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![Official portrait of Sen. McClellan, John L. [D-AR]](https://www.congress.gov/img/member/m000332_200.jpg)
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 · 22 June 1973
Extends, under the Trademark Act, the time for filing oppositions. Eliminates the requirements for filing reasons of appeal in the Patent Office. Provides for awarding attorney fees in exceptional cases.
United States · United States Congress · 18 June 1973
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 thst 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 · 7 June 1973
Provides that the authorized plan for flood control for the White River Basin, Missouri and Arkansas is modified by the deauthorization of the Lone Rock Lake, Buffalo River, Arkansas, in recognition of the designation of the Buffalo River as a national river and the environmental concern and values expressed by the people of the State and nation concerning the preservation of such river as a national stream.
United States · United States Congress · 7 June 1973
Authorizes the Commissioner of Patents to accept a late payment of the issue fee if such payment is shown to have been unavoidable. Requires Senate confirmation only of the Commissioner of Patents, the deputy commissioner and the two assistant commissioners. Provides for the appointment of an Assistant Secretary of Commerce for Patents and Trademarks by the President with the advice and consent of the Senate. (Amends 35 U.S.C. 3, 35 U.S.C. 151)
United States · United States Congress · 31 May 1973
Extends the programs provided for in the title I of the Omnibus Crime Control and Safe Streets Act to fiscal year 1974. Authorizes to be appropriated $1,000,000,000 for fiscal year 1974 for programs under such Act. States that funds appropriated shall remain available for obligation until expended. (Amends 42 U.S.C. 3760, 3768)
United States · United States Congress · 17 May 1973
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. Provides that such Board shall be composed of four members appointed by the President eight members appointed by the Librarian of Congress the Librarian of Congress ex officio and the Director of the Center ex officio. Authorizes the Center to establish and implement a program of contracts, grants, revitalize and scholarships to preserve, protect, revitalize and disseminate 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. States that such research or training may be extended to a period not to exceed five years with the concurrance of at least two-thirds of the members of the Board. Provides that no former employee of the Federal Govermnent 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 Library of Congress, for inclusion in its annual report to the Congress, an annual report of its operations under this Act. Authorizes such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 15 May 1973
Authorizes the Committee on Appropriations to expend from the contingent fund of the Senate, during the Ninety-third Congress, $75,000, in addition to the amount, and for the same investigatory and study purposes, specified in the Legislative Reorganization Act.
United States · United States Congress · 9 May 1973
States a purpose to extend to others so affected, benefits received by miners who incur silicosis in iron mines. Directs the Secretary of Labor to submit to the Congress recommendations to extend to workers in other industries who are threatened with pneumoconiosis protection comparable to that awarded to coal and iron miners.
United States · United States Congress · 9 May 1973
Provides for the relief of Diana Cecelia Marinkovic Blanco.
United States · United States Congress · 8 May 1973
Student Freedom of Choice Act - States that no department, agency, officer, or employee of the United States empowered to extend Federal financial assistance to any program or activity at any public school by way of grant, loan, or otherwise shall withhold, or threaten to withhold, such financial assistance from any such program or activity: (1) on account of the racial composition of the student body at any public school or in any class at any public school in any case whatever where the school board operating such public school or class maintains, in respect to such public school and class, a freedom of choice system; (2) to coerce or induce the school board operating such public school to transport students from such public school to any other public school for the purpose of altering in any way the racial composition of the student body at such public school or any other public school; (3) to coerce or induce any school board operating such public school system to close any public school, and transfer the students from it to another public school for the purpose of altering in any way the racial composition of the student body at any public school; and (4) to coerce or induce the school board operating such public school system to transfer any member of any public school faculty from the public school in which the member of the faculty contracts to serve to some other public school for the purpose of altering the racial composition of the faculty at any public school. Provides that whenever any department, agency, officer, or employee of the United States violates or threatens to violate this Act, the school board aggrieved by the violation or threatened violation, or the parent of any student affected or to be affected by the violation or threatened violation, or any student affected or to be affected by the violation or threatened violation, or any member of any faculty affected or to be affected by the violation or threatened violation may bring a civil action against the United States in a district court of the United States complaining of the violation or threatened violation. Provides that no court of the United States shall have jurisdiction to make any decision, enter any judgment, or issue any order requiring any school board to make any change in the racial composition of the student body at any public school or in any class at any public school to which students are assigned in conformity with a freedom of choice system, or requiring any school board to transport any students from one public school to another public school or from one place to another place or from one school district to another school district in order to effect a change in the racial composition of the student body at any school or place or in any school district, or denying to any student the right or privilege of attending any public school or class at any public school chosen by the parent of such student in conformity with a freedom of choice system, or requiring any school board to close any school and transfer the students from the closed school to any other school for the purpose of altering the racial composition of the student body at any public school, or precluding any school board from carrying into effect any provision of any contract between it and any member of the faculty of any public school it operates specifying the public school where the member of the faculty is to perform his or her duties under the contract.
United States · United States Congress · 8 May 1973
Authorizes eligible wives and widows of veterans to pursue on-farm training.
United States · United States Congress · 18 April 1973
Budget Control Act - Title I: Changes in Rules of House and Senate - Committee on the Budget consisting of 21 members: 7 members from the Committee on Ways and Means, and 7 members appointed by the Speaker of the House. Provides for the selection of the Chairman of the Committee and for the filling of vacancies on the Committee. Refers to the Committee matters relating to (a) the establishment of an overall limitation on budget outlays, and an overall limitation on new budget authority, (b) the determination of the overall level of Federal revenues, (c) the determination of the appropriate level of surplus or deficit in the budget in the light of economic conditions and (d) the allocation of the overall limitation on budget outlays, and the overall limitation on new budget authority. Requires the committee to report during each regular session of Congress at least two concurrent resolutions concerning matters referred to the Committee and to make continuing studies of the effect on budget outlays of existing and proposed legislation and to report the results of these studies to the House of Representatives. Establishes in the United States Senate a Committee on the Budget consisting of 15 members: 5 members from the Committee on Appropriations, 5 members from the Committee on Finance, and 5 members appointed by the President pro tempore of the Senate. Grants to the Senate Committee the same matters for consideration and the same duties as the House Committee. Declares that annually, on or before May 1, Congress shall complete action on a concurrent resolution setting forth the congressional budget for the United States Government for the fiscal year beginning July 1. States that the concurrent resolution shall include with respect to budget outlays and with respect to new budget authority: (1) a general contingency reserve (for allocation only by a subsequent concurrent resolution on the budget) for possible new legislation (including enlargements of existing programs and activities); and (2) an emergency reserve (in amounts which do not exceed 2 percent of the amount of budget outlays otherwise allocated to the Committees on Appropriations and 2 percent of the amount of new budget authority otherwise allocated to such committees) which shall be available only for allocation by the Committees on Appropriations to specific programs and activities (or to subcommittees) to meet emergencies and other unforeseen contingencies. Provides for other matters which may be dealt with in the concurrent resolution. Sets forth a timetable for the first concurrent resolution on the budget for the fiscal year. Requires Congress to adopt a final concurrent resolution on the budget before adjourning and provides for consideration of concurrent resolution to be expedited. Declares that a tax surcharge is required where the budget deficit will be greater, or the surplus will be smaller, than that determined to be appropriate. States the requirements for amendments to concurrent resolutions. Provides that legislation dealing with the congressional budget must be handled by budget committees and that the concurrent resolution on budget must be adopted before appropriations and changes in revenues and public debt limit are made. Sets forth the requirements for legislation and amendments providing new budget authority, and declares that budget authority legislation may be required to contain outlay limitations. Places limitations on new permanent budget authority and on new spending authority. Requires the legislative committees to authorize the enactment of new budget authority before the beginning of the fiscal year. Authorizes the House Committee on Appropriations and the Senate Committee on Appropriations to consider and to report legislation rescinding budget authority. Provides for technical and conforming amendments to the Rules of the House of Representatives and to the Standing Rules of the United States Senate, as well as amendments to the Legislative Reorganization Acts of 1946 and 1970. Title II: Legislative Budget Director and Staff - Establishes a Joint Legislative Budget Staff, headed by a Legislative Budget Director appointed by the record vote of a majority of the members of the Committee on the Budget of each House, and provides for staffing and compensation. Authorizes the Legislative Budget Director to secure directly from any executive department or instrumentality of the government, information, data, estimates, and statistics relating to the function of the Joint Legislative Budget Staff. Directs the Joint Legislative Budget Staff to develop methods of using computers and other techniques for the analysis of information to improve not only the quantitative but the qualitative evaluation of budgetary requirements.
United States · United States Congress · 12 April 1973
Authorizes the Secretary of Agriculture to transfer all or a part of the rice acreage allotment for any farm to another farm in the same county or to an adjoining county if planting is prevented by a natural disaster. Authorizes the Secretary of Agriculture, because of natural disaster to a farm or portion thereof, to transfer land allotted to peanut acreage to another farm in the same county or to an adjoining county when such peanuts cannot be timely planted or replanted in that year.
United States · United States Congress · 27 March 1973
Provides that a person shall be subjected to the penalty of death for any offense prohibited by the laws of the United States only if a hearing is held in accordance with this Act. States that when a defendant is found guilty of or pleads guilty to an offense for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in this Act for the purpose of determining the sentence to be imposed. Provides that the hearing shll not be held if the government stipulates that none of the aggravating factors set forth in the Act exists or that one or more of the mitigating factors set forth in the Act exists. Provides that in the sentencing hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Sets forth rules of evidence to be used in such hearing. States that the jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in this Act. Provides that the jury or, of there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors set forth in the Act exists and that none of the mitigating factors set forth in this Act exists, the court shall sentence the defendant to death. States that if the jury or, if there is no jury, the court finds that none of the aggravating factors exists, or finds that one or more of the mitigating factors exists, the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted. States that the court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in the Act that at the time of the offense there existed one of the specified mitigating factors. Lists the mitigating factors which the courts are to recognize. Sets forth specified crimes and circumstances which shall be considered aggravating factors for the purposes of this Act. Makes conforming technical amendments.
United States · United States Congress · 27 March 1973
Provides for the collection of special recreation use fees for the use of sites, facilities, and equipment or services furnished at Federal expense.
United States · United States Congress · 27 March 1973
Authorizes the Secretary of Agriculture to carry out a program providing for the inspection of fish produced on fish farms in the United States. Authorizes necessary appropriations to carry out the provisions of this Act.
United States · United States Congress · 27 March 1973
Criminal Code Reform Act - Title I: Federal Criminal Code - Part I: General Provisions and Provisions and Principles Chapter I: General Provisions - Sets forth the general purposes of this Act. Classifies felonies into five categories, A through E. Defines the various terms used in this Act. Chapter 2: Federal Criminal Jurisdiction - Describes the general, special (territorial, maritime, aircraft) and extraterritorial jurisdictions of the United States. Chapter 3: Culpability - Provides that a person commits an offense under this Act only if: (1) he engages in conduct which is declared to be an offense and (2) he engages in such conduct intentionally, knowingly, recklessly, or negligently. Chapter 4: Complicity - Declares that a person is guilty of an offense based upon the conduct of another and may be charged and punished as a principal if: (1) he knowingly aids, abets, counsels, commands, induces, procures, or facilitates its commission or attempted commission; (2) acting with the kind of culpability required for the offense charged, he causes an innocent, incompetent, or irresponsible person to engage in conduct which if performed by the defendant or another would be an offense; or (3) he is co-conspirator and the offense charged was committed in furtherance of the conspiracy and was a necessary or reasonably foreseeable consequence of it. Establishes standards for the criminal liability of organizations. Stipulates that a person is criminally liable for any conduct which he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct was performed or caused to be performed in his own name or behalf. Chapter 5: Defenses - Lists and describes the following defenses to prosecution: mistake of fact or law, insanity, intoxication, duress, public duty, protection of persons, protection of property, unlawful entrapment, and official misstatement of law, Part II: Offenses - Chapter 10: Offenses of General Applicability Defines the offense of criminal solicitation and provides that criminal solicitation is an offense of the class next below that of the crime solicited. States that it is an affirmative defense that, under the circumstances manifesting a voluntary and complete renunciation of his criminal conduct and intent, the defendant prevented the commission of the crime which he solicited. Defines the crime of criminal attempt. Establishes the requirements of a proper affirmative defense to such crime. States that criminal attempt is an offense of the same class of the crime attempted, except that to commit a class A felony is a class B felony. Defines the offense of criminal conspiracy and establishes the requirements of an affirmative defense to such crime. States that criminal conspiracy is an offense of the same class as the highest offense which was an objective of the relationship, except that an attempt to commit a class A felony is a class B felony. Chapter 11: Offenses Involving National Security Defines the following crimes: (1) treason; (2) armed rebellion or insurrection; (3) inciting overthrow or destruction of the government; (4) para-military political activities; (5) sabotage; (6) impairing military effectiveness; (7) violating emergency regulations concerning vessels; (8) impairing military effectiveness by false statement; (9) evading military or substitute service; (10) obstructing military recruitment or induction; (11) inciting or aiding mutiny, insubordination, or desertion; (12) aiding escape of a prisoner of war or an enemy alien; (13) espionage; (14) disclosing national defense information; (15) mishandling national defense information; (16) disclosing classified information; (17) unlawfully obtaining classified information; (18) failing to register as a person trained in a foreign espionage system; (19) failing to register as, or acting as, a foreign agent; (20) offenses relating to atomic energy. Chapter 12: Offenses Involving Foreign Relations and Immigration States that a person is guilty of an offense if he knowingly: (1) launches a land, air or sea attack from the United States against a nation with which the United States is not at war; (2) organizes or participates in a military expedition assembled in the United States to engage in armed hostilities against a nation with which the United States is not at war; or (3) engages in conduct hostile to a nation with which the United States is not at war within the territory of any foreign nation. Defines the offenses of unlawful entry into the United States, hindering discovery of an illegal entrant and fraudulent acquisition or improper use of naturalization, evidence of citizenship, or United States passport. Chapter 13: Offenses Involving Government Operations Defines the offenses of: (1) obstructing a government function by fraud; (2) obstructing a government function by physical interference; (3) hindering law enforcement; (4) aiding consummation of a crime; (5) bail jumping; (6) escape; (7) providing or possessing contraband in an official detention facility; (8) flight to avoid prosecution or giving testimony; (9) witness bribery; (10) corrupting a witness or an informant; (11) tampering with a witness or an informant; (12) retaliating against a witness or an informant; (13) tampering with physical evidence; (14) communicating with a juror; (15) monitoring jury deliberations; (16) demonstrating to influence a judicial proceeding; (17) criminal contempt; (18) failing to appear, produce information, or to be sworn; (19) refusing to testify; (20) certification for prosecution in which a congressional proceeding is involved; (21) obstructing a proceeding by disorderly conduct; (22) disobeying a judicial order; (23) perjury; (24) false swearing; (25) making a false statement; (26) making a false report; (27) tampering with a government record; (28) bribery; (29) graft; (30) trading in government assistance; (31) trading in special influence; (32) trading in public office; (33) speculating an official action or information; (34) tampering with a public servant; (35) retaliating against a public servant (36) impersonating an official. Chapter 14: Offenses involving Internal Revenue and Customs Defines the crimes of tax evasion, smuggling, and other related crimes. Chapter 15: Offenses Involving Civil Rights, Elections, and Private Communications Enumerates various civil rights offenses. Makes it a crime to obstruct, impair, or prevent the lawful conduct of an election or to obstruct votes registration for such election. Declares it to be a crime to intercept mail, or wire or an oral communication. Chapter 16: Offenses Against the Person Lists specified crimes against the person for the purposes of title 18 of the United States Code including murder, manslaughter, maiming, battery, criminal harassment, kidnapping, rape, aircraft hijacking, and various sexual offenses. Chapter 17: Offenses AGainst Property Establishes crimes relating to the conduct of such activities as arson, burglary, robbery, forgery, and economic offenses. Sets forth rules for determining the value of property or services when such a factor is determinative of the grading of an offense. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare Prescribes crimes against the public order in the areas of riots, firearms, drugs, obscenity, and disorderly conduct. Part III: Sentencing - Chapter 20: General Sentencing Provisions Provides that the probation service of the court shall make a presentence investigation and shall report the results of the investigation to the court before the imposition of sentence: (1) unless the court otherwise directs for reasons stated in the record; or (2) unless the offense is committed under circumstances requiring imposition of a particular sentence and permitting the court no discretion in the imposition of sentence. Chapter 21: Probation Sets forth the authorized terms of probation and conditional discharge for an offender. Enumerates various factors to be considered by the court in determining whether to grant a probation or conditional discharge. States that the conditions of release on probation or conditional discharge shall be such as the court in its discretion deems reasonable and appropriate to assist the offender to lead a law-abiding Chapter 22: Fines Establishes maximum limits on fines for specified classes of offenses. Provides that in addition to considering the nature and circumstances of the offense and the history and characteristics of the defendant, the court, in determining the amount and method of payment of a fine, shall take into account the financial resources of the defendant, the nature of the burden that payment of the fine will impose, and whether imposition of the fine will prevent the defendant from making restitution or reparation to the victim. Chapter 23: Imprisonment Authorizes specified maximum terms of imprisonment for the various classes of offenses in additon to any automatic contingent terms. Chapter 24: Death Sentence Enumerates conditions and crimes which permit the imposition of the sentence of death. Requires a separate sentencing hearing for this purpose. Title II: Conforming Amendments Revises appropriate sections of the United States Code for the purpose of providing conformity with the provisions of this Act. Makes it a Federal crime to misuse emblems, insignias, and names of U.S. departments and agencies. Establishes offenses with respect to the compensation of Members of Congress and officers of the government in matters affecting the government. Provides that whoever being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties: (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceedings, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest; shall be guilty of a Class A misdemeanor. Establishes other specified offenses in the area of conflicts of interests of employees of the United States government. States that whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be guilty of a violation. Limits the maximum fine for such violation to $500. Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Bankruptcy - title 11; Banks and Banking - title 12; Commerce and Trade - title 15, (including firearms); Conservation - title 16; Crimes and Criminal Procedure - title 18; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patriotic Societies and Observances -ttitle 36; Veterans' 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; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Transportation - title 49; War and National Defense - title 50. Adds new rules to the Federal Rules of Criminal Procedure. Sets forth requirements and procedures for the interception of wire and oral communications. Provides for civil damages to any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Act. Allows for the granting of an injunction against the executing of a scheme to defraud. Provides civil remedies against racketeering activities. Changes the name of the Bureau of Prisons to the Bureau of Corrections. Establishes a Parole Commission within the Department of Justice which shall be an independent agency having final authority in construing and administering all Federal parole statutes. States that each offender sentenced to a term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum term, at any time, subject to the eligibility regulations of the Commission. Sets forth the criteria for release on parole and the conditions of parole. Establishes procedures to determine the existence of sanity at the time of the offense, as well as procedures to determine whether or not a person acquitted for reason of insanity ought to be hospitalized. Sets forth conditions of release from a mental institution. Creates special procedures for initial possession of drugs, allowing a court in its discretion to place such an offender on probation for a period not to exceed one year. Provides that if the person was not more than twenty-one years old at the time of the offense, he may apply to the court for an order to expunge from all official records, except the non-public records, all recordation relating to his arrest, the institution of criminal proceedings against him, and the results thereof. Title III: General Provisions States that if the provisions of any part of this Act or the application of any part of this Act to any person or circumstance are held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected. States that this Act shall take effect on the first day of the first calendar month beginning two years after the date of approval of the Act.
United States · United States Congress · 27 March 1973
Constitutional Amendment - Provides that nothing contained in the U.S. Constitution shall prohibit the several States and the District constituting the seat of government of the United States from providing for voluntary prayer in the public schools of that jurisdiction, nor shall it abridge the right of persons lawfully assembled in any public building to participate in voluntary prayer.
United States · United States Congress · 26 March 1973
Title I: General Revision of Copyright Law - Revises in its entirety, Title 17 of the United States Code, entitled "Copyrights." Defines the terms used in such title, including "anonymous work," "copies," "derivative work," and "publication." Details the subject matter of copyright: (1) in general; (2) of compilations and derivative works; (3) of works with regard to national origin; and (4) of United States Government works. Enumerates the exclusive rights enjoyed by the owner of a copyright under this title, and the limitations on such exclusive rights, including: (1) fair use; (2) reproduction by libraries and archives; (3) transfer of a particular copy or phonorecord by an owner; (4) specified performances and displays by learning institutions, governmental bodies and churches; (5) secondary transmissions of a primary transmission (including transmission to a controlled group, transmission by cable systems, compulsory licensing for secondary transmission by cable systems, and premption of other laws and regulations); and (6) ephemeral recordings. States that when a pictorial, graphic, or sculptural work in which copyright subsists under this title is utilized in an original ornamental design of a useful article, by the copyright proprietor or under an express license from him, the design shall be eligible for protection under title III of this Act. Sets forth scope of exclusive rights in sound recordings. Enumerates the extent of exclusive rights in nondramatic musical works, requiring compulsory licensing for making and distributing phonorecords. Provides for the recordation of coin-operated phonorecord players, the affixation of a certificate, and prescribes the royalty payable under the compulsory license. Provides that this title does not afford to the owner of copyright in a work any lesser or greater rights with respect to the use of the work in conjunction with computers and similar information systems than those afforded to works under the law. States that copyright in work protected under this title vests initially in the author or authors of the work. Provides that ownership of a copyright is distinct from ownership of any material object in which the work is embodied. Prescribes the conditions for termination of transfers and licenses granted by the author and the effect of such termination. States that a transfer of copyright ownership is not valid unless an instrument of conveyance, or a memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or his duly authorized agent. Provides for the recordation of transfers and other documents with the Copyright Office. Directs that on and after January 1, 1975, all rights in the nature of copyright shall be governed exclusively by this title. Retains specified common law rights in enumerated instances. Sets forth the periods for duration of copyrights for: (1) works created on or after January 1, 1975; (2) works created but not published or copyrighted before January 1, 1975; (3) subsisting copyrights. Directs that whenever a protected work is published in the United States or elsewhere by authority of the copyright owner, a notice of copyright shall be placed on all publicly distributed copies from which the work can be visually perceived. Sets forth the form of such notice. Prescribes the rules governing notice of copyright for phonorecords of sound recordings, publications incorporating United States government works, and contributions to collective works. Details the effect of omission of such notices. Requires the deposit of copyrighted works at the Copyright Office for use of the Library of Congress. Outlines the procedures for registration of copyright claims, stating that registration is a prerequisite to specified remedies for infringement. Provides that anyone who violates any of the exclusive rights of the copyright owner or who imports copies or phonorecords into the United States in violation of this Act, is an infringer of the copyright. Enumerates the remedies for infringement, including: (1) injunctions; (2) impounding and disposition of infringing articles; (3) damages and profits; and (4) costs and attorney's fees. Imposes criminal penalties for violations of this Act. Provides that, with specified exceptions, the importation into or public distribution in the United States of copies of work consisting preponderantly of nondramatic literary material that is in the English language and is protected under this title is prohibited unless the portions consisting of such material have been manufactured in the United States on copies or phonorecords acquired abroad. Enumerates the general responsibilities and organization of the Copyright Office in the Library of Congress, including: (1) retention and distribution of articles; (2) preparation, maintenance, public inspection, and searching; and (3) forms, publications and fees of the Copyright Office. Creates in the Library of Congress a Copyright Royalty Tribunal to: (1) make determinations concerning the adjustment of the copyright royalty rates to assure that such rates continue to be reasonable; and (2) to determine in specified circumstances the distribution of the royalty fees deposited with the Register of Copyrights. Prescribes the procedures, duties, and operations of the Tribunal. Provides that the Public Printer shall sell, under regulations of the Joint Committee on Printing, to persons who may apply, plates from which a Government publication is printed, at a price not to exceed the cost of composition, the metal, and making to the Government, plus 10 percent. States that when letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringement of copyright or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes. Title II: National Commission on New Technological Uses of Copyrighted Works - Creates in the Library of Congress a National Commission on New Technological Uses of Copyrighted Works to study, compile and make recommendations on data on: (1) the reproduction and use of copyrighted works of authorship in conjunction with automatic data systems and by various forms of machine reproduction; and (2) the creation of new works by the application or intervention of such automatic systems or machine reproduction. Title III: Protection of Ornamental Designs of Useful Articles - Design Protection Act - Defines the terms used in this title, including "useful article" as an article which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. Provides that protection under this title shall not be available for a design that is: (1) not original; (2) staple or commonplace (or an insignificant modification thereof), such as a standard geometric figure, familiar symbol, emblem, or motif, or other shape, pattern, or configuration which has become common, prevalent, or ordinary; (3)dictated solely by a utilitarian function of the article that embodies it; or (4) composed of three-dimensional features of shape and surface with respect to men's, women's, and children's apparel. States that the term of protection for such a design shall be five years, with renewal options. Prescribes the requirements of design notice whenever protection for a design is sought under this title. Imposes infringement penalties for making, importing, selling, or distributing of a design protected under this title without consent of the proprietor of the design. Imposes penalties for false marking and false representation under this title. Provides that protection under this title shall not be available for any design that has been made public prior to the effective date of this title (one year after its date of enactment).
United States · United States Congress · 26 March 1973
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 · 26 March 1973
Provides that a patent application or trademark application shall be considered as having been filed in the patent office on the date that it would have been received by the patent office except for any delay caused by substantial interruption of the postal service in a significant part of the United States due to work stoppage, national emergency, or other unforeseen circumstances, which have been determined by the Commissioner of patents to have interferred with the transmission of mail to the patent office if a claim is made for the benefit of an earlier filing date in accordance with this Act. Sets forth the procedure for obtaining such determination. States that in any case in which the Register of Copyrights determines, on the basis of such evidence as he may by regulation require, that a deposit, application, fee, or any other material to be delivered to the Copyright Office by a particular date, would have been received in the Copyright Office in due time except for a general disruption or suspension of postal or other transportation or communications services, the actual receipt of such material in the Copyright Office within one month after the date on which the Register determines that the disruption or suspension of such services has terminated, shall be considered timely. (Adds 35 U.S.C. 27, 17 U.S.C. 217)
United States · United States Congress · 26 March 1973
Provides that a United States copyright secured to citizens of foreign states shall vest in the author of the work, his executors or administrators, or his voluntary assigns. States that any such copyright shall remain the property of the author, regardless of any law of a foreign state which purports to divest the author of the United States copyright in his work. (Amends 17 U.S.C. 9)
United States · United States Congress · 20 March 1973
Grand Canyon National Park Enlargement Act - Provides for the recognition of the entire Grand Canyon as a natural feature of national and international significance. Prohibits the transfer of any lands held in trust for any Indian Tribe. Establishes the Grand Canyon Zone of Influence which gives the Secretary of the Interior the authority to coordinate a protective management program for those lands adjacent to the Grand Canyon or affecting the environment of the Grand Canyon. Institutes programs for the recreational, historical and cultural development of the area, and authorizes cooperative agreements between the States, Indian Tribes, and the Federal Government for the regulation of the area. Provides for the Administration of wilderness land under the Wilderness Act. Authorizes those sums as are necessary for the carrying out of this Act.
United States · United States Congress · 20 March 1973
Heroin Trafficking Act - Title I: Increased Penalties - Increases the penalties for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a mixture or substance containing any amount of heroin or morphine which is a controlled substance under schedule I or II. States that if the person was convicted of the offense with respect to less than four ounces of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such mixture or substance, he would be sentenced to a mandatory minimum sentence of not less than ten years, or for life, and could be fined not more than $100,000. States that if a person convicted of an offense involving less than four ounces had previously been convicted of a Federal, State or foreign felony relating to herion or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to a minimum mandatory sentence of not less than ten years, or a life sentence, and may be fined not more than $100,000. Provides that if a person convicted of an offense involving four ounces or more had previously been convicted of a Federal, State, or foreign felony relating to heroin or morphine controlled in schedule I or II, or committed the offense while released pending trial, appeal, or sentencing, on a charge involving heroin or morphine controlled in schedule I or II, he shall be subject to life imprisonment with no parole. Directs that no sentence under these provisions could be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied. Provides that conviction of illegally possessing four or more ounces of a mixture or substance containing any amount of heroin or morphine would require a sentence of imprisonment for a term of years of not less than 10 years, or for life, with parole, and, in addition, a possible fine of not more than $100,000. States that if the person had been convicted of a Federal, State, or foreign felony relating to heroin or morphine controlled in schedule I or II, or if the offense was committed while the person was released pending trial, appeal, or sentencing on a charge involving heroin or morphine controlled in schedule I or II, there would be a sentence of life imprisonment with no parole. Provides that execution of a sentence imposed under these provisions could not be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied. Increases the penalties for illegal importation or exportation, or manufature or distribution for illegal importation, of heroin or morphine. States that if the person was convicted of the offense with respect to less than four ounces of a mixture or substance containing any amount of heroin or morphine controlled in schedule I or II, he would be sentenced to a mandatory minimum sentence of not less than five years nor more than fifteen years imprisonment, and could also be fined not more than $50,000. Provides that if the person was convicted of the offense with respect to four ounces or more of such a mixture or substance, he would be sentenced to a mandatory minimum sentence of ten years, or for life, and could be fined not more than $100,000. States that sentence could not be suspended, probation could not be granted, and the Federal Youth Corrections Act could not be applied Title II: Conditions of Release - Requires a judicial officer in setting conditions of pretrial release, under the Bail Reform Act of 1966, of a person charged under the Controlled Substances Act or the Controlled Substances Import and Export Act with an offense relating to heroin or morphine which is a controlled substance in schedule I or II, to consider the safety or others and their property and the safety of the community in addition to the consideration of risk of flight. Denies release pending trial, absent compelling circumstances, to certain categories of persons charged with a violation of this Act. Provides for appeals from orders denying pretrial release to be taken by the individual Appeals from orders granting pretrial release to be taken by the United States.
United States · United States Congress · 19 March 1973
National Energy Research and Development Policy Act - Title I: Coordination and Augmentation of Federal Support for Research and Development of Fuels and Energy - Declares it to be the policy of the Congress to establish and maintain a national program of research and development in fuels and energy adequate to meet specified objectives. Establishes an Energy Research Management Project which shall have a Chairman appointed by the President, by and with the advice and consent of the Senate. Sets forth the duties of the Project, initiating: (1) to review the full range of Federal activities in and financial support for fuels and energy research and development, giving consideration to research and development being conducted by industry and other non-Federal entities, to determine the capability of ongoing research efforts to carry out the policies established by this Act and other relevant Federal policies, particulary the National Environmental Policy Act of 1969; and (2) to formulate a comprehensive energy research and development strategy for the Federal Government which will expeditiously advance the policies established by this Act. Provides that in evaluating proposed opportunities for particular research and development undertakings pursuant to this title, the Management Project shall assign priority to types of projects listed in this title. Requires the President not later than five years from the date of this Act, if the authorities and duties of the Management Project are not reassigned to a permanent agency in the interim, to report to the Congress on his evaluation of the progress of fuels and energy research and development and his recommendation for further management of the Federal research and development programs. Provides that the Chairman shall keep the Congress fully and currently informed of all of the Management Project's activities and shall submit to the Congress an annual report. States that neither the Chairman nor any other member of the Management Project or his employees may refuse to testify before the Congress or to submit information to the legislative or appropriations committees of either House of the Congress. Authorizes to be appropriated $10,000,000 annually for the administrative expenses of the Management Project. Authorizes to be appropriated not to exceed $800,000,000 for the fiscal year ending June 30, 1974, and, subject to annual congressional authorizations, $800,000,000 for each of the four following fiscal years to carry out the provisions of this title with respect to energy research and development. Title II: Establishment of a Coal Gasification Corporation - Establishes the Coal Gasification Development Corporation. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more most technically, environmentally, and economically feasible methods for manufacturing substitute natural gas from coal. Authorizes the Corporation to design construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a fullscale, commercial-size facility to manufacture substitute natural gas from coal by such method. Provides that the Corporation shall transmit to the President of the United States and the Congress, annually, commencing one year from the date of the enactment of this Act, and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this title. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $6,000,000, and for each of the next nine succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title III: Establishment of a Shale Oil Development Corporation - States that it is the policy of the Federal Government to bring into being the technology for commercial development of shale oil as quickly as possible by establishing a Government-industry program jointly managed and funded to demonstrate commercial methods of producing environmentally acceptable fuels from shale oil. Establishes the Shale Oil Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select on the basis of the best engineering information available, the two or more technically, environmentally, and economically feasible methods for producing a syncrude from shale oil. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a full-scale, commercial-size facility to produce a syncrude from shale oil by such method. Requires the Corporation to transmit an annual report to the President and the Congress and at such time to submit such legislative recommendations as it deems desirable. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $5,000,000 and for each of the next seven succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title IV: Establishment of an Advanced Power Cycle Development Corporation - Establishes the Advanced Power Cycle Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more most technically, environmentally, and economically feasible methods for producing electricity at high efficiencies using advanced power cycles with minimum adverse environmental impacts using coal. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical and economical feasibility thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible a full-scale commercial-size facility to produce electricity from coal by such mehtod. Authorizes to be appropriated to the Corporation for fiscal year 1974, the sum of $6,500,000, and for each of the next nine succeeding fiscal years, such sums as may be necessary. Title V: Establishment of a Geothermal Energy Development Corporation - Establishes the Geothermal Energy Development Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation, on the basis of the best geologic information and after field exploration, to select suitable sites for the construction of two or more demonstration installations to develop technologies for the generation of steam and electric power from geothermal resources. Authorizes the Corporation to operate a full scale commercial-size facility to produce electricity from geothermal energy. Authorizes to be appropriated to the Corporation, for fiscal year 1974, the sum of $8,000,000, and for each of the next fourteen succeeding fiscal years such sums as may be necessary to carry out the provisions of this title. Title VI: States that it is the policy of the Federal Government to bring into being the technology for commercial development of coal liquefaction processes as quickly as possible by establishing a Government-industry program jointly managed and funded to demonstrate commercial methods of producing synthetic liquid petroleum products from coal. Establishes the Coal Liquefaction Corporation which shall have a Board of nine Directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. States that it shall be the function of the Corporation to select, on the basis of the best engineering information available, the two or more technically, environmentally, and economically feasible methods for producing synthetic liquid petroleum products from coal. Authorizes the Corporation to design, construct, operate, and maintain a demonstration-type facility for each such method selected in order to determine the technical, environmental, and economical feasiblity thereof and to design, construct, operate, and maintain, for each such method demonstrated, which is technically and economically feasible, a full-scale, commercial-size facility to produce synthetic fuel from coal by such method. Authorizes to be appropriated to the Corporation, fiscal year 1974, the sum of $7,500,000, and for each of the next eleven succeeding fiscal years, such sums as may be necessary to carry out the provisions of this title.
United States · United States Congress · 14 March 1973
Provides that Federal employees shall be entitled to accumulate annual leave in excess of thirty days, or receive payment therefor, for periods such employees have been in a missing status while serving in Southeast Asia during the Vietnam era. (Amends 5 U.S.C. 6304)
United States · United States Congress · 8 March 1973
Occupational Safety and Health Act Amendments - Requires that when a proposed rule, which would establish a new occupational safety and health standard, or which would affect an existing standard, is published in the Federal Register, it shall be accompanied by a statement summarizing its economic impact on affected employers, including an estimate of the total cost which would be incurred by employers in each affected industry in complying with such rule. Provides that after a violation of an occupational safety and health standard has been abated an employer need not continue to post the citation for such violation at or near the site of the violation. Establishes a procedure whereby an employer receiving a citation can obtain a variance from the standard violated by persuading the Secretary that work procedures in operation at the time of the citation are equally effective in protecting his employees. Changes from mandatory to permissive the assessment of fines for serious violations. States that determining whether a fine should be assessed, due consideration would be given to the gravity of the violation, the good faith of the employer and the history of previous violations. Requires the Secretary of Labor to provide advice and technical assistance through consultation at the work sites of employers who have 100 or fewer employees, and who request such assistance.
United States · United States Congress · 26 February 1973
Transportation Crisis Prevention Act - Title I: Amendments to the Labor-Management Relations Act, 1947 Relating to Emergency Disputes in the Transportation Industry - Provides that the national emergency procedures of the Labor-Management Relations Act shall apply to a strike in the railroad, airline, maritime, longshore, or trucking industries if such strike or lockout imperils the health or safety of a substantial sector of the Nation. States that when a petition to enjoin such strike or lockout is sought it shall be heard by a three judge district court. Empowers the President to use, in additon to the basic emergency dispute provision of the Labor-Management Relations Act, new options for dealing with national emergency disputes in the transportation industries. States that the President may proceed under these options in such sequence as he may deem appropriate until it is certified by the Secretary of Labor that the dispute is settled. Provides that these optional procedures may be used if the transportation national emergency dispute was still unresolved after the 80-day cooling-off period provided in the Labor-Management Relations Act. Authorizes the President to extend the cooling off period, with continued bargaining between the parties, for a period of 15 days. Empowers the President to appoint a special board to determine whether and under what conditions a partial strike or lockout could take place without imperiling the national health or safety, or the health or safety of a substantial portion of the territory or population of the Nation and whether under such condtions, the partial strike would be of sufficient economic impact to encourage resolution of the dispute. Provides that if the special board determines that a partial strike or lockout is feasible, it shall issue an order specifying the extent and conditions of partial operation and if a partial strike or lockout is not feasible, the board shall submit a report to the President. Precludes the parties from interfering, by resort to strike or lockout, with a partial operation ordered by the special board. Provides that the board's order may be effective for up to 180 days. Authorizes the President to appoint a special board and to direct them to review the feasibility of partial operations. Permits any party or any member of the board to present to the board a plan defining the strike or lockout action that would be consistent with the public interest. Authorizes the board, after appropriate hearings in which the Government would be a party, to protect the public interest, and to adopt or modify the plan. Provides that, before approving the plan, the board would have to find that the partial strike or lockout is sufficiently extensive to encourage resolution of the dispute. Requires the parties to submit their final proposals for full resolution of the controversy following the 80-day cooling-off period. Provides that the parties shall be given 3 days in which to submit two final offers and that if any party fails to submit a final offer or offers, the last offer made during bargaining shall be deemed its final offer. Directs that following this submission, to the Secretary of Labor, the parties shall be required to meet and bargain for five days, with or without mediation by the Secretary. Provides that, as a second step, the parties shall be given an opportunity to select a panel to act as "Final Offer Selector" and that if the parties are unable to select the panel, a panel composed of three neutral members shall be appointed by the President. Asserts that the panel shall hold hearings and determine which of the final offers constituted the final and binding resolution of the issues. Provides that, in reaching its determination, the panel may not choose any settlement other than those represented by the final offers. Specifies the criteria to be used by the panel in reaching its decision. Provides that the panel's choice becomes the contract between the parties. Title II: Amendments to the Railway Labor Act - Abolishes the National Mediation Board and states that its functions shall be assumed and carried out by the Federal Mediation and Conciliation Service and the National Labor Relations Board. Provides for the discontinuance of the referral of disputes under the Railway Labor Act to the Adjustment Board and provides for their submission to arbitration in accordance with procedures set forth in this Act. States that the parties to a dispute shall have five days to reach a mutual agreement on the selection of an arbitrator and if they can not agree one shall be selected from a list submitted by the Federal Mediation and Conciliation Service through a process of alternate rejection. Provides that the method of arbitration set forth in this Act shall prevail with respect to disputes under the Railway Labor Act until such time as the collective bargaining agreements between the parties contain no-strike, no-lockout clauses and provisions for grievance machinery terminating in final, binding arbitration. States that the Adjustment Board shall be dissolved after it has processed to completion all of the disputes before it or upon two years from the effective date of this amendment to the Act, whichever first occurs. Provides that if all the disputes before the Board have not been processed to completion by the time of the Board's dissolution date, all such disputes shall be removed to the arbitration process set forth in this Act. Provides that all cases which are being mediated by the National Mediation Board on the effective date of this Act shall be transferred to the Federal Mediation and Conciliation Service no later than thirty days after the effective date of this Act. States that carriers and representatives shall give sixty days written notice of an intended modification of termination in agreements or arrangements affecting rates of pay, rules, or working conditions. Provides that the party desiring such change or termination shall simultaneously notify the Federal Mediation and Conciliation Service which shall commence appropriate mediation efforts. States that the parties shall continue in full force and effect all the terms and conditions of the existing agreement or arrangements for a period of sixty days after such notice is given or until the expiration date of the agreement, whichever occurs later, without resorting to strike or lockout or other economic coercion. Title III: Special Free Collective Bargaining Study Commission - Establishes the Special Free Collective Bargaining Study Commission to study labor relations in those industries which the Secretary of Labor has determined to be particularly vulnerable to national emergency disputes. Empowers the commission to study all the factors affecting labor relations in these industries and to make recommendations on the weaknesses of collective bargaining in the industries studied, including recommendations for legislation, if appropriate. Authorizes the Commission to study the operation of the revised emergency procedures. Title IV: Miscellaneous Provisions - Defines the jurisdictions in which such representatives of employees or carriers may be sued. Repeals the provisions of the Railroad Unemployment Insurance Act that makes strikers eligible for benefits if the strike is not in violation of the Railway Labor Act or of the rules of the labor organization of which he is a member. Disqualifies railroad workers who strike from unemployment insurance benefits in accordance with criteria in State unemployment insurance laws applicable to other industries. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 22 February 1973
Provides, under the Federal Trade Commission Act, that exclusive territorial arrangements in any trademarked licensing contract an agreement for the manufacture, distribution and sale of a trademarked food product shall not be deemed unlawful, provided: (1) that such product is in free and open competition with products of the same general class manufactured, distributed, and sold by others; (2) the licensee is in free and open competition with vendors of other products of the same general class; and (3) the licensor retains control over the nature and quality of such product in accordance with the provisions of the Trademark Act. (Amends 15 U.S.C. 41)
United States · United States Congress · 15 February 1973
Makes it the policy of the Federal Government, in the administration of all Federal programs, that religious beliefs which proscribe the performance of abortions or sterilization procedures (or limit the circumstances under which abortions or sterilizations may be performed) shall be respected. Provides that any provision of law, regulation, contract, or other agreement to the contrary notwithstanding, on and after the enactment of this joint resolution, shall not be imposed, applied, or enforced, in or in connection with the administration of any program established or financed totally or in part by the Federal Government which provides or assists in paying for health care services for individuals or assists hospitals or other health care institutions which would result in causing or attempting to cause, or in obligating, any physician, other health care personnel, or any hospital or other health care institution, to perform, assist in the performance, or make facilities or personnel available for or to assist in the performance, of any abortion or sterilization procedure on any individual, if the performance of such abortion or sterilization procedure on such individual would be contrary to the religious beliefs of such physician or other health care personnel, or of the person or group sponsoring or administering such hospital or other institution.
United States · United States Congress · 7 February 1973
Provides for an additional permanent district judgeship for the eastern district of Arkansas. (Amends 28 U.S.C. 133)
United States · United States Congress · 7 February 1973
Victims of Crime Act - Title I: Compensation for Victims of Violent Crimes - Declares that the purpose of this Act is to promote the public welfare by establishing a means of meeting the financial needs of the innocent victims of violent crimes or their surviving dependents and intervenors acting to prevent the commission of crime or to assist in the apprehension of suspected criminals. Establishes a three Member Violent Crimes Compensation Board within the Department of Justice. Gives the Board various administrative powers. States that the Board shall order the payment of compensation: (1) in the case of the personal injury of an intervenor or victim, to or on behalf of that person; and (2) in the case of the death of the intervenor or victim, to or on behalf of the surviving dependent or dependents of either of them. Provides that the Board shall determine the amount of compensation under this Act: (1) in the case of a claim by an intervenor or his surviving dependent or dependents, by computing the net losses of the claimant; and (2) in the case of a claim by a victim or his surviving dependent or dependents, by computing the pecuniary losses of the claimant. Places various limitations and requirements on orders for compensation, including the provision that no order for compensation shall be in excess of $50,000, including lump-sum and periodic payments. Empowers the Board to subpena and require production of documents, administer oaths to witnesses, hold hearings, and appoint an impartial licensed physician to examine any claimant and order the payment of reasonable fees for such examination. Allows the Board to grant immunity to witnesses. Lists the crimes to which this Act is applicable. Creates the Criminal Victim Indemnity Fund which shall be the repository of: (1) criminal fines paid in the various courts of the United States; (2) additional amounts that may be appropriated to the Fund as provided by law; and (3) such other sums as may be contributed to the Fund by public or private agencies, organizations, or persons. Provides that the Fund shall be utilized only for the purposes of this Act. Establishes the Advisory Council on the Victims of Crime to review the administration of this Act and the various programs of the Omnibus Crime Control and Safe Streets Act of 1968. Requires the Board to transmit an annual report to Congress. Provides that any court of the United States may impose a maximum fine of $10,000, to be deposited into the Criminal Victim Indemnity Fund, on any person convicted of an offense resulting in personal injury, property loss, or death, in addition to any other penalty that might be imposed. Title II: Group Life Insurance for Public Safety Officers - Declares it to be the purpose of this title to promote the public welfare by establishing a means of meeting the financial needs of public safety officers or their surviving dependents through group life, accidental death, and dismemberment insurance, and to assist State and local governments to provide such insurance. Authorizes the Law Enforcement Assistance Administration to purchase from life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act. Provides that each such life insurance company must: (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia; and (2) as of the most recent December 31 for which information is available to the Administration, have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States. Provides that any purchased policy will automatically insure any public safety officer employed on a full time basis by a State or local government which has applied to participate in the insurance program and agreed to deduct from such officer's pay the amount of the premium, to be forwarded to the proper Federal agency. Specifies the amount of life insurance an officer may receive on the basis of his pay rate. Provides that each policy purchased by the Administration under this Act shall contain a provision, in terms approved by the Administration, to the effect that any insurance thereunder on any public safety officer shall cease thirty-one days after: (1) his separation or release from full-time duty as such an officer; or (2) discontinuance of his pay as such an officer, whichever is earlier. Provides that each policy purchased by the Administration under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease. Specifies that during the period such insurance is in force the insured, upon request to the office, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in public safety activities. Requires that during any period in which a public safety officer is insured under a policy of insurance purchased by the Administration under this Act, his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a public safety officer an amount determined by the Administration to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance. Sets forth the order of precedence in which the survivors of the officers will be awarded insurance benefits. States that such policy issued under this title shall include a schedule of basic premium rates and provide for the readjustment of rates. Establishes an Advisory Council on Public Safety Officers Group Life Insurance consisting of the Attorney General as Chairman, the Secretary of the Treasury, the Secretary of Health, Education, and Welfare, and the Director of the Office of Management and Budget. Provides that the Council shall meet once a year, or more often at the call of the Attorney General, and shall review the administration of this Act and advise the Administration on matters of policy relating to activities thereunder. Title III: Death Benefits to Dependent Survivors of Public Safety Officers - Sets forth the order of precedence for payment to survivors of public safety officers. Provides that when a public safety officer has been killed in the line of duty and the direct and proximate cause of such death was a criminal act or an apparent criminal act, the Administration shall make an award of $50,000. Allows the Administration to make an interim benefit payment not to exceed $3,000 prior to final action, where need is shown and the benefit will probably be paid. Title IV: Civil Remedies for Victims of Racketeering Activity and Theft - Provides that any person may institute proceedings for civil relief in the district courts of the United States to prevent and restrain racketeering activities. Provides that relief shall be granted in conformity with the principles which govern the granting of injunctive relief from threatened loss or damage in other cases. Provides that, upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of irreparable loss or damage, a preliminary injunction may be issued in any action before a determination thereof upon its merits. Authorizes the Attorney General, whenever the United States is injured, to recover actual damages plus the cost of the actions and a person injured in his business to recover treble damages for violations of such activities. Provides that actions under such provision shall be brought without regard to the amount in controversy. Provides that the Attorney General may upon timely application intervene in any civil action or proceeding brought under such Act, if the Attorney General certifies that in his opinion the case is of general public importance. Provides that a final judgment or decree rendered in favor of the United States in any criminal or civil action or proceeding under this chapter shall estop the defendant in any subsequent civil proceeding as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto. States that any civil action under this title shall be barred unless it is commenced within five years after the cause of action occurred. Makes it unlawful for any person to embezzel, steal, or unlawfully take, carry away, or conceal, or by fraud or deception obtain, with intent to convert to his own use, any money, baggage, goods, chattels, or other property which is moving as, or which is a part of, or which constitutes an interstate or foreign shipment from any pipeline system, railroad car, wagon, motor truck, or other vehicle, or from any tank or storage facility, station, station house, platform, or depot, or from any steamboat, vessel, or wharf, or from any aircraft, air terminal, airport, aircraft terminal, or air navigation facility, or to buy, receive, or have in his possession any such money, baggage, goods, chattels, or other property, knowing, or having reason to know, that it has been embezzeld, stolen, or otherwise unlawfully taken, carried away, concealed, or obtained. Declares it to be unlawful for any person to embezzel, steal, or unlawfully take, carry away, or conceal, or by fraud or deception obtain, with intent to convert to his own use, any money, baggage, goods, chattels, or other property, which shall have come into the possession of any common carrier for transportation in interstate or foreign commerce, or to break into, embezzel, steal, unlawfully take, carry away, or conceal, or by fraud or deception obtain, with intent to convert to his own use, any of the contents of such baggage, goods, chattels, or other property, or to buy, receive, or have in his possession any such money, baggage, goods. chattels, or other property, knowing or having reason to know that it has been embezzeld or stolen or otherwise unlawfully taken, carried away, concealed, or obtained. Makes it unlawful for any person to obtain such property knowing or having reason to know that it has been embezzeld, stolen, or otherwise unlawfully taken, carried away, concealed, or obtained. Prescribes penalties for violations of the provisions of this title consisting of a fine not to exceed $5000, imprisonment for not more than ten years, or both. Grants jurisdiction to the district courts of the United States without regard to the amount in controversy. Title V: Miscellaneous Provisions - Authorizes appropriations for fiscal years 1973 and 1974 to carry out the various provisions of this Act.
United States · United States Congress · 7 February 1973
Authorizes assistance, under the Small Business Act, to small business concerns in financing structural, operational, or other changes to meet standards required pursuant to Federal or State laws. (Amends 15 U.S.C. 636(b))
United States · United States Congress · 7 February 1973
Makes it the policy of the Congress that our fishing industry be afforded all support necessary to have it strengthened, and all steps be taken to provide adequate protection for our coastal fisheries against excessive foreign fishing. Declares that the Congress recognizes, encourages, and intends to support the key responsibilities of the several States for conservation and scientific management of fisheries resources within United States territorial waters; and that the Congress particularly commends Federal programs designed to improve coordinated protection, enhancement, and scientific management of all United States fisheries, both coastal and distant, including presently successful Federal aid programs under the Commercial Fisheries Research and Development Act of 1964, and the newly developing Federal-State fisheries management programs.
United States · United States Congress · 5 February 1973
Speedy Trial Act - Title I: Speedy Trials - Provides in any case involving a criminal defendant for the commencement of trial within 60 days from the date the defendant is arrested, served charged with an offense the appropriate judicial officer shall set a day certain for trial. with a summons, indicted or has an information filed against him. States that for the first 12 months after the date of enactment of this Act the time limit shall be 180 days and for the next 12 months such time limit shall be 120 days. Provides that certain pretrial motions, hearings or interlocutory appeals shall not be included in the 60 day computation. Permits the exclusion of periods of delay resulting from the defendant's absence, incompetence or an agreement with the prosecution. Provides that if a defendant is not brought to trial within the 60 day period, the information or indictment shall be dismissed on defendant's motion. Provides sanctions on either the counsel for the defendant or the government if they knowingly engage in dilatory practices. Provides that the Act is to become effective one year after its enactment. Directs in the interim that every judicial district adopt a plan to insure a speedy trial. Authorizes necessary appropriations to carry out the provisions of this title. Title II: Pretrial Services Agencies - Authorizes the Director of the Administrative Office of the United States Courts to establish in the 10 judicial districts a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under 18 U.S.C. chapter 207. Vests the powers of each pretrial services agency in a Board of Trustees appointed by the chief judge of that judicial district. Specifies the functions and powers of such pretrial services agencies and provides that the Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies.
United States · United States Congress · 1 February 1973
Allows a defendant to file an application for leave to appeal from the district court to the court of appeals the sentence of imprisonment or death imposed in any felony case: (1) after a finding of guilt; (2) after the modification of an order suspending the imposition or execution of a sentence, or (3) after a resentence under any other applicable provision of law. States that in reviewing such application the court of appeals shall consider whether the sentence imposed on the defendent is excessive, although within lawful limits. Provides that if the application for leave to appeal is denied by the court of appeals, the decision is final and not subject to further judicial review. Provides that upon consideration of the appeal the court of appeals may dismiss the appeal, affirm, reduce, modify, vacate, or set aside the sentence imposed, remand the cause and direct the entry of an appropriate sentence or direct such further proceedings to be had as may be required under the circumstances. States the defendent's sentence shall not be increased as a result of an appeal under this Act. (Adds 18 U.S.C. 3742)
United States · United States Congress · 31 January 1973
Prohibits the impoundment of funds from the Highway Trust Fund which have been apportioned and appropriated by Congress.
United States · United States Congress · 26 January 1973
Requires that imported meat and meat food products made in whole or in part of imported meat must be labeled "imported" at all stages of distribution until delivery to the ultimate consumer, under the Federal Meat Inspection Act. (Amends 21 U.S.C. 620(a))
United States · United States Congress · 23 January 1973
Provides that appointments to the offices of Director and Deputy Director of the Office of Management and Budget shall be subject to confirmation by the Senate.
United States · United States Congress · 23 January 1973
Limits the term of service of the Director of the Federal Bureau of Investigation to four years, effective after January 3, 1973. (Amends 28 U.S.C. 532 nt)
United States · United States Congress · 23 January 1973
Veterans Drug Abuse Rehabilitation Act - Permits the Administrator of Veterans' Affairs to furnish hospital care and medical services for the treatment of drug or alcohol addiction or drug or alcohol dependency to eligible veterans and members of their immediate families who request such care or service. Provides that, if the Administrator determines it necessary to the effective treatment of any eligible veteran applying for treatment under the provisions of this Act, he may require, as a condition to providing such treatment, that such veteran agree in writing to make himself available for such treatment for such minimum period of time and on such terms and conditions as the Administrator may prescribe. Allows the Administrator to refuse further treatment under this Act to any veteran who violates the terms of any agreement entered into with the Administrator.
United States · United States Congress · 23 January 1973
Declares that the Senate has heard with profound sorrow and deep regret the announcement of the death of the Honorable Lyndon B. Johnson, a former President of the United States, and a former Representative and former Senator from the State of Texas. Provides that in recognition of his illustrious statesmanship, his leadership in national and world affairs, his distinguished public service to his State and his Nation, and as a mark of respect to one who has held such eminent public station in life, the Presiding Officer of the Senate appoint a committee to consist of all of the members of the Senate to attend the funeral of the former President. Declares that the Senate tenders its deep sympathy to the members of the family of the former President in their sad bereavement, and that the Secretary communicate these resolutions to the House of Representatives and transmit a copy thereof to the family of the former President.
United States · United States Congress · 16 January 1973
Requires the President, when he impounds funds appropriated or otherwise obligated for a specific purpose or project, within ten days thereafter transmit to the Senate and the House of Representatives a special message specifying: (1) the amount of the funds impounded; (2) the date on which the funds were ordered to be impounded; (3) the date the funds were impounded; (4) any account, department, or establishment of the Government to which such impounded funds would have been available for obligation except for such impoundment; (5) the period of time during which the funds are to be impounded; (6) the reasons for the impoundment; and (7) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the impoundment. Requires the President to cease the impounding of funds set forth in each special message within sixty calendar days of continuous session after the message is received by the Congress unless the specific impoundment shall have been ratified by the Congress by passage of a resolution. Establishes rules of debate for such resolutions.
United States · United States Congress · 11 January 1973
Designates specified lands, including the following, as wilderness in furtherance of the provisions of the Wilderness Act: (1) certain lands in the Bankhead National Forest, Alabama; (2) certain lands in the Ouachita National Forest, Arkansas; (3) certain lands in the Ozark National Forest, Arkansas; (4) certain lands in the Appalachicola National Forest, Florida; (5) certain lands in the Chattahooche and Cherokee National Forests, Georgia and Tennessee; (6) certain lands in the White Mountain National Forest, Maine; (7) certain lands in the Mark Twain National Forest, Missouri; (8) certain lands in the White Mountain National Forest, New Hampshire; (9) certain lands in the Nantahala and Cherokee National Forests, North Carolina and Tennessee; (10) certain lands in the Monongahela National Forest, West Virginia; (11) certain lands in the George Washington National Forest, Virginia and West Virginia; (12) certain lands in the Jefferson National Forest, Virginia; (13) certain lands in the Daniel Boone National Forest, Kentucky; (14) certain lands in the Sumter National Forest, South Carolina; (15) certain lands in the Green Mountain National Forest, Vermont; (16) certain lands in the Chequamegon National Forest, Wisconsin; (17) certain lands in the Clark National Forest, Missouri; and (18) certain lands in the Hiawatha National Forest, Michigan. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 4 January 1973
Authorizes the modification of the White River Basin project in the State of Arkansas.
United States · United States Congress · 4 January 1973
Authorizes the modification of the Cache River Basin Feature, Mississippi River and tributaries project, in the State of Arkansas for fish and wildlife management purposes.
United States · United States Congress · 4 January 1973
Provides a special bonus for members of the armed forces of the United States who were held as prisoners of war during the Vietnam era. States that such bonus shall be in an amount not less than $1,000 or more than $10,000 to be determined by such factors as length of time spent as a prisoner of war, severity of circumstances while imprisoned, and pay grade during imprisonment. (Adds 37 U.S.C. 559)
United States · United States Congress · 4 January 1973
Directs the Secretary of Transportation to study and report by January 1, 1974, a proposed interstate highway from Kansas City to Baton Rouge through the State of Arkansas.
United States · United States Congress · 4 January 1973
Establishes a national policy relative to the revitalization of rural and other economically distressed areas by providing incentives for a more even and practical geographic distribution of industrial growth and activity and developing manpower training programs to meet the needs of industry. Provides that the President shall issue appropriate directives to all departments, agencies, and independent establishments in the executive branch of the Government of the United States embodying the national policy. Directs the President to require such departments, agencies, and independent establishments to comply therewith, to the maximum extent that compliance is practicable and feasible. Provides that, not later than one hundred and twenty days following the effective date of this Act, each such department, agency, and independent establishment shall file with the Comptroller General of the United States, in such form as he shall prescribe, a comprehensive report with respect to all such activities, accompanied by specific recommendations concerning the most effective means by which such programs and activities may be directed or redirected in compliance with the national policy set forth in this Act. Authorizes the Comptroller General of the United States to establish in the General Accounting Office a Board for the Revitalization of Rural and Economically Distressed Areas. Provides that the Board shall be composed of three officers of the General Accounting Office who shall be designated by the Comptroller General from among senior officers who are knowledgeable and experienced with respect to the subject matter of the national policy set forth in this Act. Provides that officers of the General Accounting Office who are so designated shall, to the maximum extent practicable, be relieved of all other duties. Provides that the Board shall study and evaluate the reports and recommendations filed with the Comptroller General, as well as all other pertinent materials, in order to determine whether the departments, agencies, and independent establishments are complying with the national policy.
United States · United States Congress · 4 January 1973
Public Safety Officer's Benefits Act - Provides that when a public safety officer has been killed in the line of duty and the direct and proximate cause of such death was a criminal act or an apparent criminal act, the Law Enforcement Assistance Administration shall pay a benefit of $50,000 to specified persons under this Act. Provides that benefits shall not be paid under this Act: (1) if the death was caused by the intentional misconduct of the public safety officer or by such officer's intention to bring about his death; (2) if voluntary intoxication of the public safety officer was the proximate cause of such officer's death; or (3) to any person who would otherwise be entitled to a benefit under this part if such person's actions were a substantial contributing factor to the death of the public safety officer. Authorizes necessary appropriations to carry out the provisions of this Act.