called to testify (whether by subpeona or otherwise) in any civil or criminal action in any court of the United States shall be required to disclose any confidential information or the source if it was received by him in his capacity as a newsman, unless the court finds that the party seeking the information or identity has established by clear and convincing evidence that such information or identity is relevant to a significant issue in the action and cannot be obtained by alternative means. (Adds 28 U.S.C. 1841-43)
United States · United States Congress · 13 March 1973
Authorizes the President to issue a proclamation designating the week of April 23, 1973, as "Nicolaus Copernicus Week" marking the quinquecentennial of his birth.
United States · United States Congress · 12 March 1973
Federal Rules of Evidence - Establishes rules of evidence for United States courts. States theat such rules shall be construed to secure fairness in the administration, elimination of unjustifiable expense and delay, and promotion of growthe and development of thee law of evidence to thee end theat thee truthe may be ascertained and proceedings justly determined. Article I: General Provisions - Provides theat error on appeal may not be predicated on a ruling which admits or excludes evidence unless a substantial right of thee party is affected and timely objection or offer of proof has been made. States theat in jury cases proceedings shall be conducted in such a manner as to prevent inadmissible evidence from being suggested to thee jury by any means. Requires theat preliminary questions as to admissibility of evidence, qualification of a witness, or thee existence of a privilege shall be determined by thee judge. Autheorizes thee judge to fairly and impartially sum up thee evidence and comment to thee jury upon thee weight of thee evidence and credibility of thee witnesses, if he also instructs thee jury theat theey are not bound by his comments and theat theey are thee sole judges of thee weight to be given to thee evidence. Article II: Judicial Notice - Stipulates theat a judge or court is required to take judicial notice of a fact if requested by a party and supplied with the necessary information, but allows the court to take judicial notice of a fact, whetheer requested or not. Article III: Presumptions - States theat a presumption imposes on thee party against whom it is directed thee burden of proving theat thee nonexistence of thee presumed fact is more probable thean its existence. Specifies theat in civil actions, thee rule of decision is determined in accordance withe State law. Directs theat in criminal cases a judge may submit thee question of thee existence of a presumed fact to thee jury if and only if a reasonable juror, basing his opinion on thee evidence as a whole, could find thee presumed fact beyond a reasonable doubt. Article IV: Relevancy and its limits - States theat all relevant evidence is admissible, except as otheerwise provided by thee Constitution of thee United States, by Act of Congress, by theese rules, or otheer rules adopted by thee Supreme Court. Directs theat evidence which is not relevant is inadmissible. Provides theat relevant evidence may be excluded if its probative value is substantially outweighed by thee danger of unfair prejudice, confusion of issues, misleading thee jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. States theat character evidence is inadmissible except for evidence pertaining to character of the accused, the victim, or of a witness. Provides that admissible character evidence may be presented by reference to reputation or opinion testimony or specific instances of conduct. Stipulates that evidence of an offer or a plea of guilty or nolo contendere is not admissible in any civil or criminal proceeding against the person who made the offer. Article V: Privileges - States that no person has a privilege to (1) refuse to be a witness, (2) refuse to disclose any matter, (3) refuse to produce any object or writing, (4) prevent another from being a witness or disclosing any matter or producing any object or writing, except as otherwise provided by the Constitution of the United States, by Act of Congress, or by these rules. Recognizes the following confidential privileges: (1) Lawyer-Client, (2) Psychotherapist-Patient, (3) Husband-Wife, (4) Communications to Clergymen, (5) Political vote, (6) Trade Secrets, and (7) Identity of a Federal or State informer. Provides that such privileges are deemed waived by voluntary disclosure. Article VI: Witnesses - States that every person is competent to be a witness except as otherwise provided. Prohibits the presiding judge or member of the jury from testifying as a witness. Authorizes the impeachment of a witness by any party, including the party calling him, by (1) opinion and reputation evidence of character, (2) specific instances of conduct, and (3) evidence of a criminal conviction (excluding juvenile offenses). Allows the cross-examination of a witness on any relevant matter, including credibility, subject to the discretion of the judge. Permits an adverse party to have access to any writing used by a witness to refresh his memory, and to cross-examine the witness thereon. Provides that extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same, and the opposite party is afforded an opportunity to interrogate him thereon. Article VII: Opinions and Expert Testimony - Limits opinion or inference testimony by a nonexpert witness to opinions or inference which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. Allows opinion testimony by a qualified expert witness relating to scientific, technical, or other specialized knowledge. Permits the judge to appoint any expert witness agreed upon by the parties, or to appoint one of his own choosing. Article VIII: Hearsay - States that hearsay evidence is inadmissible except as provided by these rules or other rules adopted by the Supreme Court or by Act of Congress. Specifies matters not excluded by the hearsay rule, even though the declarant is available as a witness, including the following: (1) present sense impressions, (2) excited utterances, (3) then existing mental, emotional, or physical conditions, (4) statements for purposes of medical diagnosis or treatment, (5) recorded recollections, and (6) records of regularly conducted activity. Sets forth the following exceptions to the hearsay rule if the declarant is unavailable as a witness: (1) former testimony, (2) statements of recent perception, (3) statements under belief of impending death, (4) statements against interest and (5) statements of personal or family history. Provides that hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules. Article IX: Authentication and Identification - States that the requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. Sets forth various illustrations of authentication, including nonexpert opinion on handwriting and testimony of a witness with knowledge that a matter is what it claimed to be. Provides that extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to (1) domestic public documents under seal, (2) domestic public documents not under seal if an authorized official certifies under seal that the signer has the official capacity to sign and the signature is genuine (3) foreign public documents, (4) certified copies of public records, (5) official publications, (6) newspapers and periodicals, (7) trade inscriptions, (8) acknowledged documents, and (9) commercial paper. Article X: Contents of Writings, Recordings, and Photographs - States that to prove the content of a writing, recording, or photograph, production of the original is required except as provided in these rules or by Act of Congress. Permits the admission of evidence other than the original to prove the contents of a writing, recording, or photograph if the original has been lost or destroyed (other than in bad faith), is unobtainable, in the possession of an opponent, or relates to collateral matters. States that the contents of an official record may be proved by certified copy. Allows the contents of voluminous writings, recordings, or photographs to be presented in the form of a chart, summary, or calculation for the sake of convenience. Article XI: Miscellaneous Rules - Sets forth provisions governing applicability of the Federal Rules of Evidence.
United States · United States Congress · 8 February 1973
Water Pollution Control Trust Fund Act - Title I: Water Pollution Control Trust Fund - Establishes in the U. S. Treasury a Water Pollution Control Trust Fund. Authorizes appropriations of such sums as may be necessary to make expenditures in the amount of $4,000,000,000 for each fiscal year. Requires the Secretary of the Treasury to make an annual report to Congress on the financial condition and the results of operation of the Trust Fund during the preceding fiscal year. States that it shall be the duty of the Secretary to invest such portions of the Trust Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States. Provides that amounts in the Trust Fund shall be available for making expenditures to meet obligations of the U. S. under Title II of the Federal Water Pollution Control Act (Construction of waste treatment facilities). Title II: Internal Revenue Code Amendment - Imposes on the income of every individual, estate, trust, and corporation a tax surcharge equal to 3 percent of the adjusted tax. Authorizes the Secretary to prescribe and publish tables reflecting the amount of tax to be deducted and withheld in accordance with the provisions of this Act. (Amends 26 U. S. C.51)
United States · United States Congress · 7 February 1973
Act for Freedom of Emigration in East-West Trade - States that after October 15, 1972, products from any nonmarket economy country shall not be eligible to receive most-favored-nation treatment, such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country during the period beginning with the date on which the President determines that such country: (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice. Provides that, before any of the aforementioned commercial agreements are entered into with any foreign country, the President shall submit to the Congress a report indicating that such country is not in violation of any of the requirements of the preceding paragraph.
United States · United States Congress · 5 February 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 is revealed or threatened. Provides that whenever any Federal agency finds or is made aware by a responsible authority that its operations in connection with any Federal, federally assisted, or federally licensed activity or program affects or may affect adversely significant scientific, prehistorical, historical, or archeological data, such agency may request the Secretary to undertake protection measures, or may itself expend program or activity funds for the recovery, protection, and preservation of such data (including preliminary survey, analysis, and publication) and shall provide the Secretary with appropriate information concerning the project and the investigation. Provides that the Secretary shall keep the responsible agency notified at all times of the progress of any survey or other investigation made under this Act, or of any work undertaken as a result of such survey, in order that there will be as little disruption or delay as possible in the carrying out of the functions of such agency. Provides that the Secretary in the administration of this Act shall: (1) accept and utilize funds transferred to him by any Federal agency; (2) enter into contracts or make cooperative agreements with any Federal or State agency, any educational or scientific organization, or any institution, corporation, association, or qualified individual; (3) obtain the services of experts and consultants or organizations thereof; and (4) accept and utilize funds made available for salvage archeological purposes by any private person or corporation. Authorizes such appropriations as necessary to carry out the purposes of this Act.
United States · United States Congress · 29 January 1973
Provides that in the absence of a declaration of war by the Congress or of a military attack upon the United States, its territories or possessions, the Armed Forces of the United States shall not be committed to combat or introduced into a situation where combat is imminent or likely at any place outside of the United States, its territories and possession, without prior notice to and specific prior authorization by the Congress, except in case of emergency or necessity, the existence of which emergency or necessity is to be determined by the President of the United States. Provides that whenever, in the absence of a declaration of war by the Congress or of a military attack upon the United States, its territories or possessions, the President of the United States nevertheless determines that an emergency or necessity exists which justifies such action, and shall, by consequence, commit the Armed Forces of the United States to combat or shall introduce them into a situation where combat is imminent or likely at any place outside of the United States, its territories or possessions, without prior notice to and authorization by the Congress, the President shall report such action to the Congress in writing, as expeditiously as possible and, in all events, within twenty-four hours from and after the taking of such action. States that not later than ninety days after the receipt of the report of the President the Congress by the enactment with such period of a bill or resolution appropriate to the purpose, shall either approve, ratify, confirm, and authorize the continuation of the action taken by the President and reported to the Congress, or shall disapprove and require the discontinuance of the same.
United States · United States Congress · 24 January 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 · 23 January 1973
Voluntary Military Special Pay Act - Sets forth special pay rates of officers of the Army or Navy in the Medical or Dental Corps, officers of the Air Force designated as medical officers or dental officers, and medical and dental officers of the Public Health Service. Authorizes a member of a uniformed service who has completed at least 21 months of active duty, who has a critical military skill, and who reenlists in the service to be paid an incentive amount, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years of additional obligated service, not to exceed 6 years, or $15,000, whichever is the lesser amount. Provides that a person who enlists in an armed force for a period of at least 3 years, or who extends his initial period of active duty in that armed force to a total of at least 3 years, may be paid an incentive amount of up to $3,000. Grants special incentive pay, not to exceed $12,000 annually, for officers of the uniformed services in critical health professions, who execute written agreements to remain on continuous active duty for a specified number of years. Requires an annual report on this special pay program to the House and Senate Committees on Armed Services. Authorizes special incentive pay, not to exceed $4,000 annually, for officers of armed forces who agree to serve on continuous active duty in a critical shortage specialty for a period of between one to six years. Provides for special incentive pay at specified rates for specified periods for participants in the Selected Reserve of the Ready Reserve of an armed force. Sets forth conditions participants must meet for eligibility. (Amends 38 U.S.C. 302, 308, 308a, 311, 313, 314)
United States · United States Congress · 22 January 1973
Title I: Railway Labor Act - Provides, under the Railway Labor Act, that when a dispute is not adjusted under the provisions of this Act, employees may selectively strike any of the carriers or carrier systems to whom their proposal was directed. Provides that whenever a selective strike or a strike of any combination of carriers occurs, such carriers and representatives of the employees on strike shall provide service and transportation for such persons and commodities as may be directed by the President, on a finding by the President, that such services or transportation cannot in any way be provided by alternate rail, truck, water, or air transportation, and that the termination of such services or transportation would immediately imperil the national health or safety. Provides that it shall be unlawful for any carrier to lock out any craft or class of its employees or any segment of any such class or craft unless such carrier is caused to diminish such service by a strike of all or some portion of its employees. Provides that any agreements affecting rates of pay, rules, or working conditions between employees and any carrier so selectively struck shall be immediately offered jointly, without change, to all carriers who have been jointly or concurrently involved in the previous handling of the dispute under this Act. Provides, under a new title III of the Railway Labor Act, that in the event a dispute is not settled under this Act, any changes in rate, pay, or working conditions made unilaterally subsequent to this Act shall be recinded and the original conditions reinstated, and any selective strike in progress under the provisions of this Act shall be terminated immediately, and for sixty days thereafter, and no change, except by agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose. Provides that the National Mediation Board shall recommend to the President specific actions which it deems most appropriate to the settlement of the dispute and the protection of the public interest. Provides that, during such sixty day period, the President may create a board to investigate and make, for transmittal to the parties in the dispute, a report respecting such dispute. Provides that if no resolution is reached at the end of such sixty days, and if the President finds that the dispute threatens substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation services, the President may: (1) order an additional sixty-day "cooling-off period" during which the parties shall continue collective bargaining under the National Mediation Board; or (2) permit the continuance of the selective strike under the limitations he deems necessary to protect the health or safety of the Nation or any region thereof; or (3) order the parties to submit final offers to the Secretary of Labor and submit such offers to a three-member panel for final settlement. Provides that such panel shall accept one of the final offers without compromise or alteration, except in the case of a settlement being reached by the parties through continued negotiation before such panel makes a final determination. Provides that the final offer selected by such panel shall be deemed to represent the contract between the parties and shall be conclusive unless found arbitrary and capricious. Title II: Labor Management Relations Act, 1947 - Broadens the powers of the President in labor disputes to cover situations which may imperil the health or safety of a substantial part of the Nation's population or territory (presently a threat to the national health or safety is required) and to cover situations which may deprive any section of the country of essential transportation services. Provides that the report of a Board of Inquiry appointed by the President shall contain the Board's recommendations for settlement. Provides that, upon receiving the report and until a final agreement to the labor dispute is reached, the President may issue an order for a specified period not to exceed thirty days that work shall resume or continue with no change in conditions, or he may issue an order for partial operation specifying the extent and condition of such operation. Provides that such orders shall be conclusive unless found arbitrary or capricious by a three-judge Federal district court (presently the President must direct the Attorney General to petition a district court for an injunction). Permits the President to modify his order upon notice to the parties. Requires the President to direct each party to submit a sealed final offer to the Secretary of Labor within five days. Permits each party to submit one alternative final offer. Deems the last offer of a party during previous negotiations to be the final offer if such party refuses to submit a final offer. Permits the parties within ten days to select a three-member panel composed of disinterested persons to act as a final offer selector. Provides that the President shall select the panel if the parties cannot agree. Provides that the Secretary shall transmit the final offers to the panel thirty days after its selection and requires the panel to select the most reasonable offer within five days thereafter. Sets forth factors which the panel may take into account in making its selection. Provides that the panel shall not alter the content of the offer selected. Directs the parties to undertake collective bargaining under the auspices of the Board of Inquiry throughout the period and provides that any complete agreement reached before the selection of a final offer shall be final and binding. Makes the final offer selected by the panel conclusive unless found arbitrary or capricious. Provides that members of the Board or panel shall receive compensation at the daily rate prescribed for the GS-18 level. Makes the provisions of this title enforceable upon suit by the Attorney General brought before a three-judge district court.
United States · United States Congress · 18 January 1973
Retirement Income Security for Employees Act - Declares it to be the policy of this Act to protect interstate commerce, and the equitable interests of participants in private pension plans and their beneficiaries, by improving the scope, administration and operation of such plans, by requiring pension plans to vest benefits in employees after equitable periods of service, by establishing minimum standards of fiduciary conduct, and by providing more appropriate and adequate remedies, sanctions, and ready access to the courts. Sets forth definitions of terms used in this Act. Title I: Organization - Provides that the Secretary of Labor shall have the responsibility to promote programs and plans for the establishment, administration, and operation of employee benefit plans. Requires the registration of such plans with the Secretary upon compliance with requirements set forth in this title. Authorizes the Secretary to undertake appropriate studies relating to pension and profit-sharing-retirement plans. Requires the Secretary to submit an annual report to Congress covering his activities under this Act. Authorizes to be appropriated such sums as may be necessary to enable the Secretary to carry out his duties under this Act. Provides that within the Department of Labor, there shall be an Office of Pension and Welfare Plan Administration to be headed by an Assistant Secretary of Labor, appointed by the President, with Senate advice and consent, to exercise power and authority delegated the Secretary of Labor for the administration and enforcement of the Act. States that, unless exempt, the provisions of this Act apply to any pension or profit-sharing-retirement plan established or maintained by an employer, a union, or both together in any industry or activity affecting interstate commerce. Provides that this Act shall not apply to plans administered by federal or state governments, plans administered by religious organizations, plans for the self-employed, plans covering not more than 25 participants, plans established outside the territorial jurisdiction of the United States for citizens of other countries, certain plans for key executives and plans for members of labor organizations which are financed exclusively from the members' dues. Provides that the Secretary shall require by regulation that each plan furnish a vested participant, upon his termination of service with the plan, with a certificate reciting the benefits due the participant and the location of the entity responsible for payment and the date when payment shall begin. Title II: Vesting and Funding Requirements - States that pension or profit-sharing-retirement plans may require as a condition for eligibility in the plan a period of service longer than six months or an age greater than 21, whichever occurs later. Requires all pension and profit-sharing-retirement plans to vest rights in paritcipants with respect to service on or after the effective date of the title at the rate of a 30 percent vested interest commencing with eight years of service, and increasing by 10 percent each year thereafter in order that 100 percent vesting is attained after 15 years of service. Provides that no more than three of the eight years required to qualify for a 30 percent vested right need be continuous years of service, but that service prior to the age of 21 may be ignored in determining eligibility for a vested right unless the participant or his employer has made contributions to the plan with respect to service prior to age 21. Provides that every pension plan filed for registration under this Act shall provide for funding, in accordance with the provisions of this title, which is adequate to provide for payment of all pension benefits which may be payable under the terms of the plan. Requires such plans to be reviewed every five years by certified acuuaries. Requires all funds of terminated pension plans to be distributed as follows: (1) first, to retirees or persons eligible to retire on the date of plan termination; (2) to participants who have vested rights under the plan but who have not reached retirement age; and (3) to other participants. Provides that an existing plan subject to this title may elect, pursuant to regulations, to divide the plan and its trust into two separate plan and trust accounts as follows: (1) the continuing plan or plan and trust account which shall be a continuation of the plan as it existed immediately before the effective date of this title and which shall cover those participants who have credited service under such plan as of such date and who elect to remain covered by the provisions of such plan; and (2) the new plan or new plan and trust account which shall cover all new participants and all participants who would be eligible to continue coverage under the continuing plan but who elect to waive such coverage and to participate instead in the new plan. Authorizes the Secretary to grant an initial delay of up to three years to comply with the vesting or funding requirements of the Act where initial compliance with these requirements would be unduly burdensom, impractical, or would otherwise adversely affect the interests of employees. States that upon a showing that an employer cannot make the required annual contribution to the plan, the Secretary is authorized to permit the deficiency to be funded over a period of five years, provided that the Secretary is satisfied that such a waiver will not adversely affect the interests of employees and will not impair the financial position of the plan termination insurance fund. Title III: Voluntary Portability Program For Vested Pensions - Establishes a voluntary program for portability or vested pension credits. Provides that the program will be administered by and under the Secretary's direction and designed to facilitate the voluntary transfer of vested credits between registered plans. States that plans registered under the Act may voluntarily apply for membership in the program and upon approval be issued a certificate of membership by the Secretary. Establishes a Voluntary Portability Program Fund under the supervision of the Secretary into which payments will be made in accordance with regulations prescribed by the Secretary under the portability program. Provides that the Secretary shall be the trustee of the fund, and shall administer the fund and report to the Congress annually on the fund's operations and fiscal status. Title IV: Plan Termination Insurance - Establishes the 'Private Pension Plan Termination Insurance Program' which shall be administered by and under the direction of the Secretary. Provides that such program shall insure participants in a plan against losses of vested benefits arising from plan termination. States that the coverage under such program is limited to 50 percent of the highest monthly wage of a participant earned over a five year period or $500 per month. Provides that upon registration with the Secretary, each plan shall pay a uniform assessment to the insurance program to cover the administrative costs of such program. States that no plan insured under this title shall terminate without approval of the Secretary. Provides that where employers in terminated plans are not insolvent, such employers shall be liable to reimburse the insurance program to the extent provided under this title. Creates the Pension Benefit Insurance Fund which shall be available without fiscal year limitation for the purposes of this title. Title V: Disclosure and Fudiciary Standards - Provides that annual reports required by the Welfare and Pension Plans Disclosure Act shall be accompanied by a certificate designating the Secretary as agent for service of process in any action arising under this Act. States that plan descriptions under the Welfare and Pension Plans Disclosure Act shall be comprehensive and written in a manner calculated to be understood by the average participant. Sets forth provisions which a plan's annual financial report shall include. States that the administrator of any employee benefit plan subject to such Act shall file a copy of the plan description and each annual report with the Secretary. Provides that every three years each participant in the plan shall receive a revised summary of the plan's important provisions and major amendments thereto. Expands the Advisory Council on Employee Welfare and Pension Benefit Plans to 19 members (now 13) and adds as permanent categories of membership the fields of actuarial counseling, investment counseling and accounting. Provides that every employee benefit fund established to provide for the payment of benefits shall be established pursuant to a duly executed trust agreement which shall set forth the purpose or purposes for which such fund is established and the detailed basis on which payments are to be made into and out of such fund. States that such fund shall be deemed a trust for the exclusive purpose of (1)providing benefits to participants in the in the plan and their beneficiaries and (2) defraying reasonable expenses of administering the plan. Provides that a fiduciary shall discharge his duties with respect to the fund: (1) solely in the interests of the participants and their beneficiaries; (2) with the care under the circumstances tnen prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; and (3) in accordance with the documents and instruments governing the fund insofar as is consistent with this Act. Sets forth in detail the restrictions on and the extent of the obligations, responsibilities and duties of a fiduciary under this Act. Title VI: Enforcement - Empowers the Secretary to petition any district court of the United States having jurisdiction to require a pension or profit-sharing plan to comply with the requirements of this Act or to recover the payment of required monies. Provides that civil actions by plan participants against violations of the fiduciary requirements of this Act may be instituted in Federal or State courts. Allows a fiduciary or administrator of a plan to obtain judicial review of the actions of the Secretary. Declares it to be the express intent of Congress that the provisions of this Act or the Welfare and Pension Plans Disclosure Act shall supersede any and all laws of the States and of political subdivisions thereof insofar as they may now or hereafter relate to the subject matters regulated by this Act or the Welfare and Pension Plans Disclosure Act. States that nothing in this Act shall be construed to: (1) exempt or relieve any employee benefit plan not subject to this Act or the Welfare and Pension Plans Disclosure Act from any law of any State; (2) exempt or relieve any person from any law of any State which regulates insurance, banking, or securities or to prohibit a State from requiring that there be filed with a State agency copies of reports required ty this Act to be filed with the Secretary; or (3) alter, amend, modify, invalidate, impair, or supersede any law of the United States other than the Welfare and Pension Plans Disclosure Act or any rule or regulation issued under any law except as specifically provided in this Act. Title VII: Effective Dates - Sets forth the effective dates of the provisions of this Act.
United States · United States Congress · 18 January 1973
Health Care Insurance Act - Provides, under the Social Security Act, for medical, dental, and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuance of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical, dental, and hospital services, there is established a program of hospital, dental, and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates, in full payment of allowable premium on a qualified health care insurance policy of his choice. Asserts that health insurance certificiates of entitlement will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any unmarried person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12-month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate of entitlement acceptable by a qualified carrier in payment toward a premium, under a qualified health care insurance policy. Specifies the amount of the tax credit or the value to be assigned to the health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or dentistry or the manner in which medical or dental services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
United States · United States Congress · 18 January 1973
Creates an Atlantic Union delegation, composed of 18 eminent citizens, which is authorized to organize and participate in a convention made up of similar delegations from such North Atlantic Treaty parliamentary democracies as desire to join in the enterprise, and other parliamentary democracies the convention may invite, to explore the possibility of agreement on: (1) a declaration that the goal of their peoples is to transform their present relationship into a more effective unity based on Federal principles; (2) a timetable for the transition by stages to this goal; and (3) a commission to facilitate advancement toward such stages. Requires the convention's recommendations to be submitted to the Congress. Provides that not more than half of the delegation's members shall be from one political party, and that 6 of the delegates shall be appointed by the Speaker of the House of Representatives, after consultation with the House Committee on Foreign Affairs, 6 by the President of the Senate, after consultation with the Senate Committee on Foreign Relations, and 6 by the President of the United States. Allows all members of the delegation to speak and vote individually in the convention. Authorizes the delegation in carrying out the purposes of this Act: (1) to seek to arrange an international convention and such other meetings and conferences as it may deem necessary; (2) to employ and fix the compensation within prescribed limits of such temporary professional and clerical staff as it deems necessary; and (3) to pay not in excess of $100,000 toward such expenses as may be involved as a consequence of holding any meetings or conferences authorized by this joint resolution. Authorizes not to exceed $200,000 to be appropriated to the Department of State to carry out the purposes of this resolution, payments to be made upon vouchers approved by the Chairman of the delegation subject to the laws, rules, and regulations applicable to the obligation and expenditure of appropriated funds. Requires the delegation to make semiannual reports to Congress accounting for all expenditures and such other information as it deems appropriate. Provides that the delegation shall cease to exist at the expiration of the three-year period beginning on the date of the approval of this resolution.
United States · United States Congress · 3 January 1973
Establishes an Institute for Continuing Studies of Juvenile Justice to serve as a coordinating center for the collection and dissemination of information in the field of juvenile delinquency and control, including comparisons and analysis of State and Federal laws and model laws and recommendations designed to promote effective and efficient systems of juvenile justice; and as a training center for representatives of all levels of government who are connected with the treatment and control of juvenile offenders. Provides that the Institute shall be under the supervision of a Director, appointed by the President by and with the advice and consent of the Senate, who will supervise the staff, faculty, and administrative personnel necessary to the Institute's functioning. Gives the Institute powers to carry out the objectives of this Act. Creates an Advisory Commission to design a curriculum for the Institutes enrollees and to supervise the overall policy and operations of the Institute. Authorizes the appropriation of such sums as may be necessary for the purposes of this Act. (Adds 18 U.S.C. 5041-5048)
United States · United States Congress · 3 January 1973
Establishes a Committee on Environment in the House of Representatives, consisting of 25 members. Provides that such Committee shall deal with all measures relating to the quality of the physical environment of the United States and its possessions, including: (1) water quality; (2) air quality; (3) weather modification; (4) waste disposal and management; (5) pesticides and herbicides; and (6) acoustic problems.