United States · United States Congress · 23 January 1975
Prohibts the withdrawal of merchandise, without the payment of import duties, pursuant to the Tariff Act of 1930, from a customs bonded warehouse for exportation pursuant to retail sales unless such warehouse is located in close proximity to a port, airport, or border crossing station.
United States · United States Congress · 23 January 1975
Consumer Protection Act - Establishes as an independent agency within the executive branch of the Government the Consumer Protection Agency. States that the Agency shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. Requires the Administrator to transmit to the Congress and the President in January of each year a report which shall include a comprehensive statement of the activities and accomplishments of the Agency during the preceding calendar year including a summary of consumer complaints received and actions taken thereon and such recommendations for additional legislation as he may determine to be necessary or desirable to protect the interests of consumers within the United States. Directs the Agency, in the performance of its functions, to advise the Congress and the President as to matters affecting the interests of consumers; and to protect and promote the interests of the people of the United States as consumers of goods and services made available to them through the trade and commerce of the United States. States that the functions of the Agency shall be to: (1) represent the interests of consumers before Federal agencies and courts to the extent authorized by this Act; (2) encourage and support research, studies, and testing leading to a better understanding of consumer products and improved products, services, and consumer information; and (3) submit recommendations annually to the Congress and the President on measures to improve the operation of the Federal Government in the protection and promotion of the interests of consumers. Directs the Agency to receive, evaluate, develop, act on, and transmit complaints to the appropriate Federal or non-Federal entities concerning actions or practices which may be detrimental to the interests of consumers. Requires the Agency to maintain a public document room containing an up-to-date listing of all signed consumer complaints of any significance for public inspection and copying which the Agency has received, arranged in meaningful and useful categories, together with annotations of actions taken by it. Directs the Agency to investigate and report to Congress on the desirability and feasibility of establishing a National Consumer Information Foundation which would administer a voluntary, self-supporting, information tag program. Authorizes the Administrator to propose to any Federal agency, for submission to specified persons, written interrogatories or requests for reports and other related information, within such agency's authority. Prohibits sex discrimination in any program activity carried on or receiving Federal assistance under the Act. Authorizes to be appropriated to carry out the provisions of this Act such sums as may be required for fiscal years 1976, 1977, and 1978.
United States · United States Congress · 23 January 1975
Revises the Social Security Act to exempt increases in social security benefits from consideration in determining a person's need for public assistance under the programs of aid to the aged, the blind, and the disabled or the program of aid to families with dependent children.
United States · United States Congress · 23 January 1975
Permits service-connected disabled veterans, whose disability is rated 30 percent or more in degree disabling, and who are retired members of the uniformed services, to receive disability compensation concurrently with retired pay, without deduction from either. (Amends 38 U.S.C. 3104(a))
United States · United States Congress · 23 January 1975
Eliminates, under title II of the Social Security Act (Old-Age, Survivors', and Disability Insurance), the dependency requirements for entitlement to husband's and widower's insurance benefits, so that benefits for husbands and widowers will be payable on the same basis as benefits for wives and widows (under present law a widower must be able to show that half of his support was derived from his wife's earnings in order to qualify for survivors venefits). Provides benefits for widowed fathers with minor children. Provides that benefits for husbands, widowers, and fathers shall be payable on the same basis as benefits for wives, widows, and mothers.
United States · United States Congress · 23 January 1975
Authorizes a parent who supports a handicapped child to take a personal exemption under the Internal Revenue Code for that child unless the child earns more than $6,000 per year.
United States · United States Congress · 23 January 1975
Provides that the foreign post pay differential for a Federal employee shall be determined without regard to: (1) his entitlement to, and his receipt of, an allowance based on living costs on conditions of environment, or both; and (2) the amount of such allowance. (Amends 5 U.S.C. 5925) Provides that the amount of a cost-of-living and condition of environment allowance for a Federal employee shall be determined without regard to: (1) his entitlement to, and his receipt of, a post differential, and (2) the amount of such post differential. (Amends 5 U.S.C. 5941(a))
United States · United States Congress · 23 January 1975
Eliminates, in the case of any oil or gas well located outside the United States, the percentage depletion allowance and the option to deduct intangible drilling and development costs with respect to such wells under the Internal Revenue Code of 1954. Denies a foreign tax credit with respect to the income, war profits, or excess profits tax paid or accrued from any such well.
United States · United States Congress · 23 January 1975
Entitles Federal civilian personnel on oceangoing vessels to immediate retirement and full annuity upon separation from the Civil Service after attaining fifty years of age and completing twenty years of service, if the head of the Agency has recommended retirement and the Civil Service Commissioner approves that recommendation. (Amends 5 U.S.C. 8336(c)
United States · United States Congress · 23 January 1975
Changes the requirement that a taxpayer (having purchased a new residence within a year of the sale of his old residence) must use the new residence within 1 year for purposes of nonrecognition of gain under the Internal Revenue Code to allow him up to 2 years to use such new residence.
United States · United States Congress · 23 January 1975
Allows specified percentage tax deductions under the Internal Revenue Code, for the cost of acquiring recycled solid waste materials during the taxable year. Provides, in lieu of any allowable depreciation deduction, for the amortization of the cost basis of solid waste recycling facilities over a period of 60 months.
United States · United States Congress · 23 January 1975
Authorizes the payment of specified increased annuities to secretaries of justices and judges of the United States. (Amends 5 U.S.C. 8331, 8334(c), 8339(b))
United States · United States Congress · 23 January 1975
Directs the Administrator of Veterans' Affairs to provide for cost-of-living adjustments to disability compensation rates payable to veterans residing outside the contiguous United States. (Adds 38 U.S.C. 362)
United States · United States Congress · 23 January 1975
Small Business Tax Simplification and Reform Act - Title I: Tax Simplification Relating to Small Business - Creates a Committee on Tax Simplification for Small Business for the purpose of devoting continued attention to the simplification of the Internal Revenue Code to small business, and the regulations, instructions, procedures, and other publications relating to small business taxation. Provides that the membership of the Committee would include representatives of the Secretary of the Treasury (for policy matters); Internal Revenue Service (for technical matters); Office of Management and Budget (for coordinating the paperwork aspects of IRS forms, in view of the Federal Reports Act) and the Small Business Administration to express the interests of the small business community. Creates in the Treasury Department an Office of Small Business Analyst, which would be responsible for looking at tax problems primarily from the view of small business and the free enterprise system. Calls upon the Treasury Department for a comprehensive study of depreciation policies with particular attention to: the impact of legislation; the rapid advances in technology to which small business must adapt; and the practices of other industrialized nations. Calls upon the Treasury to study the entire range of pension, retirement, health, medical, and insurance benefits in the larger context of what both corporations (including large corporate enterprise) and other forms of business are providing for their employees and executives. Authorizes a special study of the differential effect of tax law changes on businesses of different sizes. Title II: Adjustment of Corporate Normal Tax - Effects a progressive reform in the entire corporate tax structure by providing for reductions in normal corporate tax rates based on the corporation's earning. Provides that as corporate earnings rise above $1 million per year the normal tax would incline upward to a maximum of 24 percent for corporations earning over $1 billion annually. Title III: Special Provisions to Encourage Establishment of New Small Business Enterprises - Permits eligible new small business corporatians an income tax deduction equal to the corporation's net operating income so long as that amount does not exceed $2083. Allows an income tax deduction to a partnership for its oragnizational expenses ratably over a period of 60 months. Provides for a bad debt tax deduction for guarantors of obligations of and lenders to small business corporations. Title IV: Provisions to Assist Small Business Growth - Increases the additional first-year depreciation limitation for small business property from $10,000 to $20,000. Extends the period for use of the loss carryover provisions for small businesses by allowing existing corporations to carry these losses over a ten year period. Raises the earning credit in accordance with the costs of doing business to $150,000. Allows the expenses of certain types of small business stock flotations, such as those under Regulation A and section 1244 of the Code, which are not otherwise deductible, to be amortized over a period of 60 months. Allows research and development expenses of small business to be amortized beginning at the time they are made. Permits a limited number of surtax exemptions (up to 5) in the event members of a family are placed in proprietary positions where they have ownership of at least 50 percent of the stock (or other interest) and full time management of a separately incorporated unit of a family business. Title V: Provisions Relating to Partnerships - Allows the closing of the partnership year for a decedent at any of the following times: (1) the normal close of the partnership year if there has been no prior sale, exchange, or liquidation of the partnership interest; (2) the date of any of the above described transactions; or (3) the day after the partner's death. Permits a partner to deduct currently his share of partnership losses in excess of the adjusted basis of his partnership interests, in the event that the partner is unconditionally obligated for his share of such partnership losses. Title VI: Provisions Relating to Subchapter S Corporations - Allows enlargment of the Subchapter S "tax-option" small business corporations in the following 3 ways: (1) initial shareholders could number 15, rather than the present 10; (2) shareholders in excess of this ceiling who take their stock by reason of heirship would not disqualify election; and (3) after 5 years, the number of permissible shareholders would increase to 25. Provides that the classes of shareholders would be expanded to include: (1) trusts where stock passes pursuant to a will, and where the trust is used merely to convey the stock to a long term eligible holder within 60 days; (2) trusts where the entire income is taxable to the grantor; and (3) small business investment companies, subject to such income. Provides for nondisqualification of a Subchapter S corporation by reason of exceeding the limit of 20 percent passive income in a single year. Provides that the election privilege could still be lost pursuant to this proposal if the limit is exceeded in any 2 of 4 consecutive years. Provides that if the corporation is able to establish that the termination was, in fact, inadvertent and gain full compliance within 90 days of notification, its Subchapter S status would be preserved for future years. Title VII: Business Development Corporations - Permits State and local development companies to extend long-term financing to non-bankable new enterprises and such companies would be permitted a bad-debt reserve deduction up to 10 percent of outstanding loans. Provides that certain types of business development corporations would be nontaxable upon the condition that the proceeds from such unusual transactions are re-invested in the area of service and no part of these proceeds insures to the benefit of any individual or private institution. Title VIII: Preservation of Small Business Independence - Allows recovery of losses in 1 or 2 quarters to the extent the newly estimated tax for the year is less than the amount already paid in. Disallows interest deductions beyond $500,000 on any loan for small business acquistion purposes. Permits valuation comparisons with any similar closely held corporation whether or not it is listed on an exchange. Changes the standard of "undue hardship" (required to qualify for 10-year estate tax installments) to "hardship. Directs the Treasury to conduct a comprehensive examination of the pressures of income taxes, capital gains tax, reorganization rules, and estate and gift taxes which are causing so many small business to sell or merge out of existence rather than continue in independent form.
United States · United States Congress · 23 January 1975
Handgun Control Act - Makes it unlawful for any person to import, manufacture, sell, buy, transfer, receive or transport any handgun. Provides that the Secretary of the Treasury may, consistent with public safety and necessity, exempt from such prohibition the importation, manufacture, sale, purchase, transfer, receipt, or transportation of handguns by importers, manufacturers, or dealers, licensed under chapter 44 of title 18, United States Code, and by pistol clubs licensed under this chapter as may in his judgment be required for the operation of such pistol club. Requires a pistol club desiring to be licensed under this chapter to file an application for such license with the Secretary. Establishes a $25 annual fee for such license. Directs such clubs to meet various requirements in order to have their applications approved. Provides for administrative and judicial review in the case of a license denial or revocation by the Secretary. Provides that whoever violates any provision of this chapter or knowingly makes any false statement or represenation with respect to the information required by the provisions of this chapter to be kept in the records of a pistol club licensed under this chapter, or in applying for any license under the provisions of this chapter, shall be fined not more than $5,000, or imprisoned not more than five years, or both, and shall become eligible for parole as the Board of Parole shall determine. Provides that any handgun involved or used in, or intended to be used in, any violation of the provisions of this chapter or chapter 44 (firearms legislation) of title 18, United States Code, or any rule or regulation promulgated thereunder, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture. Exempts from the provisions of this Act the importation, manufacture, sale, purchase, transfer, receipt, or transportation of any handgun which the Secretary determines is: (1) being imported or manufactured for, sold, or transferred to, purchased, received, or transported by, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency or political subdivision thereof; and (2) unserviceable, not restorable to firing condition, and intended for use as a curio, museum piece, or collectors' item. Establishes procedures for the reimbursement of a person who voluntarily delivers a handgun to a law enforcement agency. Directs the Secretary to prescribe such rules and regulations as he deems necessary to carry out the provisions of this Act. (Adds 18 U.S.C. 1091-1100)
United States · United States Congress · 23 January 1975
Authorizes reduced air rate transportation under the Federal Aviation Act of 1958, for youth, elderly people, and military personnel on a space available basis.
United States · United States Congress · 23 January 1975
Extends to all unmarried individuals the full tax benefits of income splitting now enjoyed by married individuals filing joint returns. Provides the same income tax rate tables to all individuals, whether married and filing separately or unmarried. States that such income tax treatment shall become effective after December 31, 1975.
United States · United States Congress · 23 January 1975
National No-Fault Motor Vehicle Insurance Act - Title I: General Provisions - States that every owner of a motor vehicle which is registered in a State in which a State no-fault plan for motor vehicle insurance in accordance with this Act is in effect, or which is operated in such State by the owner or with his permission, shall continuously provide security covering such motor vehicle while such vehicle is either present or registered in such State. Requires the commissioner of insurance for each State to establish and implement or approve and supervise a plan assuring that any required no-fault benefits and tort liability coverages for motor vehicles will be conveniently and expeditiously available, subject only to payment or provisions for payment of the premium, to each individual who cannot conveniently obtain insurance through ordinary methods at rates not in excess of those applicable to similarly situated individuals under the plan. Requires all insurers writing no-fault benefits and tort liability coverages in a State to participate in the the plan in such State. States that, subject to the supervision and approval of the commissioner, insurers may consult and agree with other appropriate persons as to the organization, administration, and operation of the plan and as to rates and rate modifications for insurance coverages provided under the plan. Requires that every contract of insurance providing security covering a motor vehicle which is not one of five or more motor vehicles under common ownership insured under a single insuring agreement, may not be canceled, modified, or otherwise terminated by the insurer nor may the insurer fail to renew except at specified dates or intervals which may not be less than 6 months after the inception of coverage or thereafter less than 6 months apart unless the Commissioner so provides. Provides that, subject to the supervision and approval of the Commissioner, the plan shall afford required coverages for motor vehicles to any economically disadvantaged individual, at rates as determined by the State, which shall not be so great as to deny such individual access to insurance which it is necessary for him to have in order to earn income and to remain gainfully employed. Sets forth restrictions on termination of no-fault insurance. Provides that no-fault benefits are payable monthly as loss accrues; and that loss accrues not when injury occurs, but as allowable expense, work loss, replacement services loss, or survivor's loss is sustained. States that, except as otherwise provided in this subsection, no-fault benefits shall not be denied or terminated because the victum executed a release or other settlement agreement. Allows, if no-fault benefits have not been paid for loss arising otherwise than from death, the commencement of action therefor not later than 2 years after the victim suffers the loss and either knows, or in the exercise of reasonable diligence should have known, that the loss was caused by the accident, or not later than 4 years after the accident, whichever is earlier. Permits restoration obligors providing basic restoration insurance in a State to organize and maintain, subject to approval and regulation by the commissioner, an assigned claims bureau and an assigned claims plan and adopt rules for their operation and for assessment of costs on a fair and equitable basis consistent with this Act. Provides that the assignee thereafter has rights and obligations as if he had issued a policy of basic restoration insurance complying with this Act applicable to the injury or, in a case involving the financial inability of a restoration obligor to perform its obligations, as if the assignee had written the applicable basic restoration insurance, undertaken the self-insurance, or lawfully obligated itself to pay basic restoration benefits. Directs the commissioners, in accordance with applicable State law, to regulate restoration obligors providing security covering a motor vehicle in his State, including the rates charged for security. Requires commissioners, through the State vocational rehabilitation agency, to establish and maintain a program for the regular and periodic evaluation of medical and vocational rehabilitation services for which reimbursement or payment is sought from a restoration obligor as an item of allowable expense. Authorizes the commissioner to establish a program for the regular and periodic evaluation of his State's no-fault plan for motor vehicle insurance; and to coordinate with appropriate government agencies the creation and maintenance of an emergency health services system. States that a restoration obligor providing security for the payment of basic restoration benefits shall be obligated to provide, and each contract of insurance for the payment of basic restoration benefits shall be construed to contain, coverage of $50,000 to protect the owner or operator of a motor vehicle from tort liability. Directs a restoration obligor providing security for the payment of basic restoration benefits to pay or otherwise provide such benefits without regard to fault to each individual entitled thereto, pursuant to the terms and conditions of the State no-fault plan for motor vehicle insurance applicable thereto. States that the provisions of this Act shall apply to Federal motor vehicles. Title II: National Standards for State No-Fault Motor Vehicle Insurance Plan - Prohibits State law from preventing establishment of a State no-fault plan pursuant to this Act. Grants the Secretary of Transportation power to approve State no-fault plans. Prescribes the procedure for an alternative State no-fault plan to become applicable in the State. Requires a State plan to provide for compulsory motor vehicle insurance, payment of benefits regardless of fault on a first-party basis where the value of such available benefits is not less than $2,000, and restrictions on lawsuits in tort by victims for noneconomic loss. Directs the Secretary to annually report on the cost savings from enactment of no-fault plans, methods for refunding such savings to the motoring public, and on the effect of no-fault insurance on court congestion. Authorizes the Secretary to provide grants to any State for the purpose of reimbursing such State for any governmental cost increases resulting from the implementation or administration of a no-fault plan for motor vehicle insurance in accordance with this Act. Authorizes to be appropriated to the Secretary to carry out his responsibilities under this Act such sums as are necessary, not to exceed $10,000,000. Sets forth how benefits may and may not be limited under no-fault plans. States that tort liability is abolished with respect to any injury that takes place in a State in which a no-fault plan for motor vehicle insurance in accordance with this title is in effect prior to such injury, if such injury arises out of the maintenance or use of a motor vehicle, except that an owner of a motor vehicle involved in an accident remains liable if, at the time of the accident, the vehicle was not a secured vehicle. Provides that a person remains liable for damages for noneconomic detriment in excess of $2,500, if the accident results in death, serious and permanent disfigurement, or other serious and permanent injury; or more than 6 continuous months of total disability. Provides that all benefits or advantages that an individual receives, or is entitled to receive, from social security workmen's compenation, any State-required temporary, nonoccupational disability insurance, and all other benefits received by or available to an individual because of the injury, from any government, shall be subtracted from loss in calculating net loss. States that benefits or advantages that an individual receives or is entitled to receive for allowable expense from a source other than no-fault insurance shall be subtracted from loss in calculating net loss for allowable expense, under specified conditions. Requires insurers providing basic restoration insurance to offer additional restoration coverage, including for physical damage to a motor vehicle, a coverage for all collision and upset damage, subject to an optional deductible of not to exceed $100. Title III: Alternative State No-Fault Motor Vehcile Insurance Plan - Provides for an alternative State no-fault plan similar, with specified exceptions, to the one herin outlined. Sets basic limits on benefits. Abolishes tort liability for injuries taking place in a State in which the alternative no-fault plan is in effect, if such injury arises out of the maintenance or use of a motor vehicle. Allows restoration obligors to provide coverage in addition to basic coverages.
United States · United States Congress · 23 January 1975
Sets as a minimum amount of 50 percent (presently 25 percent) the reduced amount of an employee's in-force Federal group life insurance to which such insurance may be reduced by the Civil Service Commission, at age sixty-five or after retirement, based upon the employee's years of service.
United States · United States Congress · 23 January 1975
Provides for emergency loans under the Small Business Act to small business concerns adversely affected by the energy shortage of energy producing materials.
United States · United States Congress · 23 January 1975
Removes the requirement of service on or after the effective date of the National Guard Technicians Act of 1968 as a prerequisite for creditable service for civil service retirement purposes for National Guard technicians. (Amends 5 U.S.C. 8332(b))
United States · United States Congress · 23 January 1975
States that, under such regulations as the President shall prescribe, when an employee of an agency of the United States who is stationed in Alaska, Hawaii, Puerto Rico, Guam, or any territory of the United States is entitled to receive for himself or his immediate family, or both, any specified travel or relocation benefits solely as a result of his claim of actual residence outside the area in which he is stationed, the employing agency may terminate his entitlement to such benefits if: (1) qualified local residents, who are not already employees of an agency of the United States, are eligible and available for employment in the position held by the employee; (2) the initial or renewal period of the employee's current contract or agreement has expired; and (3) the employee refuses, or otherwise indicates that he would not accept, assignment to a comparable position in the continental United States or to any other area in which he claims an actual residence. Provides that the employee may continue in the same position at the same rank and pay without being separated or otherwise subject to a break in service if he certifies that he has become, or has initiated appropriate action to become, a permanent resident of the area in which stationed, and intends to maintain permanent residence in that area. (Adds 5 U.S.C. 5734)
United States · United States Congress · 23 January 1975
Provides for inclusion of the services of licensed (registered) nurses under the medicare and medicaid, titles XVIII and XIX of the Social Security Act.
United States · United States Congress · 23 January 1975
Intergovernmental Consumer Assistance Act - (Intergovernmental Consumer Assistance and Protection Act) - Authorizes appropriations of $5,000,000 for fiscal year 1976, $7,500,000 for fiscal year 1977, and $9,000,000 for fiscal year 1978 for the establishment and strengthening of consumer protection offices of State and local governments. Requires the Advisory Commission on Intergovernmental Relations to assist the Secretary of Health, Education, and Welfare in carrying out the purposes of this Act. Directs the Secretary to allot each possession $10,000 for fiscal year 1975 and each of the two succeeding fiscal years and to allot each State the sums of $50,000, $75,000, and $90,000 for each of the three fiscal years, respectively. Provides that allotments shall be made to each State and possession which has submitted an adequate consumer protection plan that has been approved by the Secretary. Requires each consumer plan to provide for consumer education; consumer research; representation of consumer interests; studying the problems of low income consumers; serving as consumer complaint services to the consumer; mediating consumer-retailer disputes; investigating complaints; cooperating with Federal and State agencies; setting forth fiscal controls and providing that Federal funds be used only in carrying out this plan. Provides that the Federal share of the cost of carrying out a plan submitted by a consumer protection office shall not exceed 75 percent. Authorizes the Secretary to withhold Federal funds for failure to comply with the approved consumer plan. Requires the Secretary to submit a detailed report as part of the annual report of the Department of HEW on the administration of this Act.
United States · United States Congress · 23 January 1975
Declares that it is the policy of the United States, as an employer, to assure that those officials of Executive agencies charged with administrative or supervisory responsibility recognize and protect the personal and individual rights, entitlements, and benefits of employees of, and applicants for employment in, Executive agencies. Provides that an official of an Executive agency may not: (1) require or request an employee or an applicant for employment in an Executive agency to disclose his race, religion, or national origin, or the race, religion, or national origin of any of his forebears; (2) coerce, require, or request an employee to attend or participate in a formal or informal meeting, assemblage, or other group activity held to present, advocate, develop, explain, or otherwise cover in any way, any matter or subject other than the performance of the employee's official duties, or the development of skills, knowledge, or abilities that qualify him for the performance of those official duties; (3) coerce, require, or request any employee to participate in any way in an activity or undertaking unless it is related to the performance of the employees official duties, or to make any report concerning any activity or undertaking of the employee not involving his official duties; (4) require or request an employee, or any applicant for employment, to submit to an interrogation or examination or to take a polygraph or psychological test designed to elicit from the employee or applicant information concerning his personal relationship with any individual related to him by blood or marriage, his religious beliefs or practices, or his attitude or conduct with respect to sexual matters; (5) coerce or require an employee to invest his earnings in bonds or other obligations or securities issued by the United States or by an Executive agency, or to make donations to any institution or cause of any kind, (6) require or request an employee to disclose his property or the property of any member of his family or household; (7) prohibit or restrict the exercise by an employee of the right of reasonable communication with an official of his agency; or (8) in any way remove or suspend an employee for refusal or failure of the employee to submit to or comply with any requirement, request, or action prohibited by the Act, or the exercise by the employee of any right, entitlement, benefit, or other protection granted or secured by the foregoing and the right to request judicial review in a Federal Court of actions against him provided by this Act. Provides that the above shall not apply to: (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Federal Bureau of Investigation; or (4) any other Executive agency as the President in the interest of national security may recommend to the Congress. Provides for a grievance procedure for an employee who claims to be aggrieved by a violation of this Act. Establishes a Board on Employee Rights. Provides that the Board shall hear complaints from employees, or applicants for employment, on alleged violations of the provisions of this Act. Specifies the procedure under which the Board shall operate, including notice to all parties and a prompt hearing. Empowers the Board to make final decisions on all such complaints for purposes of judicial review. Provides that, when an Executive agency is determined to be in violation of the Act, the Board shall have the power: (1) to issue cease and desist orders; (2) to use informal powers of conference, conciliation, and pursuasion; and (3) to issue an official reprimand to or suspend the pay for a maximum of 15 days of the official for his first offense, or suspend his pay for 15 to 60 days or order removal from office of the official for his second offense. Provides that if the Board determines that a violation of this Act has been committed or threatened by an official of an Executive agency subject to the Uniform Code of Military Justice, the Board shall: (1) report such finding to the Secretary of the department involved; and (2) endeavor to eliminate any unlawful act or practice which constitutes such a violation by informal methods of conference, conciliation, and persuasion. Provides that the Secretary of the department involved shall take immediate steps to dispose of the matter under the Uniform Code of Military Justice. Provides that the Board shall make an annual report on its activities to the President for transmittal to Congress. Provides that the Secretary of each military department shall submit an annual report to the President for transmittal to Congress on his activities under this Act. Provides that the Federal district court shall have the power to hear a petition for a review of a dtermination or order of the Board, or a complaint for a trial de novo on the violation or threatened violation of this Act, which was the subject of the determination or order of the Board. Provides that an individual called on to participate in any phase of an administrative or judicial proceeding under this Act shall be free from restraint, coercion, interference, intimidation, or reprisal in the course of, or because of, his participation.
United States · United States Congress · 23 January 1975
Exempts from the literacy requirement provisions for admission to the United States under the Immigration and Nationality Act, the citizens and permanent resident aliens.
United States · United States Congress · 23 January 1975
Provides that no employer shall be deemed to have violated the safety and health standards promulgated under the Occupational Health and Safety Act of 1970 if the violation resulted soley from acts of his employees and the employer was otherwise in full compliance with the standards. Provides that where violations are corrected within the prescribed abatement period no penalty shall be assessed. Provides that the Secretary of Labor, in establishing education and training programs shall conduct orientation meetings of employers and employees when requested to do so by industry or labor groups.
United States · United States Congress · 23 January 1975
Comprehensive Medicare Reform Act - Title I: Revision of Medicare Entitlement and Benefits - Repeals Parts A (Hospital Insurance Benefits for the Aged) and Part B (Supplementary Medical Insurance Benefits for the Aged) of Title XVIII (Health Insurance for the Aged) of the Social Security Act and enacts in lieu of those parts the provisions of this title. Lowers the age for participation in the Insurance Plan (Medicare) provided under title XVIII for specified classes of individuals. Makes the following classes of persons entitled to benefits under such title: (1) specified individuals receiving disability payments; and (2) specified individuals with chronic renal disease. Specifies covered institutional services including, but not limited to: (1) inpatient and outpatient hospital services; (2) skilled-nursing home services; (3) intermediate-care facility services; and (4) home health services. Lists the following covered services: (1) physicians' services (including psychiatric services if provided by a health maintenance organization); (2) dental services; (3) drugs; (4) devices, appliances, and equipment (if the item is prescribed or certified as medically necessary by an appropriate professional practitioner and if it appears on a current list of items established by the Secretary of Health, Education, and Welfare); and (5) other professional and supporting services, including, but not limited to (a) the professional services of optometrists, (b) the professional services of podiatrists, and (c) the diagnostic services of independent pathology laboratories, and diagnostic and therapeutic radiology furnished by independent radiology services. Excludes services and items from coverage under this title, including but not limited to: (1) services furnished outside the United States, with an exception for specified hospital services and related professional services; (2) the furnishing of personal comfort items; (3) purely custodial care; (4) cosmetic services; and (5) services for which the individual has no legal obligation to pay. Provides for the reduction in the amounts otherwise payable under this title from the Medicare Trust Fund with respect to a covered service based upon the applicable amount of coinsurance held by individuals entitled to benefits under this title. Provides for exceptions to the above reductions in the cases of low-income persons, members of low-income families, and specified cases of payment of catastrophic expense benefits. Sets forth a schedule for the degree of payment reduction by type of service to be effectuated by the individual's coinsurance amount. Sets forth an initial table for the determination of income classes for individuals and members of families under this title. Provides for the periodic revision of income classes established under this title. Provides for the periodic revision of the catastrophic expense benefit expenditure limitations set under this title. Provides that payment of covered services provided to an individual by an institutional provider shall be made only to that provider. States that the amount payable to that provider with respect to such services shall be the reasonable cost of the services to the provider governed by the provisions of this title less the amount of any payment of coinsurance. Provides that payment for covered services that were furnished to an individual by a noninstitutional provider shall be made only to: (1) the participating provider who furnished the services, or (2) in the case of emergency services furnished by a nonparticipating provider, either (a) to the individual on the basis of an itemized bill, or (b) to the provider on the basis of an assignment from the individual. Authorizes the Secretary to enter into contracts with carriers under which the carrier, on behalf of the Secretary (and subject to review by the Secretary), will perform administrative functions, including the administration of benefits under this Act. Provides that no contract shall be entered into with a carrier unless the Secretary finds that the carrier will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent. Creates the Medicare Trust Fund which shall consist of the assets and liabilities of the Federal Hospital Insurance Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes to be appropriated to the Trust Fund a Government contribution in an amount, as estimated by the Board of Trustees, which when added to other income and assets of the Trust Fund will make the Trust Fund sufficient for the prompt payment of all amounts required or authorized by law to be paid therefrom. Authorizes the Board to borrow funds from the Treasury, pending the approval by Congress of the Government contribution, if the Board determines that the amount of the Trust Fund is insufficient to make all required payments in the next three calendar months. Creates an Institutional Provider Reimbursement Review Board to hear disputes presented by any institutional provider of services which has filed a required cost report (for purposes of reimbursement) within the time specified in regulations if: (1) the provider is dissatisfied with a final determination of the organization serving as its fiscal intermediary as to the amount of total program reimbursement due the provider for the items and services furnished to individuals for which payment may be made under this title for the period covered by the report; (2) the amount in controversy is $10,000 or more; and (3) the provider files a request for a hearing within 180 days after notice of the intermediary's final determination. Title II: Health Insurance Taxes - Defines the term "employment" for purposes of the health insurance tax provisions of the Internal Revenue Code of 1954. Provides for the exclusion of employer payment of employee taxes from employees' gross income as determined under such provisions of such Code. Title III: Studies Related to Long-Term Care - Authorizes the Secretary of Health, Education, and Welfare, the Secretary of Housing and Urban Development, and the Secretary of Labor to conduct a joint study on the subject of health related and other long-term institutional care. Authorizes additional studies by the Secretary of Health, Education, and Welfare and the Secretary of Housing and Urban Development concerning the provision of social services to enable elderly persons to live in their own homes. Requires the Secretaries to submit reports to the President and the Congress not later than two years after the date of enactment of this Act.
United States · United States Congress · 23 January 1975
Provides, under the Immigration and Nationality Act, that no person shall be naturalized as a citizen of the United States on his own petition unless he demonstrates an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language. States that no unreasonable conditions shall be imposed upon the applicant. Enumerates exceptions to the provisions of this Act, including any applicant who is otherwise qualified to be naturalized and who: (1) is over fifty years of age and has been living in the United States for twenty years; and (2) is physically unable to comply with the requirements of this Act. Provides that no person shall be naturalized as a citizen of the United States upon his own petition unless he demonstrates a knowledge and understanding of the fundamentals of the history and the principles and form of government of the United States.
United States · United States Congress · 23 January 1975
New American Health Services Act - Authorizes the Secretary of Health, Education, and Welfare to make grants to the individual States for the purpose of insuring high quality comprehensive health services for immigrants residing in the United States through the establishment and support of: (1) health services projects; (2) counseling and educational programs; and (3) related evaluation efforts. Requires each State to submit a formal State plan for the provision of health services to immigrants to the Secretary for approval. Sets forth requirements to be met by State plans. States that the Secretary shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the States. Stipulates that in making grants under this Act, priority shall be given to those applicants who demonstrate a capability to provide preventive health services such as, but not limited to: (1) dental services; (2) family planning services; (3) home health services; (4) nutritional services; (5) public health nursing services; and (6) vision services. Authorizes appropriations for the purpose of carrying out this Act, $50,000,000 for fiscal year ending June 30, 1976, $70,000,000 for the fiscal year ending June 30 1977, and $80,000,000 for the fiscal year ending June 30, 1978.
United States · United States Congress · 23 January 1975
Requires that, under the Truth in Lending Act, a finance charge may not be imposed under an open end credit plan for any period unless a statement of the outstanding balance upon which the finance charge for that period is based is mailed at least twenty-one days prior to the date by which payment must be made in order to avoid imposition of that finance charge. (Adds 15 U.S.C. 1637(d))
United States · United States Congress · 23 January 1975
Provides an exemption from income taxation under the Internal Revenue Code for cooperative housing corporations and condominium housing organizations if: (1) membership in such organization is limited to the owners of units within the project; (2) such owners are entitled to receive distribution from the organization only upon its liquidation; and (3) 80 percent or more of the gross income of the organization represents payments received from owners of units in the project.
United States · United States Congress · 23 January 1975
Bilingual Health Opportunities Act - Authorizes appropriations for fiscal year 1974 and each of the three succeeding fiscal years of such sums as may be necessary to establish up to four bilingual health training clinical centers in communities where a substantial proportion of the residents is of limited English-speaking ability. Directs the Secretary of Health, Education, and Welfare to arrange for the conduct of a study or studies to determine the effectiveness of health education institution admissions examinations in evaluating accurately the potential and ability of the student applicant of limited English-speaking ability to participate in and benefit from the educational program, taking into account the need to eliminate any cultural bias in the presentation of admissions examinations.
United States · United States Congress · 23 January 1975
Food Supplement Amendment - Defines the term "food supplement" for purposes of the Federal Food, Drug, and Cosmetics Act to mean food for special dietary uses, and defines the meaning of "special dietary uses" as particular uses of food for man which meets specified requirements. Provides that in administering such Act the Secretary of Health, Education, and Welfare: (1) shall not limit the potency, number, combination, amount, or variety of any synthetic or natural vitamin, mineral, substance, or ingredient of any food supplement unless such article is intrinsically injurious to health in the recommended dosage; and (2) shall not require a warning label on any food supplement unless such article is intrinsically injurious to health in the recommended dosage.
United States · United States Congress · 23 January 1975
Excludes from gross income under the Internal Revenue Code the first $750 of interest received on deposits in a bank (as defined under the Internal Revenue Code).
United States · United States Congress · 23 January 1975
Extends the provisions and coverage of the War Hazards Compensation Act with respect to the injury, disability, or death resulting from injury to a civilian American citizen occurring during World War II, to the same extent as if such civilian American citizen were an employee within the purview of the Act. Specifies the benefits to which such civilians are entitled. States that if a civilian American citizen or his dependent has received from the United States any payments on account of the same injury or death, or from his employer any support or compensation for such injury or death, the benefits extended under this Act shall be diminished by the amount of such payments. Provides that this Act shall have retroactive effect to December 7, 1941, and the right to benefits shall be held to have begun to accrue as of that date. (Adds 50 App. U.S.C. 2004(j))
United States · United States Congress · 23 January 1975
Establishes an executive department to be known as the Department of Education to be headed by a Secretary appointed by the President, by and with the advice and consent of the Senate. Declares that the purpose of the Department is to promote the cause and advancement of education throughout the Nation. Enumerates the responsibilities of the Secretary, including: (1) to advise the President with respect to the progress of education; (2) to develop and recommend to the President appropriate policies and programs to foster the orderly growth and development of the Nation's educational facilities and resources; (3) to conduct continuing comprehensive surveys, collect data, and make available findings, on the progress of education; and (4) to provide information and such other assistance as may be authorized by the Congress to aid in the maintenance of efficient school systems. Grants to the Secretary the appropriate administrative powers to carry out the purposes of this Act. Provides for the orderly transfer of the United States Office of Education from the Department of Health, Education, and Welfare to the Department of Education. Requires the Secretary to make an annual report to the President and the Congress on the activities of the Department during the preceding calendar year. Authorizes to be appropriated such sums as are necessary to enable the Department to carry out the provisions of this Act.
United States · United States Congress · 23 January 1975
Allows and income tax credit under the Internal Revenue Code for the expenses of higher education paid by the taxpayer during the taxable year for the higher education of any individual in the following amounts: (1) 75 percent of so much of the expenses as does not exceed $200, (2) 50 percent of the expenses as exceeds $200 but does not exceed $500, and (3) 25 percent of so much of such expenses as exceeds $500 but does not exceed $1,500. Provides for the proration of such credit between taxpayers where more than one taxpayer pays the expenses. States that the amounts otherwise taken into account for determination of such credit shall be reduced by the amount of any scholarships, fellowship grants, or veterans' educational benefits received during the taxable year.
United States · United States Congress · 23 January 1975
Peace Act - Title I: Department of Peace - Establishes the Department of Peace within the Executive Department of the Government to promote the advancement of peace in this Nation and throughout the world. Provides for the appointment of a Secretary of Peace, Under Secretary, four Assistant Secretaries, and a General Counsel by the President with the advice and consent of the Senate. Requires the Department of Peace to make recommendations to the President for the pacific settlement of current international controversies in which the United States Government has or claims an interest. Provides for the transfer of functions of certain other agencies to the Department of Peace. Gives the Secretary powers to administer and carry out the provisions and objectives of this Act. Requires the Secretary to make an annual written report to the President for submission to the Congress on the activities of the Department for each year. Continues in effect all orders, determinations, rules, and proceedings, regulations, permits, contracts, etc., which are in effect at the time of this Act and transferred to the Department of Peace from another agency. Directs the Secretary to submit to the Congress within two years after the enactment of this Act a proposed codification of all laws which contain functions transferred to the Secretary. Title II: National Peace Academy - Establishes a "National Peace Academy" within the Department of Peace to furnish training and instruction to prepare U.S. citizens for service in positions in the field of international understanding and peace. Provides for the appointment of officers, staff, and instructors by the Secretary as the Academy may require. Creates a Board of Trustees consisting of 15 members to administer the operation of the Academy. Requires the Board to make an annual written report to the President of its action and recommendations pertaining to the Academy within 60 days after its annual visit to the Academy. Grants admission to the Academy to 150 students on the basis of merit who are U.S. citizens and have received a bachelor's degree from a college or university. Grants fellowships and travel and transportation allowances to students of the Academy. Requires each student selected for admission to sign an agreement to complete the course of instruction and to accept an appointment and service as an officer or employee of the United States or employment with an international peace organization. Authorizes appropriations to carry out this title. Gives the Academy power to acquire and hold real and personal property. Title III: Joint Committee on Peace and International Cooperation - Establishes a Joint Committee on Peace composed of 14 members of Congress (7 from each House) to: (1) make a continuing study of matters relating to the Department of Peace, (2) study means of coordinating programs, and (3) file an annual report with Congress containing its findings and recommendations with respect to the Department of Peace. Gives the Joint Committee power to hold hearings. Authorizes an appropriation of $200,000 each fiscal year to carry out this title.
United States · United States Congress · 23 January 1975
Provides, under the National Labor Relations Act, that it shall be an unfair labor practice for an employer to advertise by means of specified methods for employees during a strike unless such advertisement states that a labor dispute exists and contains the name of the person making such advertisement.
United States · United States Congress · 23 January 1975
Allows a business tax deduction under the Internal Revenue Code for expenses incurred for the care of one or more dependents if such care is for the purpose of enabling the taxpayer to carry on a trade or business, including the performance of services by the taxpayer as an employee.
United States · United States Congress · 23 January 1975
Requires the Secretary of Labor, under the Occupational Safety and Health Act of 1970, to recognize the difference in hazards to employees between the heavy construction industry and the light construction industry in promulgating health and safety standards.
United States · United States Congress · 23 January 1975
Establishes, under the National Foundation on the Arts and the Humanities Act, the office of Poet Laureate of the United States. Provides that the Poet Laureate shall be appointed by the President for a term of five years and shall be a poet whose works reflect those qualities and attributes that are associated with the historical heritage, present achievement, and future potential of the United States.
United States · United States Congress · 23 January 1975
Directs the Secretary of the Army to provide memorial plots in national cemeteries for former members of the Armed Forces whose remains are determined to be nonrecoverable. Permits the adjacent burial of the surviving spouse, minor child, and unmarried adult child at the discretion of the Secretary of such former members.
United States · United States Congress · 23 January 1975
Makes it an unlawful employment practice under the Civil Rights Act to discriminate against individuals who are physically handicapped because of such handicap.
United States · United States Congress · 23 January 1975
Provides procedures for redressing grievances of members of the Armed Forces. Prohibits and makes punishable by confinement the following acts when committed by a member of the Armed Forces: the maintenance of unsafe and unsanitary military penal facilities; brutal treatment or cruel and unusal punishment of a prisoner in a military penal facility; brutal treatment of another member of the Armed Forces under color of duty; and denial of constitutional rights to another member of the Armed Forces. Creates a United States Military Justice Commission, to be composed of 11 Presidential appointees and headed by a Chairman, who will be responsible for all administrative operations of the Commission. Establishes the position of Commission General Counsel, who will have final authority with respect to the investigation of complaints. Gives the Commission jurisdiction to determine complaints concerning the offenses listed above, and to adjudge punishment for the violation. Gives the commission the discretion to initiate investigations to determine whether violations have occurred. Prescribes the procedure for filing complaints, for the Commission's action on a complaint, and pretrial and trial procedure. Grants the Commission exclusive jurisdiction over the violations listed above, except for the authority of the United States civil courts to grant writs of habeas corpus. Provides for an annual review and study of the operation of these provisions. Establishes a United States Court of Military Grievances, to consist of 3 judges appointed by the President with the advice and consent of the Senate. Provides that the Court will review the record in cases where a Commission sentence affects a general or flag officer; cases decided by the Commission and sent to the Court for review; and cases decided by the Commission on which the Court grants review. Permits the Court to order a rehearing or dismiss the charges.
United States · United States Congress · 23 January 1975
Permits Members of Congress and Federal employees to purchase into the civil service retirement system those benefits unduplicated in any other retirement system based on employment in Federal programs operated by State and local governments under Federal funding and supervision.
![Official portrait of Sen. Matsunaga, Spark M. [D-HI]](https://www.congress.gov/img/member/m000250_200.jpg)