United States · United States Congress · 15 January 1975
State and Local Fiscal Assistance Act - Repeals the provision of the State and Local Fiscal Assistance Act of 1972 which limits units of local government to use funds received under such Act only for priority expenditures. Authorizes the appropriation to the State and Local Government Fiscal Assistance Trust Fund of $6,650,000,000 for fiscal year 1977, and of $1,7000,000,000 for the period beginning July 1, 1977, and ending September 30, 1977. Authorizes appropriations based upon the Federal adjusted gross income to such Fund for the fiscal years beginning after September 30, 1977. Defines the term Federal adjusted gross income for purposes of such Act. Removes the penalty payment provision under the Act which requires units of local governments to pay over to the Secretary of the Treasury amounts equal to 110 percent of amounts expended out of their trust funds in violation of the provisions of such Act. Extends entitlement periods under such Act to the period beginning July 1, 1977, and ending September 30, 1977, and the one-year periods beginning October 1, 1977 and all subsequent years.
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 · 19 November 1974
Requires each agency of the United States Government to publish and distribute current indexes of matters issued, adopted or promulgated after July 4, 1967, which are required to be maintained by the Freedom of Information Act, or, if the agency determines publication to be unnecessary or impracticable, to make copies available on request at a cost not to exceed the direct cost of duplication. Directs each agency to promulgate regulations specifying a uniform schedule of fees for document search and duplication. Limits such fees to recovery of direct costs, except that the cost of reviewing and examining records may be charged when it is in excess of $100. Provides that documents shall be published without charge or at a reduced charge where the agency determines that such action is in the public interest. Authorizes the District Courts, on complaint, to enjoin an agency from withholding records and to order the production of records improperly withheld. Provides that the Court may examine the records in camera in determining whether they should be withheld under any of the exemptions set forth in the Act. Places the burden on the agency to sustain its action. Requires the agency-defendant to serve an answer to any complaint within 30 days of service of such complaint. Stipulates that proceedings under the Act take precedence over all other cases in the District Court and shall be expedited in every way. Allows the Court to assess reasonable attorney fees and other costs against the United States when the complainant has substantially prevailed. Directs the Civil Service Commission to initiate proceedings to determine whether disciplinary action is warranted against an employee primarily responsible for a withholding, when the District Court has found it to be improper, has assessed costs against the United States, and has issued a written finding that the circumstances raise questions as to whether agency personnel have acted arbitrarily or capriciously. Requires the agency to take whatever corrective action the Commission recommends. Allows the District Court to punish for contempt the responsible employee or officer in the event of non-compliance with the order of the Court. Requires each agency to notify a person making a request within 30 days whether it will comply and the reasons for its decision, and to inform such person of his right to appeal an adverse determination. Requires a decision with respect to an appeal within 20 days, and if denial of the request is upheld on appeal, notification to the requester of the provisions for judicial review under this Act. Provides for extension of these time limits under specified circumstances. States that any person making a request shall be deemed to have exhausted his administrative remedies if the agency fails to comply with the applicable time limits, but allows a court to extend them if the Government can show exceptional circumstance and that the agency is exercising due diligence in responding to the request. Provides that any denial of a request shall set forth the name and title of each person responsible for the denial. Exempts matters properly kept secret under Executive Order in the interest of national defense or foreign policy, but grants jurisdiction to the District Court to examine such records to determine if they have been properly classified. Exempts investigatory records compiled for law enforcement purposes under specified circumstances. Requires each agency to submit to the Speaker of the House and the President of the Senate on or before March 1 of each year a report on requests made under the Freedom of Information Act during the previous year. Requires the Attorney General to submit a report on or before March 1, describing for the prior year the number and disposition of cases, as well as the efforts of the Department of Justice to encourage agency compliance with the Act. Provides that the amendments made by this Act shall take effect on the ninetieth day beginning after the date of enactment of this Act. (Amends 5 U.S.C. 552)
United States · United States Congress · 2 October 1974
Official Documents Act - Defines the terms used in this Act, including "official communication". Declares that the official communications of an elected official of the United States compiled during the tenure of an elected official shall constitute public property. States that the Administrator of General Services shall obtain, or retain, all the official communications of a President or former President for all terms since March 20, 1929. Sets forth the status of official communications of elected officials other than a President and the Administrator's duties in obtaining such documents upon the ceasing of holding of public office by such officials. Provides that no public communication shall be destroyed unless without historical or commemorative value. States that public communications shall be subject to any legal process, including subpena. Empowers the Administrator to exempt specified classes of communications from disclosure. Authorizes to be appropriated such sums as necessary to carry out the provisions of this Act.
United States · United States Congress · 1 October 1974
Provides that not less than 15 percent of the total value of food stamps issued pursuant to the Food Stamp Act to an eligible household during each month or other time period shall be coded as to be usable only for the purchase of beef, pork, or poultry unless the State agency finds that such coding is impracticable with regard to a specific household. (Amends 7 U.S.C. 2013(a))
United States · United States Congress · 17 September 1974
Extends the periods of service related to World War II and the Korean War required for membership in the American Legion. Extends the period for World War II to December 31, 1946 (presently September 2, 1945). Extends the period for the Korean War to January 31, 1955 (presently July 27, 1953). Sets the date of termination of the Vietnam hostilities for purposes of such membership at August 15, 1973. (Amends 36 U.S.C. 45)
United States · United States Congress · 31 July 1974
Prohibits any change in the status of any member of the uniformed services who is in a missing status as a result of service in Southeast Asia, until the provisions of the Paris Peace Accord of January 27, 1973, have been fully complied with by North Vietnam or the President has determined and reported to Congress that all reasonable actions have been taken to account for such members.
United States · United States Congress · 31 July 1974
Terminates, under the National Traffic and Motor Vehicle Safety Act of 1966, those requirements pertaining to seatbelt standards which require the vehicle to be equipped with any starter interlock system, or any buzzer light, or other warning system.
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 · 20 June 1974
Emergency Livestock Credit Act - Authorizes the Secretary of Agriculture to provide financial assistance to bona fide farmers and ranchers, including operators of feedlots, who are primarily engaged in agricultural production for the purpose of breeding, raising, fattening or marketing livestock. Defines "livestock" to mean beef cattle, dairy catttle, swine, chickens, turkeys or the products thereof. Directs the Secretary to provide such assistance by guaranteeing loans made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other approved lender. Requires that the total guaranteed under this Act for any farmer or rancher shall not exceed $1,000,000; and that in the case of any loan to refinance the livestock operations of a farmer or rancher, the loan and refinancing are absolutely essential in order for the farmer or rancher to remain in business. States that loans guaranteed under this Act shall bear interest at a rate to be agreed upon by the lender and borrower. Limits loan guarantees outstanding at any one time to $3,000,000,000. Terminates this Act one year after enactment, except the authority to make guarantees may be extended for 6 months if the Secretary of Agriculture determines guarantees are needed and notifies the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry.
United States · United States Congress · 20 June 1974
Provides that the effective date of the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974 shall be postponed until August 1, 1975.
United States · United States Congress · 17 June 1974
Expresses the sense of the Senate that the President should immediately terminate the suspension of any Presidential proclamation limiting the total quantity of imports, or withdrawals from warehouses for consumption, of fresh, chilled, or frozen cattle, sheep and other specified meat.
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
Establishes a working capital fund for the Department of Justice, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operation of such administrative services as the Attorney General determines may be performed more advantageously as central services. Authorizes appropriations of such amounts as may be necessary to provide capital for the fund.
United States · United States Congress · 6 June 1974
Authorizes the Secretary of Agriculture to finance livestock producers where the applicant's usual credit source is unable or unwilling to provide additional credit without the guarantee provided by this Act. States that a borrower's total principal indebtedness may not exceed $250,000 under this Act.
United States · United States Congress · 22 May 1974
Provides for the lifting of the suspension under Federal law setting quotas for the importation of fresh, chilled, or frozen cattle meat or goat and sheep meat. Sets limits upon the length of any such suspension imposed under such Act.
United States · United States Congress · 10 April 1974
National Institute of Corrections Act - Establishes the National Institute of Corrections in recognition of the need to change the role of corrections from one of incarcerating society's offenders to one of sharing responsiblity for their reintegration. Makes it the purpose of this Act to upgrade the quality and to increase availability of informational resources and educational possibilities for correctional personnel. Establishes and specifies the composition of a Board to carry out the purposes of the Institute in accordance with the powers and duties vested in the Institute by this Act. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 1 April 1974
Declares that the Congress hereby calls upon the Secretary of the Interior and the Administrator of General Services to cause to be conducted on or about August 10, 1974, appropriate ceremonies in celebration of the 100th anniversary of the birth of Herbert Hoover, 31st President of the United States, in the town of West Branch, Iowa.
United States · United States Congress · 29 March 1974
Declares it to be the sense of the Senate that: (1) the Government of the United States should maintain and protect its sovereign rights and jurisdiction over the canal zone, and should in no way cede, dilute, forfeit, negotiate, or transfer any of these sovereign rights, power, authority, jurisdiction, territory, or property that are indispensably necessary for the protection and security of the United States and the entire Western Hemisphere; (2) there be no relinquishment or surrender of any presently vested United States soverign right, power, or authority or property, tangible or intangible,except by treaty authorized by the Congress and duly ratified by the United States; and (3) there be no cession to Panama, or other divestiture of any United States-owned property, tangible or tangible, without prior authorization by the Congress (House and Senate), as provided in article IV, section 3, clause 2 of the United States Consitituion.
United States · United States Congress · 27 March 1974
Specifies the grounds of inadmisibility of an alien at the time of entry which the Attorney General, in his discretion, may waive for an alien who has previously been legitimately admitted, and who was otherwise admissible at the time of entry.
United States · United States Congress · 22 March 1974
Makes level IV of the Executive Schedule Pay Rates applicable to the United States Attorney for the Central District of California and to the United States Attorney for the Northern District of Illinois.
United States · United States Congress · 27 February 1974
Extends the use of tax-free industrial bonds under the Internal Revenue Code, without limit, to be used in the conversion from gas burning to oil burning equipment or oil burning equipment to other energy burning materials. Raises the limit of general industrial revenue bonds intended for small business.
United States · United States Congress · 25 February 1974
Provides that the Commission on Revision of the Federal Court Appellate System shall submit its report on the structure and internal procedures of the Federal Court System within twenty-four months (formerly fifteen months) from the date on which its ninth member is appointed. Increases the authorized appropriations to the Commission from $270,000 to not more than $1,000,000. (Amends 28 U.S.C. 41nt)
United States · United States Congress · 18 February 1974
Expresses the sense of Congress that United States citizenship be extended to Alexander Solzhenitsyn and his family and that we condemn the reversion to Stalinistic repression of fundamental civil liberties in the Soviet Union.
United States · United States Congress · 7 February 1974
Designates Alabama, Florida, Georgia, and Mississippi as the fifth judicial circuit; and Louisiana, Texas, and the Canal Zone as the eleventh judicial circuit. Divides the ninth judicial circuit, stating that it shall be composed of Alaska, the Eastern and Northern Judicial Districts of California, Hawaii, Idaho, Montana, Oregon, Washington, and Guam. Creates the twelfth judicial circuit to be composed of Arizona, the Central and Southern Judicial Districts of California, and Nevada.
United States · United States Congress · 7 February 1974
Designates Alabama, Florida, Georgia, and Mississippi as the fifth judicial circuit; Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota as the eighth judicial circuit; and Arkansas, Louisiana, Texas, and the Canal Zone as the eleventh judicial circuit. Divides the ninth judicial circuit, stating that it shall be composed of Alaska, the Eastern and Northern Judicial Districts of California, Hawaii, Idaho, Montana, Oregon, Washington, and Guam. Creates the twelfth judicial circuit, to be composed of Arizona, the Central and Southern Judicial Districts of California, and Nevada.
United States · United States Congress · 7 February 1974
Designates Alabama, Florida, and Georgia as the fifth judicial circuit and Louisiana, Mississippi, Texas, and the Canal Zone as the eleventh judicial circuit. States that the ninth judicial circuit shall be composed of Alaska, the Eastern and Northern Judicial District of California, Hawaii, Idaho, Montana, Oregon, Washington, and Guam. Creates the twelfth judicial circuit, to be composed of Arizona, the Central and Southern Judicial Districts of Californiaa and Nevada.
United States · United States Congress · 7 February 1974
Directs the President to appoint, by and with the advice and consent of the Senate, one additional circuit judgeship for the first circuit, two additional circuit judgeships for the second circuit, one additional circuit judgeship for the third circuit, two additional circuit judgeships for the fourth circuit, one additional circuit judgeship for the sixth circuit, one additional circuit judgeship for the seventh circuit, and one additional circuit judgeship for the tenth circuit. States that the two additional circuit judgeships authorized for the second circuit shall be filled only upon certification of need by the Judicial Conference of the United States.
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 · 4 February 1974
Declares that the Senate disapproves the recommendations of the President with respect to rates of pay, referred to in the Federal Salary Act of 1967 (relating to Members of Congress), transmitted to the Congress on February 4, 1974, pursuant to such Act.
United States · United States Congress · 31 January 1974
Provides, under the Immigration and Nationality Act, that whenever any person is born outside of the United States and its outlying possessions and is a citizen of the United States at birth, the birth of that person shall be registered with a consular officer in the country in which that person was born within such time and under such regulations as shall be prescribed by the Secretary of State. Provides that if such registration is not made within the time prescribed, it shall be presumed that such person is not a citizen of the United States by birth. Imposes criminal penalties on persons for failure to surrender a passport when requested to do so and for collusion with foreign governments to evade passport laws and regulations. Provides that no person who refuses to swear or affirm his allegiance to the United States shall be entitled to receive, hold, or use any passport or other credential issued by, or under authority of, the United States which identifies such person as one bearing allegiance to the United States. (Amends 8 U.S.C. 1401, 1548, 1547)
United States · United States Congress · 29 January 1974
Provides that mail fraud penalties shall be imposed upon persons when the result of a scheme to defraud is on purpose, as an incident to, or as a result of such scheme. (Amends 18 U.S.C. 1341)
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 · 10 December 1973
Provides that no grant shall be made under the Clean Air Act for a State vehicle emission device testing program if such program provides a penalty for the removal or rendering inoperative of such device by or at the request of the purchaser of the vehicle.
United States · United States Congress · 10 December 1973
Expresses the sense of the Congress that: (1) the President should determine and take immediate steps to reduce Federal Government consumption of fuels by a third; (2) the President should initiate a program within the Federal Government to immediately reduce nonessential uses of all Government vehicles and equipment, and commercial and mass transportation should be utilized whenever practical in the conduct of government business; (3) the President should allot Federal Government departments and agencies a fixed quantity of fuel for a fixed period for essential purposes only, and critical national security activities and other vital services may be exempted on a case-by-case basis; (4) the Secretary of Defense should immediately initiate innovative measures to reduce the amount of fuels used for defense activities; and (5) the President should immediately urge State, local, and other public authorities to adopt similar measures.
United States · United States Congress · 14 November 1973
Directs the Attorney General to: (1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and (2) exchange these records with, and for the official use of, the Federal Government, the States, cities, and penal and other institutions for law enforcement purposes. Authorizes the Attorney General to exchange such records with the officials of federally chartered or insured banking institutions. Provides that all copies of records of information filed as a result of an arrest that is legally terminated in favor of the arrested individual shall be returned to that individual within sixty days of final disposition and shall not be maintained in the files of any Federal agency, if a copy of the formal court order disposing of the case is presented, or upon formal notice from one criminal justice agency to another. States that the Attorney General's authority to disseminate records indicating that an individual was arrested or charged with any criminal offense to noncriminal justice agencies shall expire on December 31, 1974.
United States · United States Congress · 18 October 1973
Makes it the sense of the Senate that the announced policy of the United States Government to maintain Israel's deterrent strength be implemented by continuing to transfer to Israel, by whatsoever means necessary, Phantom aircraft and other equipment in the quantities needed by Israel to repel the aggressors.
United States · United States Congress · 16 October 1973
Authorizes the United States District Court for the District of Columbia to: (1) extend the term of the grand jury of that court which was impaneled on June 5, 1972, for an additional period of six months, if the court determines that the business of that grand jury has not been completed at the expiration of the term otherwise provided by law; and (2) further extend the term of that grand jury for another additional period of six months, if the business of that grand jury has not been completed at the end of the extended term. States that with respect to any failure to extend the term of the grand jury under this Act, the grand jury shall be considered a special grand jury.
United States · United States Congress · 16 October 1973
Authorizes the United States District Court for the District of Columbia to extend the term of the grand jury of that court which was impaneled on June 5, 1972, for an additional period of six months, if the court determines that the business of that grand jury has not been completed at the expiration of the term otherwise provided by law. States that with respect to any time failure to extend the term of the grand jury under this Act, the grand jury shall be considered a special grand jury.
United States · United States Congress · 10 October 1973
Provides for an exclusive remedy against the United States in suits based upon Acts or omissions of United States employees. States that the United States shall not be liable for interest prior to judgment or for punative damages. Authorizes the Secretary of Health, Education, and Welfare and the Secretary of Defense to provide liability insurance for assigned or detailed employees of their departments.
United States · United States Congress · 8 October 1973
Provides that whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any moneys, funds, credits, assets, or securities knowing the same to have been embezzled, abstracted, purloined, or willfully misapplied, shall be subject to the same punishment as the person who embezzled, abstracted, purloined, or willfully misapplied such moneys, funds, credits, assets, or securities. (Amends 18 U.S.C. 656, 657, and 2113)
![Official portrait of Sen. Hruska, Roman L. [R-NE]](https://www.congress.gov/img/member/h000875_200.jpg)