United States · United States Congress · 17 January 1975
Establishes a National Commission on Social Security. States that it shall be the duty and function of the Commission to conduct a continuing study, investigation, and review of: (1) the Federal old-age, survivors, and disability insurance program established by title II of the Social Security Act; and (2) the health insurance programs established by title XVIII of such Act. Provides that such study, investigation, and review of such programs shall include, but not be limited to: (1) the fiscal status of the trust funds established for the financing of such programs and the adequacy of such trust funds to meet the immediate and long-range financing needs of such programs; (2) the scope of coverage, the adequacy of benefits, and the conditions of qualification for benefits provided by such programs; (3) the impact of such programs on, and their relation to, public assistance programs, nongovernmental pension and insurance programs, other governmental retirement and annuity programs, medical service delivery systems, and national employment practices; (4) the quality of the administration of such programs; and (5) any inequities which affect substantial numbers of individuals who are insured under such programs. Directs the Commission to submit an annual report of its study, investigation, and review of programs, together with its recommendations with respect to such programs, to the President and the Congress. Authorizes appropriations of such sums as are necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1975
Provides that a married individual who files a separate return shall be taxed on his or her earned income at the same rate as an unmarried individual under the Internal Revenue Code.
United States · United States Congress · 15 January 1975
Grants a Federal charter to the Pearl Harbor Survivors Association, Incorporated, a non-profit corporation with its principal offices in Indianapolis. States that such Corporation's purpose shall be to preserve and encourage the study of historical evidence relating to December 7, 1941, and to stimulate interest in the affairs and future of America.
United States · United States Congress · 15 January 1975
Provides for the addition by the Secretary of the Interior of the names of the States of Alaska and Hawaii to the list of the forty-eight States inscribed upon the walls of the Lincoln National Memorial.
United States · United States Congress · 15 January 1975
States that in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, and the introduction of genetically undesirable germ plasma of honeybees, the importation into the United States of all honeybees is prohibited, except that honeybees may be inported into the United States by the United States Department of Agriculture for experimental or scientific purposes, or from countries determined by the Secretary of Agriculture. Authorizes the Secretary of Agriculture to cooperate with the Governments of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Columbia, or the local authorities thereof, in carrying out necessary research, surveys, and control operations in those countries in connection with the eradication, suppression, control, and prevention or retardation of the spread of undesirable species and subspecies of honeybees. Authorizes appropriations of such sums as are necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1975
Provides for the coverage of clinical psychologists' services under the supplementary medical insurance benefits program established by title XVIII (Medicare) Act.
United States · United States Congress · 15 January 1975
Provides, under the Internal Revenue Code, an exclusion from income taxation for income of condominium housing associations, homeowner associations, and cooperative housing corporations operated for the management, maintenance, landscaping, and repair of common areas and dwellings.
United States · United States Congress · 15 January 1975
Provides, under the Internal Revenue Code, that real property which is farmland, woodland, or open land and forms part of an estate may be valued, for estate tax purposes, at its value as farmland, woodland, or open land (rather than at its fair market value). Provides that real property which is listed on the National Register of Historic Places may be valued, for estate tax purposes, at its value for its existing use. Provides for the revocation of such lower valuation and recapture of unpaid tax with interest upon the conversion, sale, or rezoning of such property for another use.
United States · United States Congress · 14 January 1975
Criminal Justice Reform Act - Title I: Codification, Revision, and Reform of Title 18 Part I: General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act. Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction. Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind. Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as a coconspirator, as an agent for an organization, and as an organization for an agent. Chapter 5: Bars and Defenses - Bars prosecutions, with specified exceptions, when time limitations have run and when the subject is less than 16 years of age. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication. States, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendent, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. States further that mental disease or defect does not otherwise constitute a defense. Defines additional defenses, including duress, exercise of public authority, protection of persons, protection of property, unlawful entrapment, and official misstatement of law. Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them. Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, he intentionally engages in conduct that, in fact, amounts to more than mere preparation for, and indicates his intent to complete, the commission of the crime. Makes a person guilty of criminal solicitation if, with intent that another person engage in conduct constituting a crime, he commands, entreats, induces, or otherwise endeavors to persuade such other person to engage in such conduct. Makes a persons guilty of criminal conspiracy if he agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and he or one of such persons in fact engages in any conduct with intent to effect any objective of the agreement. Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, instigating overthrow or destruction of the government, and engaging in para-military activity. States, regarding the offense of instigating overthrow or destruction of the government, that a person is guilty of such offense if, with intent to bring about the forcible overthrow or destruction of the government of the United States or of any State as speedily as circumstances permit, he: (1) incites other persons to engage in conduct that then or at some future time would facilitate the forcible overthrow or destruction of such government; or (2) organizes, leads, recruits members for, or participates as an active member in an organization or group that has as a purpose the incitement described in paragraph (1). Defines sabotage and related offenses, including impairing military effectiveness; violating an emergency regulation; impairing military effectiveness by a false statement; evading military or alternative civilian service; obstructing military recruitment or induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing national defense information, mishandling national defense information, disclosing classified information, unlawfully obtaining classified information, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses. Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign power, entering or recruiting for a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transaction. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, fraudulently acquiring or improperly using evidence of citizenship, and fraudulently acquiring or improperly using a passport. Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government functions, including obstructing a government function by fraud, by physical interference, and by impersonating an official. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, retaliating against a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding. Makes a person guilty of the offense of tampering with a witness or an informant if he uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning him to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) absent himself from an official proceeding to which he has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense. Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order. Makes a person guilty of criminal contempt if he: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction. Defines perjury, false swearing, making a false statement, and tampering with a government record. Defines offenses involving official corruption and intimidation, including bribery, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant. Makes a person guilty of the offense of trading in special influence if he: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to his taking an official action or his performing a legal duty as a public servant. Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. States, regarding the offense of tax evasion, that a person is guilty of an offense if, with intent to evade liability for a tax or the payment of a tax, he: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; (5) otherwise acts in any manner to evade liability for, or payment of, the tax. Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property. Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; or (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because of his having exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States. Makes a person guilty of an offense if, by force or threat of force, he intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings. Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a federal public servant or in a Federal building; or making a political contribution as a foreign national. States, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, he: (1) engages in conduct constituting a crime under any section of this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution. Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. States, regarding the offense of eavesdropping, that a person is guilty of an offense if he intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1). Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if: (1) he engages in conduct that knowingly causes the death of another person; (2) he engages in conduct that causes the death of another person under circumstances in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that he commits either alone or with one or more other participants, he or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense. Makes a person guilty of the offense of manslaughter if: (1) he engages in conduct that causes the death of another person; or (2) he engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder. Makes a person guilty of negligent homicide if he engages in conduct that negligently causes the death of another person. Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. States, regarding the offense of rape, that a person is guilty of an offense if he engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old. Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses; (2) burglary and other criminal intrusion offenses; (3) robbery, extortion, and blackmail; (4) theft and related offenses; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. States that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate. States, regarding the offense of disseminating obscene material, that a person is guilty of an offense if he: (1) disseminates obscene material: (A) to a minor; or (B) to any person in a manner affording no immediately effective opportunity to avoid exposure to such material; or (2) commercially disseminates obscene material to any person. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, he: (1) engages in violent, tumultuous, or threatening conduct; (2) makes or causes unreasonable noise; (3) uses abusive or obscene language, or engages in obscene conduct, in a public place; (4) obstructs vehicular or pedestrian traffic, or the use of a public facility; (5) persistently follows a person in or about a public place or places; (6) solicits a sexual act, as defined in this Act, in a public place; or (7) engages for no legitimate purpose in any other conduct that creates a hazardous or physically offensive condition. Part III: Sentences - Chapter 20: General Provisions - Provides that an individual found guilty of an offense shall be sentenced to probation, a fine, a term of imprisonment, or death, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists. Permits the courts to require those convicted of offenses involving fraud or other deceptive practices to notify the class of persons affected by the conviction. Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines. Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses and factors to be considered in imposing terms. Provides that multiple sentences shall run concurrently unless the court specifies consecutive running, based upon a list of considerations. Chapter 24: Death Sentence - Allows, under qualified circumstances, imposition of the death penalty for the offenses of treason, sabotage, espionage, and for murder committed during an offense of treason, sabotage, espionage, kidnapping, or aircraft hijacking. Lists conditions where the death penalty, otherwise applicable, shall be precluded. Requires the courts to conduct separate hearings to determine the existence of factors requiring imposition of the death sentence. Requires disclosure to the defendant at such hearings, all information contained in presentence reports. Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the National Park Service to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information. Chapter 31: Ancillary Investigative Authority - Allows the interception of a private oral communication when authorized or approved by order of a court of competent jurisdiction, pursuant to this title if: (1) the filing of an application for such an order is authorized by: (A) the Attorney General; or (B) an Assistant Attorney General specifically designated by the Attorney General; (2) the application is filed, pursuant to this title, by a law enforcement officer of a government agency having responsibility for the investigation of the offense concerning which the application is made; and (3) the interception may provide or has provided evidence of the commission of an offense described in specified sections of this title. Requires an application for an order, or an extension of an order, authorizing or approving the interception of a private oral communication to be made in writing under oath or equivalent affirmation to a court of competent jurisdiction and to include, among other items, the following information: (1) the identity of the law enforcement officer making the application and of the officer authorizing the application; (2) the authority of the applicant to make the application; and (3) a complete statement of the facts relied upon by the applicant to justify his belief that an order should be issued. Permits, upon an application made pursuant to this title, the court to issue an ex parte order, as requested in the application or as found warranted by the court, authorizing or approving interception of a private oral communication within the geographic jurisdiction of such court if the court determines on the basis of the facts submitted by the applicant that specified conditions exist. Prescribes what such an order shall contain. Provides that such an order may authorize or approve the interception of a private oral communication for the period necessary to achieve the purposes of the authorization, or for thirty days, whichever is less, subject to extensions under specified conditions. Allows such interception without such an order in emergency situations, subject to qualified conditions, where application for an order is made within a stated period thereafter. Provides for protection of tapes of such interceptions from editing or alteration. Requires that intercepted parties be notified within a stated period. Sets forth permissible uses of such intercepted communications, including their use at trial. Bans use as evidence of unlawful interceptions. Requires an annual report by the Attorney General or State or local prosecuting officers of interception activities within their jurisdictions. Details the inclusions to be made in such reports. Disavows any limitation on the President in national security matters. Provides that if a person refuses, on the basis of his privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court of grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person may not refuse to comply with the order on the basis of his privilege against self-incrimination. Excludes the testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, from use against the person in a criminal case, with limited exceptions. Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature. Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense. Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form. Requires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime. States that extradition may be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title. Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable. Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government. Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States. Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge. Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense. Allows an offense begun in one judicial district and completed in another, or committed in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed. Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Provides for establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and for establishment of Community Defender Organizations, to consist of nonprofit defense counsels. Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Provides that persons charged with non-capital offenses shall be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond. Allows appeal from a denial of release. Chapter 36: Disposition of Juvenile or Incompetent Offenders - Requires that juveniles arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Provides that a juvenile may be proceeded against only by information, and that no criminal prosecution may be instituted for the offense charged. States that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place him on probation or commit him to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near his home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure. Provides that subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion may be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature of the proceedings against him or to assist properly in his defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, hospitalization, and for standards of release from hospitalization, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense. Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress. Makes voluntary confessions admissible in criminal cases in district and magistrate courts. Details factors in determining voluntariness. Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences, including the death sentence. Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Describes their duties. Provides that persons found guilty of drug offenses, with no prior drug convictions, may be placed on probation for one year without the entering of a judgment of conviction. Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined. Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishing of family ties and specified employment situations, under which a prisoner can obtain temporary releases. Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Provides for a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows initiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title. Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering. Chapter 41: Ancillary Private Civil Remedies - Provides that a person injured in his business or property by reason of a racketeering offense shall have a civil cause of action in district court to recover three times the damages sustained and litigation costs. Provides for civil remedies for persons whose oral communication are illegally intercepted. Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation. Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - States that these rules shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants. Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. States the conditions under which a preliminary examination shall be held for the finding of probable cause. III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. States that disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court. Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court. Prescribes the use of indictments and information, including their contents and forms. Describes the conditions under which joinder of offenses and defendants will be permitted. IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment or information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted. Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement. States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure. Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas. V. Venue - States that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial. VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties. Prescribes procedures for jury examination and challenges. Allocates the burdens of proof or offenses, defenses, affirmative defenses, and of jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place. Makes rules for closing arguments, instructions, and verdicts. VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Provides that a judgment of conviction shall set forth the pleas, the verdict or findings, and the adjudication and sentence. Provides for a presentence report, its contents, and disclosure to the defendant. Sets forth conditions allowing a new trial. VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken. IX. Supplementary and Special Proceedings - Sets forth conditions and procedure for removal to another district. States, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted), and for a return. Prescribes rules for disposition of criminal contempt. X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title. Rules of Procedure for the Trial of Minor Offenses Before United States Magistrates - States that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Provides that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure. Sets forth such rules covering scope, minor offenses other than petty offenses, petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court. Title II: Technical and Conforming Amendment - Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Congress - title 2; President - title 3; Flag and Seal - title 4; Government Organization and Employees - title 5; Agriculture - title 7; Aliens and Nationality - title 8; Armed Forces - title 10; Bankruptcy - title 11; Banks and Banking - title 12; Census - title 13; Coast Guard - title 14; Commerce and Trade - title 15; Conservation - title 16; Copyrights - title 17; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Hospitals, Asylums, and Cemeteries - title 24; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Labor - title 29; Mineral Lands and Leasing - title 30; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patents - title 35; Patriotic Societies and Observances - title 36; Veteran's 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; Railroads - title 45; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Territories and Insular Possessions - title 48; Transportation - title 49; War and National Defense - title 50. Title III: General Provisions - Authorizes necessary sums to carry out this Act. Provides that this Act shall take effect on the first day of the first calendar month beginning 12 months after its enactment.
United States · United States Congress · 13 December 1974
International Disaster Relief Act - Expresses the policy of Congress that prompt United States assistance to alleviate human suffering caused by natural and man-made disasters abroad is an important expression of the humanitarian concern and tradition of the American people, and affirms the willingness of the United States to provide assistance for the humanitarian relief, rehabilitation, and reconstruction of peoples and countries affected by such disasters. Authorizes the President to furnish assistance for disaster relief, rehabilitation, and reconstruction in the case of disasters that require large-scale relief and rehabilitation efforts which cannot be met adequately with the funds available for obligation for disaster relief under the Foreign Assistance Act of 1961. States that assistance made available under this Act shall be distributed to the maximum extent practicable under the auspices and direction of the United Nations and its specialized agencies, other international organizations or arrangements, multilateral institutions, or private voluntary agencies. Authorizes appropriations to the President, in addition to funds which may otherwise be available for such purposes, for fiscal year 1975 not to exceed $100,000,000 to assist in meeting the international relief, rehabilitation, and reconstruction needs caused by the massive flooding and food shortages in the People's Republic of Bangladesh, the civil and international strife in the Republic of Cyprus, the drought and famine conditions in the nations of Africa, the hurricane damage in Honduras, and for such other international disasters that require large-scale humanitarian assistance.
United States · United States Congress · 11 October 1974
Extends until December 1, 1975, the time for submission of two studies (on: (1) the interrelationship of benefit programs for the elderly; and (2) the impact of taxes on the elderly), with recommendations, to the Congress by the Federal Council on Aging, as required under the Older Americans Act. (Amends P. L. 93-29).
United States · United States Congress · 3 October 1974
Authorizes the Export-Import Bank to provide guarantees, insurance, and extensions of credit to United States Air carriers whose principal competitors are foreign air carriers which have received the benefit of Bank guarantees, insurance, or credit.
United States · United States Congress · 3 October 1974
Authorizes the imposition of compensating charges on air carriers of a foreign country upon a determination that charges for the use of airport property in such foreign country unreasonably exceed the amount charged to foreign carriers for comparable services in the United States, and only after the failure of negotiations with such foreign country to reduce such charges. States that the amounts collected pursuant to this Act shall be used to compensate air carriers for excessive or discriminatory charges paid by them to the foreign countries involved.
United States · United States Congress · 3 October 1974
Investigation of Unfair Competitive Practices in International Air Transportation Act - Directs the Department of State, the Department of the Treasury, the Department of Transportation, the Civil Aeronautics Board, and the other departments or agencies, to keep under review all forms of discrimination or unfair competitive practices to which United States air carriers are subject in providing foreign air transportation services and to take all appropriate actions within their respective jurisdictions to eliminate such forms of discrimination or unfair competitive practices. Stipulates that each of these departments and agencies shall request from Congress such additional legislation as may be deemed necessary at any time it is determined there is inadequate legal authority for dealing with any form of discrimination or unfair competitive practice found to exist.
United States · United States Congress · 3 October 1974
Provides, under the provisions of the Federal Aviation Act of 1958, that in any case where air transportation is performed between the United States and any foreign country, both by aircraft owned or operated by one or more air carriers holding a certificate under such Act and by aircraft owned or operated by one or more foreign air carriers: (1) the Postmaster General shall not pay to or for the account of any such foreign air carrier a rate of compensation for transporting mail by aircraft between the United States and such foreign country, which, in his opinion, will result in such foreign air carrier receiving a higher rate of compensation for transporting such mail than such foreign country pays to air carriers for transporting its mail by aircraft between such foreign country and an intermediate country on the route of such air carrier between such foreign country and the United States; and (2) the Board shall not fix and determine for any air carrier a rate of compensation for transporting mail by aircraft between the United States and such foreign country which is lower than the rate of compensation payable by the Postmaster General to or for the account of any such foreign air carrier when such carrier transports such mail between the United States and such foreign country.
United States · United States Congress · 3 October 1974
Fly United States-Flag Air Carrier Act - Provides that whenever any executive department or other agency or instrumentality of the United States shall procure, contract for, or otherwise obtain for its own account or in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise established for the account of the United States, or shall furnish to or for the account of any foreign nation, or any international agency, or other organization, of whatever nationality, without provisions for reimbursement, any transportation of persons (and their personal effects) or property by air between a place in the United States and a place outside thereof or between two places both of which are outside the United States, the appropriate agency or agencies shall take such steps as may be necessary to assure that such transportation is provided by air carriers holding certificates under the Federal Aviation Act to the extent authorized by such certificates or by regulations or exemptions of the Civil Aeronautics Board and to the extent service by such carriers is available. Directs the Comptroller General of the United States to disallow any expenditure from appropriated funds for payment for such personnel or cargo transportation on an air carrier not holding a certificate under such Act in the absence of satisfactory proof of the necessity thereof.
United States · United States Congress · 19 September 1974
Excludes from gross income, under the Internal Revenue Code, the interest or dividends on an amount of savings not in excess of $20,000 in a bank, savings institution, or credit union.
United States · United States Congress · 23 July 1974
States that a court of appeals of the United States may appoint necessary legal assistants to positions authorized by the Judicial Conference of the United States. Provides that such legal assistants shall perform duties involving the preliminary processing of matters filed in the court. States that the approval of the Judicial Conference of the United States shall be required prior to the establishment of each such position. (Adds 28 U.S.C. 714)
United States · United States Congress · 23 July 1974
Refers S. 3799, entitled "A bill for the relief of Mrs. Agnes J. Wong and Dr. Samuel J. Wong, Jr.," to the Chief Commissioner of the United States Court of Claims for a report thereon.
United States · United States Congress · 24 June 1974
Authorizes the Senate Committee on Commerce to make a full and complete investigation and study for the purpose of determining a policy and role for the Federal Government on tourism in the United States which will most effectively enable the industry to realize fully its potential to contribute to the social well-being, the cultural understanding, and the economic prosperity of the United States. Provides that the chairman and ranking minority member of each of the Senate Committees on Appropriations, Agriculture and Forestry, Interior and Insular Affairs, Public Works, Foreign Relations, Government Operations, Labor and Public Welfare, Banking, Housing and Urban Affairs, and Judiciary, and the Select Committee on Small Business, or a member of such committees designated by each such chairman or ranking minority member to serve in his place, shall serve as ex officio members of the Committee on Commerce for purposes of this study. Directs the Committee on Commerce to report its findings, together with its recommendations for such legislation as it deems advisable, to the Senate.
United States · United States Congress · 18 June 1974
Provides, under the Internal Revenue Code, an exclusion from income taxation for income of condominium housing associations, homeowner associations, and cooperative housing corporations operated for the management, maintenance, landscaping, and repair of common areas and dwellings.
United States · United States Congress · 13 June 1974
Authorizes the President to appoint administrative and staff personnel in the White House and the Executive Residence without regard to provisions of law governing appointments in the competitive service. Authorizes the President to fix the pay of such personnel without regard to provisions of law relating to classification and General Schedule pay rates. States that the President may appoint and fix the pay of: (1) fifteen of such personnel at level II of the Executive Schedule rates; (2) twenty-five of such personnel at level III of the Executive Schedule rates; and (3) such other personnel as he considers necessary at respective rates not more than the maximum rate of basic pay then currently paid under the General Schedule. Authorizes to be appropriated each fiscal year to the President: (1) such sums as necessary to pay official reception, entertainment, and representation expenses, to be expended at the discretion of the President and accounted for solely on his certificate; and (2) such sums as necessary for allocation within the Executive Office for official reception and representation expenses. Authorizes to be appropriated each fiscal year such sums as are necessary to enable the Vice-President to provide assistance to the President in connection with the discharge of Executive duties. Authorizes to be appropriated such sums as may be necessary to enable the President, in his discretion, to deal with emergencies involving the national interest, security, or defense. Increases the annual travel allowance of the President from $40,000 to $100,000.
United States · United States Congress · 12 June 1974
Declares that Dr. Kissinger be commended on his outstanding contributions to the cause of world peace and that deep gratitude to Dr. Kissinger for his services is hereby expressed by the Senate. Declares that the United States Senate holds in high regard Dr. Kissinger, and regards him as an outstanding member of this Administration, as a patriotic Amercian in whom it has complete confidence, and whose integrity, and veracity are above reproach, and that the U.S. Senate wishes for him success in his continuing efforts to achieve a permanent peace in the world.
United States · United States Congress · 11 June 1974
National Oil Recycling Act - Directs all Federal officials to act within their authority to encourage the use of recycled oil. States that this Act shall in no way preempt State regulation of recycled oil or used oil disposal whenever such regulation provides for stricter control of recycled oil or used oil than provided for by Federal law. States that the States should encourage the use of recycled oil in order to accomplish the purposes of this Act. Requires that in order to qualify for Federal grants under this Act, a State shall adopt laws, regulations, and administrative machinery which shall provide for, but not be limited to: (1) requiring that used oil collectors obtain a State permit prior to engaging in used oil collecting activities; (2) requiring that used oil recyclers obtain a State permit prior to engaging in recycling operations; (3) when recycled oil is available at prices competitive with new oil produced for the same purpose, using recycled oil for all automotive and industrial uses of the State government, and requiring all parties contracting with the State to use recycled oil in the performance of such contracts; (4) regulating the retail sales of automobile oil so as to encourage the recycling of used oil; (5) prohibiting the use of used oil as fuel oil or for the oiling of State roads, unless such oil has been processed to meet the minimum standards for such uses established by Federal and State pollution control laws; and (6) educating the public and private sectors of the State as to the merits of recycled oil, and the need for its use in order to reduce the drain on the Nation's oil reserves and minimize the disposal of used oil in ways harmful to the environment. Directs the Administrator of the Environmental Protection Agency to promulgate regulations with respect to the labeling of recycled oil in order to carry out the purpose of this Act. Directs the Administrator to promulgate regulations requiring all containers of automotive and industrial oil, both new and recycled, to bear labels relating to the proper disposal of such oils after use. Makes it unlawful for any person to enter into any contract or agreement where the intent of such contract or agreement is to discourage the recycling of used oil. Provides for a fine of $50,000 for a violation of such prohibition, or imprisonment for a term of one year or less, or both. Requires records to be kept by parties covered by the provisions of this Act. Requires the Administrator of the Environmental Protection Agency to make annual reports to the Congress. Sets forth the contents of such reports. Provides that whenever the Administrator of the Environmental Protection Agency determines that: (1) in implementing the provisions of this Act, a United States patent right not otherwise available is necessary to enable any person to comply with this Act; (2) there are no reasonable alternative methods to accomplish this Act's purposes; and (3) the inavailability of such patent right may result in a substantial lessening of competition or a tendency to create a monopoly in any line of the Nation's commerce; the Administrator, through the Attorney General, may so certify to a district court of the United States, which may order the person owning the patent to license it on such reasonable terms as the court, after hearing, may determine. Provides that any person violating any provision of this Act which does not provide for specific penalties or punishment thereunder shall upon conviction thereof be guilty of a misdemeanor which shall be punishable by a term of six months in prison for each violation, or a fine of not to exceed $25,000, or both. Authorizes to be appropriated for fiscal year 1974, and for each succeeding fiscal year, $25,000,000 for grants to the States to assist them in fulfilling the purposes and provisions of this Act. Directs the Administrator of the Environmental Protection Agency to make allotments to the States, not to exceed 10 cents per capita for any State based on the latest national census, when he has determined that they are in compliance with this Act. Authorizes to be appropriated for fiscal year 1974, and for each succeeding fiscal year through fiscal year 1977, $10,000,000 for the development of new processes and technology to be used in the economical and ecological recycling of used oil. Authorizes to be appropriated for fiscal year 1974, and for each succeeding fiscal year, through fiscal year 1977, $5,000,000 for the development of standards and testing methods to facilitate the comparison of recycled oil with new oil. Imposes a tax of 6 cents per gallon on specified oils other than recycled oils sold in the United States by the manufacturer or producer.
United States · United States Congress · 30 May 1974
Increases the rates of pay for levels III, IV, and V of the Executive Schedule. Specifies that other positions be paid at rates equal to the rates for such levels, including district court judges and Customs Court judges.
United States · United States Congress · 30 April 1974
Prevents the importation of honeybees into the United States except: (1) by the United States Department of Agriculture for experimental or scientific purposes; (2) from countries determined by the Secretary of Agriculture to be free of diseases or parasites harmful to honeybees, and undesirable species or subspecies of honeybees; and (3) to have in operation precautions adequate to prevent the importation of honeybees from other countries where harmful diseases or parasites, or undesirable species or subspecies, of honeybees exist. Provides a fine of not more than $1,000, imprisonment for not more than one year, or both for violations of this Act or any regulation issued pursuant to it. Authorizes the Secretary of Agriculture to cooperate with the governments of specified nations in carrying out necessary research, surveys, and control operations in those countries in connection with the suppression, control, and prevention of the spread of undesirable species and subspecies of honeybees, including but not limited to the African or Brazilian honeybee. Authorizes to be appropriated the sums necessary to carry out the provisions of this Act.
United States · United States Congress · 3 April 1974
Designates the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations. Authorizes the Administrator of General Services to provide for the care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds. Authorizes to be appropriated such sums as may be necessary from time to time to carry out the foregoing purposes. Expresses the sense of Congress that living accommodations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations. Repeals the Federal law authorizing the planning, design, construction, furnihsing, and maintenance of an official residence for the Vice President of the United States.
United States · United States Congress · 26 March 1974
Solar Energy Research Act - Declares that it is the policy of the Federal Government to pursue a vigorous and viable program of research and development into the utilization of solar energy as a major source for our national energy needs. Provides that, within sixty days from the date of enactment of legislation creating any permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States Government, the Office of Solar Energy Research shall be established within that agency. Provides that if, within sixty days from the date of enactment of this Act, no agency with jurisdiction over Federal energy research and development has been established, the Office of Solar Energy Research authorized under this Act shall be established, on an interim basis, within the Atomic Energy Commission, until sixty days from the date of enactment of legislation authorizing the new Federal office of energy research and development. Authorizes the Chairman or Administrator to conduct appropriate research and technical development work: (1) to determine, by laboratory and pilot testing, the usable results of scientific research, (2) to develop and fabricate solar energy transformation processes, equipment designs, and components to the point where they can be demonstrated, certified, produced, and operated on a commercially practical scale; (3) to recommend to the Congress, as deemed appropriate, authorizations for the construction and operation or for participation in the construction and operation, of solar energy conversion facilities, and (4) to undertake, through research grants and contracts, studies of possible economic, social, and environmental effects which will result from the use of solar energy. Establishes a Solar Energy Research Council to be chaired by the Chairman or Administrator to coordinate policy and programs in solar energy research. Specifies the composition of the Council. Directs the development of a program to expedite the increased utilization of solar energy technology by the public and private sectors. Establishes a solar energy incentives task force to carry out the following functions: (1) report to the President and the Congress within one hundred and twenty days following enactment, and at least annually thereafter, recommendations for a viable program, of specified, time limited, incentives or modifications to existing and/or proposed incentives programs to accelerate the commercial application of solar energy technology; and (2) carry out a program of research and investigation into the barriers to innovation in the field of solar energy, the barriers to the acceleration of the commercial application of solar energy technology, and the programs needed to remove such barriers. Authorizes the compilation on a semi-annual basis of a listing of all solar energy conversion components, facilities, and equipment, commercially available in the Nation for private or public use. States that utilization of solar energy shall include such applications of solar energy as, but not limited to, the solar heating and cooling of buildings, solar crop drying and other agricultural applications of solar energy, solar thermal and photovoltaic power generation for terrestrial applications, whether situated on the ground or in space, wind energy conversion, ocean thermal gradient conversion, solar stimulated bioconversion, and solar production of synthetic gases and hydrogen. Authorizes to be appropriated to carry out the provisions of this Act the following amounts: (1) for fiscal year 1975, $56,000,000; (2) for fiscal year 1976, $94,000,000; (3) for fiscal year 1977, $150,000,000; (4) for fiscal year 1978, $150,000,000; and (5) for fiscal year 1979, $150,000,000.
United States · United States Congress · 4 March 1974
Requires, under the Emergency Petroleum Allocation Act of 1973, that the President provide for the mandatory allocation of plastic feedstocks produced in or imported into the United States. States that such allocation shall provide for: (1) preservation of a sound and competitive plastics industry; and (2) equitable distribution of plastic feedstocks at equitable prices. Defines the terms used in this Act.
United States · United States Congress · 28 February 1974
Makes the Special Committee on Aging, a permanent, special committee of the Senate consisting of twenty-two members appointed by the President of the Senate, thirteen of whom shall be appointed from the majority party and nine of whom shall be appointed from the minority party. Requires the committee to make a continuing study and investigation of any and all matters pertaining to problems and opportunities of older people, including but not limited to, problems and opportunities of maintaining health, of assuring adequate income, of finding employment, of engaging in productive and rewarding activity, of securing proper housing, and, when necessary, or obtaining care or assistance. Provides that no proposed legislation shall be referred to the committee, and the committee shall not have power to report by bill, or otherwise have legislative jurisdiction. Provides that the minority shall receive fair consideration in the appointment of staff personnel pursuant to this resolution.
United States · United States Congress · 25 February 1974
Declares the policy of Congress with regard to Federal pay fixing, including that for employees under statutory pay systems: (1) there be equal pay for substantially equal work; (2) pay distinctions be maintained in keeping with work and performance distinctions; and (3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work. Directs the President to require the Federal Pay Commission, established under this Act, to prepare and submit to him annually a report. Specifies the content of such report. Provides that if, because of national emergency or economic conditions, the President should consider it inappropriate to make the pay adjustment required by this Act, he shall transmit to Congress such alternative plan with respect to a pay adjustment as he considers appropriate, together with the reasons therefor. Establishes the Federal Pay Commission to be composed of eleven members. Describes their terms of office. States that the Bureau of Labor Statistics shall commence its annual survey on the rates of pay levels of work in private enterprise which are the same as levels of work under the statutory pay systems not earlier than March 15 of each year and submit the results of its survey to the Commission not later than June 30 of the same year.
United States · United States Congress · 5 February 1974
Requires the Administrator of the Federal Energy Office to insure that trucks involved in the transportation of perishable produce receive 100 percent of their current fuel requirements.
United States · United States Congress · 5 February 1974
Criminal Justice Information Systems Act - Defines "criminal justice information system" as a system utilized for the collection, processing, preservation or dissemination of criminal record information, criminal intelligence information and criminal offender processing information. States that this Act applies to any criminal justice information system which is (1) operated by the Federal Government; (2) operated by a State or local government and funded in whole or in part by the Federal Government; (3) an interstate system, or (4) operated by a State or local government and engaged in the exchange of criminal justice information with a system otherwise covered by this Act. Provides that direct access to information contained in a criminal justice information system subject to this Act shall be available only to authorized officers or employees of a criminal justice agency. Provides that criminal intelligence information may be used only for a criminal justice purpose, and only where need for the use has been established in accord with regulations issued by the Attorney General, except that it may be used for a purpose not related to criminal justice if the Attorney General determines that such use is necessary because of reason of national defense or foreign policy. Specifies the permitted uses for criminal offender processing and record information. Provides that any individual who complies with applicable regulations shall be entitled to review criminal offender record information regarding himself contained in any criminal justice information system subject to this Act, and to obtain a copy of the information for the purpose of challenge or correction. Sets forth procedures for correction of information obtained from any criminal justice information system subject to this Act by an individual with respect to his own record. Provides that any criminal justice agency which contributes criminal offender record information to a criminal justice information system subject to this Act shall assure that the information it contributes is accurate and complete and that it is regularly and accurately revised to include dispositional and other subsequent information. Provides that no information relating to an arrest may be disseminated without the inclusion of the final disposition of the charges if a disposition has been reported. Provides that criminal offender record information concerning the arrest of an individual may not be disseminated or used for a non-criminal justice purpose if: (1) the individual is acquitted of the charge for which he was arrested, (2) the charge is dismissed, (3) a determination to abandon prosecution of the charge is made by the prosecuting attorney, or (4) an interval of one year has elapsed from the date of the arrest and no final disposition of the charge has resulted and no active prosecution of the charge is pending. Lists exceptions to the foregoing provision. Provides that criminal offender record information shall be sealed in accord with the requirements of a court order, a Federal or State statute, or regulations issued by the Attorney General, when appropriate notification is provided by the agency directly responsible for compliance with the order, statute, or regulation. Enumerates the conditions under which criminal offender record information shall be sealed. Sets forth exceptions to the foregoing provision. Provides that all criminal justice information systems subject to this Act shall meet security standards promulgated by the Attorney General to guard against unauthorized access to data contained in the systems. Sets forth the minimum standards to be implemented. Provides that all criminal justice information systems subject to this Act shall include operating procedures which are consistent with the regulations established and promulgated by the Attorney General. Sets forth operating procedures which must be included in all criminal justice information systems as a minimum. Provides that each agency which operates an automated criminal justice information system subject to this Act shall publish notice at least once a year of: (1) its existence, (2) the nature of the system, (3) policies regarding storage, duration of retention and dissemination, (4) procedures whereby an individual can review criminal offender record information regarding himself; (5) the title, name and business address of the person immediately responsible for the system. Sets forth administrative sanctions and civil and criminal penalties for acts contrary to, or in violation of, the provisions of this Act. Directs the Attorney General to issue regulations implementing this Act. Authorizes the appropriation of such funds as may be necessary for the Attorney General to implement this Act.
United States · United States Congress · 5 February 1974
Criminal Justice Information Control and Protection of Privacy Act - Title I: Findings and Declaration of Policy; Definitions - Declares that in order to insure the security of criminal justice information systems, and to protect the privacy of individuals named in such systems, it is necessary and proper for the Congress to regulate the exchange of such information. Sets forth the definitions of terms used in this Act. Title II: Collection and Dissemination of Criminal Justice Information and Criminal Justice Intelligence Information - Provides that criminal justice information can only be used for criminal justice purposes unless a State or Federal statute specifically authorizes dissemination of conviction records to non-criminal justice agencies. Permits researchers access to the information only if the privacy of the subjects of the information is protected. Provides that only conviction records may be exchanged among criminal justice agencies, with enumerated exceptions: (1) reactions and release information can be disseminated outside of the agency which collected it only where expressly authorized by State or Federal statute; (2) fingerprint information may be freely disseminated as long as no stigma is attached; (3) wanted persons information; and (4) raw arrest records and records of criminal proceedings which did not result in conviction could be exchanged in defined situations. Prohibits agencies or persons who lawfully gain access to information from using the information for a purpose or from disseminating the information in a manner not permitted by this Act. Places limitations on access to criminal justice information via categories other than name. Requires every agency information system covered by this Act to promulgate regulations on security, accuracy, updating and purging. Sets out what such regulations must provide, including that they must provide a method for informing users of changes in disseminated information and for the purging of old, outdated and irrelevant information. Requires every agency or information system to establish a process for access and challenge of incorrect or inaccurate information. Details what such regulations must provide. Places limitations on the collection and dissemination of intelligence information. States that such information may not be maintained in automated systems and must be kept separate and apart from all other criminal justice files. Title III: Administrative Provisions; Regulations; Civil Remedies; Criminal Penalties - Creates a Federal-State administrative structure for enforcement of this Act. Establishes a Federal Information Systems Board as an independent agency with general responsibility for administration and enforcement of this Act. Provides that the Board would be composed of representatives of the Department of Justice and two other Federal agencies, plus six other members nominated by the President, with the advice and consent of the Senate. Provides that the Board would have the authority to issue general regulations applying the Act's policies. Empowers the Board to: (1) operate the interstate information system authorized by this Act; (2) conduct audits; (3) conduct general studies of information systems; and (4) make recommendations to the Congress for additional legislation. Creates an Information Systems Advisory Committee, composed of one representative from each State, to advise the Board on all of the Board's responsibilities and on the Board's operation of the interstate information system. Requires the Federal Information Systems Board to issue regulations to implement this Act. Requires each State to establish a central administrative agency, separate and apart from existing criminal justice agencies, with authority to oversee operation of criminal justice information systems in that State. Requires every information system or agency to give public notice, once annually, of the type of information it collects and disseminates, its sources, purpose, function, administrative director or other pertinent information. Requires every system or agency to give public notice of an expansion and any new system to give public notice before it becomes operational so that interested parties will have an opportunity to comment. Requires audits of systems and agencies which collect and disseminate information. States that such audits are to be conducted by the Federal Information Systems Board, by an independent State agency and by each criminal justice agency. Permits the Federal Government to operate an interstate criminal justice information system under the policy control of the Federal-State board. Limits information contained in such system to an index containing the subject's name and the name of the State or local agency which possesses a more complete file. Lists administrative actions that may be taken by the Federal Information Systems Board in the event that a criminal justice information system is found to have violated any provision of this Act. Provides the judicial machinery for the exercise of the right granted in this Act. Provides that aggrieved individuals may obtain both injunctive relief and damages, $100 recovery for each violation, actual and general damages, attorney's fees, and other litigation costs whether violations were willful or negligent. Provides criminal penalties for violations of this Act. Provides that any State statute, State regulation or Federal regulation which imposes stricter privacy requirements on the operation of criminal justice information systems or upon the exchange of criminal justice information takes precedence over this Act or any regulations issued pursuant to this Act or any other State law when a conflict arises. Authorizes the appropriation of such funds as the Congress deems necessary for the purposes of the Act.
United States · United States Congress · 31 January 1974
Extends the life of the Special Committee on Aging, established by Senate Resolution 33, 87th Congress, and makes it a permanent, special committee of the Senate. Provides that the committee shall continue to consist of twenty-two members appointed by the President of the Senate, thirteen of whom shall be appointed from the majority party and nine of whom shall be appointed from the minority party. Directs the committee to make a continuing study and investigation of any and all matters pertaining to problems and opportunities of older people, including but not limited to, problems and opportunities, of maintaining health, of assuring adequate income, of finding employment, of engaging in productive and rewarding activity, of securing proper housing, and, when necessary, of obtaining care or assistance. Provides that the minority shall receive fair consideration in the appointment of staff personnel pursuant to this resolution. Grants the Committee specified powers to carry out its functions. Limits the expenses of the committee under this resolution for the period from March 1, 1974, through February 28, 1975, to $415,000. Requires the committee to report the results of its study and investigation, together with such recommendations as it may deem advisable, to the Senate at the earliest practicable date, but not later than February 28, 1975. Makes this resolution effective March 1, 1974.
United States · United States Congress · 19 December 1973
Authorizes the Committee on Commerce to make an investigation of national oceans policy for the purpose of: (1) determining national capabilities in the oceans, (2) determining the adequacy of current Federal programs relating to the oceans and recommending improvements; (3) establishing policies to achieve the goal of full utilization and conservation of living resources for the oceans; (4) assessing the needs for new policies for the development and utilization of the nonliving resources of the oceans; (5) encouraging implementation of coastal zone management; (6) establishing a comprehensive national policy for understanding and protecting the global ocean environment through education, exploration, research, and international cooperation; and (7) making an assessment of proposals for national and international jurisdiction over the oceans. Authorizes, for the purpose of this resolution, the Committee on Commerce to expend, through February 28, 1975, from the contingent fund of the Senate, a sum not to exceed $200,000.
United States · United States Congress · 14 December 1973
Increases, under the Old-Age, Survivors and Disability Insurance title of the Social Security Act, the increment in old-age benefits payable to individuals who delay their retirement beyond age sixty-five.
United States · United States Congress · 3 December 1973
Authorizes the Secretary of the Treasury to admit free of duty a 3.60-meter telescope for the use of the Canada-France-Hawaii Telescope Project at Mauna Kea, Hawaii.
![Official portrait of Sen. Fong, Hiram L. [R-HI]](https://www.congress.gov/img/member/f000245_200.jpg)