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United States · Official source
206 records where Sen. McClellan, John L. [D-AR] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 17 September 1975
Allows a tax deduction under the Internal Revenue Code of up to $1000 for amounts paid by a taxpayer for tuition to provide an education for himself or for another individual.
United States · United States Congress · 31 July 1975
Patent Act - Provides for the general revision of the Patent laws, title 35 of the United States Code.
United States · United States Congress · 31 July 1975
Title I: Rice Allotments and Price Support - Rice Production Act - Directs the Secretary of Agriculture, under the Agricultural Adjustment Act of 1938, to establish for each of the 1976 and 1977 rice crops a national acreage allotment of 1,800,000 acres. States that the national acreage allotment shall be apportioned, for each crop of rice, by the Secretary to farms and producers on the basis of allotments established for the 1975 crop. Provides for reserving a portion of the rice allotment for apportionment to new rice farms and new rice producers. Sets forth criteria for reducing or withdrawing entirely the rice allotment of a farm or producer which plants to rice less than the total acreage allotted to it for that crop. Defines exceptions to such criteria. Authorizes the Secretary to transfer for any year because of natural disaster all or a part of such rice acreage for any farm in the county or in any other nearby county on which one or more producers on the farm from which the transfer is to be made will be engaged in the production of rice and will share in the proceeds in accordance with such regulations as the Secretary may prescribe. Directs the Secretary to permit the owner and operator of any farm for which a farm acreage allotment has been established to sell or lease all or any part to any other owner or operator of a farm in the same administrative area, or to transfer all or any part of such allotment to any other farm owned or controlled by him in the same administrative area. Provides for the apportionment among the heirs of a rice producer of the farm rice acreage allotment of such producer in States in which the allotment is based on past production of rice. Provides for apportionment of acreage upon dissolution of a partnership in such States. Provides for the voluntary surrender to the county committee of a portion of a farm's rice acreage allotment. States that any acreage planted to rice in excess of the farm or producer acreage allotment in the crop years 1975 and 1977 shall not be taken into account in establishing farm or producer acreage allotments in any year following such period. Establishes, under the Agricultural Act of 1949, the price to be used in making payments on rice under the price support program. Sets the price for the 1976 crop at $8 per hundredweight, adjusted for economic and agricultural factors designated in this Act. Bases the 1977 price on the price paid in 1976 as adjusted. Directs the Secretary to make loans and purchases on the 1976 rice crop available to producers who are in cooperation with the rice acreage allotment at a rate of $6 per hundredweight as adjusted for economic and agricultural factors. Bases 1977 loans and purchases on the price paid in 1976 as adjusted. Directs the Secretary to make payments available to cooperators for each of the 1976 and 1977 rice crops. Sets forth criteria for determining the rate of such payments and the total amount of such payments to a cooperator. Directs the Secretary to provide for a set-aside of cropland for a rice crop if an excessive supply of rice for the marketing year under consideration is predicted. Declares that, if set-aside conditions are in effect, cooperators, as a condition of eligibility for payments, loans, and purchases must set aside and devote to conservation uses an acreage of cropland specified in this Act. Authorizes the raising of specified crops other than rice on set-aside acreage. Limits to $55,000 the total amount of payments which a person shall be entitled to receive during a crop year under this rice program. Makes inapplicable to the 1976 and 1977 crops of rice those sections of the Agricultural Adjustment Act of 1938 which regulate the apportionment of the national acreage allotment and marketing quotas with respect to rice. Title II: Rice Research - Authorizes the Secretary of Agriculture to carry out regional and national research programs with respect to rice for specified purposes, including: (1) to reduce fertilizer and herbicide usage in excess of production needs; (2) to develop varieties of rice more susceptible to complete fertilizer utilization; and (3) to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities. Authorizes the appropriation of up to $1,000,000 in any fiscal year to carry out such research. Title III: Miscellaneous - Provides, under the Agricultural Act of 1949, that for the 1975 through 1977 crops of rice, a cooperator shall be a person who has a rice acreage allotment, and, if a set-aside is in effect, who has set aside the acreage required.
United States · United States Congress · 30 July 1975
Securities Protection Act - Declares it to be the finding of Congress that criminal dealings in marketable securities affect interstate and foreign commerce, and that such dealings are harmful to the national economy. Declares the following activities to be crimes under the criminal laws of the United States and establishes fines and prison sentences for: (1) forging or counterfeiting of marketable securities and possession thereof; (2) possession of stolen United States marketable securities; (3) theft and unlawful possession of marketable securities; and (4) use of stolen or counterfeit marketable securities at a financial institution. Defines terms used in this Act. States that the United States Secret Service shall investigate the forging and counterfeiting of marketable securities, and the possession of stolen United States marketable securities.
United States · United States Congress · 29 July 1975
Crime Control Act - Provides, under the Omnibus Crime Control and Safe Streets Act, that any unused funds reverting to the Law Enforcement Assistance Administration shall be available for reallocation among the States as determined by the Administration. States that law enforcement grants to States may be used for the development, demonstration, evaluation, and purchase of methods and facilities designed to strengthen the court system. Authorizes the Law Enforcement Assistance Administration to waive State liability and pursue necessary legal remedies in cases where a State does not have an adequate forum to enforce grant provisions imposing liability on Indian tribes. Permits the Administration to increase the Federal share of grants to Indian tribes or other aboriginal groups where it is determined that sufficient funds are not available to meet the local share of costs. Authorizes the Attorney General to establish an Advisory Board to the Administration to review programs for grants in the areas of law enforcement and criminal justice. Authorizes appropriations of specified sums through fiscal year 1981 to meet the purposes of this Act and of the Juvenile Justice and Delinquency Prevention Act.
United States · United States Congress · 29 July 1975
Revises the Clean Air Act by extending through 1981 the interim standards applicable to emissions of carbon monoxide, hydrocarbons and oxides of nitrogen from light vehicles manufactured during 1975.
United States · United States Congress · 22 July 1975
Combined Old-Age, Survivors, and Disability Insurance - Income Tax Reporting Amendments - Directs the Secretary of the Treasury to make available specified tax returns to the Secretary of Health, Education, and Welfare. Empowers the Secretary of HEW and the Secretary of the Treasury to enter into an agreement for the processing of information contained in such returns. Requires the Secretary of the Treasury to provide to the Secretary of HEW any documents they agree are necessary for such processing. Directs the Managing Trustee of the Trust funds established pursuant to the Social Security Act, including the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, to pay into the Treasury the amounts he and the Secretary of HEW estimate will be expended from the general fund of the Treasury by the Departments of HEW and Treasury for the administration of (1) titles II and XVIII of the Social Security Act, and (2) specified chapters and subchapters of the Internal Revenue Code. Requires the Secretary of HEW to apportion (between each trust fund and the general fund in the Treasury) the costs of administrating titles II, XVI and XVIII of the Social Security Act and its costs in carrying out specified functions of this Act. Revises the formula by which the adjustment to the contribution and benefit base is to be computed following an increase in social security benefits.
United States · United States Congress · 21 July 1975
Indochina Refugee Children Assistance Act - Defines terms used in this Act. Directs the Commissioner of Education to make grants to State and territorial educational agencies for the public education of Vietnamese and Cambodian refugee children. Sets forth a formula for determining the amount of such grants. States that no such grants may be made unless the State submits an application to the Commissioner containing specified information and assurances that such payments will be distributed among local educational agencies within that State in direct proportion to the number of Indochinese refugee children served by each such local educational agency. Authorizes supplementary assistance grants of $300 per child to any State educational agency which provides for the unique educational needs of Indochinese refugee children who are aged five to seventeen, inclusive. Authorizes appropriations for basic entitlement grants of $57,000,000 for fiscal year 1976, $14,500,000 for the period beginning January 1, 1976 and ending September 30, 1976, and $29,000,000 for fiscal year 1977. Authorizes specified appropriations for supplementary assistance grants.
United States · United States Congress · 7 July 1975
Requires States to permit motor vehicle drivers to turn right on red lights as a condition for receiving Federal funds under the Federal-Aid Highway Act.
United States · United States Congress · 5 June 1975
Defines the term "navigable waters", for purposes of the Federal Water Pollution Control Act, as it applies to Corps of Engineers authority and responsibility to regulate the discharge of dredged or fill material.
United States · United States Congress · 5 June 1975
Disapproves specified regulations of the Department of Health, Education, and Welfare relating to nondiscrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance.
United States · United States Congress · 13 May 1975
Emergency Rail Transportation Improvement and Employment Act - Declares it to be the purpose of this Act to authorize the Secretary of Transportation in consultation with the Secretary of Labor to provide financial assistance to eligible applicants, for programs aimed at reducing unemployment and at repairing, rehabilitating, or improving essential railroad roadbeds and facilities. Directs the Secretary of Transportation to provide financial assistance in the form of grants to eligible applicants for projects that involve the repair, rehabilitation or improvement of railroad roadbeds and facilities that best fulfill specified objectives. Provides that such grants shall be expended for the payment of wages. Authorizes the Secretary to provide financial assistance to eligible applicants for materials and equipment assistance, upon assurances that other financing is not available. Sets forth guidelines and procedures for grant and other financial assistance applications. Sets forth employment priorities applicable to projects financed under this Act. Authorizes to be appropriated $600,000,000 for the payment of wages, $100,000,000 for materials and equipment assistance, and $7,000,000 for administrative expenses, to remain available for obligation until December 31, 1976.
United States · United States Congress · 1 May 1975
American Folklife Preservation Act - Creates an American Folklife Center in the Library of Congress. Provides that the center shall be subject to the supervision and direction of a board of trustees. Specifies the composition of the board, including: four members appointed by the President, and seven members appointed by the Librarian of Congress. Directs the Librarian to appoint a Director of the Center. Authorizes the Center to establish and implement a program of contracts, grants, loans and scholarships to promote and support American folklife traditions and arts. Provides that no payment shall be made pursuant to this Act to carry out any research or training over a period in excess of two years, with specified exceptions. Provides that no former employee of the Federal government shall be eligible to receive any grant or other assistance under this Act in the two year period following the termination of such employment. Requires the Center to submit to the Librarian of Congress, for inclusion in his annual report to the Congress, an annual report of its operations under this Act. Authorizes to be appropriated to the Center to carry out the provisions of this Act $167,750 for fiscal year 1976, $710,000 for fiscal year 1977, and $1,716,000 for fiscal year 1978.
United States · United States Congress · 29 April 1975
Provides, under the Federal Rules of Evidence, that a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning such statement, and such statement is one of identification of a person made after perceiving him.
United States · United States Congress · 28 April 1975
Authorizes the Secretary of Agriculture, because of natural disaster to a farm or portion thereof, to transfer land allocated to peanut acreage to another farm in the county when each crop cannot be timely planted or replanted in such year.
United States · United States Congress · 24 April 1975
Increases from $550,000 to $2,725,000 the amount authorized to be appropriated for the development of the Arkansas Post National Memorial.
United States · United States Congress · 23 April 1975
Authorizes the expenditure of $200,000 by the Senate Committee on Appropriations from the contingent fund of the Senate during the 94th Congress.
United States · United States Congress · 23 April 1975
Authorizes the Senate Committee on Appropriations to procure the services of consultants. Directs that funds for such services shall be limited to funds appropriated for expenses of inquiries and investigations.
United States · United States Congress · 15 April 1975
Rail Transportation Improvement and Employment Act - Authorizes the Secretary of Transportation to provide financial assistance for programs to reduce unemployment and to repair, rehabilitate, and improve railroad roadbeds and facilities. Provides that, within 60 days after enactment, the Secretary shall make funds available to any railroad which has laid off, furloughed, or otherwise reduced the number of maintenance-of-way and signal system maintenance employees between the period from June 1, 1974, through April 15, 1975, to the extent necessary to enable such a railroad to hire and maintain until June 1, 1976, sufficient numbers of such employees at prevailing wages to restore the size of its repair and rehabilitation work force to the maximum level maintained between June 1, 1974, and April 15, 1975. Requires that such employees be utilized by the railroad for priority categories of work as specified in this Act. Authorizes the Secretary until December 31, 1976, to provide financial assistance in the form of grants to States, political subdivisions, the Appalachian Regional Commission, or Regional Action Planning Commissions for a rehabilitation program involving a facility within the categories set out in this Act. States that in reviewing the applications for financial assistance, the Secretary shall consider specified criteria, including: (1) the extent to which the proposed project meets the objectives of this Act; and (2) the severity of unemployment in the affected area and the impact that the proposed project is likely to have on that unemployment. Establishes an Advisory Commission to assist the States, political subdivisions, and regional commissions in identifying eligible roadbeds and facilities and in formulating and submitting appropriate grant applications. Sets forth objectives and priority categories and eligibility requirements by grants. Authorizes the Secretary to provide financial assistance to be expended solely for the acquisition of materials or equipment necessary or appropriate for implementing or carrying out a repair, rehabilitation, or improvement program or project receiving or approved to receive Federal financial assistance pursuant to this Act. Directs that no contract or agreement for the performance of work receiving Federal financial assistance shall be entered into under this Act without assurances that required labor standards shall be maintained in the performance of such work. Requires that all laborers and mechanics employed by railroads, contractors, and subcontractors in the performance of work done with the aid of such financial assistance shall be paid wages at rates not less than those prevailing on similar work in the locality, as determined in accordance with the Davis-Bacon Act. Authorizes the Secretary to issue regulations to the extent necessary to administer the provisions of this Act. Requires that each recipient of assistance under this Act, directly or indirectly, regardless of form, shall maintain such records as the Secretary shall prescribe. States that the Secretary may conduct cost and benefit assessment studies of various programs under this Act. Authorizes the appropriation of an amount not to exceed $600,000,000 for the purposes of this Act, of which not more than $7,000,000 shall be available to the Secretary for administrative expenses in implementing this Act, such sums to remain available until expended. Authorizes the appropriation of an addition $100,000,000 for materials and equipment assistance as provided by this Act, such sums to remain available until expended.
United States · United States Congress · 21 March 1975
Authorizes the Secretary of Transportation to make a loan of $100,000,000 to the Chicago, Rock Island and Pacific Railroad Company. Requires the Secretary to obtain satisfactory assurance from the company that no less than two-thirds of such loan will be utilized for capital expenditures or expenditures for maintenance of property within three years from the date of the loan. Directs the Secretary to obtain the best security practicable from the Company as assistance for the loan. Provides that the Secretary shall determine the rate of interest which the loan shall bear. Directs the Secretary to formulate appropriate regulations to carry out the purposes of this Act. Authorizes the Secretary to take such enforcement action as he deems appropriate. States that the Secretary shall, within one year after the enactment of this Act, report to the President and the Congress with respect to his activities pursuant to this Act. Gives the Comptroller General of the United States access to such information as he determines necessary to audit financial transactions of the Secretary. Authorizes appropriation of such sums as may be necessary to carry out this Act in addition to the amount set forth for the loan.
United States · United States Congress · 13 March 1975
Authorizes the President to proclaim the week of May 25 to 31 as "National American Institute of Banking Week".
United States · United States Congress · 7 March 1975
Directs the Secretary of Commerce, during intervals between decennial censuses of population, to produce and publish for each State, county, and local unit of government with a population of 50,000 or more current data on total population. Authorizes the Secretary to make surveys on subjects (other than population) covered by the censuses provided for in this title. Requires that data most recently produced and published shall be used in the administration of any law of the United States in which population is used to determine the amount of benefit received by State and local units of general purpose government. Directs the Secretary and the Director of the Office of Management and Budget to jointly initiate the development of uniform methods and procedures in producing statistical information used in effecting the delivery of Federal benefits to State and local governments and report progress toward the development of such procedures not later than one year after enactment of this Act. Specifies that this Act does not limit the present authority of the Office of Management and Budget to develop statistical standards. (Amends 13 U.S.C. 181; Adds 13 U.S.C. 182, 183, 184)
United States · United States Congress · 4 March 1975
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 and 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) that 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) that there be no recession to Panama, or other divestitute of any United States owned peroperty, tangible or intangible, without prior authorization by the Congress (House and Senate), as provided in article IV, section 3, clause 2 of the United States Constitution.
United States · United States Congress · 3 March 1975
Antitrust Law Labor Amendments - Removes statutory limitations upon the application of the Sherman Act to labor organizations and their activities. States that every contract or agreement between any labor organization and any employer whereby such employer undertakes to cease or to refrain from using, selling, handling, transporting, or otherwise dealing in any of the products of any producer, processor, or manufacturer which are distributed in trade or commerce among the several States, or with foreign nations, is declared illegal. Provides that every person who enters into, attempts to enter into, or conspires with any other person to enter into any such contract or agreement shall be punished by a fine not exceeding $1,000,000 if a corporation, or, if any other person, $100,000 or by imprisonment not exceeding three years or both.
United States · United States Congress · 24 February 1975
Directs the Secretary of the Army, acting through the Chief of the Army Corps of Engineers, to acquire easements in lieu of fee title for preservation of fish and wildlife habitat whenever he has been authorized to acquire land in mitigation of losses or damage to fish and wildlife resulting from Federal improvements, where the lands designated for acquisition consist of hardwood forested areas of the lower Mississippi River. States that such easements shall prohibit clearing of the land for any purpose inconsistent with the maintenance of wildlife habitat, except that the landowner may harvest timber on a selective basis or otherwise manage the land so as to provide food and habitat for wildlife.
United States · United States Congress · 20 February 1975
Beef Research and Consumer Information Act - Declares that it is the purpose of this Act to enable cattle producers to establish, finance, and carry out a coordinated program to improve markets for cattle, beef and beef products, and to provide an adequate supply of high quality beef to the consumers of the Nation at reasonable prices. Authorizes the Secretary of Agriculture to issue beef research and promotion orders. Provides that such orders shall be issued only after due notice and opportunity for hearing shall have been given to producers and producer organizations, and after the Secretary shall have determined that the issuance of such an order will effectuate the declared policy of this Act. Declares that such order shall not take effect until approved by a majority of two-thirds of the cattle producers voting in a referendum. Establishes a Beef Board to administer the Order in accordance with its terms and provisions, to make rules and regulations to effectuate the terms and provisions of the Order, to receive, investigate and report complaints of violations of the Order, and to recommend to the Secretary amendments to the Order. Lists the procedures for appointing members of such board. Requires that any plans for advertising, sales promotion, consumer education, producer education, research, and the annual budget be developed by the Beef Board and submitted to the Secretary of Agriculture for approval. Empowers the Beef Board to enter into contracts or agreements for the development and carrying out of the activities authorized under the Order. Declares that producers of cattle shall be assessed at a specific rate to be determined by stated procedures. Provides that each time cattle are sold, the cattle producer shall pay to the purchaser the amount assessed, based upon the sale price of the cattle. Provides that any cattle producer against whose cattle or beef any assessment is made and collected shall have the right to demand and receive from the Beef Board a refund of such assessment. Declares that nothing in this Act shall be construed to pre-empt or interfere with the workings of any beef board, beef council, or other beef promotion entity organized and operating within and by authority of any of the several states. Provides for the return to any such beef board or council of an amount to be determined by a stated formula. Stipulates that to qualify for the funds, such a state beef board, beef council or other beef promotional entity shall demonstrate ability to provide research, promotion and education within the state consistent with this Act and Order. States that each purchaser, handler or agent may be required to report to the Beef Board periodically concerning number of cattle handled, amount assessed, sale price of cattle on which assessment was collected, and other information necessary for the enforcement of this Act. Declares that this Act and any order issued pursuant to it may be enforced in the District Courts of the U.S., with the U.S. Attorney General having authority to bring any Civil suits authorized under the Act. Provides for a fine of not more than $1,000 for violations of this Act and any orders issued pursuant to it. Stipulates that no funds collected by the Beef Board shall in any manner be used for the purpose of influencing governmental policy or action. Authorizes to be appropriated such funds as are necessary to carry out the provisions of this Act. Stipulates that funds so appropriated shall not be available for payment of the expenses or expenditures of the Beef Board in administering any provisions of any order issued pursuant to the terms of this Act.
United States · United States Congress · 18 February 1975
Divides the fifth judicial circuit into the eastern division and the western division. Designates Alabama, Florida, Georgia, Mississippi, and the Canal Zone as the eastern division; and designates Louisiana and Texas as the western division. Divides the ninth judicial circuit into the northern division and the southern division. Designates Alaska, the eastern and northern judicial districts of California, Hawaii, Idaho, Montana, Oregon, Washington, and Guam as the northern division. Designates Arizona, the central and southern judicial districts of California, and Nevada as the southern division. Directs the President to appoint three additional judges for the Eastern Division of the Fifth Circuit, five additional judges for the Western Division of the Fifth Circuit, two additional judges for the Northern Division of the Ninth Circuit, and five additional judges for the Southern Division of the Ninth Circuit. Provides that in any circuit consisting of two divisions in which there exists a conflict between the decisions of the two divisions on an issue, there shall be convened a joint en banc panel to review such conflict. Makes specified technical amendments to carry out the provisions of this Act. Provides that this Act shall become effective on January 1, 1976.
United States · United States Congress · 18 February 1975
Grants a renewal of patent numbered 55,398 relating to the badge of the American Legion Auxiliary.
United States · United States Congress · 18 February 1975
Grants a renewal of patent numbered 92,187 relating to the badge of the Sons of the American Legion.
United States · United States Congress · 18 February 1975
Grants a renewal of patent numbered 54,296 relating to the badge of the American Legion.
United States · United States Congress · 7 February 1975
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 · 5 February 1975
Requires, under the Federal Meat Inspection Act, that imported meat and meat food products made in whole or in part of imported meat be labled "imported" at all stages of distribution until delivery to the ultimate consumer.
United States · United States Congress · 3 February 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 shall not limit the potency, number, combination, amount, or variety of any synthetic or natural vitamin, mineral, or other nutritional substance, or ingredient of any food for special dietary uses if the amount recommended to be consumed does not ordinarily render it injurious to health.
United States · United States Congress · 30 January 1975
Provides that messages received in the Senate and bills and resolutions introduced with respect to such messages shall be referred concurrently to the Appropriations Committee, to the Budget Committee, and to any other appropriate authorizing committee. States that if any committee to which a bill or resolution has been referred recommends its passage, the Appropriations Committee shall report that bill or resolution together with its views and reports of the Budget and any appropriate authorizing committees to the Senate within specified time intervals.
United States · United States Congress · 23 January 1975
Designates November 11 of each year as Veterans Day. Provides that such day shall be a legal public holiday.
United States · United States Congress · 23 January 1975
Provides that no new tariff, fee or other charge, no increase in existing tariffs, fees or other charges, and no new quota or other limitation on imports of crude oil or petroleum products other than those in effect on January 1, 1975, may be imposed unless: (1) such action is specifically authorized by law enacted after the date of enactment of this joint resolution; or (2) the specific action proposed to be taken is submitted to both Houses of the Congress. States that if such action is disapproved by either House within the thirty-day review period, no officer or agency shall have authority to take any action inconsistent with the provisions of this joint resolution.
United States · United States Congress · 15 January 1975
Provides that income from the entertainment activities held in conjunction with a public fair conducted by nonprofit organizations and civic leagues or labor, agricultural, or horticultural organizations shall not be unrelated trade or business income (and therefore shall not be subject to taxation under the Internal Revenue Code) and shall not affect the tax exemption of the organization.
United States · United States Congress · 15 January 1975
Title I: General Revision of Copyright Law - Provides for the general revision of the Copyright Law, title 17 of the United States Code. Title II: Protection of Ornamental Designs of Useful Articles - Design Protection Act - Provides that the author or other proprietor of an original ornamental design of a useful article may obtain the protection of this title by complying with the enumerated provisions of this title.
United States · United States Congress · 15 January 1975
Provides annuity benefits for survivors of Federal judicial officers. Sets forth the definitions of "judicial officials" and "retirement salary" as used in this Act. Provides that judicial officials are entitled to the same survivor annuity benefits as survivors of Members of Congress, with specified limitations. States that nothing in this Act shall be construed to prevent an eligible widow from simultaneously receiving an annuity under this Act and any annuity to which she would otherwise be entitled. Transfers, from the Secretary of the Treasury, all assets credited to the judicial survivors annuity fund to the Civil Service Retirement and Disability Fund. Abolishes the judicial survivor annuity fund. (Adds 5 U.S.C. 8341A)
United States · United States Congress · 15 January 1975
Provides for cost-of-living adjustments in the retirement pay of Federal judges. (Amends 28 U.S.C. 373)
United States · United States Congress · 15 January 1975
Provides for the implementation of specified provisions of the Patent Cooperation Treaty. Provides that the Patent Office shall act as a Receiving Office for international applications filed by nationals or residents of the United States, and may also act: (1) as a Receiving Office for international applications; and (2) as an International Searching Authority with respect to international applications. States that a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States. Sets forth the order of priorities as between other applications. Specifies the procedure for withdrawal of international applications and for review of actions of other authorities. Provides that the filing of an international application in a country other than the United States on the invention made in this country shall be considered to constitute the filing of an application in a foreign country, whether or not the United States is designated in that international application. Enumerates the items to be filed by the applicant in the Patent Office for commencement of the national stage of processing. States that all questions of substance and procedure in an international application designating the United States shall be determined as in the case of national applications regularly filed in the Patent Office. Provides that the publication under the treaty of an international application shall confer no rights and shall have no effect under this title other than that of a printed publication. Specifies the fees required and permitted to be charged by the Patent Office. Provides for the allocation of funds appropriated to the Patent Office, to the Department of State for the purpose of payment of the share on the part of the United States to the working capital fund established under the Patent Cooperation Treaty. Makes conforming amendments to the patent provisions of the United States Code relating to: (1) conditions for patentability; novelty and loss of right to patent; (2) in inventions made abroad; (3) specification of the invention; (4) drawings; benefits of earlier filing dates in the U.S.; and (5) presumption of validity; defenses.
United States · United States Congress · 15 January 1975
Provides, under the Internal Revenue Code, an exclusion from income taxation for income of condominium housing associations, homeowner associations, and cooperative housing corporations operated for the management, maintenance, landscaping, and repair of common areas and dwellings.
United States · United States Congress · 15 January 1975
Provides for an additional permanent district judgeship in Arkansas. (Amends U.S.C. 133)
United States · United States Congress · 15 January 1975
Provides for the relief of Raul Arriaza, his wife, Maria Marquart Schubert Arriaza, and their children Andres Arriaza and Daniel Aivouich Arriaza.
United States · United States Congress · 15 January 1975
Unfair Competition Act - Establishes a uniform body of Federal unfair competition law by creating a Federal statutory tort of unfair competition affecting interstate commerce. Establishes Federal jurisdiction over such tort claims within the framework of the Trademark Act of 1946. Gives the Federal district courts jurisdiction to deal with acts which constitute unfair competition because of misrepresentation or misappropriation of goods or services. Provides that all the remedies set forth in the Trademark Act for infringement of unfair competition would be available in respect to acts of unfair competition. Makes any person liable in a civil action for unfair competition who engages in any act, trade practice, or course of conduct, in commerce, which: (1) causes or is likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of such person, or as to the origin, sponsorship, or approval of his goods, services, or vocational activities, or results or is likely to result in passing off the goods, services, or vocational activities which he offers as or for those of any other person, or (2) by a false or misleading representation or omission of material information, either misrepresents his goods, services, vocational activities, or their geographic origin, or (3) results or is likely to result in the wrongful disclosure or appropriation of a trade secret or confidential information, or (4) without being limited to or by the foregoing subsections (1) through (3), otherwise constitutes unfair competition by misrepresentation.
United States · United States Congress · 15 January 1975
Patent Act - Provides for the general revision of the Patent Laws, title 35 of the United States Code.
United States · United States Congress · 15 January 1975
Inflationary Impact Statement Act - Requires the Congressional Budget Office to supply the Congress with an estimate of the impact on the aggregate rate of inflation and the cost of particular goods and services, for five fiscal years, of any legislation which is reported by Senate and House of Representatives committees for further congressional consideration.
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 · 10 October 1974
Rice Act - Title I: Rice - Directs the Secretary of Agriculture, under the provisions of the Agricultural Adjustment Act of 1938, to establish for each of the 1975 through 1977 crops of rice a national acreage allotment which shall be the number of acres which will produce an amount of rice equal to the estimated domestic consumption and exports (less imports) of rice for the marketing year beginning in the year in which the crop is to be produced, adjusted to maintain adequate supplies or to prevent excessive carryover stocks. Requires that the national acreage allotment shall not be less than two million acres. Directs the Secretary to allocate the national acreage allotment on the basis of the rice allotments established for the preceding crops, as equitably adjusted. Provides for reserving a portion of the rice allotment for apportionment to new rice farms and new rice producers. Sets forth criteria for reducing the rice allotment. Authorizes the Secretary to transfer for any year because of natural disaster all or a part of such rice acreage for any farm in the county or in any other nearby county on which one or more producers on the farm from which the transfer is to be made will be engaged in the production of rice and will share in the proceeds in accordance with such regulations as the Secretary may prescribe. Directs the Secretary to permit the owner and operator of any farm for which a farm acreage allotment has been established to sell or lease all or any part to any other owner or operator of a farm in the same State, or to transfer all or any part of such allotment to any other farm owned or controlled by him in the same State. Title II: Rice Research - Authorizes the Secretary of Agriculture to carry out regional and national research programs with respect to rice for specified purposes, including: (1) to reduce fertilizer and herbicide usage in excess of production needs; (2) to develop varieties of rice more susceptible to complete fertilizer utilization; and (3) to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities. Authorizes the appropriation of up to $1,000,000 in any fiscal year to carry out such research. Title III: Miscellaneous - Provides, under the Agricultural Act of 1949, that for the 1975 through 1977 crops of rice, a cooperator shall be a producer on a farm on which a farm acreage allotment has been established or to which a producer acreage allotment has been allocated, who has set aside the acreage required under such act and who complies with the conditions of eligibility prescribed by the Secretary.
United States · United States Congress · 10 October 1974
Provides for the relief of Yen Tsi Huo.