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United States · Official source
147 records where Rep. Wiggins, Charles E. [R-CA-39] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 11 June 1976
Directs the Secretary of the Army, acting through the Chief of Engineers, to construct the flood control project on the Santa Ana River in California, at an estimated Federal cost of $655,540,000.
United States · United States Congress · 3 June 1976
Provides that funds shall not be expended from the contingent fund of the House of Representatives for allowances to Members, officers, or standing committees of the House except through the adoption of a resolution by the House of Representatives.
United States · United States Congress · 2 June 1976
Provides for the relief of Mrs. Hee Kim Kang, Hee Jae Kang, Hee Jin Kang, and Hee Soo Kang.
United States · United States Congress · 19 May 1976
Delays the effective date of specified rules and amendments to the Federal Rules of Criminal Procedure promulgated by the Supreme Court.
United States · United States Congress · 30 April 1976
Voting Rights Act Repealer Amendments Act - Amends the Voting Rights Act of 1965 to repeal the prohibitions against voting qualifications, prerequisites, tests, or devices which abridge the right of a citizen to vote who is a member of a language minority. Repeals the requirement that States and other political subdivisions make available registration and voting materials, and voting assistance in languages other than English in areas where (1) more than five percent of the citizens belong to a single language minority, and (2) the illiteracy rate of such minority exceeds the national rate.
United States · United States Congress · 8 April 1976
Voting Rights Act Repealer Amendments Act - Amends the Voting Rights Act of 1965 to repeal the prohibitions against voting qualifications, prerequisites, tests, or devices which abridge the right of a citizen to vote who is a member of a language minority. Repeals the requirement that States and other political subdivisions make available registration and voting materials, and voting assistance in languages other than English in areas where (1) more than five percent of the citizens belong to a single language minority, and (2) the illiteracy rate of such minority exceeds the national rate.
United States · United States Congress · 1 April 1976
Designates April 13, 1976 as "Thomas Jefferson Day."
United States · United States Congress · 31 March 1976
Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons - Establishes penalties for killing, attempting to kill, kidnapping, assaulting, or threatening a foreign officer, offical guest, or internationally protected person. Establishes additional penalties for assault on such persons with a deadly or dangerous weapon. Defines "internationally protected person" to mean a chief of state, head of government, or foreign minister, and any member of his family accompanying him. Establishes penalties for willfully intimidating, coercing, or harassing an official guest and for obstructing a foreign official in the performance of official duties. Establishes penalties for commiting specified acts on or within 100 feet of any building or premises used by a foreign government, foreign official, or international organization for diplomatic or residential purposes if such acts are intended to intimidate, coerce, threaten, or harass any forign official or obstruct such individual in the performance of official duties. Authorizes the United States, if the victim of an offense under this Act is an international protected person, to exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victum or the alleged offender. Authorizes the Attorney General to request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding, in order to enforce this Act. (Amends 18 U.S.C. 112, 970, 1116, 1201, Adds 18 U.S.C. 878)
United States · United States Congress · 24 March 1976
Authorizes the President to issue a proclamation designating the week beginning April 4, 1976, as "National Rural Health Week." Urges improved health services and intensified dissemination of health information for rural America.
United States · United States Congress · 23 March 1976
Foreign Intelligence Surveillance Act - Requires the Chief Justice of the United States to designate seven district court judges, each of whom shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States. Requires the Chief Justice to designate three Federal judges to comprise a special court of appeals which shall have jurisdiction to hear an appeal by the United States from the denial of any application. Grants the United States a further right to appeal an affirmance of denial to the Supreme Court. Requires each application for any order approving electronic surveillance for foreign intelligence purposes to be approved by the Attorney General and to include: (1) the identity of the officer making the application; (2) the authority conferred on the applicant by the President and the approval of the Attorney General to make the application; (3) the identity of the subject of the surveillance; (4) the fact and circumstances justifying belief that the target of surveillance is a foreign power or an agent of a foreign power; (5) a description of the type of information sought and a certification by one of specified Federal officers that such information is foreign intelligence information that cannot feasibly be obtained by normal investigative techniques; and (6) a statement of the period of time for which the surveillance is required. Directs the judge to enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that the criteria specified have been met. Allows issuance of orders to approve surveillance for 90 days or the period necessary to achieve its purposes, whichever is less. Permits extensions of orders upon application for an extension made in the same manner as required for an original application. Authorizes the Attorney General, upon a reasonable determination that an emergency situation exists, to authorize the emergency employment of electronic surveillance if an appropriate judge is informed by the Attorney General of such authorization at the time it is made and if an application is made as soon as practicable but not more than 24 hours after authorization. Requires, in the absence of a judicial order, that surveillance terminate when the information sought is obtained, when the application for an order is denied, or 24 hours after authorization, whichever is earliest. Allows information acquired from electronic surveillance conducted pursuant to this Act to be used and disclosed only for designated purposes or for the enforcement of the criminal law. Requires when an order to approve the emergency employment of electronic surveillance is not obtained, that the judge serve notice on the individual subject to surveillance of the fact of the application, the period of surveillance, and the fact that information was or was not obtained. Permits the judge to delay or forego this action on a showing of good cause. Requires the Attorney General to submit an annual report to the Administrative Office of the United States Courts and to Congress including: (1) the number of applications made for orders and extensions of orders approving electronic surveillance and the number of such orders and extensions granted, modified, and denied; (2) the periods of time for which orders authorized surveillances and their actual duration; (3) the number of surveillances in place at any time during the preceding year; and (4) the number of surveillances terminated during the preceding year. Declares that nothing contained in this Act shall limit the Constitutional power of the President to order electronic surveillances for specified national security reasons if the facts and circumstances giving rise to such order are beyond the scope of this Act. (Amends 18 U.S.C. 2521-2528)
United States · United States Congress · 10 February 1976
Designates the week commencing with the third Monday in February of each year as "National Patriotism Week." Authorizes and requests the President to issue a proclamation calling upon the people of the United States to commemorate such week with appropriate observances and encouraging schools to adopt an appropriate curriculum for that week including such elements as the study of the Pledge of Allegiance and the National Anthem.
United States · United States Congress · 5 February 1976
Voter Registration and Election Administration Assistance Act - Directs the Secretary of the Treasury to make grants to the States to carry out programs to encourage voter registration, education, and participation. Provides that each State may, in its discretion, allocate all or part of any grant made under this Act to political subdivisions of such State. Provides that each grant made under this Act shall be used for programs related to voter registration and election administration, including but not limited to: (1) programs to increase opportunities for voter registration, such as mail registration, expanded registration hours and locations, mobile registration facilities, election day registration, re-registration programs, door-to-door canvassing procedures, and other methods which the State may deem appropriate; (2) programs to improve election administration procedures such as the purchase of additional voter machinery, organization and planning of election administration procedures, improvements in ballot preparation and absentee ballot procedures, coordination of election activities, and other methods designed to facilitate the smooth functioning of the election administration process; (3) planning, evaluating, and designing the use of electronic data processing or other appropriate procedures to streamline and modernize voter registration and election administration, with special emphasis on techniques which would allow voter registration closer to election day; (4) programs for the prevention and control of fraud; (5) education and training programs for State and local election officials; and (6) establishing nonpartisan programs for the purpose of voter and citizen education. Requires the Comptroller General to audit and review annually the programs of at least five States receiving grants under this Act. Provides that the Comptroller General shall disseminate to all the Chief Elections Officers of the States a summary of the types of programs he found to be most effective and those he found to be least effective. Authorizes to be appropriated the sum of $35,000,000 for fiscal year 1976 to carry out the provisions of this Act.
United States · United States Congress · 17 December 1975
Permits the use of unsworn declarations (under penalty of perjury) in Federal proceedings, in lieu of affidavits under oath. Redefines the crime of perjury to include, in the making of any unsworn declaration allowed by this Act, a willfull subscription as true any material matter which is not believed to be true (Adds 28 U.S.C. 1746; Amends 18 U.S.C. 1621)
United States · United States Congress · 17 December 1975
National Court of Appeals Act - Establishes a National Court of Appeals composed of a chief judge and six associate judges appointed by the President, by and with the advice and consent of the Senate. Provides for the tenure and salary of such judges. Provides for the sessions of such National Court. Provides for the employment of a clerk, law clerks, librarian, marshall, bailiffs, and other personnel of such National Court. Sets forth the jurisidiction and power of review of such National Court. Provides that the National Court shall have jurisdiction of cases referred to it by the Supreme Court. States that such National Court shall have jurisdiction of any case filed or instituted in a court of appeals, the Court of Claims, and the Court of Customs and Patent Appeals, upon transfer of such case to it by any such court. Makes decisions by the National Court binding on all courts of the United States unless modified or overruled by the Supreme Court. Authorizes appropriations of necessary sums to carry out this Act.
United States · United States Congress · 17 December 1975
Federal Appellate Court Revision Act - Title I: Appellate Court Revision - Limits the length of time in which a circuit judge may sit as chief judge of his circuit to a maximum of seven years. Provides for in banc hearings where ordered by a majority of the circuit judges of a circuit who are in regular active service and are not disqualified from sitting in a hearing or determination of the matter concerned. Provides for a schedule of age plus service time for qualification for retirement for Federal judges. Authorizes positions with the Federal courts of appeals for legal assistants. Requires one copy of the decision, briefs, and related documents filed in connection with each case or controversy in the courts of appeals, the Court of Claims, and the Court of Customs and Patent Appeals to be deposited in the Library of Congress. Title II: Commission on the Federal Judicial System - Establishes a 16-member Commission on the Federal Judicial System to study, on a continuing basis, the structure and internal procedures of the Federal judicial system, emphasizing: (1) the problems of the United States courts below the appellate level; and (2) the implementation of the recommendations of the Commission on Revision of the Federal Court Appellate System. Directs that the Commission report, on or before February 1 of each year, to the President, Congress, and the Chief Justice of the United States, the results of the preceding year's study, together with recommendations for changes in the structure and internal procedures of the Federal judicial system. Provides for compensation of Commission members, and for the appointment and compensation of staff members.
United States · United States Congress · 18 November 1975
Authorizes the Legal Services Corporation to make available up to 10 percent of the funds appropriated to it for fiscal year 1976 for grants or contracts for the following activities related to the delivery of legal assistance: (1) research; (2) training and technical assistance and; (3) clearinghouse activities.
United States · United States Congress · 30 October 1975
Provides that any municipality with a population in excess of one million inhabitants is eligible to file a petition for relief under this Act, if first authorized by the State, for the adjustment of the indebtedness of such municipality by a court of bankruptcy. States that a petition shall be insufficient to invoke jurisdiction of the court unless accompanied by a plan made in good faith for the composition or extension of debts and a statement of petitioner's current and projected revenues and expenditures adequate to establish that the budget of petitioner will be in balance within a reasonable time after adoption of the plan. Provides for notice of the provisions of such plan to the State, the Securities and Exchange Commission, and creditors or others who may be materially and adversely affected by the plan. Sets forth the priorities with respect to payment of debts in advance of any distribution to creditors in the settlement of obligations under this Act. Provides for a hearing for all interested parties on the confirmation of the plan. States that a plan of composition or extension may be confirmed only if, of the creditors voting in writing to accept or reject the plan, those holding two-thirds in amount of each class materially and adversely affected have voted to accept. Provides that no such acceptance shall be required from any class which, under the plan, is to be paid in cash the value of its claims or is to be afforded such method of protection as will, consistent with the circumstances of the particular case, equitably and fairly provide for the realization of the value of its claims. Prescribes the findings to be made by the judge in entering a decree confirming the plan.
United States · United States Congress · 22 October 1975
Condemns the resolution adopted by the Third Committee of the United Nations General Assembly which equates Zionism with racism, and urges the U.N. General Assembly to disapprove such resolution.
United States · United States Congress · 9 October 1975
Authorizes the President to issue a proclamation designating the week in November which includes Thanksgiving Day in each year as "National Family Week."
United States · United States Congress · 7 October 1975
Provides for the relief of Mrs. Kazuko Scillion.
United States · United States Congress · 7 October 1975
Establishes an additional United States district court in the State of California. Provides that such court shall be established for the Southwest district of California which is comprised of the counties of Orange, San Bernadino, and Riverside.
United States · United States Congress · 7 October 1975
Expresses the sense of Congress that the United States Government while engaged in a lessening of tensions with the People's Republic of China, do nothing to compromise continued close relations with the Republic of China.
United States · United States Congress · 19 September 1975
Limits specified provisions of the Legislative Reorganization Act authorizing increases in the salaries of Senators and Representatives only to the increase which will take effect October 1, 1975.
United States · United States Congress · 11 July 1975
Disapproves the loan of three landing craft (LCM-8's) to Panama, as proposed by the letter from the Department of the Navy of May 5, 1975, to the Committee on Armed Services of the House of Representatives.
United States · United States Congress · 10 July 1975
Refers H.R. 8163, for the relief of Charles P. Abbott, to the United States Court of Claims.
United States · United States Congress · 23 June 1975
Provides for the relief of Charles P. Abbott.
United States · United States Congress · 23 June 1975
Refers H.R. 7943, for the relief of P. S. Seymour-Heath, to the Chief Commissioner of the United States Court of Claims, in accordance with sections 1492 and 2509 of title 28, United States Code.
United States · United States Congress · 16 June 1975
Provides for the relief of P. S. Seymour-Health.
United States · United States Congress · 9 June 1975
Comprehensive Health Care Insurance Act - States that the purpose of this Act is to establish a national health care insurance program that will provide comprehensive benefits, including institutional, medical, dental, and other health care, protecting against ordinary and catastrophic expenses of illnesses for all individuals. Requires every employer to offer each of his employees and their families qualified health care insurance. States that such coverage shall be optional with the employee. Provides that when an employee elects to obtain such coverage, the employer shall contribute to the cost of such coverage for the benefit of the employee and his family at least 65 percent of the premium; the employee shall contribute the balance. Permits the Attorney General to bring suit to compel an employer to comply with the provisions of this Act. Stipulates that employers experiencing substantial increases in payroll costs due to the provisions of this Act will be entitled to a cash payment by the Secretary of Health, Education, and Welfare or a credit against income tax. Authorizes appropriations of such sums as are necessary for the Secretary to make such payments. Provides that premiums for employee groups of one to 100 persons and self-employed persons shall not exceed 125 percent of the estimated average in the State of annual premium for employee groups of more than 100 persons. Establishes a program of Federal participation, through a system of certificates of entitlement issued by the Secretary and credits against income tax, in the premium for qualified health care insurance providing comprehensive hospital, medical, dental, and other health care services for non-employed and self-employed individuals and families. States that the amount of Federal participation shall be related to income of the individual or family, the Government to pay the full premium for those whose annual incomes are insufficient to create income tax liability, and to pay a gradually smaller proportion of the premium for others in relation to increasing amounts of income tax liability. Provides that if an individual or family incurs no income tax liability for a base year, such individual or family shall be eligible for a certificate of entitlement or a credit against income tax for 100 percent of the premium for qualified health care insurance. Stipulates that the premium rate to be charged for a qualified health care insurance policy offered under this part for any year shall in no case exceed 125 percent of the estimated average of premiums paid in the State for qualified health care insurance for groups of employees with more than 100 members. Excludes from qualified health care insurance coverage payment for stipulated items, including: (1) personal comfort items; (2) eyeglasses, hearing aids, or orthopedic shoes; and (3) private room inpatient hospital accomodations. Limits the aggregate amount of expenditures for castastrophic illness expenses. Sets forth requirements which must be met by qualified health care insurance plans. Defines terms used in this Act. Establishes the Federal Health Insurance Redemption Fund. Authorizes appropriations to the fund of amounts equal to the aggregate amount of premiums paid under this Act. Requires carriers offering qualified health care insurance policies to participate in an assigned-risk pool which may be established in such State by the State insurance department or by such agency as may be authorized by the State. Establishes a Health Insurance Advisory Board to: (1) prescribe such regulations as may be necessary to carry out the purposes and provisions of this Act; (2) establish minimum Federal standards for the use of State insurance departments in determining whether an insurance company and plan are qualified under this Act; (3) in consultation with carriers, providers of services, and consumers, plan, review, and develop, where necessary programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the program established in this Act. Stipulates that individuals collecting unemployment compensation are eligible for coverage under this Act, unless covered through an employed member of his family. Permits an income tax credit for premiums paid for qualified insurance plans under this Act.
United States · United States Congress · 14 May 1975
Voting Rights Extension Act - Exempts from the enforcement provisions of the Voting Rights Act of 1965 those States and political subdivisions which can show that incidents of the use of voting qualifications or prerequisites for the purpose of, or having the effect of denying or abridging the right to vote on account of race, color or national origin have been few in number, have been corrected, have no continuing effect, and will not recur. Extends the coverage of such Act to include heritage. Prohibits voting tests or devices. Permits a Federal court to award the prevailing party in any action to enforce the voting guarantees of the fourteenth or fifteenth amendment reasonable attorney's fees. Requires the Director of the Census to compile registration and voting statistics in every State and political subdivision: (1) subject to the enforcement provisions of such Act; and (2) designated by the United States Commission on Civil Rights.
United States · United States Congress · 7 May 1975
Federal Rules of Criminal Procedure Amendments Act - Approves the amendments proposed by the Supreme Court to the Federal Rules of Criminal Procedure, except as amended by this Act. Revises such Rules with respect to the issuance of a summons and an arrest warrant. Requires a Federal district court judge to notify a criminal defendant that he has a right to be tried by a jury with the assistance of counsel, the right to confront and cross-examine witnesses against him and the right not to be compelled to incriminate himself before such judge can accept a plea of guilty or nolo contendere. Revises procedures for the notification by both the defendant and the prosecution of the defendant's intention to raise an alibi defense. Provides that no statement made by an accused in the course of a psychiatric examination ordered by the court shall be admitted in evidence against the accused on the issue of guilt in any criminal proceeding. Requires the prosecution to permit the defendant to inspect and copy reports of examinations and tests which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial. Revises rules for the disclosure of information by the defendant. Permits the prosecution to speak to the court before the imposition of sentence upon the defendant.
United States · United States Congress · 9 April 1975
Provides for the conveyance of mineral interests of the United States in property in Riverside County, California, to the record owners of the surface of that property. Conditions such transfer upon the following: (1) the deposit of an amount of money sufficient to cover administrative costs; (2) application for conveyance must be made by the surface owner within six months of the date of approval of this Act; and (3) the fair market value must be paid for such interest conveyed.
United States · United States Congress · 8 April 1975
Parole Reorganization Act - Establishes, as an independent entity in the Department of Justice, a United States Parole Commission, to consist of a national office and five regional offices. States that the Commission shall have the power to establish general policies, guidelines, rules, and regulations for the Commission, including rules with respect to the factors to be taken into account in determining whether or not a prisoner should be released on parole. Provides that the Commission shall meet not less frequently than quarterly to establish its general policies and rules. States that, whenever confined and serving a definite term or terms of over one hundred and eighty days, a prisoner shall be eligible for release on parole after serving one-third of such term or terms or after serving ten years of a life sentence or of a sentence over thirty years. Stipulates that a prisoner shall be released on parole if his record shows that he has substantially observed the rules of the institution in which he is confined on the date of his eligibility for parole, unless it is determined by an examining panel that he should not be released on such date for one or more of the following reasons: (1) there is a reasonable probability that such prisoner will not live and remain at liberty without violating any ciminal law; (2) there is a reasonable probability that such release would be incompatible with the welfare of society; or (3) the prisoner's release on such date would so deprecate the seriousness of his crime as to undermine respect for the law. Requires the regional offices to hold a hearing in making a determination of whether to release a prisoner on parole. Sets forth the procedure to be followed in such hearings. Authorizes the regional Commissions to impose such conditions of parole as are deemed reasonably necessary to insure that the parolee will lead a law-abiding life or to assist him in doing so. Provides, with certain exceptions, that the jurisdiction of the Commission over the parolee shall terminate no later than the date of the expiration of the maximum term or terms for which he was sentenced. States that if the regional commissioner believes that any parolee has violated a condition of his parole, or that there is reason to terminate any parolee's assignment to a center or similar facility, he may order such parolee to appear before him or before a hearing examiner, or issue a warrant and retake the parolee as provided in this Act. Requires that a hearing be held on such a matter. Authorizes the courts to fix eligibility for parole at the time of sentencing of an individual. States that nothing in this Act shall be construed to provide that any prisoner shall be eligible for release on parole if such prisoner is ineligible for such release under any other provision of law. Requires the Commission to report annually to each House of Congress on the activities of the Commission.
United States · United States Congress · 8 April 1975
Creates a select committee in the House of Representatives with authority to conduct a full and complete investigation of the problem of United States servicemen missing in action or known to be dead whose bodies have not been recovered, as a result of military operations in North Vietnam, South Vietnam, Laos and Cambodia. Provides that such investigation shall include an examination of the need for additional international inspection teams to determine whether there are servicemen still held as prisoner of war. Authorizes the Committee to hold hearings, issue subpenas, and maintain a staff as necessary to carry out its responsibilities under this resolution. Directs the committee to report to the House the results of its investigation no later than one year after adoption of this resolution. Provides that the committee's authority shall expire 30 days after the filing of such report. Directs that the expenses of the select committee shall be paid from the contingent fund of the House of Representatives upon vouchers signed by the Chairman.
United States · United States Congress · 26 March 1975
Authorizes the establishment of the Tule Elk National Wildlife Refuge in California. Establishes a Federal-State management program for the conservation, protection, and enhancement of tule elk and other species. Authorizes appropriations of such sums as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 19 March 1975
Authorizes the Secretary of the Interior to establish national petroleum reserves on any reserved or unreserved public lands of the United States except lands in the National Park System, the National Wildlife Refuge System, the Wild and Scenic Rivers System, the National Wilderness Preservation System, areas now under review for inclusion in the Wilderness System in accordance with provisions of the Wilderness Act of 1964, and lands in Alaska other than those in Naval Petroleum Reserve Numbered 4. States that no national petroleum reserve that includes all or part of an existing naval petroleum reserve shall be established without prior consultation with the Secretary of Defense. Authorizes the development of the oil and gas in the national petroleum reserves in the contiguous 48 States established pursuant to this Act. Requires competitive bidding procedures with prior public notice for any contract, lease, or operating agreement for development and production of oil and gas from a national petroleum reserve. States that the terms and conditions for such development, which shall be prescribed by the Secretary of the Interior, shall be subject to disapproval by Congress. Provides that any oil or gas produced from such petroleum reserves shall, with exceptions, be subject to all the limitations and licensing requirements of the Export Administration Act. Authorizes and directs the Secretary of the Interior to explore for oil and gas on Naval Petroleum Reserve Numbered 4 and to report annually to Congress on his plan for exploration of such reserve.
United States · United States Congress · 12 March 1975
United States Court of Labor-Management Relations Act - Establishes a 5-man United States Court of Labor-Management Relations empowered to assume jurisdiction in dead-locked labor disputes which the President determines imperil the national interest. Requires such judges to be appointed by the President by and with the advice and consent of the Senate. Permits either the Attorney General or any party to the labor dispute to invoke the jurisdiction of the court, but only after procedures under the Labor-Management Relations Act of 1947 and the Railway Labor Act have been exhausted. Provides that the court may enjoin an actual or threatened strike for 80 days and issue whatever orders may be necessary during that time to require the parties to make every effort to settle their difference through negotiations. Provides that if the stalemate has not been broken during such 80 day period, and it is apparent that further bargaining will be futile, the court will continue the injunction and schedule immediate hearings for a final and binding judgment covering wages, hours, and other points of conflict. Provides that any final judgment, order, or decree of the court shall be the subject of a full written opinion in each case, containing a statement of the facts which the court finds and the legal principles and standards which the court uses as a basis for such judgment, order, or decree. Provides that a judgment, order, or decree of the court shall remain in effect until the expiration by its own terms occurs or when vacated by the court. Provides that whenever a matter before any agency or board established by the United States is the subject of a proceeding in the court, that agency or board, if also ordered by the court, shall suspend all proceedings in such matter pending further action by the court. Asserts that when proceedings in a matter are so suspended they may be resumed by the agency or board only if (and to the extent that) an order of the court so provides.
United States · United States Congress · 6 March 1975
Repeals the provisions of the Flood Disaster Protection Act of 1973 which makes flood insurance coverage and community participation in the national flood insurance program prerequisites for approval of any financial assistance in a flood hazard area.
United States · United States Congress · 27 February 1975
Designates the Veterans' Administration hospital in Loma Linda, California, as the "Jerry L. Pettis Memorial Veterans' Hospital. Authorizes the Administrator of Veterans' Affairs to provide a memorial at such hospital in memory of the late Jerry L. Pettis.
United States · United States Congress · 27 February 1975
Criminal Justice Reform Act - Title I: Codification, Revision, and Reform of Title 18 Part I: General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act. Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction. Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind. Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as a coconspirator, as an agent for an organization, and as an organization for an agent. Chapter 5: Bars and Defenses - Bars prosecutions, with specified exceptions, when time limitations have run and when the subject is less than 16 years of age. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication. States, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendent, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged. States further that mental disease or defect does not otherwise constitute a defense. Defines additional defenses, including duress, exercise of public authority, protection of persons, protection of property, unlawful entrapment, and official misstatement of law. Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them. Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, he intentionally engages in conduct that, in fact, amounts to more than mere preparation for, and indicates his intent to complete, the commission of the crime. Makes a person guilty of criminal solicitation if, with intent that another person engage in conduct constituting a crime, he commands, entreats, induces, or otherwise endeavors to persuade such other person to engage in such conduct. Makes a persons guilty of criminal conspiracy if he agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and he or one of such persons in fact engages in any conduct with intent to effect any objective of the agreement. Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, instigating overthrow or destruction of the government, and engaging in para-military activity. States, regarding the offense of instigating overthrow or destruction of the government, that a person is guilty of such offense if, with intent to bring about the forcible overthrow or destruction of the government of the United States or of any State as speedily as circumstances permit, he: (1) incites other persons to engage in conduct that then or at some future time would facilitate the forcible overthrow or destruction of such government; or (2) organizes, leads, recruits members for, or participates as an active member in an organization or group that has as a purpose the incitement described in paragraph (1). Defines sabotage and related offenses, including impairing military effectiveness; violating an emergency regulation; impairing military effectiveness by a false statement; evading military or alternative civilian service; obstructing military recruitment or induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing national defense information, mishandling national defense information, disclosing classified information, unlawfully obtaining classified information, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses. Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign power, entering or recruiting for a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transaction. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, fraudulently acquiring or improperly using evidence of citizenship, and fraudulently acquiring or improperly using a passport. Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government functions, including obstructing a government function by fraud, by physical interference, and by impersonating an official. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, retaliating against a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding. Makes a person guilty of the offense of tampering with a witness or an informant if he uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning him to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) absent himself from an official proceeding to which he has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense. Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order. Makes a person guilty of criminal contempt if he: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction. Defines perjury, false swearing, making a false statement, and tampering with a government record. Defines offenses involving official corruption and intimidation, including bribery, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant. Makes a person guilty of the offense of trading in special influence if he: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to his taking an official action or his performing a legal duty as a public servant. Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. States, regarding the offense of tax evasion, that a person is guilty of an offense if, with intent to evade liability for a tax or the payment of a tax, he: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; (5) otherwise acts in any manner to evade liability for, or payment of, the tax. Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property. Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; or (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because of his having exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States. Makes a person guilty of an offense if, by force or threat of force, he intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings. Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a Federal public servant or in a Federal building; or making a political contribution as a foreign national. States, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, he: (1) engages in conduct constituting a crime under any section of this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution. Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. States, regarding the offense of eavesdropping, that a person is guilty of an offense if he intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1). Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if: (1) he engages in conduct that knowingly causes the death of another person; (2) he engages in conduct that causes the death of another person under circumstances in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that he commits either alone or with one or more other participants, he or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense. Makes a person guilty of the offense of manslaughter if: (1) he engages in conduct that causes the death of another person; or (2) he engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder. Makes a person guilty of negligent homicide if he engages in conduct that negligently causes the death of another person. Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. States, regarding the offense of rape, that a person is guilty of an offense if he engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old. Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses; (2) burglary and other criminal intrusion offenses; (3) robbery, extortion, and blackmail; (4) theft and related offenses; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. States that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate. States, regarding the offense of disseminating obscene material, that a person is guilty of an offense if he: (1) disseminates obscene material: (A) to a minor; or (B) to any person in a manner affording no immediately effective opportunity to avoid exposure to such material; or (2) commercially disseminates obscene material to any person. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, he: (1) engages in violent, tumultuous, or threatening conduct; (2) makes or causes unreasonable noise; (3) uses abusive or obscene language, or engages in obscene conduct, in a public place; (4) obstructs vehicular or pedestrian traffic, or the use of a public facility; (5) persistently follows a person in or about a public place or places; (6) solicits a sexual act, as defined in this Act, in a public place; or (7) engages for no legitimate purpose in any other conduct that creates a hazardous or physically offensive condition. Part III: Sentences - Chapter 20: General Provisions - Provides that an individual found guilty of an offense shall be sentenced to probation, a fine, a term of imprisonment, or death, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists. Permits the courts to require those convicted of offenses involving fraud or other deceptive practices to notify the class of persons affected by the conviction. Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines. Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses and factors to be considered in imposing terms. Provides that multiple sentences shall run concurrently unless the court specifies consecutive running, based upon a list of considerations. Chapter 24: Death Sentence - Allows, under qualified circumstances, imposition of the death penalty for the offenses of treason, sabotage, espionage, and for murder committed during an offense of treason, sabotage, espionage, kidnapping, or aircraft hijacking. Lists conditions where the death penalty, otherwise applicable, shall be precluded. Requires the courts to conduct separate hearings to determine the existence of factors requiring imposition of the death sentence. Requires disclosure to the defendant at such hearings, all information contained in presentence reports. Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the National Park Service to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information. Chapter 31: Ancillary Investigative Authority - Allows the interception of a private oral communication when authorized or approved by order of a court of competent jurisdiction, pursuant to this title if: (1) the filing of an application for such an order is authorized by: (A) the Attorney General; or (B) an Assistant Attorney General specifically designated by the Attorney General; (2) the application is filed, pursuant to this title, by a law enforcement officer of a government agency having responsibility for the investigation of the offense concerning which the application is made; and (3) the interception may provide or has provided evidence of the commission of an offense described in specified sections of this title. Requires an application for an order, or an extension of an order, authorizing or approving the interception of a private oral communication to be made in writing under oath or equivalent affirmation to a court of competent jurisdiction and to include, among other items, the following information: (1) the identity of the law enforcement officer making the application and of the officer authorizing the application; (2) the authority of the applicant to make the application; and (3) a complete statement of the facts relied upon by the applicant to justify his belief that an order should be issued. Permits, upon an application made pursuant to this title, the court to issue an ex parte order, as requested in the application or as found warranted by the court, authorizing or approving interception of a private oral communication within the geographic jurisdiction of such court if the court determines on the basis of the facts submitted by the applicant that specified conditions exist. Prescribes what such an order shall contain. Provides that such an order may authorize or approve the interception of a private oral communication for the period necessary to achieve the purposes of the authorization, or for thirty days, whichever is less, subject to extensions under specified conditions. Allows such interception without such an order in emergency situations, subject to qualified conditions, where application for an order is made within a stated period thereafter. Provides for protection of tapes of such interceptions from editing or alteration. Requires that intercepted parties be notified within a stated period. Sets forth permissible uses of such intercepted communications, including their use at trial. Bans use as evidence of unlawful interceptions. Requires an annual report by the Attorney General or State or local prosecuting officers of interception activities within their jurisdictions. Details the inclusions to be made in such reports. Disavows any limitation on the President in national security matters. Provides that if a person refuses, on the basis of his privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court or grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person may not refuse to comply with the order on the basis of his privilege against self-incrimination. Excludes the testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, from use against the person in a criminal case, with limited exceptions. Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature. Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense. Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form. Requires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime. States that extradition may be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title. Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable. Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government. Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States. Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge. Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense. Allows an offense begun in one judicial district and completed in another, or committed in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed. Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Provides for establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and for establishment of Community Defender Organizations, to consist of nonprofit defense counsels. Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Provides that persons charged with non-capital offenses shall be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond. Allows appeal from a denial of release. Chapter 36: Disposition of Juvenile or Incompetent Offenders - Requires that juveniles arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Provides that a juvenile may be proceeded against only by information, and that no criminal prosecution may be instituted for the offense charged. States that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place him on probation or commit him to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near his home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure. Provides that subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion may be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature of the proceedings against him or to assist properly in his defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, hospitalization, and for standards of release from hospitalization, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense. Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress. Makes voluntary confessions admissible in criminal cases in district and magistrate courts. Details factors in determining voluntariness. Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences, including the death sentence. Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Describes their duties. Provides that persons found guilty of drug offenses, with no prior drug convictions, may be placed on probation for one year without the entering of a judgment of conviction. Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined. Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishing of family ties and specified employment situations, under which a prisoner can obtain temporary releases. Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Provides for a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows initiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title. Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering. Chapter 41: Ancillary Private Civil Remedies - Provides that a person injured in his business or property by reason of a racketeering offense shall have a civil cause of action in district court to recover three times the damages sustained and litigation costs. Provides for civil remedies for persons whose oral communication are illegally intercepted. Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation. Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - States that these rules shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants. Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. States the conditions under which a preliminary examination shall be held for the finding of probable cause. III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. States that disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court. Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court. Prescribes the use of indictments and information, including their contents and forms. Describes the conditions under which joinder of offenses and defendants will be permitted. IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment or information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted. Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement. States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure. Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas. V. Venue - States that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial. VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties. Prescribes procedures for jury examination and challenges. Allocates the burdens of proof or offenses, defenses, affirmative defenses, and of jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place. Makes rules for closing arguments, instructions, and verdicts. VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Provides that a judgment of conviction shall set forth the pleas, the verdict or findings, and the adjudication and sentence. Provides for a presentence report, its contents, and disclosure to the defendant. Sets forth conditions allowing a new trial. VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken. IX. Supplementary and Special Proceedings - Sets forth conditions and procedure for removal to another district. States, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted), and for a return. Prescribes rules for disposition of criminal contempt. X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title. Rules of Procedure for the Trial of Minor Offenses Before United States Magistrates - States that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Provides that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure. Sets forth such rules covering scope, minor offenses other than petty offenses, petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court. Title II: Technical and Conforming Amendment - Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Congress - title 2; President - title 3; Flag and Seal - title 4; Government Organization and Employees - title 5; Agriculture - title 7; Aliens and Nationality - title 8; Armed Forces - title 10; Bankruptcy - title 11; Banks and Banking - title 12; Census - title 13; Coast Guard - title 14; Commerce and Trade - title 15; Conservation - title 16; Copyrights - title 17; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Hospitals, Asylums, and Cemeteries - title 24; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Labor - title 29; Mineral Lands and Leasing - title 30; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patents - title 35; Patriotic Societies and Observances - title 36; Veteran's Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Railroads - title 45; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Territories and Insular Possessions - title 48; Transportation - title 49; War and National Defense - title 50. Title III: General Provisions - Authorizes necessary sums to carry out this Act. Provides that this Act shall take effect on the first day of the first calendar month beginning 12 months after its enactment.
United States · United States Congress · 27 February 1975
Removes from the class of aliens whose status may be adjusted by the Attorney General in his discretion to that of aliens lawfully admitted for permanent residence those aliens who continue in or accept unauthorized employment prior to the filing of an application for adjustment to such status. Makes it unlawful for any employer, or any agent or any person who for a fee, refers an alien for employment by such an employer, knowingly to employ, continue to employ, or refer for employment any alien in the United States who has not been lawfully admitted to the United States for permanent residence, unless the employment of such alien is authorized by the Attorney General. Provides that an employer, referrer, or agent shall not be deemed to have violated this Act if he has made a bona fide inquiry whether a person hereafter employed or referred by him is a citizen or an alien, and if an alien, whether he is lawfully admitted to the United States for permanent residence or is authorized by the Attorney General to accept employment. Requires that if, in a proceeding initiated within two years after the service of a citation by the Attorney General informing an employer of a violation under this Act, the Attorney General finds that any employer, agent, or referrer upon whom such citation has been served has thereafter violated the provisions of this Act, the Attorney General shall assess a penalty of not more than $500 for each alien in respect to whom any such violation is found to have occurred. Provides that further violation of this Act following the assessment of the above civil penalty shall make the employer guilty of a misdemeanor and upon conviction thereof such employer shall be punished by a fine not exceeding $1,000, or imprisonment not exceeding one year, or both, for each alien in respect to whom any violation of this occurs. Requires disclosure by employees and officers of the Department of Health, Education, and Welfare of information on illegal aliens who are receiving assistance under the Social Security Act.
United States · United States Congress · 25 February 1975
Makes it a crime to use any expanding bullet in a firearm in the United States. Defines "expanding bullet". Provides that whoever violates this Act shall be fined not more than $10,000, or imprisoned for not more than ten years, or both. (Adds 18 U.S.C. 1116)
United States · United States Congress · 5 February 1975
Authorizes the Secretary of the Interior to establish on specified public lands of the United States national petroleum reserves the development of which needs to be regulated in a manner consistent with the total energy needs of the Nation, including but not limited to, national defense. Requires the Secretary to review the potential for oil and gas production, in the State of Alaska, and to submit to Congress within one year a plan of development.
United States · United States Congress · 14 January 1975
Bankruptcy Act - Title I: The Bankruptcy Act - Revises and recodifies Federal bankruptcy law as title 11 of the United States Code. Title II: Bankruptcy - Provides that all papers in bankruptcy cases shall be public records. Sets forth the organization, administration, jurisdiction, and procedures of bankruptcy courts. Prescribes the duties of the Director of the Branch of Bankruptcy Administration in administering bankruptcy cases. Describes the relief available to debtors and creditors and methods of petitioning for such relief. Provides for appointment of trustees for bankruptcy courts to conduct business for the debtor or bankrupt. Requires specified notices to creditors in bankruptcy cases. Provides for examination of debtors. Sets forth procedures for creditors claims. States what claims are allowable, and the order of distribution of proceeds. Prescribes conditions of redemption and discharge debts, and describes exempt property. Defines property within the debtor's estate. Determines the validity of liens against the debtor's property. Prescribes fraudulent transfers in anticipation of bankruptcy. Provides for the disposition and use of the debtor's property after confirmation of the bankruptcy plan. Prescribes conditions of exemption from income tax for the debtor. Provides for the collection, liquidation, and distribution of the bankrupt estate. Provides for the disposition of bankrupty petitions of stockbrokerages. Sets forth requirements for bankruptcy plans for debtors with regular income, and requirements of claims and distribution under such plans. Provides for the discharge of property under such plans. Sets forth procedures for the selection of creditors' and equity security holders' committees, and for trustees under reorganization plans. Prescribes requirements of reorganization plans, and of confirmation and modification of such plans. Provides for the administration of debtors' estates. Prescribes requirements of plans for administration. Sets forth procedures and requirements for petition, notice, plans, and confirmation of debt adjustments of public agencies and instrumentalities and political subdivisions. Provides for railroad reorganizations. Defines the jurisdiction and standing in such cases. Describes requirements for voluntary and involuntary petition in such cases. Provides for the administration and for notice in such cases. Prescribes requirements for plans and confirmation in such cases. Establishes bankruptcy courts under title 28, United States Code.
United States · United States Congress · 14 January 1975
Bankruptcy Act - Revises and recodifies the bankruptcy laws of the United States.
United States · United States Congress · 26 November 1974
States that the House of Representatives commemorates the 100th anniversary of the birth of the Honorable Winston S. Churchilll.
United States · United States Congress · 2 October 1974
Prohibits the Federal Energy Administration from imposing any tax, fee, or charge on gasoline, unless approved by Congress.
United States · United States Congress · 12 September 1974
Bankruptcy Act - Title I: The Bankruptcy Act - Revises and recodifies Federal bankruptcy law as title 11 of the United States Code. Title II: Bankruptcy - Provides that all papers in bankruptcy cases shall be public records. Sets forth the organization, administration, jurisdiction, and procedures of bankruptcy courts. Prescribes the duties of the Director of the Branch of Bankruptcy Administration in administering bankruptcy cases. Describes the relief available to debtors and creditors and methods of petitioning for such relief. Provides for appointment of trustees for bankruptcy courts to conduct business for the debtor or bankrupt. Requires specified notices to creditors in bankruptcy cases. Provides for examination of debtors. Sets forth procedures for creditors claims. States what claims are allowable, and the order of distribution of proceeds. Prescribes conditions of redemption and discharge debts, and describes exempt property. Defines property within the debtor's estate. Determines the validity of liens against the debtor's property. Proscribes fraudulent transfers in anticipation of bankruptcy. Provides for the disposition and use of the debtor's property after confirmation of the bankruptcy plan. Prescribes conditions of exemption from income tax for the debtor. Provides for the collection, liquidation, and distribution of the bankrupt estate. Provides for the disposition of bankruptcy petitions of stockbrokerages. Sets forth requirements for bankruptcy plans for debtors with regular income, and requirements of claims and distribution under such plans. Provides for the discharge of property under such plans. Sets forth procedures for the selection of creditors' and equity security holders' committees, and for trustees under reorganization plans. Prescribes requirements of reorganization plans, and of confirmation and modification of such plans. Provides for the administration of debtors' estates. Prescribes requirements of plans for administration. Sets forth procedures and requirements for petition, notice, plans, and confirmation of debt adjustments of public agencies and instrumentalities and political subdivisions. Provides for railroad reorganizations. Defines the jurisdiction and standing in such cases. Describes requirements for voluntary and involuntary petition in such cases. Provides for the administration and for notice in such cases. Establishes bankruptcy courts under title 28, United States Code.
United States · United States Congress · 18 July 1974
Permits nonimmigrant foreign students to be employed during school vacations with the approval of the individual's school.
United States · United States Congress · 19 June 1974
Authorizes the President to proclaim the period of September 15, 1974 through October 15, 1974, as "Johnny Horizon '76' Clean Up America Month".