United States · United States Congress · 15 May 1974
Requires the Secretary of Defense to take such action as is necessary to insure that any member of the Armed Forces who is discharged shall receive a discharge certificate which shall indicate that such member was so discharged and which shall not bear any indication of the conditions under which such separation occured. States that the reason why such member was so separated (other than by reason of discharged dismissal pursuant to a sentence of a general or special court-martial) and all other records or documents pertaining to such reason or reasons shall be treated as confidential and shall not be made known to or otherwise released to any private person or any public agency (whether Federal, State, or local) without the prior written consent of the member concerned. Sets forth the conditions under which an enlisted member of the Armed Forces may be discharged under other than honorable conditions. Establishes procedures for military review panels in considering the dishonorable discharge of enlisted personnel. Requires military review panels to conduct hearings which afford the enlisted member concerned an opportunity to: (1) appear before the panel and present evidence in his own behalf; (2) be represented by counsel; (3) confront the witnesses against him; and (4) examine documentary and real evidence against him. States that the recommendation of a review panel appointed under the provisions of this Act for separation under other than honorable conditions may be appealed to an appeal board established by the Judge Advocate General concerned, or the General Counsel of the Department of Transportation, as appropriate. Authorizes the Secretaries concerned to prescribe regulations to carry out the provisions of this Act. Requires the Secretaries concerned, after consultation with the Administrator of Veterans' Affairs, to establish a number (but not less than ten) of regional boards of review throughout the United States. States that the function of the regional boards shall be to review the discharge or dismissal (other than a discharge or dismissal by a general or special court-martial) of any former member of an Armed Forces under the jurisdiction of the military department concerned. Provides that if a request for the review of a discharge or dismissal of any person who was discharged or dismissed from the Armed Forces within the fifteen-year period immediately preceding the effective date of this Act was filed before such effective date and such review resulted in no change to the discharge or dismissal, or no new discharge was issued, another request for review of that discharge or dismissal pursuant to this Act may be filed and such review shall be acted upon without prejudice, if such request for review is filed with the appropriate regional board of review within the one-year period immediately following such effective date.
United States · United States Congress · 14 May 1974
Internal Revenue Commission Act - Establishes an independent commission to be known as the Internal Revenue Commission, the principal office of which shall be in the District of Columbia. Provides that all the functions with respect to the administration and enforcement of the Internal Revenue Code of 1954 which, immediately prior to the date that this Act takes effect, were performed by the Secretary of the Treasury, the Commissioner of Internal Revenue, or any other officer or employee of the Department of the Treasury are transferred to the Internal Revenue Commission. Provides that the transfer of functions under this Act shall not affect any act done or any right accruing or accrued before such transfer. States that so much of the positions, personnel, assets, liabilities, contracts, property, and records of the Department of the Treasury which, as determined by the Director of the Office of Management and Budget, were employed, held, used, or available or to be made available in connection with the functions transferred by this Act shall be transferred to the Internal Revenue Commission.
United States · United States Congress · 8 May 1974
National Comprehensive Vision Care Act - Directs the Secretary of Health, Education, and Welfare to make annual grants to the States for the costs of establishing and operating programs under which students in public schools: (1) will receive free vision test; and (2) will be provided, without charge, appropriate necessary follow up services (including opthalmologic and optometric services and eyeglasses). Authorizes such grants to be used to train personnel to administer such tests. Directs the Secretary to establish a panel to advise him with respect to the standards to be prescribed by him under this Act for qualified vision tests. States that such panel shall be composed of four ophthalmologists and four optometrists who by virtue of their training and experience are especially qualified to advise the Secretary with respect to such standards. Requires the Secretary to make an annual report to the Congress respecting the grant program authorized under this Act and to include in such report his recommendations for such legislation as he deems appropriate.
United States · United States Congress · 8 May 1974
Special Unemployment Compensation Act - Provides that each State which enters into an agreement with the Secretary of Labor, pursuant to which it makes payments of special unemployment compensation, shall be paid by the United States such amounts as are deemed necessary by the Secretary of Labor to carry out the provisions of this Act in the State. States that an individual shall be eligible to receive a payment of special unemployment compensation or waiting period credit with respect to a week of unemployment occurring during and subsequent to a special unemployment compensation period in accordance with the provisions of this Act if the individual meets the specified requirements, including the exhaustion of all rights to compensation under all State unemployment compensation and other laws. Provides for the periods of time to be covered by special unemployment compensation under this Act. States that a special unemployment compensation period shall commence in an area designated by the Secretary with the third week after the first week for which there is an "on" indicator for such area, and shall terminate with the third week after the first week for which there is an "off" indicator for such area. Provides that no special unemployment compensation period shall have a duration of less than 13 weeks. Sets forth the criteria for establishing "on" and "off" indicators. Prescribes the calculations to be followed in determining the weekly amount of special unemployment benefits and sets maximum benefit amounts. Empowers the Secretary to promulgate rules necessary to carry out the provisions of this Act. Defines the terms used in this Act. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 7 May 1974
Oil Shale Mining and Energy Corporation Act - Creates the "Oil Shale Mining and Energy Corporation" to establish and administer on Federal land a national program of oil shale exploration and development. Provides that the Corporation shall have a Board of Directors appointed by the President with Senate approval, such board to direct the exercise of all the powers of the Corporation. Provides that the Corporation: (1) may make contracts to carry out its functions under this Act: (2) may purchase, lease, or dispose of such property as it deems necessary; (3) shall have the power to exercise the right of eminent domain; (4) shall have such power as may be necessary for the exercise of the powers specifically conferred in this Act; (5) shall have the power to acquire or dispose of real property except for oil or gas exploration and development; (6) shall have the power to explore for oil shale on Federal lands, to develop and sell oil and gas and other oil shale products produced on Federal lands, and to build and operate all those facilities necessary for the development or sales of such resources, as authorized by this Act; (7) shall have the power to explore, develop, acquire or sell oil and gas and other oil shale products alone or on a joint or cooperative basis with any private or public entity; (8) shall have the power to engage in research directed toward the development and utilization of oil shale deposits on Federal lands, and may build, own, and operate research testing, or demonstration facilities, alone or on a joint or cooperative basis with any private or other public entity; (9) shall have the power to obtain and operate facilities necessary for the production, sale, transportation, or delivery of oil, gas, or other shale products; and (10) shall have the power to sell commercially valuable minerals which may be obtained incidental to the production of oil shale products on Federal lands. Authorizes the President of the United States to transfer to the Corporation the use, possession, and control of such other Federal land or personal property of the United States as he may from time to time deem necessary. Specifies, with respect to the Corporation, procedures for maintaining accounts, entering into contracts, and providing annual financial statements and reports. Provides for audit, by the Comptroller General, of the transactions of the Corporation. Authorizes the Corporation to lease, purchase, or construct transmission pipelines within transmission distance from the place where oil and gas products from oil shale on Federal lands are produced and to interconnect with other systems. Authorizes and directs the Board of Directors of the Corporation,, in order to render financial assistance to States and local governments within whose jurisdiction the Corporation has acquired properties previously subject to State and local taxation, to pay to such State and local governments percentages of the gross proceeds derived from the operation of the Corporation. Provides that such payments are in lieu of taxation and that the Corporation, its property, franchises, and income are expressly exempted from taxation in any manner by any State or local government. Authorizes the Corporation to issue and sell bonds, notes, and other evidences of indebtedness in order to assist in financing its oil shale resources exploration and development program and to fund such bonds. Provides criteria for setting of rates for sale of oil shale products by the Corporation. Provides that all net proceeds (over expenses) of the Corporation for each fiscal year shall be deposited in the American Indian Fund, such Fund to be created in the Treasury of the United States. Provides for the allocation of such Fund to eligible Indian tribes by the Secretary of Interior under the State and Local Fiscal Assistance Act. Directs that, prior to the initiation of any program of exploration or the construction of any major facility under this Act, the Corporation shall prepare an environmental impact statement pursuant to the National Environmental Policy Act, such statement to be made public. Provides that hearings be held to allow interested persons to submit comments on the statement. Prohibits the Corporation from using surface mining techniques for the exploration or development of oil shale resources. Authorizes the appropriation to the Corporation for each fiscal year of all sums necessary to carry out this Act.
United States · United States Congress · 6 May 1974
Elderly Transit Fare Reduction Act - Provides, under the Urban Mass Transportation Act, priority in the allocation of funds to those cities and other public agencies which will permit persons who are at least sixty-five years of age to use the facilities at specially reduced fares during weekdays, weekends and holidays. (Adds 49 U.S.C. 1602(f))
United States · United States Congress · 2 May 1974
Revises the Regional Rail Reorganization Act of 1973 by increasing the period of time during which interested members of the public may comment on proposed preliminary railway system plans. Increases the time limit within which the United States Railway Association shall submit a final railway system plan under the Regional Rail Reorganization Act of 1973.
United States · United States Congress · 2 May 1974
Prohibits the Bureau of Labor Statistics from instituting any revision in the method of calculating the Consumer Price Index until such revision has been approved by resolution by either the Senate or the House of Representatives of the United States of America.
United States · United States Congress · 1 May 1974
Provides that interest forfeited by reason of premature cancellation of savings deposits shall not be included in gross income under the Internal Revenue Code.
United States · United States Congress · 30 April 1974
In Situ Oil Shale Technology Act - Establishes the In Situ Oil Shale Technology Corporation. States that it shall be the function of the Corporation to select the best technically, environmentally, and economically feasible nonnuclear in situ methods for producing a syncrude from oil shale. Authorizes the Corporation to design, construct, operate, and maintain demonstration-type facilities for such methods selected in order to determine the technical, environmental, and economical feasibility thereof. Authorizes the Corporation to design, construct, operate, and maintain, for such methods demonstrated, a full-scale, commercial-size facility to produce a syncrude from oil shale by such method. Requires all research, development, demonstration, or projects contracted for, sponsored, or cosponsored by the Corporation pursuant to this Act, to require as a condition of Federal participation that all information resulting in whole or in part from federally assisted research shall be made available at the earliest possible date to the general public. Directs that on or before the expiration of ten years following the date of the enactment of this section, the Board of Directors of the Corporation shall take such action as may be necessary to dissolve the Corporation. Directs the Secretary of the Interior to make available to the Corporation established by this Act Federal lands under his jurisdiction for the purposes of the Corporation. Authorizes appropriation to the Corporation of such sums as may be necessary to carry out the purposes of the Corporation.
United States · United States Congress · 25 April 1974
Special Unemployment Compensation Act - Provides that each State which enters into an agreement with the Secretary of Labor, pursuant to which it makes payments of special unemployment compensation, shall be paid by the United States such amounts as are deemed necessary by the Secretary of Labor to carry out the provisions of this Act in the State. States that an individual shall be eligible to receive a payment of special unemployment compensation or waiting period credit with respect to a week of unemployment occurring during and subsequent to a special unemployment compensation period in accordance with the provisions of this Act if the individual meets the specified requirements, including the exhaustion of all rights to compensation under all State unemployment compensation and other laws. Provides for the periods of time to be covered by special unemployment compensation under this Act. States that a special unemployment compensation period shall commence in an area designated by the Secretary with the third week after the first week for which there is an "on" indicator for such area, and shall terminate with the third week after the first week for which there is an "off" indicator for such area. Provides that no special unemployment compensation period shall have a duration of less than 13 weeks. Sets forth the criteria for establishing "on" and "off" indicators. Prescribes the calculations to be followed in determining the weekly amount of special unemployment benefits and sets maximum benefit amounts. Empowers the Secretary to promulgate rules necessary to carry out the provisions of this Act. Defines the terms used in this Act. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 25 April 1974
Expresses the sense of Congress that the Internal Revenue Service reevaluate the present twelve cent per mile tax deduction for the business use of automobiles due to the rising cost of gasoline, and readjust this figure to reflect current costs.
United States · United States Congress · 11 April 1974
Requires, under the Emergency Petroleum Allocation Act of 1973, that the President of the United States allocate plastic feedstocks produced from petrochemical feedstocks. Requires the President to report to the Congress on a monthly basis changes made under this Act. Defines the terms used in this Act.
United States · United States Congress · 11 April 1974
Food Program Technical Amendment - Provides that the Secretary of Agriculture shall use specified funds, including stocks of the Commodity Credit Corporation, to purchase agricultural commodities and products to maintain the traditional level of assistance for food assistance programs, including school lunch, institutions, supplemental feeding, and disaster relief distribution. Authorizes the Secretary to administer a food stamp program at the request of any tribal government of native Americans to provide eligible households with an opportunity to participate in the food stamp program. Authorizes the Secretary to pay a tribal governments 100 percent of the costs for administration of food stamp programs on Indian reservations.
United States · United States Congress · 11 April 1974
Medicare Long-Term Care Act - Establishes, under title XVIII of the Social Security Act (Medicare), a voluntary program to provide long-term care benefits for aged and disabled individuals who elect to enroll under such program, financed from premium payments by enrollees together with contributions from funds appropriated by the Federal Government and contributions by the States. Lists criteria for eligibility for long-term care service benefits. Provides that the benefits provided to an individual by this Act shall consist of (1) home health services, (2) homemaker services, (3) nutrition services, (4) long-term institutional care services, (5) day care and foster home services, and (6) community mental health center outpatient services. Enumerates the requirements for a State long-term care agency. Provides for the payment of premiums for benefits received under this Act. Establishes on the books of the Treasury of the United States a trust fund to be known as the Federal Long-Term Care Trust Fund. Creates a body to be known as the Board of Trustees, composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health, Education, and Welfare, all ex officio. States that the Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees and that the Commissioner of Social Security shall serve as the Secretary of the Board of Trustees. Provides that the Board of Trustees shall meet not less frequently than once each calendar year. Enumerates the duties of the Board of Trustees. Declares that a community long-term care center shall: (1) provide the items and services listed in this Act to each individual (i) who is eligible for benefits under this part, (ii) who resides in the area served by such center and (iii) who is certified as requiring such services; (2) evaluate and certify the long-term care needs of an individual for whom such care may be required in order to maintain such individual in an independent living arrangement which is reasonable given such individual's state of health and other circumstances (but not including such individual's economic circumstances); (3) maintain a continuous relationship with (and periodically evaluate not less than annually) each individual who is receiving any of the items and services listed in this Act; (4) provide full opportunity for such individual and his family to participate in the determinations and functions under this Act; (5) provide an organized system for making its existence and location known to all individuals in its service area who are eligible for benefits under this part, and for making known to such individuals the method or methods by which they may most efficiently obtain and use the services which it makes available; and (6) performs such other functions as the Secretary of Health, Education, and Welfare may by regulation prescribe in order to have such center most effectively carry out the purposes of this Act. Provides a formula for payments to States for the reimbursement of community long-term care centers. Directs the Secretary, after consultation with organizations representing the chief executives of the various States, and other interested parties, to develop and make available to community long-term care centers one or more methods of obtaining payment for the benefits covered under this Act on a prospective basis. States that once a community long-term care center elects a particular prospective method, it may not alter its election without the prior approval of the Secretary. Provides that whenever the Secretary finds that the number of community long-term care centers electing a particular prospective payment method promulgated in accordance with this Act is not sufficient to provide an adequate basis for either the operation or evaluation of that method, the Secretary shall withdraw that method and allow the community long-term care centers which have elected such method to select another method withn 30 days of notice of such withdrawal. Permits a Governor of a State to certify to the Secretary a method of prospective payment other than those promulgated under this Act. States that the determination of whether an individual is entitled to benefits under this Act shall be made by the Secretary in accordance with regulations prescribed by him. Provides for increases in supplemental security income benefits.
United States · United States Congress · 10 April 1974
Prescribes a World War I veterans' pension of $150 for married veterans or veterans with one child or $135 for unmarried veterans, and an extra $125 for those in need of regular attendance. Authorizes hospital, domiciliary, and medical care to such veterans for non-service-connected disabilities, and costs for medical services unavoidably incurred outside Veterans Administration facilities. Authorizes the payemnt of a pension to the widow of a World War I veteran if she is not otherwise entitled to a pension.
United States · United States Congress · 10 April 1974
Provides under the Social Security Act for a minimum annual income of $3,850 in the case of a single individual and $5,200 in the case of married couples aged 62 and over. Sets forth provisions governing the determination of annual income and payment of benefits.
United States · United States Congress · 10 April 1974
Home Health Services Act - Provides, under the Public Health Service Act, for the establishment and initial operation of public and nonprofit private agencies which will provide home health services in areas in which such services are not otherwise available. Authorizes the Secretary of Health, Education, and Welfare to make grants: (1) to meet the initial and expanding costs of such agencies; and (2) for programs for the training of professional and paraprofessional personnel to provide home health services. Authorizes the appropriation of such sums as may be necessary to carry out this Act.
United States · United States Congress · 9 April 1974
Soviet Energy Investment Prohibition Act - Provides that no department, agency, or instrumentality of the United States Government may directly or indirectly provide assistance to finance or otherwise promote the export of any commodity, product, or service from the United States if the intended use of such commodity, product, or service involves energy research and development or energy exploration in the Union of Soviet Socialist Republics.
United States · United States Congress · 8 April 1974
Bicentennial Advanced Technology Transportation System Demonstration Act - Directs the Secretary of Transportation to make a comprehensive study of a high-speed ground transportation system between Washington, District of Columbia, and Annapolis, Maryland, and a high-speed marine vessel transportation system between the Baltimore-Annapolis area in Maryland and the Yorktown-Williamsburg-Norfolk area in Virginia. Authorizes the construction of such system if such study demonstrates their feasibility. Authorizes appropriations of $300,000 for carrying out the purpose of this Act.
United States · United States Congress · 4 April 1974
Directs the Joint Committee on the Library to procure a bronze bust or statue of Martin Luther King, Junior, and to cause such sculpture to be placed in a suitable location in the Capitol as determined by the Joint Committee on the Library.
United States · United States Congress · 3 April 1974
Authorizes a five-year extension of the period of temporary admission into the United States for specified residents of Chile who are presently in the United States as nonimmigrant aliens.
United States · United States Congress · 28 March 1974
Energy Emergency Employment Act - Expresses the findings of Congress and declares that it is the purpose of this Act to detect unemployment and underemployment as a result of the "energy crisis", to provide workers with assistance to return workers to employment; and to provide areas with particularly heavy energy related joblessness special employment assistance. Title I: Energy Emergency Employment Board - Establishes within the Department of Labor an Energy Emergency Employment Board, consisting of five private members appointed by the President by and with the advice and consent of the Senate and two "ex officio" members: the Director of the Federal Energy Office and the Secretary of Labor, who will also serve as Chairman. Enumerates the functions of the Board, including to: (1) oversee the implementation of the energy emergency employment programs authorized in this Act; (2) recommend programs that will return persons unemployed or underemployed, as a result of the energy emergency, to productive full-time employment as rapidly as possible, (3) develop an early unemployment warning system; and (4) undertake manpower planning projects to estimate long and short term energy emergency related employment trends. Requires the Board to make reports to the Congress and the President. Title II: Energy Emergency Employment Opportunity Program - Directs the Secretary of Labor to enter into arrangements with public service employers in order to make financial assistance available for the purpose of providing employment opportunities, particularly for persons who are unemployed or underemployed as a result of the energy emergency, in jobs providing needed public services. Sets forth the procedure and requirements to be met by applications for financial assistance for the purpose of carrying out a public service employment program under this Act. Provides that the amounts appropriated pursuant to this Act for any fiscal year shall be allocated by the Secretary in such manner as prescribed by the Board. Provides that 80 per cent of such amount shall be apportioned among the States in that proportion which the total number of persons underemployed or unemployed in each such State bears to such total number of such persons, respectively, in the United States, and the remainder shall be available to carry out a special Energy Emergency Area Employment Assistance Program. States that the Secretary shall not provide financial assistance for any program or activity under this Act unless he determines that specified critera are met, including that the program: (1) will result in an increase in employment opportunities over those which would otherwise be available; (2) will not result in the displacement of currently employed workers; (3) will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed; and (4) will not substitute public service jobs for existing federally assisted jobs. Authorizes appropriations for such purposes. Directs the Secretary to develop and carry out a program of incentives to private industry to hire, and train if necessary, persons unemployed or underemployed as a result of the energy emergency. Authorizes to be appropriated such funds as may be necessary to carry out this title. Title III: Energy Emergency Employment Assistance - Provides that any person unemployed or underemployed as a result of the energy emergency may file an application with the Secretary for economic adjustment assistance provided under this title. States that economic adjustment assistance under this title consists of: (1) readjustment allowances; (2) training and counseling benefits; (3) relocation allowances; and (4) health benefits. Prescribes the requirements to be met by an adversely affected worker before readjustment allowances will be paid. Provides that payment of readjustment allowances shall not be made for more than twenty-six weeks, unless upon application to the Secretary for extension, that proof of a good faith effort to attain employment has been made, in which case one additional 26 week extension shall be allowed. Sets forth the qualifying requirements for relocation allowances and health benefits. Authorizes to be appropriated such funds as may be necessary to carry out the provisions of this title. Title IV: Definitions - Defines the terms used in this Act, including "adversely affected worker" and "unemployed or underemployed person."
United States · United States Congress · 26 March 1974
Petroleum Industry Antitrust Act - Provides that, after the expiration of the five-year period commencing on the date of the enactment of this Act, it shall be unlawful for any company engaged in the production or refining of petroleum products for commerce to engage in the marketing of petroleum products in commerce or to own or control any company engaged in the marketing of petroleum products in commerce.
United States · United States Congress · 21 March 1974
Wheat Export Marketing Control Act - Authorizes the appropriation of such sums as may be necessary for the fiscal year ending June 30, 1975, to carry out this Act. Title I: Wheat Export Marketing Stamps - Provides that all persons exporting wheat from the United States (except as otherwise provided under this Act) shall, prior to such export, obtain export marketing stamps from the Commodity Credit Corporation based upon the number of bushels to be exported and the price paid by the exporter for such bushels. Directs that the Commodity Credit Corporation shall issue export marketing stamps without payment if the Secretary of Agriculture and the Secretary of State jointly determine that (1) the exports are to a developing country with a serious balance-of-payments deficit; (2) such action would be in the best interests of the foreign relations of the United States; and (3) such action would not adversely affect the regulatory program provided for under this title. Provides that the Secretary of Agriculture may exempt from the requirements of this Act wheat exported for donations abroad and other noncommercial exports of wheat. Directs the Secretary of Agriculture to provide for the issuance of wheat export marketing stamps for wheat and end products. Authorizes the Secretary to promulgate such rules as he considers necessary or appropriate to carry out this Act. Establishes in the Treasury of the United States the Wheat Export Marketing Trust Fund, to consist of moneys collected by the Commodity Credit Corporation from the sale of export marketing stamps under this Act. Prescribes procedures for administration of the Fund. Title II: National Wheat Council - Establishes a nonprofit organization to be known as the National Wheat Council, which shall not be an agency or establishment of the United States, to be composed of twelve members. Sets forth the procedure and criteria for appointment of Council members. Provides that it shall be the responsibility of the Council to be informed of prices, income and population, and demand for farm products, use of resources in agriculture, statistics for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports. Provides that any organization or agency, public or private, may submit plans to the Council which would (1) promote research and production of wheat; (2) improve quality and yield of wheat; (3) promote distribution and use of wheat; (4) disseminate existing and new product knowledge, uses, and values in nutrition of wheat and end products; or (5) promote our foreign wheat markets or help develop foreign wheat markets and increase our share of such markets. Authorizes the Council to approve and fund any such plan.
United States · United States Congress · 21 March 1974
Requires, under the Internal Revenue Code of 1954, that the credit for foreign taxes shall not be allowed in the case of taxes paid to a foreign country with respect to the income derived from any oil or gas well located in a foreign country. Eliminates the percentage depletion allowance in the case of any such well presently authorized under such Code.
United States · United States Congress · 14 March 1974
Emergency Fuel Tax Suspension Act - Suspends the excise tax on diesel and special motor fuels during the 180-day period beginning on the day following the date of enactment of this Act. Directs the President to specify a ceiling price for diesel fuel and special motor fuels at levels prevailing on January 15, 1974, less an amount per gallon equal to the amount by which excise taxes were suspended with respect to such products under this Act. States that such ceiling price shall be in effect for the 180-day period beginning on the day following the date of the enactment of this Act.
United States · United States Congress · 13 March 1974
Provides, under title II of the Social Security Act (Old-Age, Survivors' and Disability Insurance), that increases in monthly insurance benefits (whether occurring by reason of increases in the cost of living or enacted by law) shall not be considered as annual income for purposes of the following benefit programs: dependency and indemnity compensation to parents of a deceased veteran, pension for non-service-connected disability or death or for service, and the Veterans' Pension Act of 1959.
United States · United States Congress · 13 March 1974
Public Service Employment Act - Declares it to be the purpose of this Act to provide unemployed and underemployed persons with employment in jobs providing needed public services and appropriate training and related services. Authorizes to be appropriated to carry out this Act such sums as Congress determines necessary for each fiscal year ending prior to fiscal year 1978. Provides that the Secretary of Labor shall enter into arrangements with applicants for the purpose of providing financial assistance to public and private nonprofit agencies and institutions for the creation of jobs providing employment for unemployed or underemployed persons in carrying out needed public services. Provides that such eligible applicants shall be: (1) States, counties, cities, and other units or combinations of units of general local government which have established public service employment councils; and (2) other public and private agencies and institutions when government units of services are inadequate or nonexistent. Authorizes the Secretary to enter into agreements with eligible applicants, using 25 percent of the funds authorized under this Act, for the purpose of providing employment, for unemployed and underemployed persons residing in areas of substantial unemployment, in jobs providing needed public services, which shall be carried out to the maximum practicable extent within such areas. Provides for the establishment of a public service employment council. Provides that the Secretary shall not provide financial assistance for any program or activity under this Act unless he determines that: (1) the program will result in an increase in employment opportunities over those which would otherwise be available, will not result in the displacement of currently employed workers, will not impair existing contracts for services or result in the substitution of Federal for other funds in connection with work that would otherwise be performed, and will not substitute public service jobs for other federally assisted jobs; (2) persons employed in public service jobs assisted under this Act shall be paid wages which shall not be lower than whichever is the highest minimum wage which would be applicable to the employee under the Fair Labor Standards Act of 1938, the State or local minimum wage for the most nearly comparable covered employment, or the prevailing rates of pay for persons employed in similar public occupations by the same employer; (3) funds under this Act will not be used to pay persons employed in public service jobs under this Act at a rate in excess of $12,000 per year; (4) all persons employed in public service jobs assisted under this Act will be assured of workmen's compensation, health insurance, unemployment insurance, and other benefits at the same levels and to the same extent as other employees of the employer and to the same working conditions and promotional opportunities as such other employees enjoy; (5) provisions of law relating to health and safety conditions shall apply to such program or activity; (6) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (7) not to exceed 10 percent of the funds available for any program under this Act will be used for the acquisition or the rental or leasing of supplies, equipment, materials, or real property; and (8) every participant shall be advised prior to entering upon employment, of his rights and benefits in connection with such employment. Provides that the Secretary shall transmit at least annually a detailed report setting forth the activities conducted under this Act. Provides that the Secretary shall carry out a program of research and pilot projects into alternate ways and means to research full employment.
United States · United States Congress · 12 March 1974
Declares that it is the purpose of Congress to: (1) establish a national transportation rate policy for all recovered materials; and (2) eliminate discriminatory transportation rates charged by regulated carriers for the movement in commerce of recovered waste and recycled or recyclable materials. Directs the Interstate Commerce Commission and the Federal Maritime Commission to effect such lawful changes in the rate structure of the country as will promote the freedom of movement by common carriers of recovered materials at the lowest possible lawful rates compatible with the maintenance of adequate transportation service. Directs the Administrator of the Environmental Protection Agency to take such steps as are necessary to insure that the directives of this Act are carried out as expeditiously as possible, including the initiation of, and intervention in, proceedings before the Interstate Commerce Commission and the Federal Maritime Commission. Directs the Interstate Commerce Commission and the Federal Maritime Commission to undertake studies to be completed within two years of the enactment of this Act of the feasibility of establishing a transportation rate policy for all recoverable materials. Specifies areas to be covered in such study and requires that it be submitted to Congress. Directs the Interstate Commerce Commission, the Federal Maritime Commission, and the Federal Railroad Administration to establish a transportation research and demonstration program coordinated by the Secretary of Transportation with the objective of facilitating the most efficient movement of recycled materials in commerce. Prohibits any railroad, common carrier by water, or motor carrier in interstate or foreign commerce from charging, demanding or collecting any rate for the transportation of recovered materials which is unreasonable or unjustly discriminatory. Describes procedures for complaints with respect to such alleged discrimination. Provides civil penalties for violation of this Act.
United States · United States Congress · 12 March 1974
Provides that recipients of veterans' pension and compensation shall not have the amount of such pension or compensation reduced, or entitlement thereto discontinued, because of increases in monthly social security benefits resulting from the enactment of Public Law 93-66, Public Law 93-233, and subsequent cost-of-living increases under title II of the Social Security Act. Provides that the provisions of this Act shall apply with respect to annual income determinations made for calendar years after 1972.
United States · United States Congress · 6 March 1974
National Resource and Energy Conservation Act - Title I: Formal Provisions - Declares it to be the purpose of the Congress to reduce the wasteful allocation of scarce resources by recovering materials and producing energy from waste through an intensive research and development program in the Environmental Protection Agency (with the assistance of the National Aeronautics and Space Administration) and a program of technical assistance and support to Government agencies and persons producing or using such energy. Title II: Product Standards and Regulation - States that it shall be unlawful for any person to introduce or deliver for introduction in commerce any product which does not conform to the standards or regulations prescribed by the Administrator under this title. Provides that any person, other than a person who commits a criminal violation, who is found by the Administrator after notice and an opportunity for an adjudicative hearing to have committed an act prohibited by this title, shall be liable to the United States for a civil penalty of a sum which is not more than $20,000 for each day of violation. Requires that, within one year after the date of enactment of this title, the Administrator shall promulgate and shall, from time to time, revise such standards regulating the manufacture and distribution of certain products in commerce as he determines necessary to protect health or the environment against unreasonable burdens and risks associated with the disposal of such products. Permits the Administrator or the Attorney General to file an action against any product which constitutes an imminent hazard as prescribed by this title or any product which the Administrator finds is manufactured or distributed in violation of this title for seizure of such product. Directs the Administrator to conduct a study of possible methods of regulating the design, use, reuse, and recycling of certain products to reduce the generation of solid waste, reduce the consumption of virgin materials resources, or to reduce burdens on the environment associated with the manufacture, utilization, or disposal of such products. Directs the Administrator to conduct research, investigations, experiments, surveys, studies and demonstrations of means of reducing waste generation and increasing the recovery of materials and the production of energy from solid, liquid, and semisolid wastes from residential, commercial, industrial, and agricultural sources. Title III: Unsafe Disposal Practices - Provides that, within eighteen months after the date of enactment of this title and from time to time thereafter, the Administrator shall issue regulations in accordance with this title and after consultation with representatives of other appropriate agencies: (1) identifying unsafe disposal practices; (2) identifying hazardous wastes; and (3) establishing standards for the control of unsafe disposal practices, including requirement of a permit for persons generating hazardous wastes and establishment of requirements for permit holders. Provides that, within eighteen months after promulgation of final regulations and in accordance with this title, each State shall establish a State implementation plan to regulate disposal practices and submit such plan to the Administrator for approval. Establishes a $25,000 fine for each day of noncompliance by a violator of this title. Provides that for the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this title, any person who stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. Requires that, within eighteen months following the enactment of this Act, the Administrator shall conduct, and upon completion, report to the Congress and the President the results of, a study of the feasibility of designing a national resource recovery plan to be implemented by the States individually or in cooperation with other States which will encourage the maximum recovery of resources from wastes and the subsequent recovery of energy from those wastes which are not otherwise recoverable. Permits the Administrator to make grants to appropriate State and interstate agencies and general purpose local governments, or combinations thereof, in an amount not to exceed 60 percent of the reasonable costs of such programs, to assist them in the administration, enforcement, planning, implementation, training, manpower development, technical assistance, public information, basic data collection, or analytical services relating to the collection, transport, processing, recovery, and disposal of hazardous waste. Requires the Administrator to conduct, encourage, cooperate with, and render financial, technical, and other assistance to appropriate authorities, agencies, an institutions, in the conduct of, research, development, investigations, experiments, surveys, and studies relating to: (1) any adverse effects on human health or the environment upon the release into the environment of material present in the land disposal solid, liquid, and semisolid waste, and methods to eliminate such effects; and (2) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid, liquid, and semisolid wastes. Title IV: Federal Procurement and Measurement - Requires that with respect to each purchase and contract for property, the aggregate amount of which exceeds $5,000, no procurement shall be made by any procuring agency in the case of procurement items purchased through advertisement for bids, of any procurement item which in comparison with other competing items offered for sale by suppliers is not composed of the greatest percentage of recovered materials and is not to the greatest extent recyclable or reusable following the use for which it was purchased, whenever a significant difference as to these characteristics exists between such items and competing items. Title V: Material Recovery and Energy Production - Directs the Administrator, alone or in conjunction with the Administrator of the National Aeronautics and Space Administration, to conduct research, development, investigations, experiments, surveys, studies, and demonstrations of means of increasing the recovery of materials and the production of energy in usable forms, or both, from solid, liquid, and semisolid waste, from residential, commercial, industrial, and agricultural sources; and to develop, within three years from the date of enactment of this title, not less than three major facilities to demonstrate, substantiate, and validate any determinations made pursuant to this title. Directs the Administrator to provide funds by grant or contract to initiate, continue, supplement, and maintain research and development programs or activities which, in his judgment, appear likely to lead to the development of a facility for the recovery of materials or production of energy from waste, or both. Authorizes the Administrator to guarantee and to make commitments to guarantee the payment of interest on and the principal balance of an obligation to initiate, continue, supplement, and maintain research and development of programs leading to a facility for recovery of material or production of energy from waste. Authorizes appropration to the Administrator not to exceed $50,000,000 to pay interest on, and the principal balance of, any obligation guaranteed by the Administrator as to which the obligor has defaulted. Requires each recipient of financial assistance or guarantees under this title, whether in the form of grants, subgrants, contracts, subcontracts, loans, loan or other obligation guarantees, or other arrangements, to keep such records as the Administrator shall prescribe, and that they shall be subject to audit by the Comptroller General. Title VI: Council on Environmental Representation - Environmental Representation Act - Establishes an independent agency to be known as the Council on Environmental Representation for the purpose of providing support for legal representation and assistance in proceedings, for matters relating to the quality of the environment as described in this title. States that the functions of the Council shall be to establish programs, including local offices if necessary, to provide direct legal and other assistance to eligible clients and to make grants to eligible clients for the purpose of securing adequate representation and assistance to such clients before Federal, State, and local legislative bodies, administrative agencies, and courts in matters dealing with the environment of such clients. Authorizes the Chairman of the Council to intervene as a party or otherwise participate for the purpose of representing the interests of eligible clients in any proceeding before any Federal agency in matters affecting the environment of eligible clients, regardless of whether an agreement has been reached between the Council and an eligible client with respect to representing such eligible client's interests. Directs the Chairman to establish a program for disseminating information to eligible clients with respect to the type of services which may be available under this title. Authorizes appropration for the purpose of carrying out the activities of the Council under this title, $25,000,000 for the fiscal year ending June 30, 1975, $50,000,000 for the fiscal year ending June 30, 1976, and $75,000,000 for the fiscal year ending June 30, 1977. Title VII: National Commission on Environmental Costs - Establishes the National Commission on Environmental Costs to conduct a comprehensive study, including field testing and controlled experimentation to the extent possible, of the feasibility, practicality, and value of the establishment of a system of national disposal cost charges on all products, other than consumables; and to examine all feasible methods of environmental disclosure including notices regarding the damage done by polluters, labeling of products to indicate their environmental costs, and other means of effectively informing the public of pollution sources and alternative nonpolluting modes of public and private action. Authorizes appropriation to the Commission of such sums as may be necessary not to exceed a total of $1,500,000. Title VIII: General Provisions - Allows any person to commence a civil action for injunctive relief on his own behalf, whenever such action constitutes a case or controversy: (1) against any person (including the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) alleged to be in violation of any regulation, order, or permit requirement promulgated pursuant to this Act; or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under any title of this Act which is not discretionary with the Administrator. Requires each manufacturer of a product to which title II of this Act is applicable to establish and maintain such records, make such reports, provide such information, and make such tests as the Administrator or the Secretary of the Treasury may, at his discretion, reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with such title II. Provides that in addition to specific authorizations for appropriations contained herein, there are authorized to be appropriated for purposes of carrying out this Act such additional sums as are necessary.
United States · United States Congress · 6 March 1974
Declares that it is the purpose of Congress to: (1) establish a national transportation rate policy for all recovered materials; and (2) eliminate discriminatory transportation rates charged by regulated carriers for the movement in commerce of recovered waste and recycled or recyclable materials. Directs the Interstate Commerce Commission and the Federal Maritime Commission to effect such lawful changes in the rate structure of the country as will promote the freedom of movement by common carriers of recovered materials at the lowest possible lawful rates compatible with the maintenance of adequate transportation service. Directs the Administrator of the Environmental Protection Agency to take such steps as are necessary to insure that the directives of this Act are carried out as expeditiously as possible, including the initiation of, and intervention in, proceedings before the Interstate Commerce Commission and the Federal Maritime Commission. Directs the Interstate Commerce Commission and the Federal Maritime Commission to undertake studies to be completed within two years of the enactment of this Act of the feasibility of establishing a transportation rate policy for all recoverable materials. Specifies areas to be covered in such study and requires that it be submitted to Congress. Directs the Interstate Commerce Commission, the Federal Maritime Commission, and the Federal Railroad Administration to establish a transportation research and demonstration program coordinated by the Secretary of Transportation with the objective of facilitating the most efficient movement of recycled materials in commerce. Prohibits any railroad, common carrier by water, or motor carrier in interstate or foreign commerce from charging, demanding or collecting any rate for the transportation of recovered materials which is unreasonable or unjustly discriminatory. Describes procedures for complaints with respect to such alleged discrimination. Provides civil penalties for violation of this Act.
United States · United States Congress · 6 March 1974
Establishes the National Institute of Aging in the Public Health Service to conduct and support research on the aging process, on preventive measures with respect to health problems of the aged, and on treatment and cures for such problems. Establishes the Natonal Advisory Council on Aging to advise on programs relating to the aged and monitor the Institute. Provides traineeships and fellowships for the study of health problems of the aged.
United States · United States Congress · 5 March 1974
States that, under the Internal Revenue Code, no tax shall be imposed on any aircraft owned and operated by the Civil Air Patrol if such aircraft is used for search and rescue.
United States · United States Congress · 28 February 1974
Authorizes additional educational assistance allowance payments to eligible veterans to partially defray the cost of tuition in an amount representing such cost which exceeds $419 for an ordinary school year, but not exceeding $600. (Adds 38 U.S.C. 1682)
United States · United States Congress · 28 February 1974
Wheat Export Marketing Control Act - Authorizes the appropriation of such sums as may be necessary for the fiscal year ending June 30, 1975, to carry out this Act. Title I: Wheat Export Marketing Stamps - Provides that all persons exporting wheat from the United States (except as otherwise provided under this Act) shall, prior to such export, obtain export marketing stamps from the Commodity Credit Corporation based upon the number of bushels to be exported and the price paid by the exporter for such bushels. Directs that the Commodity Credit Corporation shall issue export marketing stamps without payment if the Secretary of Agriculture and the Secretary of State jointly determine that (1) the exports are to a developing country with a serious balance-of-payments deficit; (2) such action would be in the best interests of the foreign relations of the United States; and (3) such action would not adversely affect the regulatory program provided for under this title. Provides that the Secretary of Agriculture may exempt from the requirements of this Act wheat exported for donations abroad and other noncommercial exports of wheat. Directs the Secretary of Agriculture to provide for the issuance of wheat export marketing stamps for wheat and end products. Authorizes the Secretary to promulgate such rules as he considers necessary or appropriate to carry out this Act. Establishes in the Treasury of the United States the Wheat Export Marketing Trust Fund, to consist of moneys collected by the Commodity Credit Corporation from the sale of export marketing stamps under this Act. Prescribes procedures for administration of the Fund. Title II: National Wheat Council - Establishes a nonprofit organization to be known as the National Wheat Council, which shall not be an agency or establishment of the United States, to be composed of twelve members. Sets forth the procedure and criteria for appointment of Council members. Provides that it shall be the responsibility of the Council to be informed of prices, income and population, and demand for farm products, use of resources in agriculture, statistics for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports. Provides that any organization or agency, public or private, may submit plans to the Council which would (1) promote research and production of wheat; (2) improve quality and yield of wheat; (3) promote distribution and use of wheat; (4) disseminate existing and new product knowledge, uses, and values in nutrition of wheat and end products; or (5) promote our foreign wheat markets or help develop foreign wheat markets and increase our share of such markets. Authorizes the Council to approve and fund any such plan.
United States · United States Congress · 28 February 1974
Comprehensive Waste Management and Resource Recovery Act - Requires the Administrator of the Environmental Protection Agency to propose guidelines, based on specified national objectives, for the adoption, submission, implementation, and enforcement of effective State waste management and resource recovery plans. Requires the adoption of such plans within 12 months of the promulgation of guidelines by the Administrator. Requires the acceptance or rejection based on specified criteria, of such a plan by the Administrator within six months of its submission by the State. Provides for modifications of a State plan, or plans developed by units of local government of a State, where the cost of such a plan would be greatly disproportionate to the benefit conferred on the State by such a system, or under other specified circumstances. Requires the Administrator to propose regulations establishing Federal standards of performance for new sources of waste generation. Requires the Administrator to issue, from time to time, information on processes or techniques which reduce or eliminate the generation or toxicity of wastes, or permit resource recovery in accordance with the provisions of this Act. Provides that, within 18 months of enactment of this Act and from time to time thereafter, the Administrator shall identify hazardous wastes and specified characteristics thereof, and shall promulgate regulations establishing requirements for generation of hazardous wastes and to enter into agreements with the States for the purpose of enactment of these regulations. Defines the rights of the Administrator or his authorized representative with respect to gathering information for the purpose of developing or assisting in the development of any State waste management and resource recovery plan under this Act. Provides for Federal enforcement of the provisions of this Act and states that the Administrator may issue orders requiring compliance with the provisions of this Act. States that any person who knowingly violates any requirement of an applicable waste management and resource recovery plan or State program for implementing hazardous waste treatment and disposal standards during any period of federally assumed enforcement under this Act or more than thirty days after having been notified by the Administrator that such person is violating such requirement, or violates or fails or refuses to comply with any order issued by the Administrator, or violates any requirement, of this Act, or engages in any act prohibited by this Act, shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. States that, in any instance in which there is a substantial factual basis for the Administrator to commence an administrative or judicial proceeding under this section and in which the Administrator does not commence such preceeding within one hundred and eighty days after the agency has obtained information which provides such a basis, he shall not later than thirty days thereafter publish notice of his decision not to commence a proceeding along with the reasons for such decision. States that citizens may commence civil actions under this Act, but specifies the circumstances under which such a suit may be brought. Provides for judicial review of any nationally applicable regulation promulgated under this Act. Stipulates that no Federal agency may enter into any contract with any person who is convicted of any offense under this Act for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. Provides for comprehensive economic cost studies to provide the basis for evaluating programs authorized by this Act and the development of new programs and to furnish Congress with the information necessary for authorization of appropriations by fiscal years beginning after June 30, 1974. Authorizes to be appropriated for fiscal years 1975 and 1976 specified sums to the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the several States to carry out the provisions of this Act. Authorizes the establishment within the Environmental Protection Agency an Office of Technical Assistance to provide to the States adequate technical assistance to meet specified requirements of this Act.
United States · United States Congress · 27 February 1974
Escrow System Improvement Act - Requires the establishment of an escrow services plan in connection with any federally related mortgage loan if, at the time the loan is made or at any time thereafter, either the borrower of the lender requests it, and after being established any such plan shall continue in effect until the borrower has fully discharged his obligation under the laon. Requires that the contract of sale, deed or trust, or other appropriate document executed in connection with any federally related mortgage loan shall include a covenant fully informing the borrower of his right: (1) to have an escrow service plan established upon his request in connection with such loan as provided under this Act; and (2) to terminate any such plan under and in accordance with this Act. Provides that, within sixty days after the effective date of this of this Act, the lender under any federally related mortgage loan made before the effective date of this Act shall, in accordance with regulations prescribed by the Secretary, provide to any borrower under such a loan a written notice: (1) of his right under this section to request the establishment of an escrow services plan; and (2) describing the advantages to the borrower of an escrow services plan. Provides that if the borrower under any federally related mortgage loan with respect to which there was established an escrow account requests the establishment of an escrow services plan under this Act, the escrow account shall be terminated upon the establishment of the escrow services plan and the balance in such account shall be treated as payments made under the escrow services plan. Requires that whenever the borrower in connection with a federally related mortgage loan has acquired an equity of at least 20 percent in the property covered by such loan: (1) the lender shall no longer have the right to require the establishment of an escrow services plan in connection with such loan; and (2) the borrower shall have the right to terminate any escrow services plan theretofore established in connection with such loan under this Act. Provides that payments of taxes and insurance premiums by the lender under any escrow services plan established in connection with a federally-related mortgage loan shall be made at such times and in such manner as will insure that the borrower receives the maximum benefit of any discounts and other financial consideration which may be allowed or provided for in the jurisdictionwhere the property which secures such loan is located.
United States · United States Congress · 27 February 1974
Prohibits the exportation of fertilizer from the United States until the Secretary of Agriculture determines that an adequate domestic supply of fertilizer exists.
United States · United States Congress · 27 February 1974
Directs the Secretary of State to keep the appropriate committees of Congress fully and currently imformed of the ongoing status of any negotiations with any foreign government, regarding the cancellation, renegotiation, rescheduling, or settlement of any debt owed to the United States Government by such foreign governments under any program.
United States · United States Congress · 27 February 1974
Expresses the sense of the House of Representatives that accurate and complete data on imports of oil and oil products into the United States, oil and oil products inventories in the United States or under the control of companies owned by United States citizens, and distribution of oil and oil products within and from out of the United States are essential to the national security of the United States, the safety of its citizens, and the proper conduct of its domestic and international commerce. Authorizes the House Committee on Interstate and Foreign Commerce to conduct a full and complete investigation and study of the importing, inventorying, and disposition of crude oil, residual fuel oil, and refined petroleum products.
United States · United States Congress · 25 February 1974
Empowers the Small Business Administration to make such loans (either directly or in cooperation with banks or other lending institutions) as the Administration may determine to be necessary to assist, or to refinance the existing indebtedness of, any small business concern seriously affected by a shortage of energy-producing materials or by any restriction imposed by law or regulation upon travel or the use of motor fuels.
United States · United States Congress · 21 February 1974
Provides, under title II of the Social Security Act (Old-Age, Survivors' and Disability Insurance), that increases in monthly insurance benefits (whether occurring by reason of increases in the cost of living or enacted by law) shall not be considered as annual income for purposes of the following benefit programs: dependency and indemnity compensation to parents of a deceased veteran, pension for non-service-connected disability or death or for service, and the Veterans' Pension Act of 1959.
United States · United States Congress · 21 February 1974
Establishes a select committee to be composed of seven Members of the House of Representatives. Authorizes the committee to conduct a full and complete investigation and study of shortages of materials and natural resources affecting the United States, including: (1) causes, extent, and effects; (2) the adequacy of current machinery and procedures of the Congress and the executive branch pertaining to the solution of such problems; and (3) comprehensive measures to assure Federal support and assistance for the securement of materials and natural resources at home and abroad based on relative need in order to achieve an adequate supply, considering present and projected needs of the Nation. Authorizes the committee to hold hearings during the present Congress at such times and places as deemed advisable, and to request the attendence and testimony of witnesses, and the production of such records, books, correspondence, memorandums, papers, and documents as it deems necessary.
United States · United States Congress · 20 February 1974
Declares that it is the purpose of Congress to: (1) establish a national transportation rate policy for all recovered materials; and (2) eliminate discriminatory transportation rates charged by regulated carriers for the movement in commerce of recovered waste and recycled or recyclable materials. Directs the Interstate Commerce Commission and the Federal Maritime Commission to effect such lawful changes in the rate structure of the country as will promote the freedom of movement by common carriers of recovered materials at the lowest possible lawful rates compatible with the maintenance of adequate transportation service. Directs the Administrator of the Environmental Protection Agency to take such steps as are necessary to insure that the directives of this Act are carried out as expeditiously as possible, including the initiation of, and intervention in, proceedings before the Interstate Commerce Commission and the Federal Maritime Commission. Directs the Interstate Commerce Commission and the Federal Maritime Commission to undertake studies to be completed within two years of the enactment of this Act of the feasibility of establishing a transportation rate policy for all recoverable materials. Specifies areas to be covered in such study and requires that it be submitted to Congress. Directs the Interstate Commerce Commission, the Federal Maritime Commission, and the Federal Railroad Administration to establish a transportation research and demonstration program coordinated by the Secretary of Transportation with the objective of facilitating the most efficient movement of recycled materials in commerce. Prohibits any railroad, common carrier by water, or motor carrier in interstate or foreign commerce from charging, demanding or collecting any rate for the transportation of recovered materials which is unreasonable or unjustly discriminatory. Describes procedures for complaints with respect to such alleged discrimination. Provides civil penalties for violation of this Act.
United States · United States Congress · 20 February 1974
National Resource and Energy Conservation Act - Title I: Formal Provisions - Declares it to be the purpose of the Congress to reduce the wasteful allocation of scarce resources by recovering materials and producing energy from waste through an intensive research and development program in the Environmental Protection Agency (with the assistance of the National Aeronautics and Space Administration) and a program of technical assistance and support to Government agencies and persons producing or using such energy. Title II: Product Standards and Regulation - States that it shall be unlawful for any person to introduce or deliver for introduction in commerce any product which does not conform to the standards or regulations prescribed by the Administrator under this title. Provides that any person, other than a person who commits a criminal violation, who is found by the Administrator after notice and an opportunity for an adjudicative hearing to have committed an act prohibited by this title, shall be liable to the United States for a civil penalty of a sum which is not more than $20,000 for each day of violation. Requires that, within one year after the date of enactment of this title, the Administrator shall promulgate and shall, from time to time, revise such standards regulating the manufacture and distribution of certain products in commerce as he determines necessary to protect health or the environment against unreasonable burdens and risks associated with the disposal of such products. Permits the Administrator or the Attorney General to file an action against any product which constitutes an imminent hazard as prescribed by this title or any product which the Administrator finds is manufactured or distributed in violation of this title for seizure of such product. Directs the Administrator to conduct a study of possible methods of regulating the design, use, reuse, and recycling of certain products to reduce the generation of solid waste, reduce the consumption of virgin materials resources, or to reduce burdens on the environment associated with the manufacture, utilization, or disposal of such products. Directs the Administrator to conduct research, investigations, experiments, surveys, studies and demonstrations of means of reducing waste generation and increasing the recovery of materials and the production of energy from solid, liquid, and semisolid wastes from residential, commercial, industrial, and agricultural sources. Title III: Unsafe Disposal Practices - Provides that, within eighteen months after the date of enactment of this title and from time to time thereafter, the Administrator shall issue regulations in accordance with this title and after consultation with representatives of other appropriate agencies: (1) identifying unsafe disposal practices; (2) identifying hazardous wastes; and (3) establishing standards for the control of unsafe disposal practices, including requirement of a permit for persons generating hazardous wastes and establishment of requirements for permit holders. Provides that, within eighteen months after promulgation of final regulations and in accordance with this title, each State shall establish a State implementation plan to regulate disposal practices and submit such plan to the Administrator for approval. Establishes a $25,000 fine for each day of noncompliance by a violator of this title. Provides that for the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this title, any person who stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy all records relating to such wastes. Requires that, within eighteen months following the enactment of this Act, the Administrator shall conduct, and upon completion, report to the Congress and the President the results of, a study of the feasibility of designing a national resource recovery plan to be implemented by the States individually or in cooperation with other States which will encourage the maximum recovery of resources from wastes and the subsequent recovery of energy from those wastes which are not otherwise recoverable. Permits the Administrator to make grants to appropriate State and interstate agencies and general purpose local governments, or combinations thereof, in an amount not to exceed 60 percent of the reasonable costs of such programs, to assist them in the administration, enforcement, planning, implementation, training, manpower development, technical assistance, public information, basic data collection, or analytical services relating to the collection, transport, processing, recovery, and disposal of hazardous waste. Requires the Administrator to conduct, encourage, cooperate with, and render financial, technical, and other assistance to appropriate authorities, agencies, an institutions, in the conduct of, research, development, investigations, experiments, surveys, and studies relating to: (1) any adverse effects on human health or the environment upon the release into the environment of material present in the land disposal solid, liquid, and semisolid waste, and methods to eliminate such effects; and (2) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid, liquid, and semisolid wastes. Title IV: Federal Procurement and Measurement - Requires that with respect to each purchase and contract for property, the aggregate amount of which exceeds $5,000, no procurement shall be made by any procuring agency in the case of procurement items purchased through advertisement for bids, of any procurement item which in comparison with other competing items offered for sale by suppliers is not composed of the greatest percentage of recovered materials and is not to the greatest extent recyclable or reusable following the use for which it was purchased, whenever a significant difference as to these characteristics exists between such items and competing items. Title V: Material Recovery and Energy Production - Directs the Administrator, alone or in conjunction with the Administrator of the National Aeronautics and Space Administration, to conduct research, development, investigations, experiments, surveys, studies, and demonstrations of means of increasing the recovery of materials and the production of energy in usable forms, or both, from solid, liquid, and semisolid waste, from residential, commercial, industrial, and agricultural sources; and to develop, within three years from the date of enactment of this title, not less than three major facilities to demonstrate, substantiate, and validate any determinations made pursuant to this title. Directs the Administrator to provide funds by grant or contract to initiate, continue, supplement, and maintain research and development programs or activities which, in his judgment, appear likely to lead to the development of a facility for the recovery of materials or production of energy from waste, or both. Authorizes the Administrator to guarantee and to make commitments to guarantee the payment of interest on and the principal balance of an obligation to initiate, continue, supplement, and maintain research and development of programs leading to a facility for recovery of material or production of energy from waste. Authorizes appropration to the Administrator not to exceed $50,000,000 to pay interest on, and the principal balance of, any obligation guaranteed by the Administrator as to which the obligor has defaulted. Requires each recipient of financial assistance or guarantees under this title, whether in the form of grants, subgrants, contracts, subcontracts, loans, loan or other obligation guarantees, or other arrangements, to keep such records as the Administrator shall prescribe, and that they shall be subject to audit by the Comptroller General. Title VI: Council on Environmental Representation - Environmental Representation Act - Establishes an independent agency to be known as the Council on Environmental Representation for the purpose of providing support for legal representation and assistance in proceedings, for matters relating to the quality of the environment as described in this title. States that the functions of the Council shall be to establish programs, including local offices if necessary, to provide direct legal and other assistance to eligible clients and to make grants to eligible clients for the purpose of securing adequate representation and assistance to such clients before Federal, State, and local legislative bodies, administrative agencies, and courts in matters dealing with the environment of such clients. Authorizes the Chairman of the Council to intervene as a party or otherwise participate for the purpose of representing the interests of eligible clients in any proceeding before any Federal agency in matters affecting the environment of eligible clients, regardless of whether an agreement has been reached between the Council and an eligible client with respect to representing such eligible client's interests. Directs the Chairman to establish a program for disseminating information to eligible clients with respect to the type of services which may be available under this title. Authorizes appropration for the purpose of carrying out the activities of the Council under this title, $25,000,000 for the fiscal year ending June 30, 1975, $50,000,000 for the fiscal year ending June 30, 1976, and $75,000,000 for the fiscal year ending June 30, 1977. Title VII: National Commission on Environmental Costs - Establishes the National Commission on Environmental Costs to conduct a comprehensive study, including field testing and controlled experimentation to the extent possible, of the feasibility, practicality, and value of the establishment of a system of national disposal cost charges on all products, other than consumables; and to examine all feasible methods of environmental disclosure including notices regarding the damage done by polluters, labeling of products to indicate their environmental costs, and other means of effectively informing the public of pollution sources and alternative nonpolluting modes of public and private action. Authorizes appropriation to the Commission of such sums as may be necessary not to exceed a total of $1,500,000. Title VIII: General Provisions - Allows any person to commence a civil action for injunctive relief on his own behalf, whenever such action constitutes a case or controversy: (1) against any person (including the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) alleged to be in violation of any regulation, order, or permit requirement promulgated pursuant to this Act; or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under any title of this Act which is not discretionary with the Administrator. Requires each manufacturer of a product to which title II of this Act is applicable to establish and maintain such records, make such reports, provide such information, and make such tests as the Administrator or the Secretary of the Treasury may, at his discretion, reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with such title II. Provides that in addition to specific authorizations for appropriations contained herein, there are authorized to be appropriated for purposes of carrying out this Act such additional sums as are necessary.
![Official portrait of Rep. Tiernan, Robert O. [D-RI-2]](https://www.congress.gov/img/member/t000265_200.jpg)