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Bill· HRH.R. 825 (93rd)referred
United States · United States Congress · 3 January 1973
Extends eligibility for coverage under Servicemen's Group Life Insurance to: (1) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which he may be required to perform active duty; (2) a person assigned to the Retired Reserve of a uniformed service who has not received the first increment of retirement annuities or has not yet reached 61 years of age and has completed at least 20 years of satisfactory service creditable for retirement purposes; and (3) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises. Provides that an insurance policy for a member of the Ready Reserve shall cease 120 days after separation or release from such assignment unless on the date of separation the member is totally disabled, or has completed 20 years of service creditable for retirement purposes. Continues the insurance policy of a member of the Retired Reserve until such time as the member receives the first increment of retirement annuity, or the member's sixty-first birthday, whichever occurs earlier. Makes provisions for the conversion of Servicemen's Group Life Insurance following termination to a policy with a participating life insurance company. Provides for the payment of premiums by a deduction from the pay of a member of the Reserve or Ready Reserve. Authorizes the Secretary of the Army or the Secretary of the Air Force, as the case may be, to allow a member of the National Guard who is not on active duty to make allotments from his pay for the payment of premiums under a group life insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State. (Amends 38 U.S.C. 765-771; Adds 37 U.S.C. 707)
Bill· HRH.R. 824 (93rd)referred
United States · United States Congress · 3 January 1973
Permits members of the Military Reserves and the National Guard to receive retired pay at age 55 for nonregular military service. (Amends 10 U.S.C. 1331(a)(i))
Bill· HRH.R. 750 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that, whenever the President finds it necessary in the interest of the United States commitments abroad to provide facilities and services for the Veterans of Foreign Wars of the United States in foreign areas, he may authorize the Secretary of Defense, under such regulations as the Secretary may prescribe, to cooperate with and assist the Veterans of Foreign Wars of the United States in establishing and providing those facilities and services.
Bill· HRH.R. 751 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the payment of a per diem to a member of the uniformed services who is assigned to a duty station outside of the United States in a restricted area if, in connection with such assignment, his dependents move to the legal residence of such member and if such residence is in Alaska, Hawaii, Puerto Rico, or a territory or possession of the United States. (Amends 37 U.S.C. 405)
Bill· HRH.R. 718 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that under the Defense Appropriations Act of 1973 no funds heretofore or hereafter appropriated may be used for United States forces with respect to military actions in Indochina except for the withdrawal within thirty days after the date of the enactment of this Act of all United States ground, naval, and air forces from Vietnam, Laos, and Cambodia; conditioned upon the release within the thirty-day period of all Americans held as prisoners of war by the Government of North Vietnam and all forces allied with that Government. States that such withdrawals shall not be completed until there has been an accounting for United States servicemen missing in action by the Government of North Vietnam or any Government allied therewith.
Bill· HRH.R. 749 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that the retired pay of any member or former member of the Armed Forces who was on active duty or in an active status on or before May 31, 1958, and who became or will become entitled to receive retired pay based upon age, length of service, or physical disability under provisions of the Career Compensation Act of 1949, shall be computed at current active duty pay rates and increased to reflect later changes in applicable pay rates.
Bill· HRH.R. 748 (93rd)referred
United States · United States Congress · 3 January 1973
Provides procedures for redressing grievances of members of the Armed Forces. Prohibits and makes punishable by confinement the following acts when committed by a member of the Armed Forces: the maintenance of unsafe and unsanitary military penal facilities; brutal treatment or cruel and unusal punishment of a prisoner in a military penal facility; brutal treatment of another member of the Armed Forces under color of duty; and denial of constitutional rights to another member of the Armed Forces. Creates a United States Military Justice Commission, to be composed of 11 Presidential appointees and headed by a Chairman, who will be responsible for all administrative operations of the Commission. Establishes the position of Commission General Counsel, who will have final authority with respect to the investigation of complaints. Gives the Commission jurisdiction to determine complaints concerning the offenses listed above, and to adjudge punishment for the violation. Gives the commission the discretion to initiate investigations to determine whether violations have occurred. Prescribes the procedure for filing complaints, for the Commission's action on a complaint, and pretrial and trial procedure. Grants the Commission exclusive jurisdiction over the violations listed above, except for the authority of the United States civil courts to grant writs of habeas corpus. Provides for an annual review and study of the operation of these provisions. Establishes a United States Court of Military Grievances, to consist of 3 judges appointed by the President with the advice and consent of the Senate. Provides that the Court will review the record in cases where a Commission sentence affects a general or flag officer; cases decided by the Commission and sent to the Court for review; and cases decided by the Commission on which the Court grants review. Permits the Court to order a rehearing or dismiss the charges.
Bill· HRH.R. 721 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that, subject to the approval of the Secretary concerned, after consultation with the Secretary of State and the Armed Services Committees of Congress, any Reserve or any retired officer of any component or any enlisted personnel entitled to retired or retainer pay may accept employment with, and compensation from, any foreign government or any concern that is wholly or partly controlled by a foreign government. (Adds 10 U.S.C. 973)
Bill· HRH.R. 695 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the transfer of all or part of a veterans' educational assistance to their spouses. Provides for educational assistance at the secondary school level to widows, widowers, and spouses eligible for veterans benefits educational assistance.
Bill· HRH.R. 646 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the Administrator of Veterans' Affairs to disregard the spouse's income in determining the annual income of veterans for purposes of the non-service-connected disability pension.
Bill· HRH.R. 647 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that public or private retirement annuity, or endownment payments (including monthly social security insurance benefits) shall not be included in computing annual income for the purpose of determining eligibility for Veterans pensions.
Bill· HRH.R. 652 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the granting of retired pay to persons otherwise qualified who were in the Reserves before August 16, 1945, and who served on active duty during August 13, 1961-June 1, 1963 or after August 4, 1964 and before the date designated by Presidential Proclamation or Congressional concurrent resolution. (Amends 10 U.S.C. 1331c)
Bill· HRH.R. 611 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that the use of Government production equipment by private contractors under contracts entered into by the Department of Defense, and other Federal agencies, may be arranged by such Departments or agencies only upon the conditions set out in this Act. Requires Government officials to promulgate regulations for control of production equipment which is the property of their respective agencies and which is presently or hereafter may be furnished by their agencies by any means to a private contractor. Requires inventory records to be kept by those contractors covered by this Act. Provides for the sale and continued maintenance of equipment by agency heads. Requires an explanatory statement of the circumstances of each sale under this Act of property having an original acquisition value in excess of $25,000. Provides for annual reports to the Congress detailing all such sales of property valued at $25,000 or more. (Adds 10 U.S.C. 2315)
Bill· HRH.R. 640 (93rd)referred
United States · United States Congress · 3 January 1973
Makes retired personnel of the Armed Forces eligible to receive Civil Service benefits and compensation for work injuries. ((Amends 5 U.S.C. 8116(a)(2))
Bill· HRH.R. 616 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the Secretary of the Army to establish a national cemetery at Camp Parks, California, for northern California. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
Bill· HRH.R. 612 (93rd)referred
United States · United States Congress · 3 January 1973
Uniformed Services Retired and Retainer Pay Equalization Act - Provides that, notwithstanding any other provision of law, a member or former member of the uniformed service who is entitled to retired or retainer pay in effect after September 30, 1949, and before January 1, 1971, is entitled to have that pay recomputed under the rates of basic pay in effect on January 1, 1971. Lists provisions for such recomputation.
Bill· HRH.R. 568 (93rd)referred
United States · United States Congress · 3 January 1973
Increases from $3.50 to $4.50 for domiciliary care, from $5.00 to $6.00 for nursing home care, and from $7.50 to $10.00 for hospital care, the per diem rate the Administrator of Veterans' Affairs may pay a State for each veteran of any war receiving such care in a State home. Extends such services and coverage to any veterans of service after January 31, 1955. (Amends 38 U.S.C. 641) Increases to 65 percent the percentage of the cost that the Federal Government may pay through grants to States for projects for remodeling, modification, or alteration of existing hospital or domiciliary facilities in State homes providing care and treatment for veterans, and for projects for construction of such facilities. (Amends 38 U.S.C. 644(b), 5035) Increases to 65 percent the recapture percentage allowable by the Federal Government of the cost of such new facilities that cease to serve veterans twelve years after completion of the facility. (Amends 38 U.S.C. 5036)
Bill· HRH.R. 531 (93rd)referred
United States · United States Congress · 3 January 1973
Reduces the required deposit by an institution of higher learning to the student loan fund by an amount equal to the reasonable expenses incurred by such institution in administering its loan program under the National Defense Education Act of 1958. (Amends 20 U.S.C. 424)
Bill· HRH.R. 518 (93rd)referred
United States · United States Congress · 3 January 1973
Establishes new formulas with respect to the computation of the payment of benefits and/or compensation for the month in which the death of a veteran occurs. Provides that the amount of veterans benefits to which any payee was entitled under this title for the month in which his death occurs shall be an amount which bears the same ratio to the amount of such benefits to which such payee would have been entitled had he lived for the entire month, as the number of days such payee lived in such a month bears to the total number of days in such month. Provides that the amount of death compensation, dependency and indemnity compensation, or death pension to which a payee shall be entitled for the month in which the death of the individual occurred on which the payment of such compensation or pension is based shall be an amount which bears the same ratio to the amount of such compensation or pension, as the case may be, which would be payable for such entire month, as the number of days remaining in such month after the date on which such death occurred bears to the total number of days in such month.
Bill· HRH.R. 556 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the Administrator of Veterans' Affairs to make grants to any institution of higher education to assist such institution in employing a full-time veterans' advisory and assistant officer to counsel veterans on all matters relating to education and career guidance, including campus orientation career guidance, financial assistance, placement planning, registration processing, and tutorial assistance. Authorizes the Secretary of Health, Education, and Welfare to carry out on a trial basis a special program for veterans who have a high school diploma and who have an academic deficiency which prevents them from qualifying for entrance in any education or training program, under standard entrance criteria, in any institution of higher education. Defines the term "institution of higher education" for purposes of this Act.
Bill· HRH.R. 519 (93rd)referred
United States · United States Congress · 3 January 1973
Requires the Administrator of Veterans' Affairs to annually increase or decrease, in an amount equal to the percentage by which the Bureau of Labor Statistics Consumer Price Index increased or decreased since rates were last changed, the monthly rates of the following veterans' benefits: compensation, dependency and indemnity compensation, pensions, subsistence allowances, educational assistance allowances, and special training allowances.
Bill· HRH.R. 503 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that personal delivery of notification of death of servicemen to the next-of-kin be made only by commissioned officers or an officer appointed as chaplain. (Adds 10 U.S.C. 1042)
Bill· HRH.R. 517 (93rd)referred
United States · United States Congress · 3 January 1973
Extends eligibility for dental services for a dental condition or disability to a veteran who was a prisoner of war for more than 180 days. ((Amends 38 U.S.C. 612(b))
Bill· HRH.R. 474 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that pursuant to the Internal Revenue Code provisions exempting from income taxes the income of members of Armed Forces who die while serving in a combat zone that in no case shall the date of death of a member be determined to be a date earlier than the statutory date of presumed death. (Amends 26 U.S.C. 692)
Bill· HRH.R. 504 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that the retired pay of any member or former member of the Armed Forces who was on active duty or in an active status on or before May 31, 1958, and who became or will become entitled to receive retired pay based upon age, length of service, or physical disability under provisions of the Career Compensation Act of 1949, shall be computed at current active duty pay rates and increased to reflect later changes in applicable pay rates.
Bill· HRH.R. 500 (93rd)referred
United States · United States Congress · 3 January 1973
Uniformed Services Retirement Pay Equalization Act - Provides that the retired pay of each retired officer of the Navy or the Marine Corps shall be computed on the basis of rates of pay provided by law at the time of his retirement or subsequently for officers on the active list. Permits retired members of the uniformed service, who were retired by reason of physical disability and who are entitled to retired or retainer pay computed under the Career Compensation Act of 1949, to elect within the one-year period following the effective date of this Act, to receive disability retirement pay under this Act in lieu of that retired or retainer pay to which they are otherwise entitled. (Adds 10 U.S.C. 6149)
Bill· HRH.R. 477 (93rd)referred
United States · United States Congress · 3 January 1973
Provides veterans with a 10-year delimiting period (presently 8-year period) for completing education programs under title 38 (Veterans' Benefits) of the United States Code. (Amends 38 U.S.C. 1662)
Bill· HRH.R. 439 (93rd)referred
United States · United States Congress · 3 January 1973
Stipulates that benefit increases under title II of the Social Security Act (Old-Age, Survivors', and Disability Insurance), provided for by Public Laws 92-326 and 92-603 be disregarded for the purposes of determining eligibility for veterans' pension or compensation. (Adds 38 U.S.C. 415 (g) (4); 503 (c))
Bill· HRH.R. 464 (93rd)referred
United States · United States Congress · 3 January 1973
Entitles retired members of the uniformed services to have their retired pay recomputed on the basis of rates of basic pay that are now or may hereafter be authorized for uniformed services personnel in an active duty status. Requires that such members have retired prior to June 1, 1958, and have had their retired pay computed on laws enacted on or after October 1, 1949.
Bill· HRH.R. 422 (93rd)referred
United States · United States Congress · 3 January 1973
Directs the President to establish national defense petroleum reserves which shall have a petroleum producing capacity sufficient to protect the United States against a continuous one year interruption of the importation of petroleum from foreign countries not contiguous to the United States, which the President has determined to be insecure sources. Provides that, to the extent deemed necessary, the President may treat existing petroleum reserves established under other laws as part of the national reserves and is authorized to acquire lands adjacent to such existing reserves and to enter into contracts to protect or increase the capacity of these existing reserves. Provides that nothing in this act shall require or authorize the cancellation or termination of any existing lease, or the taking of lands or use thereof, which have been set aside for purposes of recreation, conservation or public use. Requires the President to submit a quarterly report to the Joint Committee on Defense Production.
Bill· HRH.R. 414 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that, in the absence of a declaration of war by the Congress, the President of the United States is authorized to commit Armed Forces of the United States to military hostilities only: (1) to repel any attack against the United States, its territories, or possessions; (2) to repel any attack against the Armed Forces of the United States on the high seas, in the air, or lawfully stationed on foreign territory; (3) to protect the lives of United States nationals abroad; and (4) to comply with a national commitment resulting from treaty, convention, or legislative enactment specifically intended to give effect to such commitment. Establishes a Joint Committee on National Security which shall meet within twenty-four hours after the initiation of such hostilities. Directs the President to report the initiation of such hostilities to the joint committee, together with a full account of the circumstances bearing on the necessity for the initiation of such hostilities. Provides that the joint committee shall not have authority to report legislation to the floor of either House, but it shall transmit information under this Act together with its recommendation for legislation to be considered or adopted. States that military hostilities by the Armed Forces of the United States shall not be continued for more than thirty days from the date such hostilities are initiated unless the authority to continue such hostilities for more than thirty days is contained in enabling legislation enacted by the Congress, including a declaration of war.
Bill· HRH.R. 417 (93rd)referred
United States · United States Congress · 3 January 1973
Provides for the establishment by the Secretary of the Army of a national cemetery at Westfield, Massachusetts.
Bill· HRH.R. 416 (93rd)referred
United States · United States Congress · 3 January 1973
National Cemeteries Act - Establishes in the Veterans' Administration a National Cemetery System consisting of all cemeteries of the United States in which veterans of any war or conflict or of service in the Armed Forces are or may be buried. Establishes an eleven-man Commission on American Battle Monuments and National Cemeteries which shall make reports and recommendations to the President concerning the administration of the National Cemetery System, the selection of cemetery sites, and the erection of appropriate memorials and monuments. Directs the Veterans' Administration to conduct a study of the planning criteria applicable to national cemeteries. Specifies who is eligible to be buried in national cemeteries and sets aside plots for memorials for servicemen missing in action. Specifies who is eligible for interment in overseas cemeteries and directs the Administrator to make all rules and regulations and conduct whatever business is necessary to establish and maintain such cemeteries. Authorizes the Administrator to dispose of inactive cemeteries, to acquire land for cemeteries, and to accept and maintain suitable memorials for the beautification of such cemeteries. Prescribes a penalty for defacing cemeteries of not less than $25 or more than $100 or imprisonment for not less than 15 days or more than 60 days. Designates when the Administrator shall furnish headstones and markers for unmarked graves. Repeals various provisions of law, except with respect to rights and duties that matured, penalties, liabilities, and forfeitures that were incurred and proceedings that were begun before the effective date of this Act, which deal with National Cemeteries and Monuments.
Bill· HRH.R. 350 (93rd)referred
United States · United States Congress · 3 January 1973
Allows an income tax credit under the Internal Revenue Code for individuals who retired from the Armed Forces prior to June 1, 1958, to correct losses of retired pay sustained by such individuals. Limits the amount of the credit for any taxable year to the lowest of the following: (1) an amount equal to one-sixth of the lost retired or retainer pay; (2) the amount of the tax imposed for such taxable year, reduced by the sum of the credits allowable under the Internal Revenue Code provisions relating to tax withheld at source on tax-free covenant bonds, relating to foreign tax credit, relating to partially tax exempt interest, relating to retirement income, and relating to investment in certain depreciable property; (3) an amount equal to the excess of the lost retired or retainer pay over the sum of the credits allowable for prior taxable years.
Bill· HRH.R. 381 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes the Secretary of the Army to establish a national cemetery in Florida at a location deemed appropriate.
Bill· HRH.R. 380 (93rd)referred
United States · United States Congress · 3 January 1973
Treats limited expeditionary campaigns such as Haiti, Cuba, Nicaragua and Mexico as periods of war for the purposes of eligibility for veterans' benefits.
Bill· HRH.R. 314 (93rd)referred
United States · United States Congress · 3 January 1973
Provides for the cancellation of student loans under the student loan provisions of the National Defense Education Act of 1958 for service in mental hospitals and schools for the handicapped. (Amends 20 U.S.C. 425(b)(3)(B))
Bill· HRH.R. 310 (93rd)referred
United States · United States Congress · 3 January 1973
Uniformed Services Special Pay Act - Provides that an officer of the Army or Navy in the Medical or Dental Corps, an officer of the Air Force who is designated as a medical or dental officer, or a medical or dental officer of the Public Health Service, who is on active duty for a period of more than thirty days is entitled, in addition to any other pay or allowances, to special pay at the following rates: (1) $100 a month for each month of active duty if he has not completed two years of active duty in a category named above; or (2) $350 a month for each month of active duty if he has completed two years of active duty. Provides that a member of a uniformed service who: (1) has completed at least twenty-one months of active duty (other than for training); (2) is designated as having a critical military skill; and (3) reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years; may be paid a sum of money, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount. States that a person who enlists in an armed force for a period of at least three years or who extends his initial period of active duty in that armed force to a total of at least three years, may under regulations to be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, be paid an amount prescribed by the Secretary concerned but not more than $3,000. Provides for special pay for officers of the armed forces in health professions who execute active duty agreements. States that upon acceptance of such agreement by the Secretary concerned such officer is entitled to an amount not to exceed $12,000 for each year of the active duty agreement. Provides that such officer must be qualified in a critical health profession and qualified, as determined by a board composed of officers in his profession, to enter into such an agreement. Requires the Secretary of Defense and the Secretary of Health, Education, and Welfare to submit a written report each year to the Committee on Armed Services of the Senate and the House of Representatives regarding the operation of this program. Provides that an officer of an armed force who is designated by the Secretary concerned as an officer possessing skills in a critical shortage specialty and whose retention on, or voluntary recall to, active duty would be of benefit to the United States, and who executes an agreement to serve on continuous active duty in that specialty for a period of not less than one year, but not more than six years, in addition to any other period of active duty for which he is obligated, may be paid, in addition to all other compensation, a sum of money not to exceed $4,000 for each year of such agreement. Provides special pay for participation in the Selected Reserve of the Ready Reserve of an armed force. States that the amount of special pay for those persons possessing critical military skills as determined by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard shall be: (1) up to $2,200 for a six-year enlistment, reenlistment or extension of the enlistment period; or (2) for a lesser enlistment, reenlistment or extension of enlistment period, ten percent of the total for one year, twenty-two percent of the total for two years, thirty-seven percent of the total for three years, fifty-four percent of the total for four years, or seventy-five percent of the total for five years. States that the amount of such pay for persons not possessing such critical skills shall be: (1) up to $1,100 for a six-year enlistment, reenlistment or extension of enlistment period; or (2) an amount as determined by the above formula for a lesser enlistment, reenlistment or extension of enlistment period.
Bill· HRH.R. 321 (93rd)referred
United States · United States Congress · 3 January 1973
Provides for cost-of-living increases for veterans' compensation, dependency and indemnity compensation and pension payments equal to the rise in the consumer price index when the Administrator of Veteran's Affairs determines that the Consumer Price Index has increased by 3 percent or more.
Bill· HRH.R. 291 (93rd)referred
United States · United States Congress · 3 January 1973
Military Justice Act - Establishes an independent courts-martial command composed of four divisions: defense, prosecution, judicial, and administration. Grants a number of powers to military judges: (1) the power to "issue all writs necessary or appropriate in aid of . . ." their jurisdiction as provided in the "All Writs" Act now applicable to all Federal judges; (2) the same contempt power as is now possessed by the Federal judiciary; and (3) the power to authorize searches and issue arrest warrants. Extends to servicemen certain basic rights, such as: (1) the right to appointment of an independent defense counsel upon request immediately following arrest; (2) the right to a formal hearing before an independent military judge within 24 hours of arrest, to determine whether there is probable cause to hold him for trial; (3) the right to obtain subpoenas from an independent military judge (prosecutor now holds sole power to issue subpoenas); (4) the right to protection against trial by court-martial after trial in a State court for the same act, and vice-versa; and (5) the right of military defense attorneys to seek collateral relief for their clients in civilian courts when appropriate (relief currently available only if the accused serviceman has civilian counsel). Reclassifies the types of court-martial to upper courts-martial and lower courts-martial, and sets forth the composition and jurisdiction of each. Eliminates summary courts-martial. Establishes a system of random selection for members of special and general courts-martial, and abolishes the requirements that two-thirds of the members of such courts-martial must be officers. Transfers from the commanding officers to the independent military judges the power to release an accused serviceman pending trial or pending appeal. Grants complete credit for pretrial confinement towards any ultimate sentence. Eliminates the power of the convening authority to review sentences and findings. Transfers the sentencing power, with the added power to suspend sentences, from the members of the court (the "jury") to the military judges in all cases. Permits all confined servicemen including those awaiting trial or appeal to participate in work, exercise and rehabilitation programs wherever adequate facilities are available. Directs an existing code review committee to study and suggest revisions in the current table of maximum punishments. Permits the Judge Advocate General of each service to review cases not automatically reviewable by the Court of Military Review. Empowers the Supreme Court to issue writs of certiorari to the Court of Military Appeals. Enlarges the Court of Military Appeals from three to nine judges and authorizes it to sit in panels of three judges each. Directs the existing Code review committee to study and, within one year, to recommend solutions in areas: (1) the desirability of transferring jurisdiction over some offenses to the Federal courts; (2) additional methods of eliminating delays in the appellate process; and (3) means of dealing with prisoners who complete the service of their sentence to confinement prior to the completion of appellate review.
Bill· HRH.R. 316 (93rd)referred
United States · United States Congress · 3 January 1973
Military Justice Act - Vests in an independent Court-Martial Command the powers to convene courts-martial; to detail military judges and defense and prosecuting attorneys; and to choose the members of the court (the jury). Provides that this independent Courts-Martial Command would take over the functions now performed by the commander. Places the Courts-Martial Command under the administrative supervision of the Judge Advocate General and divides it into regional commands. Creates four divisions: Prosecution, Defense, Judicial, and Administration. Provides that the Prosecution Division would receive complaints from any interested person, investigate them, and prefer charges only if it is felt that there was sufficient evidence to convict the accused of the charges brought against him. Provides that the accused be brought before a military judge who would have to determine whether there was probable cause to hold the accused for trial. Provides that after the preliminary hearing and the determination by the judge that the charges should not be dropped, the Prosecution Division would refer the case to a special or general court-martial, as appropriate. Gives the Prosecution Division responsibility for detailing trial counsel (the prosecutor) to courts-martial trials. Makes the Judicial and Defense divisions responsible for detailing military judges and defense attorneys to court-martial trials. Provides that members of the Judicial and Defense Divisions would be responsible only to the chiefs of their respective divisions, and to the Judge Advocate General. Provides that the performance of members of the division be rated by members of that division alone. Makes the Administration Division responsible for picking at random the members of the court for general administrative duties and for detailing or employing court reporters and interpreters. Provides that any person, including the commander, would be entitled to refer charges to the Prosecution Division for possible trial. Retains the commander's nonjudicial punishment powers. Abolishes the summary courts-martial. Grants to military judges at the trial level the power to issue all writs necessary or appropriate in aid of their jurisdiction, as now provided in the All Writs Act. Gives military judges the power to punish for contempt. Limits such punishment to confinement for not more than 30 days or a fine not to exceed $100 or both. Grants powers over sentencing to the professional judges. Transfers the sentencing power, including the power to issue suspended sentences (but not including sentences of death) to the military judge. Allows the judge to impose a death sentence if the crime was one for which the code specifically allows that penalty, and if the court-martial's jurors unanimously recommend that penalty. Provides that the final decision would be up to the judge and the recommendation would not be binding upon him. Revises the Uniform Code of Military Justice to provide for the appointment of a member of the Defense Division of the independent trial command upon request immediately following arrest at a formal hearing. Transfers the subpena power from the trial counsel to the military trial judges. Abolishes the requirement that expected testimony be revealed in advance. Requires both prosecution and defense counsel to show that the subpena was necessary to an adequate presentation of their case. Outlines in detail the information each party can obtain from the other in discovery. Prohibits trial by court-martial after trial in a State court for the same act, and vice versa. Vests the power to issue search and arrest warrants in the military judges, and takes it away from the commanding officer. Provides for an initial investigation by the Prosecution Division of any charges. Directs that if that division determined that there was enough evidence, it would bring the accused before a military judge who would then determine whether there was probable cause to hold the accused for trial and set bail or its military equivalent. Grants the judge the power to summarily dismiss legally or factually insufficient charges. Provides that the accused would have to be brought before the judge within 24 hours after arrest. Empowers military defense attorneys, at Government expense, to seek collateral relief for their clients in civilian courts when appropriate. Makes the availability of this form of relief independent of the ability of the accused serviceman to employ civilian counsel. Establishes a system of random selection for members of general and special courts-martial. Requires all members of the court to have served on active duty for a year or more. Increases the number of peremptory challenges to three per side and per accused in a joint trial in a special court-martial empowered to adjudge a bad conduct discharge, and six per side in a general court-martial and ten per side in a capital case. Provides that the number of peremptory challenges in a special court-martial not empowered to adjudge a bad conduct discharge will remain at one per side. Transfers the powers to decide whether an accused serviceman should be subjected to pretrial confinement pending appeal from commanding officers to the independent military judges. Establishes a presumption in favor of release which could be overriden by the judges. Provides that the judge's rulings would be appealable as interlocutory matters to the U.S. Court of Military Review. Directs that if the military judge decided to confine the accused prior to trial or pending appeal, the accused would be entitled to full credit toward any sentence eventually imposed. Provides that all those confined (including those awaiting trial or appeal) are to be permitted to participate in work, exercise, and rehabilitation programs wherever adequate facilities are available. Revises the appellate procedure by: (1) eliminating review by the convening authority; (2) allowing the Judge Advocate General of each service to review the findings and the sentence of a court-martial not reviewed by the Court of Military Review; (3) empowering the Supreme Court of the United States to issue writs of certiorari to the Court of Military Appeals; and (4) increasing the number of judges who sit on this court to nine and empowering the court to sit in panels of three judges each. Establishes a special committee to be composed of the judges of the United States Court of Military Appeals, the Judge Advocates General of the Armed Forces, the General Counsel of the Department of Transportation, and three civilian members to be appointed by the President. Directs the committee to conduct a thorough study with respect to: (1) the table of maximum punishments prescribed by the President for offenses punishable under chapter 47 of title 10, United States Code, with a view to (A) recommending improvements therein, (B) identifying and recommending corrective actions for apparent inequities in such table, and (C) recommending the establishment of subcategories of offenses, where appropriate, based upon differences in degree of seriousness of the offenses; (2) the advisability of legislation which would limit the authority of the President to alter or suspend the table of maximum punishments as to particular geographical areas and to suspend the table with respect to particular offenses; (3) the desirability of transferring to the district courts of the United States jurisdiction of certain cases involving desertion and other unauthorized absences from the armed forces; (4) further means of improving and eliminating undue delays in the appellate process of military justice; and (5) appropriate action in the case of any prisoner who has completed serving his sentence prior to the completion of appellate review of his case. Requires the committee to submit a written report of the results of its study to the President and to the Congress, together with such recommendations as it deems appropriate, not later than one year after the date of enactment of this Act. Makes the provisions of this Act effective on the first day of the twelfth calendar month following the month in which this Act is enacted.
Bill· HRH.R. 309 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that while serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy, or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over thirty one years of service, in addition to the pay and allowances to which he is otherwise entitled, shall be entitled to additional pay in the amount of $250 a month. Provides that an officer while serving as a permanent professor, who has over thirty-six years of service, is entitled to total additional pay in the amount of $500 a month. States that the additional pay provided by this Act shall not be used in the computation of retired pay. (Amends 37 U.S.C. 203(b))
Bill· HRH.R. 304 (93rd)referred
United States · United States Congress · 3 January 1973
World War I Pension Act - Establishes a monthly pension for qualified World War I veterans of $135 if unmarried and with no children, or $150 if married and living with or contributing to the support of a spouse or with children. Provides an additional monthly payment of $50 if the veteran is permanently homebound, or $125 if he is in need of regular aid and attendance. Provides that no pension shall be paid to a veteran who has income in excess of $3,000 if unmarried or $4,200 if married. Provides that a veteran entitled to another pension shall receive whichever amount is greater. Establishes for widows of qualified World War I veterans a monthly Pension of $100 if there is no child or $125 if there is one child, with an additional $20 for each additional child. Provides that no pension shall be paid if the total annual income of the widow with children exceeds $3,000 or $4,200 in the case of a widow with children. Establishes a monthly pension for the children of qualified World War I veterans when there is no widow. Sets such pension at $45 for the first child and $18 for each additional child. Requires each pension to be equally distributed among the eligible children and makes any child with an annual income, excluding earned income, in excess of $2,000 ineligible for a pension. Exempts increases in Social Security benefits, railroad retirement annuities or pensions, or Federal government employee annuities from the determination of annual income. Gives priority for hospital care to those veterans receiving a pension under the Act. (Adds 38 U.S.C. 513-515; Amends 38 U.S.C. 503, 610)
Bill· HRH.R. 297 (93rd)referred
United States · United States Congress · 3 January 1973
Permits the President to restrict travel by citizens and nationals of the United States to, in, or through any country or area whose military forces are engaged in armed conflict with the military forces of the United States. Provides that travel to such restricted country or area by any person may be authorized by the President when he deems such travel to be in the national interest. Makes it unlawful for any citizen or national of the United States to willfully and without authorization to travel to such restricted country or area.
Bill· HRH.R. 293 (93rd)referred
United States · United States Congress · 3 January 1973
Provides that the retired pay of any member or former member of the Armed Forces who was on active duty or in an active status on or before May 31, 1958, and who became or will become entitled to receive retired pay based upon age, length of service, or physical disability under provisions of the Career Compensation Act of 1949, shall be computed at current active duty pay rates and increased to reflect later changes in applicable pay rates.
Bill· HRH.R. 292 (93rd)referred
United States · United States Congress · 3 January 1973
Permits a summary court-martial, special court martial without a military judge, provost court or military commission to punish for contempt any person who disturbs its proceedings. Allows a military judge to punish by a $100 fine, 30 days in jail or both, any misbehavior that obstructs the administration of justice, misbehavior of court officers or disobedience of any order of the judge. Limits punishment for an offense to that established by the President for that offense. Provides that any period of confinement included in a sentence begins when adjudged by the court martial, but periods when confinement is suspended or deferred shall be excluded in computing the term of confinement. Provides that all other sentences are effective on the date ordered executed. Allows the deferment of confinement when the sentence has not been ordered executed or is under review. Provides that after trial by court-martial the record shall be sent to the convening authority for action with respect to the sentence. Directs the convening authority to refer the record of each general court martial to his staff judge advocate or legal officer who shall submit his opinion upon the appropriateness of sentence. Provides for review of decisions in a court-martial dismissing specifications without a finding of not guilty or prohibiting the admission of evidence or confessions or any ruling seriously impeding prosecutions of the case. Allows revisions proceedings where there is an apparent error in the record or where the record shows improper action by the court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused. Prohibits the use of revision proceedings to reconsider a finding of not guilty or to increase the severity of a sentence unless the sentence prescribed is mandatory. Provides that at any time after a trial record has been prepared, and before sentencing has occurred, the military judge may, except where there is lack of sufficient evidence in the record to support the findings, set aside the findings or sentence or both and authorize a rehearing. Permits the convening authority to approve or disapprove the sentence. Provides that, in any case reviewed by it, the Court of Military Appeals may act only with respect to the findings of the court-martial and the sentence as approved by the convening authority and as affirmed or set aside as incorrect in law by the Court of Military Review. Requires approval by the President of sentences involving a general or flag-officer or death, before execution of the sentence. Requires approval by the appropriate Secretary before execution of any sentence calling for dismissal or suspension of a commissioned officer, cadet, or midshipman. Requires affirmation by the Court of Military Review for sentences involving bad conduct or dishonorable discharges.
Bill· HRH.R. 272 (93rd)referred
United States · United States Congress · 3 January 1973
Entitles to hospital and medical care any person who is a U.S. citizen for at least 10 years and who served: (1) during World War I as a member of the military organization commonly known as General Joseph Haller's army; or (2) during World War II as a member of any armed force of the Government of Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Rumania or Yugoslavia, and participated while so serving in armed conflict with an enemy of the United States. (Adds 38 U.S.C. 109(c))
Bill· HRH.R. 260 (93rd)referred
United States · United States Congress · 3 January 1973
Authorizes and directs the Secretary of the Army to provide for the establishment of a national cemetery in Los Angeles County in the State of California. Authorizes the Secretary to provide for the care and maintenance of such national cemetary.
Bill· HRH.R. 257 (93rd)referred
United States · United States Congress · 3 January 1973
Uniformed Services Retirement Pay Equalization Act - Provides that the retired pay of each retired officer of the Navy or the Marine Corps shall be computed on the basis of rates of pay provided by law at the time of his retirement or subsequently for officers on the active list. Permits retired members of the uniformed service, who were retired by reason of physical disability and who are entitled to retired or retainer pay computed under the Career Compensation Act of 1949, to elect within the one-year period following the effective date of this Act, to receive disability retirement pay under this Act in lieu of that retired or retainer pay to which they are otherwise entitled. (Adds 10 U.S.C. 6149)
Bill· HRH.R. 233 (93rd)referred
United States · United States Congress · 3 January 1973
Provides for an immediate end to United States involvement in hostilities in and over Indochina. Provides for the signing of a peace agreement with the Democratic Republic of Vietnam. Provides for the withdrawal of all United States Armed Forces and Defense Department personnel from Indochina. Prohibits the use of appropriated funds for any offshore bombardment of Indochina after enactment of this Act.
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