United States · United States Congress · 22 November 1977
Securities Protection Act - Makes it a Federal crime: (1) to forge, alter, or counterfeit a marketable security with intent to defraud, (2) to possess or engage in commerce in a forged, altered, or counterfeit security with intent to defraud, or (3) to possess or engage in commerce in any tool to forge, alter, or counterfeit any marketable security. Authorizes treble damage civil suits with respect to such violations. Makes it a Federal crime to steal or possess a stolen marketable security or to use a stolen, forged, or altered security at a financial institution.
United States · United States Congress · 25 October 1977
Omnibus Antiterrorism Act - Title I: Reorganization of Executive Office of the President - Establishes a Council to Combat Terrorism in the Executive Office of the President. Includes among the Council's functions (1) assisting the President to implement this Act, (2) assisting in the preparation of lists of countries aiding terrorist enterprises and of dangerous foreign airports, and (3) coordinating Federal efforts to combat terrorism. Directs the President to: (1) report to Congress on each act of terrorism which involves or affects United States citizens; and (2) impose sanctions against countries on the list of countries aiding terrorists and against airports on the list of dangerous foreign airports. Title II: Reorganization of the Department of State - Establishes a Bureau for Combating International Terrorism in the Department of State. Urges the President to seek international agreements which assure cooperation in combating terrorism. Lists provisions which should be given priority in negotiating such agreements. Requires the President to: (1) develop programs to insure full implementation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation; (2) approve all defense article sales and credits made to any individual or group; and (3) include the names of all types of explosives on the United States Munitions List. Title III: Reorganization of the Department of Justice - Establishes an Office for Combating Terrorism in the Department of Justice. Directs the President to extend existing safety and security requirements to supplemental means of air transportation. Requires that all explosives contain identification and detection taggants. Title IV: Aircraft Sabotage and Piracy - Amends provisions of title 18, U.S. Code, that specify prohibited acts regarding the destruction of aircraft or aircraft facilities to, among other revisions, set forth penalties for committing violence against a passenger which is likely to endanger an aircraft in service and for communicating false information which results in endangering the safety of an aircraft in flight. Sets forth penalties for a person found in the United States who has committed against or aboard a foreign aircraft an offense in violation of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. Authorizes civil penalties for carrying an accessible weapon aboard an aircraft and for imparting or conveying information known to be false regarding one of specified crimes aboard an aircraft. Specifies minimum penalties for threatening to commit air piracy or any other of certain crimes aboard an aircraft.
United States · United States Congress · 3 October 1977
Designates the South Portal Federal Office Building of the United States Department of Health, Education, and Welfare at 200 Independence Avenue Southwest, Washington, D. C., as the "Hubert H. Humphrey Building."
United States · United States Congress · 22 September 1977
Amends the Canal Zone Code to provide that probation officers for the Panama Canal Zone shall be appointed by the United States District Court for the District of the Canal Zone rather than the Governor of the Zone. Revises the duties and powers of probation officers in the Zone.
United States · United States Congress · 27 June 1977
Federal Computer Systems Protection Act - Makes it a Federal crime for a person to directly or indirectly access or cause to be accessed for fraudulent purposes a computer system affecting commerce or having a connection with a Federal agency or financial institution.
United States · United States Congress · 18 May 1977
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 among other information: (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; (6) a statement of the period of time for which the surveillance is required, and (7) a statement of procedures to be taken to minimize intrusion into the privacy of United States persons. 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 the 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. Requires, when an order to approve the emergency employment of electronic surveillance is not obtained, that the judge serve notice on any United States person 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. 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 the Attorney General to submit an annual report to the Administrative Office of the United States Courts and to Congress, including 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.
United States · United States Congress · 2 May 1977
Criminal Code Reform Act - Title I: Codification, Revision, and Reform of Title 18 - Defines the criminal jurisdiction of the United States. Declares a general rule that the existence of Federal jurisdiction is not preemptive. Enumerates offenses which are exceptions to the rule. Lists culpable states of mind; defines them; and requires that, unless otherwise specified, a culpable state of mind must be shown with respect to each element of every offense in this Act. Specifies the particular state of mind which must be shown if an offense is described without designating the required state of mind. Details standards relative to the liability of an accomplice, of an organization for the conduct of its agent, and of an agent for the conduct of an organization. Sets forth criminal offenses against the United States. Designates a category for each offense for purposes of punishment rather than prescribing a penalty for each crime separately. Organizes offenses by type rather than alphabetically. Specifies the types of offenses as follows: (1) offenses of general applicability, including criminal attempt, criminal conspiracy, and criminal solicitation; (2) offenses involving national defense, including treason and related offenses, sabotage and related offenses, espionage and related offenses, and atomic energy offenses; (3) offenses involving international affairs, including foreign relations crimes, and immigration, naturalization, and passport crimes; (4) offenses involving government processes, including general obstructions of government functions, obstructions of law enforcement, obstructions of justice, contempt offenses, perjury and related offenses, and commercial bribery and related offenses; (5) offenses involving taxation, including internal revenue offenses and customs offenses; (6) offenses involving individual rights, including civil rights crimes, privacy crimes, and political rights crimes; (7) offenses involving the person, including homicide offenses, assault offenses, kidnapping and related offenses, highjacking offenses, and sex offenses; (8) offenses involving property, including arson and other property destruction offenses, burglary and other criminal intrusion offenses, robbery, extortion, blackmail, theft and related offenses, counterfeiting and related offenses, commercial bribery and related offenses, and investment, monetary, and antitrust offenses; and (9) offenses involving public order, safety, health, and welfare, including organized crime offenses, drug offenses, explosives and firearms offenses, riot offenses, public health offenses, gambling offenses, obscenity offenses, prostitution, failure to obey an officer, and violating State or local law in a Federal enclave. Includes among new Federal offenses (1) a series of crimes dealing with obstruction of an election and misuse of power for political purposes, (2) consumer fraud, (3) possession of eavesdropping devices, (4) possession of burglar's tools, and (5) conspiracy in the United States to assassinate a foreign official outside the United States. Revises other offenses, among them (1) contempt (adds invalidity of court orders as a defense), (2) unlawful discrimination (includes sex as unlawful basis), (3) rape (includes all sexual assaults, modifies evidentiary requirements and redefines statutory rape), (4) failure to appear or testify (adds new defenses), (5) riot (narrows applicability), and (6) marijuana possession (decriminalizes possession of small amounts and reduces penalties for possessing larger quantities). Repeals provisions defining certain crimes including those relative to registration of Communists and communicating with a foreign country for the purpose of influencing policy. Directs that, except as otherwise specifically provided, a defendant who has been found guilty of an offense described in any Federal statute be sentenced in accordance with this Act. Authorizes a sentencing court to (1) order a presentence study of a defendant, either before or after receipt of the presentence report and commit the defendant to the custody of the Bureau of Prisons pending receipt of such a study or (3) order a presentence psychiatric examination of a defendant. Specifies factors to be considered by a sentencing court, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to deter similar conduct, protect the public, or provide the defendant needed training; and (3) the applicable sentencing range set forth in guidelines promulgated by the United States Sentencing Commission (established in title II of this Act). Authorizes a court to order a person found guilty of deceptive practices to notify interested persons of the conviction. Empower a court to order a guilty defendant to make restriction to a victim of the offense. Authorizes imposition of a term of probation, unless such sentence is specifically prohibited, with respect to all but the most serious class of felonies. Lists permissable terms of probation for each category of offenses. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates discretionary conditions of probation. Sets forth provisions relative to the running of a term of probation and revocation of probation. Authorizes imposition of a fine upon any person found guilty of an offense. Sets limits on the amount of a fine for each category of offenses. Prescribes higher maximums for organizational than for individual defendants. Permits as an alternative maximum fine twice the gain derived or twice the loss caused by an offense. Directs the court, in determining the amount of a fine and the method and fine for its payment, to consider the defendants' financial status. Prohibits the court from imposing a term of imprisonment as an alternative to payment of a fine. Details procedures for the modification or remission of a fine. Authorizes the imposition of a term of imprisonment upon an individual found guilty of an offense. Specifies maximum terms for each category of offense. Empowers a court to designate a term of parole ineligibility up to nine-tenths of the sentence imposed. Lists factors to be considered in setting or modifying a term of imprisonment or parole ineligibility. Prescribes guidelines relative to concurrent and consecutive terms. Designates which Federal agency is to have primary responsibility for detecting and investigating the commission of each criminal violation under this Act. Defines the law enforcement authority, including authority to arrest and execute process, of certain officials and employees of the following departments and agencies: (1) Federal Bureau of Investigation, (2) Drug Enforcement Administration, (3) Department of the Treasury, (4) United States Postal Service, (5) United States Marshals Service, (6) United States Probation Service, (7) Bureau of Prisons, (8) Immigration and Naturalization Service, and (9) Department of the Interior. Revises provisions relative to interception of communications for law enforcement purposes. Permits interception of communications with respect to certain crimes not presently covered, such as criminal solicitation of specified offenses and aircraft hijacking. Restricts interception of communications without a court order in emergency situations to offenses involving treason, sabotage, espionage, or a risk of death, rather than to conspiracies involving national security or organized crime. Amends provisions regarding extradition. Repeals provisions relating to extradition of persons fleeing the United States to countries under the control of the United States and to extradition of persons fleeing to the United States from such countries. Prohibits extradition of a person convicted in absentia unless assurances are made that proceedings will be reopened or unless the person fled after having been present when his trial commenced. Details new procedures for the arrest and detention of persons who have committed extraditable offenses. States that extraditability shall be found in an appropriate hearing only upon proof of certain facts, including (1) an applicable treaty covering the offense involved is in effect, (2) the pending criminal charge against the person sought, or the prosecution for the offense of which he was convicted, was brought within any applicable statute of limitations, and (3) probable cause that the person sought and the person arrested are identical and that the person sought has committed or has been convicted of the alleged offense. Permits hearsay to be admitted in extradition hearings. Prescribes standards and procedures for waiver of extradition hearings and for appeal of a judgment issued in such a hearing. Expands the criminal jurisdiction of United States magistrates to authorize trial of all misdemeanors by such officers. Restricts the election of defendant to be tried by a district court rather than by a magistrate to misdemeanors punishable by more than six months imprisonment. Repeals provisions relative to additional bail and demonstration pretrial services agencies. Permits Federal prosecution of a juvenile charged with a Federal felony if such prosecution is in the interest of justice, even though State jurisdiction exists and the appropriate State has adequate juvenile services. Specifies guidelines for (1) surrender to State authorities of persons age 18-21 who are arrested and charged with a Federal offense and (2) pretrial release of juveniles. Increases the time which a juvenile may be detained prior to trial. Authorizes, where in the interest of justice, prosecution as an adult of a juvenile under 16 years of age who is charged with murder. Allows a victim of juvenile delinquency to obtain information regarding final disposition of any action taken as a result of the incident. Revises procedures for determining mental competency to stand trial. Sets limits on the time a person deemed incompetent may be confined. Requires that a person deemed incompetent be released if, after appropriate time limits, he still is incompetent to stand trial, has no prospect of becoming competent, but does not, by clear and convincing evidence, pose a substantial risk to others of serious bodily or property damage. Sets the same standard for hospitalization of persons acquitted by reason of insanity and of mentally ill prisoners due for release as that for persons incompetent to stand trial who have no prospect to attain capacity to do so in the foreseeable future. Directs that psychiatric examinations required under this Act be conducted by at least two psychiatrists or clinical psychologists. Lists guidelines for psychiatric and hospital reports. Permits, unless contrary to a plea agreement or inconsistent with United States Sentencing Commission policy statements, a defendant to appeal a sentence greater than the maximum allowed under applicable Sentencing Commission guidelines and the Government to appeal a sentence less than the applicable minimum. Sets forth standards and procedures for appellate court review. Details special probation and expungement procedures for first offense drug possessors. Designates as eligible for parole any prisoner (1) who is sentenced to a term of six months or longer and (2) who has served the term of parole eligibility imposed by the sentencing court or six months, whichever occurs later. Directs the United States Parole Commission to grant parole to an eligible prisoner if, having regard for guidelines and pertinent policy statements of the United States Sentencing Commission concerning parole, it determines (1) release at that time is consistent with the factors that led to imposition of the particular sentence, (2) there is no undue risk of failure to conform to the conditions of parole warranted under the circumstances, and (3) release, in light of the prisoner's conduct during incarceration, would not have a substantially adverse effect on institutional discipline. Directs the Bureau of Prisons to conduct a complete study of every prisoner who is due to become eligible for parole. Entitles a prisoner who is eligible for parole to an interview in accordance with specified procedures. Sets forth ranges for terms of parole according to categories of offense. Directs the Parole Commission to set conditions of parole, taking into consideration any guidelines or statements of the Sentencing Commission, the circumstances of the offense, the history of the parolee, the need to protect the public from further crimes of the parolee, and the need of the parolee for educational, medical, and other services. Requires as a mandatory condition that the parolee not commit another crime. Details procedures for revocation of parole and appeal of Parole Commission decisions. Increases the number of crimes with respect to which proceeds, instrumentalities, and other property may be forfeited. Prescribes forfeiture procedures. Empowers the Attorney General to bring civil actions to prevent and restrain racketeering offenses and to enjoin a practice that constitutes or could constitute a fraudulent scheme or consumer fraud. Establishes in the Treasury a Victim Compensation Fund from which victims of Federal crimes against the person or their surviving dependents may be compensated upon filing a claim with the United States Victim Compensation Board. Conditions compensation upon the offense having been reported to a law enforcement officer within 72 hours, the claim being filed within one year of the offense, and the claimant sustaining a certain minimum loss. Limits compensation to $50,000 per victim per offense. Reduces compensation by amounts received from certain other sources. Excludes from the recodification numerous provisions presently included in Title 18, among them the provisions of the Speedy Trial Act. Title II: Miscellaneous Amendments - Reenacts specified sections of the Organized Crime Control Act of 1970 and of the Gun Control Act of 1968 which are not included in Title 18 of the United States Code as recodified by this Act as parts of those respective Acts. Provides for punishment of persons violating those sections through the sentencing provisions of Title 18. Revises the oath which must be submitted by an absentee buyer seeking to purchase a firearm from a licensed importer, manufacturer, or dealer. Adds a new rule on burdens of proof to the Federal Rules of Criminal Procedure which sets forth standards relative to (1) proof of offenses, defenses, affirmative defenses, and jurisdiction and (2) presumptions and prima facie evidence. Reenacts, with certain revisions, provisions regarding jurisdiction over offenses committed in Indian country which are not included in the recodification. Confers jurisdiction on Kansas and New York with regard to offenses committed by or against Indians on Indian reservations. Establishes a United States Sentencing Commission as an independent Commission in the judicial branch. Designates as the primary duty of the Commission promulgation of (1) guidelines setting forth ranges of sentences to be used by sentencing courts in accordance with the provisions of this Act and (2) general policy statements regarding application of the guidelines and other aspects of sentencing. Directs the Commission to develop, taking into consideration enumerated factors, categories of offenses and defendants for use in creating its sentencing guidelines. Reenacts certain provisions deleted from Title 18 by this Act regarding gathering and disclosing national defense or classified information as parts of the Subversive Activities Control Act of 1950 and the Espionage and Sabotage Act of 1954. Retains the criminal penalties specified in those sections and stipulates that sections of Title 18 on culpable states of mind shall not apply to such provisions. Title III: General Provisions - States that any holding that a provision or application of a provision of this Act is invalid shall not affect the validity of other provisions or applications of a provision. Continues the Bureau of Prisons and the Federal Prison Industries, which were created under sections of Title 18 deleted by this Act, under Title 28 (Judiciary and Judicial Procedure). Sets as the effective date of this Act the first day of the calendar month first beginning 24 months after enactment, with the exceptions of sections establishing the United States Sentencing Commission which are to take effect upon enactment.
United States · United States Congress · 28 April 1977
Unfair Competition Act - Establishes a uniform body of Federal unfair competition law by creating a Federal statutory tort of unfair competition affecting interstate commerce. Establishes Federal jurisdiction over such tort claims within the framework of the Trademark Act of 1946. Gives the Federal district courts jurisdiction to deal with acts which constitute unfair competition because of misrepresentation or misappropriation of goods or services. States that all the remedies set forth in the Trademark Act for infringement of unfair competition would be available in respect to acts of unfair competition. Makes any person liable in a civil action for unfair competition who engages in any act, trade practice, or course of conduct, in commerce, which: (1) causes or is likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of such person, or as to the origin, sponsorship, or approval of his goods, services, or vocational activities, or results or is likely to result in passing off the goods, services, or vocational activities which he offers as or for those of any other person, or (2) by a false or misleading representation or omission of material information, either misrepresents his goods, services, vocational activities, or their geographic origin, or (3) results or is likely to result in the wrongful disclosure or appropriation of a trade secret or confidential information, or (4) without being limited to or by the foregoing subsections (1) through (3), otherwise constitutes unfair competition by misrepresentation.
United States · United States Congress · 26 April 1977
Requires that a separate sentencing hearing be held when a defendant is found guilty of, or pleads guilty to, an offense for which one of the possible sentences is death. Sets forth procedures for such hearings. Directs imposition of the death sentence where the jury or, upon approval by the court and the Government of a defense motion, the court alone finds that aggravating circumstances exist and outweigh any mitigating factors. Includes among mitigating factors (1) significant impairment of capacity to appreciate the wrongfulness of the conduct constituting the offense or to conform to the requirements of law; (2) youthfulness; and (3) substantial duress. Includes among aggravating factors (1) commission of the offense during the commission or attempted commission of one of enumerated crimes; (2) previous conviction of a Federal offense or of one of certain State offenses for which a sentence of life imprisonment or of death is authorized; (3) previous conviction of two or more violent felonies; (4) commission of the offense in any usually cruel manner or for consideration, and (5) commission of the offense against one of specified Federal or foreign officials. Prohibits the carrying out of a death sentence on a pregnant woman. Authorizes the imposition of a death sentence upon a person for gathering or delivering defense information to aid a foreign government only when specified weapon or defense systems are involved. Sets forth procedures and standards for court of appeal review of death sentences. Excludes from the procedures set forth in this Act prosecutions under the Uniform Code of Military Justice.
United States · United States Congress · 5 April 1977
Amends the Internal Revenue Code to exempt certain corporations substantially owned by members of two or three families from the requirement that corporations engaged in farming use the accrual method of accounting.
United States · United States Congress · 18 March 1977
Amends the Bail Reform Act of 1966 to subject persons charged with specified serious felonies, including rape, kidnapping while armed, and robbery while armed, to the same release criteria and procedures currently applicable to persons charged with capital offenses. Sets forth separate detention criteria for persons charged with a crime involving the taking of hostages and using them for purposes of securing release. Entitles persons subject to pretrial detention, other than persons charged with capital offenses, to a hearing prior to being ordered detained. Requires that release procedures for persons charged with crimes other than the serious offenses listed in this Act be applied to persons ordered detained if such persons have not been brought to trial within certain time limits. Applies procedures for appealing conditions of release to appeals of detention orders. Permits judicial officers to detain for up to ten days any person appearing for a bail determination if it appears that such person is presently on probation, parole, or mandatory release pending completion of sentence for any offense under State or Federal law and that such person may flee or pose a danger to any other person or the community if released. Revises penalties for willful failure of a released person to appear before a court or magistrate and renders liable to such penalties persons willfully failing to appear prior to surrender to commence service of sentence. Imposes additional penalties for commission of crimes while on release. Specifies sanctions for violation of release conditions.
United States · United States Congress · 15 March 1977
Authorizes additional expenditures of $250,000 by the Committee on Appropriations of the Senate for inquiries and investigations during the Ninety-fifth Congress.
United States · United States Congress · 10 March 1977
Prohibits the first salary adjustment which would be made under the Federal Salary Act of 1967 after the date of enactment of this Act from taking effect for the Vice President, Members of Congress, judges, commissioners, and referees, and positions in the Executive Schedule.
United States · United States Congress · 24 February 1977
Constitutional Amendment - Requires the President to review Government revenues and expenditures at specified times and to determine a surtax rate when expenditures exceed revenues to insure that receipts will equal outlays. Authorizes a suspension of such measures in the case of a grave national emergency declared by Congress.
United States · United States Congress · 10 February 1977
Solar Energy Government Building Act - Title I: Solar Hot Water and Space Heating Program for Federal Building - Directs the Administrator of General Services to establish a solar hot water and space heating devices in 15,000 federally owned buildings within six fiscal years following the date of enactment of this Act. Directs the Administrator to annually survey Federal buildings to determine those most suitable for the installation of solar hot water and space heating devices, considering geographic distribution and life-cycle cost evaluations in making such determination. Directs the Administrator to report annually to Congress on the status of the Program, including recommendations for future funding levels necessary to fully implement the six-year target set forth in this Act. Establishes an Advisory Committee on the Solar Energy Government Building Program of specified Government executives to assist the Administrator in the establishment and conduct of the Program. Authorizes the appropriation of $100,000,000 for each of fiscal years 1978 through 1983 for the purposes of this title. Title II: Federal Photovoltaic Utilization Program - Establishes a Federal Photovoltaic Utilization Program for the annual acquisition and use of photovoltaic solar electric systems, primarily for use by the Department of Defense. Directs the Administrator of General Services to administer the program with the assistance of the Secretary of Defense. Directs the Administrator of the Energy Research and Development Administration to establish a photovoltaic system evaluation and purchase program to insure that such systems reflect the most advanced, low-cost technology. Authorizes the appropriations of $25,000,000 for each of fiscal years 1978 through 1982 for design and engineering aspects of the program. Authorizes the appropriation of $100,000,000 for photovoltaic system acquisition in fiscal year 1978.
United States · United States Congress · 3 February 1977
Authorizes the Secretary of the Senate to transfer funds from the fiscal year ending June 30, 1976, to pay the contingent expenses of the Senate included under "Inquiries and Investigations" and "Miscellaneous Items." Directs the Secretary to reimburse transferred funds out of future funds made available for disbursement for the fiscal year ending June 30, 1976.
United States · United States Congress · 1 February 1977
Victims of Crime Act - Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies requirements for program certification, including that the program (1) offer compensation for personal injuries suffered as a result of certain State and Federal crimes, (2) offer compensation to surviving dependents of persons whose deaths resulted from being victim to such a crime, (3) require cooperation with law enforcement agencies as a condition for recovery, (4) grant claimants the right to a hearing, and (5) subrogate the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State. States that grants made under this Act shall total 50 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program and 100 percent of the allowable compensation paid to victims and dependent survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Limits compensation with respect to any single claim to (1) loss resulting from medical and related treatment, physical and occupational therapy and rehabilitation, and past and anticipated future earnings up to $200 per week and (2) a total of $50,000. Establishes an Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime.
United States · United States Congress · 28 January 1977
Extends the coverage of the Poultry Products Inspection Act to include (1) domesticated rabbits and the establishments in which such rabbits are processed; (2) persons who slaughter or handle such rabbits; and (3) any other person performing any act relating to such rabbits if such acts, if related to poultry, would subject that person to the provisions of the Poultry Products Inspection Act. Allows a State two years from the date of enactment of this Act to develop and enforce, with respect to establishments processing domesticated rabbits within its bodies, requirements at least equal to those imposed by the Poultry Products Inspection Act or have such intrastate activities come under Federal regulation.
United States · United States Congress · 19 January 1977
Amends the Federal Water Pollution Control Act to redefine the term "navigable waters" as it applies to permits for dredged or fill material as required by the Act. Allows the discharge of dredged or fill materials without a permit in waters other than navigable waters and adjacent wetlands. Authorizes the Secretary of the Army, acting through the Corps of Engineers, to enter into agreements with States to regulate the discharge of dredged or fill material in waters other than navigable waters and in wetlands other than adjacent wetlands. Exempts farming, silviculture, ranching, forestry and specified construction activities from permit requirements with respect to discharges of dredged or fill material. Stipulates that Federal projects shall be exempt only if the effects of such discharges have been assessed pursuant to the provisions of the National Environmental Policy Act of 1969. Authorizes the Secretary of the Army, acting through the Corps of Engineers, to delegate authority over dredged and fill material in adjacent wetlands to the States.
United States · United States Congress · 18 January 1977
Makes it unlawful for any individual or entity to solicit to enroll or enroll any member of the armed forces in any labor organization or for any member to encourage others to join or to actively support any military labor organization. Sets forth penalties for violation of this Act.
United States · United States Congress · 18 January 1977
Recognizes the outstanding contributions made by President Ford to this Nation and commends him for the manner and integrity with which he carried out his responsibilities.
United States · United States Congress · 14 January 1977
Requires the imposition of mandatory sentences of not less than two years for certain burglary and aggravated assault convictions. Requires a mandatory sentence of not less than two years and which may be up to life imprisonment for certain second degree murder convictions. Requires a mandatory sentence of not less than two years for convictions of crimes involving the use of a firearm. Specifies mandatory sentences for crimes involving heroin. Increases the sentences of repeat Federal offenders. Waives the imposition of mandatory minimum sentences under this Act if the individual convicted (1) was less than 16 years of age at the time of the crime; (2) was mentally impaired; (3) was under substantial duress; or (4) was a minor accomplice. Provides for a special hearing before the court without a jury to determine whether any of the factors enumerated above are applicable.
United States · United States Congress · 11 January 1977
Establishes within the judicial branch a United States Commission on Sentencing to, among other functions, promulgate and distribute suggested sentencing ranges and guidelines for Federal courts. Specifies factors to be considered by a sentencing court in imposing a term of imprisonment, a fine, or a term of probation, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence to adequately deter criminal conduct; (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently; and (4) any guidelines established by the commission. Requires a court in every case in which it imposes a term of imprisonment to make as part of the record and to disclose in open court to the defendant at time of sentencing a statement of the reasons for the sentence imposed. Provides that in any case in which a sentence has been imposed, with the exception of certain cases involving plea agreements, a petition for review of such sentence may be filed with a United States court of appeals by (1) the United States if the sentence includes a fine or term of imprisonment less than the minimum established by law or the minimum established by the sentencing guidelines of the Commission, or (2) the defendant if the sentence includes a fine or term of imprisonment more than the maximum established by law or the maximum established by the sentencing guidelines. Directs the court of appeals to overturn the sentence if it finds that (1) the Commissions guidelines were properly applied but that the sentence imposed outside the guidelines was otherwise clearly unreasonable, or (2) that the sentence imposed was within the guidelines but was otherwise clearly erroneous.
United States · United States Congress · 11 January 1977
Amends Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to decrease from 72 to 65 the age at which earnings limitations are no longer applicable.
United States · United States Congress · 10 January 1977
Directs courts to furnish to a victim of juvenile delinquency, upon request, information relative to the final disposition of such juvenile by the court.
United States · United States Congress · 10 January 1977
Amends Title II (Old-Age, Survivors', and Disability Insurance) of the Social Security Act to increase to $4,800 the amount of outside earnings which is permitted an individual each year without any deduction from benefits.
United States · United States Congress · 10 January 1977
Directs the President to appoint, by and with the advice and consent of the Senate, additional district court judges to specified judicial districts of the United States.
United States · United States Congress · 17 September 1976
Expresses the Senate's gratitude to Mike Mansfield of Montana for his participation in the Government and his service on behalf of the Nation's people.
United States · United States Congress · 27 August 1976
Designates the extension of the Senate Office Building presently under construction pursuant to the Supplemental Appropriations Act, 1973, as the "Philip A. Hart Office Building."
United States · United States Congress · 12 May 1976
Provides, under the Federal Trade Commission Act, that exclusive territorial arrangements in any franchise agreement, or any trademark licensing contract or agreement, for the manufacture, distribution, and sale of a trademarked soft drink product shall not be deemed unlawful, provided: (1) that such product is in substantial and effective competition with products of the same general class distributed or sold by others; (2) the licensee is in substantial and effective competition with vendors of other products of the same general class; and (3) the licensor retains control over the nature and quality of such product in accordance with the provisions of the Trademark Act of 1946.
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 the 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 · 22 March 1976
Extends the authorization of appropriations for the National Commission on New Technological Uses of Copyrighted Works to be coextensive with the life of such Commission.
United States · United States Congress · 16 March 1976
Constitutional Amendment - Provides that the Congress shall seek to assure that the total outlays of the Government during any fiscal year do not exceed the total receipts of the Government during such fiscal year. Directs the President to ascertain the total receipts and outlays of the Government during each fiscal year. Provides that if the total receipts are less than the total outlays, the President shall determine the percentage rate of income tax surtax to be imposed to equal the amount by which such total receipts are less than total outlays. Provides that the income tax surtax, which would otherwise be in effect for the year, may be suspended in case of a grave national emergency declared by Congress.
United States · United States Congress · 4 March 1976
Makes it unlawful for any individual or entity to solicit or enroll any member of the armed forces in any labor organization, or for any member of the armed forces to join, or encourage other members to join, any labor union. Prescribes a penalty of not more than five years imprisonment for any individual violating this Act, and a fine of not less than $25,000 or more than $50,000 for any labor organization in violation of this Act. (Adds 10 U.S.C. 975)
United States · United States Congress · 21 January 1976
Emergency Food Stamp Vendor Accountability Act - Directs the Secretary of Agriculture, under the Food Stamp Act of 1964, to prescribe regulations to be followed by food coupon vendors with respect to the depositing of funds received for such coupons and the accounting for such funds to the State and Federal Governments. Requires vendors to deposit such funds weekly in accordance with Department of Agriculture regulations. Requires more frequent deposit of balances of $1,000 or more. States that vendors act as fiduciaries of the Federal Government when receiving food coupon funds. Prohibits the use of such funds by vendors for the benefit of anyone other than the Federal Government. Requires vendors to report periodically to State and Federal Government agencies the amount of funds deposited. Establishes criminal penalties for the violation of the regulations established in accordance with this Act.
United States · United States Congress · 16 December 1975
Makes it a crime to damage an employer's property notwithstanding the fact that such damage takes place during the course of a labor dispute. Includes within the crime of extortion, the obtaining of the property of another by violence or threat of violence in the course of a labor dispute. (Amends 18 U.S.C. 1951)
United States · United States Congress · 9 December 1975
Extends from January 31, 1976, to April 30, 1976, the authority under the Omnibus Crime Control and Safe Streets Act, of the National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance. (Amends 18 U.S.C. 2510 note)
United States · United States Congress · 20 November 1975
Requires the imposition of mandatory sentences of not less than two years for specified cases of burglary and aggravated assault convictions under present Federal statutes. Requires a mandatory sentence of not less than two years and which may be up to life imprisonment for specified cases of second degree murder convictions. Requires a mandatory sentence of not less than two years for convictions to crimes involving the use of a firearm. Specifies mandatory sentences for crimes involving heroin. Increases the sentences of repeated Federal offenders.
United States · United States Congress · 20 November 1975
Directs the Federal courts to consider, in their determinations of the imposition of terms of imprisonment for criminal offenses, the following factors: (1) the nature and circumstances of the offense and the history and charactertics of the defendant; (2) the need for the sentence imposed to reflect the seriousness of the offense and the providing of adequate deterrence to criminal conduct; (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently; and (4) any sentencing guidelines established by the Commission established under this Act. Establishes a United States Commission on Sentencing as an independent commission within the judicial branch of the United States Government. Provides for a membership of such Commission of five members appointed by the United States Judicial Conference. Directs such Commission to promulgate and distribute to all Federal courts guidelines for sentencing consistant with this Act. Empowers the Commission to establish general policies and rules necessary to carry out this Act. Empowers the Commission to utilize the services and information of other Federal, State, local and private agencies with or without reimbursement therefor. Empowers the Commission to establish a research and development program for the purpose of: (1) serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on Federal sentencing practices; and (2) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices. Empowers the Commission to devise and conduct a training program of short-term instruction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process. Requires the Commission to report annually to the Congress, the Judicial Conference, and the President on its activities.
United States · United States Congress · 18 November 1975
States that the Senate commends Secretary of Defense James R. Schlesinger for his excellence in office, his intellectual honesty, personal integrity, courage and independence. Expresses a debt of gratitude to Secretary Schlesinger for his services and particularly for his determination to convey the truth to the American people.
United States · United States Congress · 11 November 1975
Condemns the resolution adopted by the General Assembly of the United Nations which equates Zionism with racism. Opposes participation by the United States Government in the Decade for Action to Combat Racism and Racial Discrimination. Calls for reconsideration of the Zionism resolution. Directs the Committee on International Relations and the Committee on Foreign Relations to begin hearings immediately to reassess the United States' further participation in the United Nations General Assembly.
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 involve 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 · 28 October 1975
Public Safety Officers' Benefits Act - Provides that a public safety officer who dies in the line of duty from injuries directly and proximately caused by a criminal act, or an apparent criminal act, shall be entitled to $50,000 as specified in this Act. Allows for an interim payment of $3,000 to the persons entitled to receive a benefit. Provides that under specified circumstances no benefit shall be paid including (1) intentional misconduct of the public safety officer and (2) voluntary intoxication of the officer. Defines terms as used in this Act.
United States · United States Congress · 7 October 1975
Constitutional Amendment - Provides that the right of students to attend the public school nearest their place of residency shall not be denied or abridged for reasons of race, color, national origin, religion, or sex.