United States · United States Congress · 23 January 1974
States that it is the purpose of this Act to provide for the immediate and future protection and administration of public lands in the California desert within the framework of a program of multiple use, sustained yield, and maintenance of environmental quality. Establishes the California Desert Advisory Commission which shall consist of Federal and State representatives, representatives of the academic community, representatives of residents of the desert, and representatives of groups which make use of the desert and its resources for recreational, study, or business purposes. States that it shall be the function of the Commission to advise the Secretary of the Interior with respect to the program for the desert under this Act. Establishes the National Conservation Area of the California Desert to carry out the purposes of the Act. Gives the Secretary of the Interior responsibility for the preparation of a long-range program for the management, development, and use of the California Desert. Provides that such program shall include a plan, to be completed and reported to Congress within seven years from the date of enactment of this Act. Requires consultation with the Advisory Commission and with State organizations concerning such plan. Provides for an interim program to manage and protect the desert resources now in danger of destruction, and to provide for the public use of the desert. Authorizes the Secretary to acquire such lands or interests therein as he deems necessary to provide access to the facilities of the desert, to facilitate efficient and beneficial management of the desert. Empowers the Secretary to issue such regulations as he deems necessary to carry out the provisions of this Act. Provides that all mining carried out within the conservation area shall be subject to such reasonable regulations as the Secretary may prescribe to carry out the purposes of this Act. States that such regulations shall provide for such measures as may be reasonable to protect the scenic, scientific, and environmental values of the California Desert against undue impairment.
United States · United States Congress · 11 December 1973
Constitutional Amendment - Provides that no person shall be held to answer for a capital or otherwise infamous crime unless upon an information or indictment of a grand jury.
United States · United States Congress · 6 December 1973
Authorizes increased production of petroleum from the Elk Hills Naval Petroleum Reserve at a rate to help insure that the needs of national defense are met, but not to exceed the maximum efficient rate in accordance with sound engineering and economic principles. Authorizes the Secretary of the Navy to dispose of the production herein authorized by means of sales effected by competitive bid. Provides that full and equal opportunity for acquisition of the oil shall be accorded to all interested companies, including major and independent oil refineries alike. Establishes the Naval Petroleum Reserve Account. States that funds in the Account shall be available for the expenses of: (1) production, including preparation for production, as authorized by this resolution and as may hereafter be authorized; (2) all capital costs necessary for facilities both within and outside the reserve incident to production and delivery of crude petroleum; and (3) exploration, prospecting, conservation, development, use, and operation of the naval petroleum and oil shale reserves.
United States · United States Congress · 3 October 1973
Constitutional Amendment - Provides that no person shall be held to answer for a capital or otherwise infamous crime unless upon an information or indictment of a grand jury.
United States · United States Congress · 27 September 1973
Directs the Committee on the Judiciary, acting through a select subcommittee of nine members appointed by the chairman of the Committee on the Judiciary, to conduct a full and complete investigation of charges of impeachable offenses alleged to have been committed by Spiro T. Agnew. Directs the Committee on the Judiciary to report to the House the results of the investigation required to be conducted under this resolution, together with any recommendation, no later than three months after the date of the adoption of this resolution.
United States · United States Congress · 10 September 1973
Constitutional Amendment - Prohibits the imposition of the penalty of death upon the conviction of the crime of murder or treason. Provides that the statute authorizing such penalty must have been enacted after the effective date of this article.
United States · United States Congress · 1 August 1973
United States Court of Labor 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 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 differences through negotiations. Provides that if the stalemate has not been broken during such 80 day period, and it is apparent that futher bargaining will be futile, the court will continue the injunction and schedule immediate hearings for a final and binding judgement covering wages, hours, and other points of conflict. Provides that any final judgement, 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 and 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 · 23 July 1973
Revises the definition of extortion to mean the obtaining of property from another with his consent, induced by the use of actual or threatened force, violence, or fear, or under color of official right (presently wrongful use). (Amends 18 U.S.C. 1951 (b)(2))
United States · United States Congress · 12 July 1973
Provides that any justice or judge of the United States appointed to hold office during good behavior may retain his office but retire from the regular active service: (1) after attaining the age of seventy years and after serving at least ten years continuously or otherwise; (2) after attaining the age of sixty-nine years and after serving at least eleven years continuously or otherwise; (3) after attaining the age of sixty-eight years and after serving at least twelve years continuously or otherwise; (4) after attaining the age of sixty-seven years and after serving at least thirteen years continuously or otherwise; (5) after attaining the age of sixty-six years and after serving at least fourteen years continuously or otherwise; or (6) after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. (Amends 28 U.S.C. 371(b))
United States · United States Congress · 14 May 1973
Title I: Objectives - Gives recognition to the problems caused to the States of Arizona, California, and Nevada, due to the increasing salinity of the Colorado River. Declares it to be Congress' intent to institute a salinity control program based upon the policy adopted in the Conclusions and Recommendations published in the proceedings of the reconvened seventh session of the conference in the matter of the pollution of the interstate waters of the Colorado River and its tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming held in Denver, Colorado, on April 26-27, 1972, and approved on June 9, 1972 by the Administrator of the Environmental Protection Agency. Directs the Secretary of Interior to implement the program generally as described in Chapter VI of the Secretary's report entitled, "Colorado River Water Quality Improvement Program", October 1972. Title II: Initial Stage -Authorizes the Secretary to construct as initial units of the Colorado River Basin Salinity Control Program the La Verkin Springs unit, Paradox Valley unit, and Grand Valley unit. Title III: Continuing Program - Authorizes and directs the Secretary to expedite completion of the planning report on specified units. Directs the Secretary to cooperate with the Secretary of Agriculture in his actions toward salinity control. Title IV: Advisory Council - Creates a Colorado River Salinity Control Advisory Council composed of no more than three members appointed by the Governor from each of the seven Colorado River Basin states. States that the Council is to be advisory to the Secretary of the Interior in his work of carrying out the salinity control program. Title V: Allocation of Costs, Repayments - Provides for allocation and repayment of costs. Provides that 75 percent of the total costs of construction, operation, and maintenance and replacement of each unit of the salinity control projects is declared to be non-reimbursable and the remaining 25 percent is to be allocated to the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund. Provides for repayment of the costs of the salinity control projects allocated to the Lower Colorado River Basin Development Fund and the Upper Colorado River Basin Fund. Authorizes the Secretary to raise the rates for electrical energy under all contracts administered under the Colorado River Storage Project Act to the extent necessary to repay the costs allocated to the Upper Colorado River Basin Fund with respect to salinity control projects. Title VI: General Provisions - Provides for biennial reporting by the Secretary on the progress of the salinity control program, and the anticipated work to be accomplished in the future. Authorizes the necessary funds to carry out the provisions of this Act.
United States · United States Congress · 7 May 1973
Habeas Corpus Act Amendments - Provides that an appeal may be taken to the court of appeals from the final order in a habeas corpus proceeding or a proceeding with respect to a motion attacking sentence only if the court of appeals issues a certificates of probable cause; however, such a certificate shall not be necessary in order for a State or the Federal Government to appeal the final order. (Amends 28 U.S.C. 2253) Limits the availability of the writ of habeas corpus in a Federal Court on behalf of a prisoner to cases in which the prisoner is in custody in violation of the Constitution or laws of the United States; the claimed constitutional violation presents a substantial question which was not theretofore raised and which could not before have been raised and determined; the claimed constitutional right is one which has as its primary purpose the protection of the reliability of either the factfinding process at the trail or the appellate process on appeal from the judgement of conviction; and the petitioner shows that a different result would probably have resulted if such constitutional violation had not occurred, or that the court's jurisdiction or sentence are subject to attack. (Amends 28 U.S.C. 2253, 2255)
United States · United States Congress · 17 April 1973
Health Care Insurance Act - Provides, under the Social Security Act, for medical, dental, and hospital care through a system of voluntary health insurance financed in whole for low-income groups through issuance of certificates, and in part for all other persons through allowance of tax credits. Adds to the Social Security Act a new title entitled Federal Financing of Voluntary Health Insurance. Provides that, for the purpose of providing assistance on behalf of the individuals and their dependents whose income and resources are insufficient to meet the costs of necessary medical, dental, and hospital services, there is established a program of hospital, dental, and medical benefits for any eligible beneficiary and his dependents through the issuance of health insurance certificates, in full payment of allowable premium on a qualified health care insurance policy of his choice. Asserts that health insurance certificiates of entitlement will be redeemable by the carrier by payment from the Federal Health Insurance Redemption Fund. Includes as eligible beneficiaries under this title any husband and wife both under age 65 and living together and any unmarried person under age 65 who is not a dependent beneficiary. Defines a dependent beneficiary as any child of an eligible beneficiary receiving more than 50 percent of his support from the eligible beneficiary, which child is under 21, or if a student, under age 23. Provides that every individual who is an eligible beneficiary whose income results in no individual income tax liability during his base year, whose dependent beneficiaries have no such liability for their taxable years which end during his base year, and who is not eligible to receive military medical care, shall be eligible to receive a health insurance certificate of entitlement. Asserts that such certificates shall be applicable in full payment of allowable premiums for a qualified health care insurance policy or plan. Requires that such policy or plan shall provide protection for the eligible beneficiary and his dependent beneficiaries for a 12-month period beginning during his benefit year against the expenses of health care, including catastrophic expenses of illness. Allows tax credits for health care insurance. Asserts that every individual who is an eligible beneficiary who has not elected, where eligible, to receive benefits under the provisions for fully-paid health care insurance for the low-income group and who is not eligible to receive military medical care, shall be allowed at his election a credit against his income tax liability for his taxable year which ends during his base year; or a health insurance certificate of entitlement acceptable by a qualified carrier in payment toward a premium, under a qualified health care insurance policy. Specifies the amount of the tax credit or the value to be assigned to the health insurance certificate on the basis of allowable premiums. Provides that a health insurance certificate of entitlement means a certificate issued by the Secretary of Health, Education and Welfare upon application to him by an eligible beneficiary to apply toward payment of premium on a qualified health care insurance policy or plan. Specifies that a qualified health care insurance policy or plan shall be a contractual agreement specifying benefits under a program offered by a qualified carrier which has been registered by a State Agency and which provides basic institutional and medical coverage and catastrophic expense coverage. Declares that each such qualified health care insurance policy or plan shall be noncancellable and guaranteed renewable so long as the carrier continues to offer to the public one or more qualified health care insurance policies or plans, shall provide protection against the expense of health care without regard to any pre-existing conditions, and shall provide for payment under this title of usual and customary charges for services covered under the policy or plan. Stipulates what costs shall be included under basic coverage and under catastrophic expense coverage. Establishes deductibles for each of the two types of coverage. Creates a Health Insurance Advisory Board which shall consist of eleven persons including the Secretary of Health, Education, and Welfare and the Commissioner of the Internal Revenue Service. Directs that the remaining members, not otherwise in the employ of the Government, shall be appointed by the President, with the advice and consent of the Senate, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service. Asserts that the Secretary of HEW shall serve as Chairman. Provides that the members shall be selected from persons who are specifically qualified to serve on such Board by virtue of their education, training, or experience. Provides that the Health Insurance Advisory Board shall perform such functions as: (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 and develop programs whose purposes are to provide for maintaining the quality of medical care; and (4) review the effectiveness of the tax credit program and file an annual report. Grants the States the power to decide which carriers are qualified. Forbids any Federal officer or employee to exercise any supervision or control over the practice of medicine or dentistry or the manner in which medical or dental services are provided, or over the selection, tenure, or compensation of any officer or employee or any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person. Creates in the Treasury a trust fund to be known as the Federal Health Insurance Redemption Fund to consist in part of an amount equal to the aggregate amount of premiums paid under this title through the redemption of health insurance certificates.
United States · United States Congress · 11 April 1973
Provides that a collection of inaugural addresses, from President George Washington to President Richard M. Nixon, compiled from research volumes and State papers by the Congressional Research Service, Library of Congress, be printed with illustrations as a House document; and that seventeen thousand and ninety additional copies be printed, of which eleven thousand nine hundred and forty copies shall be for the use of the House of Representatives, and five thousand one hundred and fifty copies for the use of the Senate.
United States · United States Congress · 10 April 1973
Extends the term of the Commission on the Bankruptcy Laws of the United States to 30 days after the submission of its final report, and extends to July 31, 1973, the time period for the Commission to report on its activities, including its recommendations, to the President, Chief Justice, and the Congress.
United States · United States Congress · 22 March 1973
Criminal Code Reform Act - Title I: Federal Criminal Code - Part I: General Provisions and Principles Chapter I: General Provisions - Sets forth the general purposes of this Act. Classifies felonies into five categories, A through E. Defines the various terms used in this Act. Chapter 2: Federal Criminal Jurisdiction Describes the general, special (territorial, maritime, aircraft) and extraterritorial jurisdictions of the United States. Chapter 3: Culpability Provides that a person commits an offense under this Act only if: (1) he engages in conduct which is declared to be an offense and (2) he engages in such conduct intentionally, knowingly, recklessly, or negligently. Chapter 4: Complicity Declares that a person is guilty of an offense based upon the conduct of another and may be charged and punished as a principal if: (1) he knowingly aids, abets, counsels, commands, induces, procures, or facilitates its commission or attempted commission; (2) acting with the kind of culpability required for the offense charged, he causes an innocent, incompetent, or irresponsible person to engage in conduct which if performed by the defendant or another would be an offense; or (3) he is co-conspirator and the offense charged was committed in furtherance of the conspiracy and was a necessary or reasonably foreseeable consequence of it. Establishes standards for the criminal liability of organizations. Stipulates that a person is criminally liable for any conduct which he performs or causes to be performed in the name of an organization or in its behalf to the same extent as if the conduct was performed or caused to be performed in his own name or behalf. Chapter 5: Defenses Lists and describes the following defenses to prosecution: mistake of fact or law, insanity, intoxication, duress, public duty, protection of persons, protection of property, unlawful entrapment, and official misstatement of law, Part II: Offenses - Chapter 10: Offenses of General Applicability Defines the offense of criminal solicitation and provides that criminal solicitation is an offense of the class next below that of the crime solicited. States that it is an affirmative defense that, under the circumstances manifesting a voluntary and complete renunciation of his criminal conduct and intent, the defendant prevented the commission of the crime which he solicited. Defines the crime of criminal attempt. Establishes the requirements of a proper affirmative defense to such crime. States that criminal attempt is an offense of the same class of the crime attempted, except that to commit a class A felony is a class B felony. Defines the offense of criminal conspiracy and establishes the requirements of an affirmative defense to such crime. States that criminal conspiracy is an offense of the same class as the highest offense which was an objective of the relationship, except that an attempt to commit a class A felony is a class B felony. Chapter 11: Offenses Involving National Security Defines the following crimes: (1) treason; (2) armed rebellion or insurrection; (3) inciting overthrow or destruction of the government; (4) para-military political activities; (5) sabotage; (6) impairing military effectiveness; (7) violating emergency regulations concerning vessels; (8) impairing military effectiveness by false statement; (9) evading military or substitute service; (10) obstructing military recruitment or induction; (11) inciting or aiding mutiny, insubordination, or desertion; (12) aiding escape of a prisoner of war or an enemy alien; (13) espionage; (14) disclosing national defense information; (15) mishandling national defense information; (16) disclosing classified information; (17) unlawfully obtaining classified information; (18) failing to register as a person trained in a foreign espionage system; (19) failing to register as, or acting as, a foreign agent; (20) offenses relating to atomic energy. Chapter 12: Offenses Involving Foreign Relations and Immigration States that a person is guilty of an offense if he knowingly: (1) launches a land, air or sea attack from the United States against a nation with which the United States is not at war; (2) organizes or participates in a military expedition assembled in the United States to engage in armed hostilities against a nation with which the United States is not at war; or (3) engages in conduct hostile to a nation with which the United States is not at war within the territory of any foreign nation. Defines the offenses of unlawful entry into the United States, hindering discovery of an illegal entrant and fraudulent acquisition or improper use of naturalization, evidence of citizenship, or United States passport. Chapter 13: Offenses Involving Government Operations Defines the offenses of: (1) obstructing a government function by fraud; (2) obstructing a government function by physical interference; (3) hindering law enforcement; (4) aiding consummation of a crime; (5) bail jumping; (6) escape; (7) providing or possessing contraband in an official detention facility; (8) flight to avoid prosecution or giving testimony; (9) witness bribery; (10) corrupting a witness or an informant; (11) tampering with a witness or an informant; (12) retaliating against a witness or an informant; (13) tampering with physical evidence; (14) communicating with a juror; (15) monitoring jury deliberations; (16) demonstrating to influence a judicial proceeding; (17) criminal contempt; (18) failing to appear, produce information, or to be sworn; (19) refusing to testify; (20) certification for prosecution in which a congressional proceeding is involved; (21) obstructing a proceeding by disorderly conduct; (22) disobeying a judicial order; (23) perjury; (24) false swearing; (25) making a false statement; (26) making a false report; (27) tampering with a government record; (28) bribery; (29) graft; (30) trading in government assistance; (31) trading in special influence; (32) trading in public office; (33) speculating on official action or information; (34) tampering with a public servant; (35) retaliating against a public servant (36) impersonating an official. Chapter 14: Offenses involving Internal Revenue and Customs Defines the crimes of tax evasion, smuggling, and other related crimes. Chapter 15: Offenses Involving Civil Rights, Elections, and Private Communications Enumerates various civil rights offenses. Makes it a crime to obstruct, impair, or prevent the lawful conduct of an election or to obstruct voter registration for such election. Declares it to be a crime to intercept mail, or wire or an oral communication. Chapter 16: Offenses Against the Person Lists specified crimes against the person for the purposes of title 18 of the United States Code including murder, manslaughter, maiming, battery, criminal harassment, kidnapping, rape, aircraft hijacking, and various sexual offenses. Chapter 17: Offenses Against Property Establishes crimes relating to the conduct of such activities as arson, burglary, robbery, forgery, and economic offenses. Sets forth rules for determining the value of property or services when such a factor is determinative of the grading of an offense. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare Prescribes crimes against the public order in the areas of riots, firearms, drugs, obscenity, and disorderly conduct. Part III: Sentencing - Chapter 20: General Sentencing Provisions Provides that the probation service of the court shall make a presentence investigation and shall report the results of the investigation to the court before the imposition of sentence: (1) unless the court otherwise directs for reasons stated in the record; or (2) unless the offense is committed under circumstances requiring imposition of a particular sentence and permitting the court no discretion in the imposition of sentence. Chapter 21: Probation Sets forth the authorized terms of probation and conditional discharge for an offender. Enumerates various factors to be considered by the court in determining whether to grant a probation or conditional discharge. States that the conditions of release on probation or conditional discharge shall be such as the court in its discretion deems reasonable and appropriate to assist the offender to lead a law-abiding life. Chapter 22: Fines Establishes maximum limits on fines for specified classes of offenses. Provides that in addition to considering the nature and circumstances of the offense and the history and characteristics of the defendant, the court, in determining the amount and method of payment of a fine, shall take into account the financial resources of the defendant, the nature of the burden that payment of the fine will impose, and whether imposition of the fine will prevent the defendant from making restitution or reparation to the victim. Chapter 23: Imprisonment Authorizes specified maximum terms of imprisonment for the various classes of offenses in additon to any automatic contingent terms. Chapter 24: Death Sentence Enumerates conditions and crimes which permit the imposition of the sentence of death. Requires a separate sentencing hearing for this purpose. Title II: Conforming Amendments Revises appropriate sections of the United States Code for the purpose of providing conformity with the provisions of this Act. Makes it a Federal crime to misuse emblems, insignias, and names of U.S. departments and agencies. Establishes offenses with respect to the compensation of Members of Congress and officers of the government in matters affecting the government. Provides that whoever being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, otherwise than in the proper discharge of his official duties: (1) acts as agent or attorney for prosecuting any claim against the United States, or receives any gratuity, or any share of or interest in any such claim in consideration of assistance in the prosecution of such claim; or (2) acts as agent or attorney for anyone before any department, agency, court, court-martial, officer, or any civil, military, or naval commission in connection with any proceedings, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the United States is a party or has a direct and substantial interest; shall be guilty of a Class A misdemeanor. Establishes other specified offenses in the area of conflicts of interests of employees of the United States government. States that whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be guilty of a violation. Limits the maximum fine for such violation to $500. Makes necessary conforming changes in the following titles of the United States Code to meet the provisions of this Act: Bankruptcy - title 11; Banks and Banking - title 12; Commerce and Trade - title 15, (including firearms); Conservation - title 16; Crimes and Criminal Procedure - title 18; Customs Duties - title 19; Education - title 20; Food and Drugs - title 21; Foreign Relations and Intercourse - title 22; Indians - title 25; Internal Revenue Code - title 26; Intoxicating Liquors - title 27; Judiciary and Judicial Procedure - title 28; Money and Finance - title 31; Navigation and Navigable Waters - title 33; Patriotic Societies and Observances - title 36; Veterans' Benefits - title 38; Postal Service - title 39; Public Buildings, Property, and Works - title 40; Public Contracts - title 41; Public Health and Welfare - title 42; Public Lands - title 43; Public Printing and Documents - title 44; Shipping - title 46; Telegraphs, Telephones, and Radiotelegraphs - title 47; Transportation - title 49; War and National Defense - title 50. Adds new rules to the Federal Rules of Criminal Procedure. Sets forth requirements and procedures for the interception of wire and oral communications. Provides for civil damages to any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Act. Allows for the granting of an injunction against the executing of a scheme to defraud. Provides civil remedies against racketeering activities. Changes the name of the Bureau of Prisons to the Bureau of Corrections. Establishes a Parole Commission within the Department of Justice which shall be an independent agency having final authority in construing and administering all Federal parole statutes. States that each offender sentenced to a term of imprisonment shall be eligible for release on parole upon completion of the service of any minimum term or, if there is no minimum term, at any time, subject to the eligibility regulations of the Commission. Sets forth the criteria for release on parole and the conditions of parole. Establishes procedures to determine the existence of sanity at the time of the offense, as well as procedures to determine whether or not a person acquitted for reason of insanity ought to be hospitalized. Sets forth conditions of release from a mental institution. Creates special procedures for initial possession of drugs, allowing a court in its discretion to place such an offender on probation for a period not to exceed one year. Provides that if the person was not more than twenty-one years old at the time of the offense, he may apply to the court for an order to expunge from all official records, except the non-public records, all recordation relating to his arrest, the institution of criminal proceedings against him, and the results thereof. Title III: General Provisions States that if the provisions of any part of this Act or the application of any part of this Act to any person or circumstance are held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected. States that this Act shall take effect on the first day of the first calendar month beginning two years after the date of approval of the Act.
United States · United States Congress · 22 March 1973
Provides that a person shall be subjected to the penalty of death for any offense prohibited by the laws of the United States only if a hearing is held in accordance with this Act. States that when a defendant is found guilty of or pleads guilty to an offense for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in this Act, for the purpose of determining the sentence to be imposed. Provided that the hearing shall not be held if the government stipulates that none of the aggravating factors set forth in the Act exists or that one or more of the mitigating factors set forth in the Act. Provides that in the sentencing hearing the court shall disclose to the defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Sets forth rules of evidence to be used in such hearing. States that the jury or, if there is no jury, the court shall return a special verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in this Act. Provides that if the jury or, if there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors set forth in the Act exists and that none of the mitigating factors set forth in this Act exists, the court shall sentence the defendant to death. States that if the jury or , if there is no jury, the court finds that none of the aggravating factors exists, or finds that one or more of the mitigating factors exists the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted. States that the court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by special verdict as provided in the Act that at the time of the offense there existed one of the specified mitigating factors. Lists the mitigating factors which the courts are to recognize. Sets forth specified crimes and circumstances which shall be considered aggravating factors for the purposes of this Act. Makes conforming technical amendments.
United States · United States Congress · 20 March 1973
Authorizes the Secretary of the Navy to construct and provide shoreside facilities for the education and convenience of visitors to the United States Ship Arizona Memorial at Pearl Harbor, and to transfer responsibility for their operation and maintenance to the National Park Service. Authorizes to be appropriated $2,500,000 for the planning, construction, equipping, and furnishing of such facilities, such sum to be in addition to the regular budgetary appropriations for the Department of the Navy.
United States · United States Congress · 7 March 1973
Authorizes the Secretary of the Interior to acquire land in order to establish the Tule Elk National Wildlife Refuge within the Owen River watershed area, California. Declares that the tule elk shall be deemed a species of wildlife threatened with extinction for purposes of the Land and Water Conservation Fund Act. (Amends 16 U.S.C. 4601-9)
United States · United States Congress · 27 February 1973
Provides that whenever the law of any State permits the transportation or importation of wine into that State, such State may not impose with respect to any wine produced in another State, or from materials origniating in another State, any tax, regulation, prohibition, or requirement which is not equally applicable with respect to wine of like kind: (1) produced in, or from materials originating in, the State imposing such tax, regulation, prohibition, or requirement, or (2) produced outside, or produced from products produced outside the State. Provides that a State which permits the sale of wine within the State shall permit the transportation or importation of wine of like kind produced in other States, or from materials originating in other States, into said State for sale therein upon terms and conditions equally applicable to all wine of like kind sold in the State. Provides that whenever the law of any State permits the transportation or importation of wine into that State, such State may not impose with respect to such wine any prohibition or requirement which unreasonably impairs the free flow of commerce in such wine among the several States. Provides that whenever any person engaged in the transportation or importation into any State or the distribution within any State of any wine, or any product intended for use in the production of any wine has reason to believe that such State has violated any of the provisions of this Act, such person may file in a district court of the United States of competent jurisdiction, a civil action to enjoin the enforcement thereof. Gives such court jurisdiction to hear and determine such action, and to enter therein such preliminary and permanent orders, decrees, and judgments as it shall determine to be required to prevent any such violation.
United States · United States Congress · 30 January 1973
Provides that if a consular officer makes a determination under the Immigration and Nationality Act that an alien is to be deemed an immigrant by reason of his failure to overcome the presumption contained in the Act, the officer, upon the written request of any citizen of the United States, shall submit to such citizen a written statement: (1) describing the evidence concerning the alien which was presented to the officer before he made such determination, (2) setting forth the reasons for his determination, and (3) a description of the general character of the evidence needed to overcome the presumption that the alien, or such citizen of the United States, thereafter submits to the officer evidence of the general character needed to overcome the presumption that the alien is an immigrant, the officer shall review all of the evidence then available to him bearing on the question of the alien's immigrant status. Requires the officer to submit to the citizen a written statement containing the basis for his determination respecting the sufficiency of the evidence if he determines that such evidence is not sufficient to overcome the presumption.
United States · United States Congress · 30 January 1973
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 · 30 January 1973
Provides that no person knowingly deposit in the mail, or transport in interstate or foreign commerce, an unsolicited advertisement that is salacious. Defines "salacious" within the meaning of this Act to mean depicting, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse or masturbation or any act of sadism or masochism. Provides that whoever violates this Act shall be fined not more than $50,000, or imprisoned not more than five years, or both, for the first offense, and shall be fined not more than $100,000 or imprisoned not more than ten years, or both for a subsequent offense. Provides that when any person is convicted of a violation of this Act, the court may, in addition to the penalty prescribed, order the destruction of all copies of the salacious advertisement seized from the possession or custody of such person, or anyone acting on his behalf, at the time of his arrest. (Adds 18 U.S.C. 1466)
United States · United States Congress · 30 January 1973
Limits the availability of the writ of habeas corpus in a Federal Court on behalf of a State prisoner to cases in which the prisoner is in custody in violation of the Constitution or laws of the United States; the claimed constitutional violation presents a substantial question which was not theretofore raised and which cannot thereafter be raised and determined in the State court; and the claimed constitutional right is one which has as its primary purpose the protection of the reliability of either the factfinding process at the trial or the appellate process on appeal from the judgment of conviction. (Amends 28 U.S.C. 2254)
United States · United States Congress · 30 January 1973
Provides that anyone who knowingly deposits in the mail or transports in interstate commerce or foreign commerce matter which is harmful to minors who have not attained the age of 18 shall be fined not more than $50,000 and/or imprisoned not more than five years for the first offense and for a subsequent offense shall be fined not more than $100,000 and/or imprisoned not more than ten years. (Adds 18 U.S.C. 1467)
United States · United States Congress · 30 January 1973
Provides that whoever, being an inmate of a Federal penal or correctional institution, abducts, restrains, kidnaps, or holds as a hostage any person shall be punished: (1) by death if the person abducted, restrained, kidnapped, or held as a hostage has not been liberated unharmed, and if the verdict of the jury shall so recommend, or in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or (2) by imprisonment for any term of years or for life, if the death penalty is not imposed. Provides that whoever, being an inmate of a Federal penal or correctional institution, attempts or conspires, to abduct, restrain, kidnap, or hold as a hostage any person shall be imprisoned not more than ten years. Voids any agreement to pardon or grant amnesty to any such inmate for the safe release of a hostage, other than such an agreement by the President.
United States · United States Congress · 30 January 1973
Authorizes judicial officers to issue orders requiring a person to submit to nontestimonial identification procedures. Provides that the order must be based on an affidavit which sets out probable cause to believe an offense has been committed, that the person named committed the offense even though probable cause to arrest is lacking and that specified nontestimonial identification procedures would be of material aid in determining whether the person named in the affidavit committed the offense. Asserts that the court order would require the person to appear at a reasonable time and place to undergo undergo the specified identification procedures. Provides that nontestimonial identification procedures shall be conducted expeditiously where it appears that such person may flee or destroy the nontestimonial evidence. Defines "nontestimonial identification" as including fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, handwriting exemplars, voice samples, photographs and lineups. (Adds 18 U.S.C. 3505)
United States · United States Congress · 30 January 1973
Makes it unlawful for any person knowingly: (1) to sell or deliver in interstate commerce or through the mail to any minor any book, picture, or film, which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or (2) to exhibit to a minor a motion picture which has moved in interstate commerce or through the mails, and which depicts nudity, sexual conduct, or sadomasochistic abuse. Prescribes criminal penalties for the violation of this Act. Defines the terms used in this Act. (Adds 18 U.S.C. 1466)
United States · United States Congress · 30 January 1973
Imposes the death penalty for kidnapping if the kidnapped person has not been liberated unharmed, and if the verdict of the jury shall so recommend, or in the case of a plea of guilty, or a plea of not guilty, where the defendant has waived a jury trial, if the court in its discretion shall so order. (Amends 18 U.S.C. 1201(a))
United States · United States Congress · 30 January 1973
Makes it unlawful in the District of Columbia to intentionally promote or facilitate illegal drug trafficking by possession, sale, or distribution of drug use paraphernalia. Makes it unlawful for a person to possess an instrument or device for the purpose of unlawfully using a controlled substance himself. Provides fines between $5,000 and $25,000 and prison terms from 1-15 years for possession, sale or distribution of such paraphernalia. Provides a fine of not more than $1,000, imprisonment for one year or less, or both, for possession of such paraphernalia for personal use. Provides for seizure and sale of all such paraphernalia and any vehicles used in its transportation.
United States · United States Congress · 30 January 1973
Provides that the penalty for any person released on bail while charged with a felony who willfully fails to appear as required shall be equal to the maximum sentence of imprisonment, the maximum fine, or both, provided for the offense which the person was released in connection with. (Amends 18 U.S.C. 3150)
United States · United States Congress · 30 January 1973
Provides that any justice or judge of the United States appointed to hold office during good behavior may retain his office but retire from the regular active service: (1) after attaining the age of seventy years and after serving at least ten years continuously or otherwise; (2) after attaining the age of sixty-nine years and after serving at least eleven years continuously or otherwise; (3) after attaining the age of sixty-eight years and after serving at least twelve years continuously or otherwise; (4) after attaining the age of sixty-seven years and after serving at least thirteen years continuously or otherwise; (5) after attaining the age of sixty-six years and after serving at least fourteen years continuously or otherwise; or (6) after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. (Amends 28 U.S.C. 371(b))
United States · United States Congress · 30 January 1973
Provides that the Secretary of Transportation shall, as soon as practicable after the date of enactment of this Act, prescribe regulations governing the humane treatment of animals transported in air commerce.
United States · United States Congress · 30 January 1973
Constitutional Amendment - States that the twenty-third article of amendment to the Constitution is repealed. Provides that for the purposes of choosing Senators and Representatives in the Congress of the United States and electors of President and Vice President, the territory comprising the District of Columbia shall be held and considered to be a part of the State of Maryland; and the residents of said District shall be considered as residents of the State of Maryland for the purposes of congressional apportionment and representation. States that for purposes of voting in any primary or other election for Senators and Representatives in the Congress of the United States, and elctors for President and Vice President, residents of the District of Columbia shall be held and considered to be residents of the State of Maryland and subject to all the requirements of the laws of the State of Maryland for the conduct of the elections, and respecting the qualifications of voters prescribed by that State for such elections.