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Justice Safety Valve Act of 2013

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The Justice Safety Valve Act of 2013 ( H.R. 1695 in the House or S. 619 in the Senate) is a bill in the 113th United States Congress . The bill would allow courts to impose criminal penalties below the statutory minimum sentences under certain circumstances.

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64-478: The bill amends the federal criminal US code of the United States title 18, Part II, Chapter 227, Subchapter A, Section 3553 Imposition of a Sentence. It aimed to authorize a federal court to impose a sentence below a statutory minimum if necessary to avoid violating federal provisions prescribing factors courts must consider in imposing a sentence. It requires the court to give parties notice of its intent to impose

128-414: A computer monitor or handheld device , or output to a printing device . PDF and some e-book file format pages are designed to do both. Most applications will print electronic pages without the need for a screen capture . However, not all software supports WYSIWYG printing of pages. Pages exclusively for screen output are more commonly known as screens, windows , interfaces, scenes , or cards . In

192-405: A desktop printer or a modern printing press . These electronic files may for example be Microsoft Word , PDF or QXD files. They will usually already incorporate the instructions for pagination, among other formatting instructions. Pagination encompasses rules and algorithms for deciding where page breaks will fall, which depend partly on cultural considerations about which content belongs on

256-492: A markup language (such as XML , HTML , or SGML ) that tags the content semantically and machine-readably, which allows downstream technologies (such as XSLT , XSL , or CSS ) to output them into whatever presentation is desired. This concept is known as the separation of presentation and content . This paradigm is now the conventional one in most commercial publishing, except to the extent that legacy and backward compatibility issues and budget constraints interfere, and to

320-450: A § ) as their basic coherent units, and sections are numbered sequentially across the entire title without regard to the previously-mentioned divisions of titles. Sections are often divided into (from largest to smallest) subsections, paragraphs, subparagraphs, clauses, subclauses, items, and subitems. Congress, by convention, names a particular subdivision of a section according to its largest element. For example, "subsection (c)(3)(B)(iv)"

384-481: A limited time, such as most appropriation acts or budget laws, which apply only for a single fiscal year . If these limited provisions are significant, however, they may be printed as "notes" underneath related sections of the Code. The codification is based on the content of the laws, however, not the vehicle by which they are adopted; so, for instance, if an appropriations act contains substantive, permanent provisions (as

448-469: A link to the first and last pages. Also ability to define the number of records displayed in a single page is useful. In comparison to bottomless scrolling, pagination allows skipping pages and can be implemented with permanent links (as done with the offset URL parameter in the MediaWiki wiki engine), whereas bottomless scrolling does not require clicking or tapping if loaded automatically. Pagination

512-464: A lower sentence and to state in writing the factors requiring such a sentence. Senator Rand Paul (R-KY) introduced S. 619 on March 20, 2013. Rep. Bobby Scott (D-VA) introduced the bill to the House of Representatives as H.R. 1695 on April 24, 2013. The bill was rescheduled for an Executive Business Meeting again on December 12 and 19, 2013, along with S1675 and S1410. It became a calendar item along with

576-477: A new Title 52 , which has not been enacted into positive law. When sections are repealed, their text is deleted and replaced by a note summarizing what used to be there. This is so that lawyers reading old cases can understand what the cases are talking about. As a result, some portions of the Code consist entirely of empty chapters full of historical notes. For example, Title 8, Chapter 7 is labeled "Exclusion of Chinese". This contains historical notes relating to

640-601: A new bill, S. 1783 the Federal Prison Reform Act of 2013, introduced by John Cornyn (R-TX). In October, 2013, both bills were still in committee. The two bills, S.619 and H.R.1695, have the same language and the same name. The H.R. 1695 bill was assigned to the House Judiciary Committee on Crime, Terrorism, Homeland Security and Investigations on April 24, 2013. The Senate Judiciary Committee received their version on March 20, 2013. The bill summary

704-830: A number of judiciary nominations. The three pieces of legislation were held over from the December 19th meeting. On November 21, 2013, the United States Senate Judiciary Committee convened in a rescheduled Executive Business Meeting. The meeting was to discuss and possibly vote on moving forward with the Justice Safety Valve Act. Other related Acts include the S.1410, " The Smarter Sentencing Act of 2013 " (Durbin, Lee, Leahy, Whitehouse) and S.1675, Recidivism Reduction and Public Safety Act of 2013 (Whitehouse, Portman). The Justice Safety Valve Act became one of many new bills to address prison overcrowding and

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768-635: A result of an antitrust settlement when the parent of Lawyers Co-operative Publishing acquired West. These annotated versions contain notes following each section of the law, which organize and summarize court decisions, law review articles, and other authorities that pertain to the code section, and may also include uncodified provisions that are part of the Public Laws. The publishers of these versions frequently issue supplements (in hard copy format as pocket parts ) that contain newly enacted laws, which may not yet have appeared in an official published version of

832-562: A section in the Code. To cite any particular section, it is enough to know its title and section numbers. According to one legal style manual, a sample citation would be " Privacy Act of 1974 , 5 U.S.C.   § 552a (2006)", read aloud as "Title five, United States Code, section five fifty-two A" or simply "five USC five fifty-two A". Some section numbers consist of awkward-sounding combinations of letters, hyphens, and numerals. They are especially prevalent in Title 42. A typical example

896-510: A series of provisions together as a means of addressing a social or governmental problem; those provisions often fall in different logical areas of the Code. For example, an Act providing relief for family farms might affect items in Title 7 (Agriculture), Title 26 (Tax), and Title 43 ( Public Lands ). When the Act is codified, its various provisions might well be placed in different parts of those various Titles. Traces of this process are generally found in

960-490: Is a term to encompass paginated content in presentations or documents that originate or remain as visual electronic documents . This is a software file and recording format term in contrast to electronic paper , a hardware display technology . Electronic pages may be a standard sized based on the document settings of a word processor file, desktop publishing application file, or presentation software file. Electronic pages may also be dynamic in size or content such as in

1024-405: Is an approach used to limit and display only a part of the total data of a query in the database. Instead of showing hundreds or thousands of rows at the same time, the server is requested only one page (a limited set of rows, per example only 10 rows), and the user starts navigating by requesting the next page, and then the next one, and so on. It is very useful, specially in web systems, where there

1088-414: Is common for lawyers to refer to a " Chapter 11 bankruptcy " or a "Subchapter S corporation " (often shortened to " S corporation "). In the context of federal statutes, the word "title" has two slightly different meanings. It can refer to the highest subdivision of the Code itself, but it can also refer to the highest subdivision of an Act of Congress which subsequently becomes part of an existing title of

1152-433: Is no dedicated connection between the client and the server, so the client does not have to wait to read and display all the rows of the server. Today, all content, no matter which output medium is planned, predicted, or not predicted, can be produced with technologies that allow downstream transformations into any presentation desired, although such best-practice preparation is still far from universal. This usually involves

1216-408: Is not a subsection but a clause, namely clause (iv) of subparagraph (B) of paragraph (3) of subsection (c); if the identity of the subsection and paragraph were clear from the context, one would refer to the clause as "subparagraph (B)(iv)". Not all titles use the same series of subdivisions above the section level, and they may arrange them in different order. For example, in Title 26 (the tax code),

1280-564: Is published by the U.S. House of Representatives ' Office of the Law Revision Counsel . New editions are published every six years, with cumulative supplements issued each year. The official version of these laws appears in the United States Statutes at Large , a chronological, uncodified compilation. The official text of an Act of Congress is that of the "enrolled bill" (traditionally printed on parchment ) presented to

1344-458: Is required to determine what laws are in force at any given time. The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, and eliminating expired and amended sections. The Code is maintained by the Office of the Law Revision Counsel (LRC) of the U.S. House of Representatives. The LRC determines which statutes in

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1408-691: Is routinely cited by the Supreme Court and other federal courts without mentioning this theoretical caveat. On a day-to-day basis, very few lawyers cross-reference the Code to the Statutes at Large . Attempting to capitalize on the possibility that the text of the United States Code can differ from the United States Statutes at Large , Bancroft-Whitney for many years published a series of volumes known as United States Code Service (USCS), which used

1472-541: Is sometimes the case), these provisions will be incorporated into the Code even though they were adopted as part of a non-permanent enactment. Early efforts at codifying the Acts of Congress were undertaken by private publishers; these were useful shortcuts for research purposes, but had no official status. Congress undertook an official codification called the Revised Statutes of the United States approved June 22, 1874, for

1536-523: Is that the original drafters of the Code in 1926 failed to foresee the explosive growth of federal legislation directed to "The Public Health and Welfare" (as Title 42 is literally titled) and did not fashion statutory classifications and section numbering schemes that could readily accommodate such expansion. Title 42 grew in size from 6 chapters and 106 sections in 1926 to over 160 chapters and 7,000 sections as of 1999. Titles that have been enacted into positive law are indicated by blue shading below with

1600-559: Is the Religious Freedom Restoration Act of 1993 (RFRA), which is codified in Chapter 21B of Title 42 at 42 U.S.C.   § 2000bb through 42 U.S.C.   § 2000bb-4 . In the case of RFRA, Congress was trying to squeeze a new act into Title 42 between Chapter 21A (ending at 42 U.S.C.   § 2000aa-12 ) and Chapter 22 (beginning at 42 U.S.C.   § 2001 ). The underlying problem

1664-517: Is the process of dividing a document into discrete pages , either electronic pages or printed pages. In reference to books produced without a computer, pagination can mean the consecutive page numbering to indicate the proper order of the pages, which was rarely found in documents pre-dating 1500, and only became common practice c. 1550, when it replaced foliation, which numbered only the front sides of folios . Word processing , desktop publishing , and digital typesetting are technologies built on

1728-504: Is used for such things as displaying a limited number of results on search engine results pages , or showing a limited number of posts when viewing a forum thread . Pagination is used in some form in almost every web application to divide returned data and display it on multiple pages within one web page. Pagination also includes the logic of preparing and displaying the links to the various pages. Pagination can be handled client-side or server-side . For client-side pagination,

1792-688: Is used to request the subsequent page from the server which is loaded and inserted into the Document Object Model via AJAX. Server-side pagination is appropriate for large data sets providing faster initial page load, accessibility for those not running Javascript, and complex view business logic, while client-side pagination allows navigating between pages without delay from a server request. Correctly implementing pagination can be difficult. There are many different usability questions such as should "previous" and "next" links be included, how many links to pages should be displayed, and should there be

1856-668: The Statutes at Large for the year of enactment. Regulations promulgated by executive agencies through the rulemaking process set out in the Administrative Procedure Act are published chronologically in the Federal Register and then codified in the Code of Federal Regulations (CFR). Similarly, state statutes and regulations are often codified into state-specific codes. Pagination Pagination , also known as paging ,

1920-533: The Chinese Exclusion Act , which is no longer in effect. There are conflicting opinions on the number of federal crimes, but many have argued that there has been explosive growth and it has become overwhelming. In 1982, the U.S. Department of Justice could not come up with a number, but estimated 3,000 crimes in the United States Code. In 1998, the American Bar Association said that it

1984-713: The President for his signature or disapproval . Upon enactment of a law, the original bill is delivered to the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA). After authorization from the OFR, copies are distributed as " slip laws " (as unbound, individually paginated pamphlets ) by the Government Publishing Office (GPO). The OFR assembles annual volumes of

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2048-568: The United States Code (published as Statutes at Large Volume 44, Part 1) includes cross-reference tables between the USC and two of these unofficial codes, United States Compiled Statutes Annotated by West Publishing Co. and Federal Statutes Annotated by Edward Thompson Co. During the 1920s, some members of Congress revived the codification project, resulting in the approval of the United States Code by Congress in 1926. The official version of

2112-619: The Code from a private company. The two leading annotated versions are the United States Code Annotated , abbreviated as USCA, and the United States Code Service , abbreviated as USCS. The USCA is published by West (part of Thomson Reuters ), and USCS is published by LexisNexis (part of Reed Elsevier ), which purchased the publication from the Lawyers Co-operative Publishing Co. in 1997 as

2176-461: The Code is published by the LRC ( Office of the Law Revision Counsel ) as a series of paper volumes. The first edition of the Code was contained in a single bound volume; today, it spans several large volumes. Normally, a new edition of the Code is issued every six years, with annual cumulative supplements identifying the changes made by Congress since the last "main edition" was published. The official code

2240-574: The Code, "From 1897 to 1907 a commission was engaged in an effort to codify the great mass of accumulating legislation. The work of the commission involved an expenditure of over $ 300,000, but was never carried to completion." Only the Criminal Code of 1909 and the Judicial Code of 1911 were enacted. In the absence of a comprehensive official code, private publishers once again collected the more recent statutes into unofficial codes. The first edition of

2304-555: The Code, as well as updated secondary materials such as new court decisions on the subject. When an attorney is viewing an annotated code on an online service, such as Westlaw or LexisNexis, all the citations in the annotations are hyperlinked to the referenced court opinions and other documents. The Code is divided into 53 titles (listed below), which deal with broad, logically organized areas of legislation. Titles may optionally be divided into subtitles, parts, subparts, chapters, and subchapters. All titles have sections (represented by

2368-521: The Code. For example, when Americans refer to Title VII, they are usually referring to the seventh title of the Civil Rights Act of 1964 . That Act is actually codified in Title 42 of the United States Code , not Title 7 . The intermediate subdivisions between title and section are helpful for reading the Code (since Congress uses them to group together related sections), but they are not needed to cite

2432-460: The Notes accompanying the "lead section" associated with the popular name, and in cross-reference tables that identify Code sections corresponding to particular Acts of Congress. Usually, the individual sections of a statute are incorporated into the Code exactly as enacted; however, sometimes editorial changes are made by the LRC (for instance, the phrase "the date of enactment of this Act" is replaced by

2496-459: The Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. In contrast, if Congress enacts a particular title (or other component) of the Code into positive law, the enactment repeals all of the previous Acts of Congress from which that title of the Code derives; in their place, Congress gives

2560-605: The Supreme Court ruled that § 92 was still valid law. A positive law title is a title that is itself a federal statute, that is to say that it is one that has been enacted and codified into law by the United States Congress . The title itself has been enacted. By contrast, a non-positive law title is a title that has not been codified into federal law, and is instead merely an editorial compilation of individually enacted federal statutes. By law, those titles of

2624-475: The United States Code that have not been enacted into positive law are " prima facie evidence" of the law in effect. The United States Statutes at Large remains the ultimate authority. If a dispute arises as to the accuracy or completeness of the codification of an unenacted title, the courts will turn to the language in the United States Statutes at Large. In case of a conflict between the text of

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2688-517: The United States Statutes at Large should be codified, and which existing statutes are affected by amendments or repeals, or have simply expired by their own terms. The LRC updates the Code accordingly. Because of this codification approach, a single named statute (like the Taft–Hartley Act or the Embargo Act ) may or may not appear in a single place in the Code. Often, complex legislation bundles

2752-658: The XML was designed to be consistent with the Akoma Ntoso project (from the United Nations Department of Economic and Social Affairs ) XML schema, and the OASIS LegalDocML technical committee standard will be based upon Akoma Ntoso. A number of other online versions are freely available, such as Cornell 's Legal Information Institute . Practicing lawyers who can afford them almost always use an annotated version of

2816-500: The actual date). Though authorized by statute, these changes do not constitute positive law . The authority for the material in the United States Code comes from its enactment through the legislative process and not from its presentation in the Code. For example, the United States Code omitted 12 U.S.C.   § 92 for decades, apparently because it was thought to have been repealed. In its 1993 ruling in U.S. National Bank of Oregon v. Independent Insurance Agents of America ,

2880-464: The actual text of the United States Statutes at Large ; the series is now published by the Michie Company after Bancroft-Whitney parent Thomson Corporation divested the title as a condition of acquiring West . Only "general and permanent" laws are codified in the United States Code; the Code does not usually include provisions that apply only to a limited number of people (a private law ) or for

2944-401: The case of HTML pages . When end-user interactivity is part of the user experience design of an electronic page, it is better known as a graphical user interface (GUI). The number and size of electronic pages in a document are limited by the amount of computer data storage , not by the display devices or amount of paper. Most electronic pages are for either display (screen output) on

3008-504: The case of presentation software, electronic pages are known as slides . Electronic pages displayed on a web browser are often called web pages , regardless of whether they are accessed online via a web server on the World Wide Web , or stored locally offline . More accurately, such documents are named by the markup language that makes them displayable via a web browser, e.g. " HTML page". With dynamic web pages , pagination

3072-546: The content of each page is included in the HTML source code pre-loaded within the page, while server-side pagination requests each page individually upon navigation. Server-side pagination is more common. Client-side pagination can be used when there are very few records to be accessed, in which case all records can be returned, and the client can use JavaScript or CSS to view the separate pages. By using AJAX , hybrid server/client-side pagination can be used, in which JavaScript

3136-546: The enacted laws and publishes them as the United States Statutes at Large . By law, the text of the Statutes at Large is "legal evidence" of the laws enacted by Congress. Slip laws are also competent evidence. The Statutes at Large , however, is not a convenient tool for legal research. It is arranged strictly in chronological order; statutes addressing related topics may be scattered across many volumes, and are not consolidated with later amendments. Statutes often repeal or amend earlier laws, and extensive cross-referencing

3200-417: The extent that many of the people involved do not understand the topic enough to help build compliance. But the need to manually paginate has diminished as the technology for dynamic display and automatic pagination advances. Also, there is less need to make a hierarchical distinction between pagination in print and pagination in electronic display, because the same underlying content will most likely be used for

3264-421: The human user, via soft hyphens (that is, inserting a hyphen which will only be used if the word is split over two lines, and thus not shown if not), manual line breaks (which force a new line within the same paragraph), hard returns (which force both a new line and a new paragraph), and manual page breaks . Today printed pages are usually produced by outputting an electronic file to a printing device, such as

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3328-652: The idea of print as the intended final output medium, although nowadays it is understood that plenty of the content produced through these pathways will be viewed onscreen as electronic pages by most users rather than being printed on paper. All of these software tools are capable of flowing the content through algorithms to decide the pagination. For example, they all include automated word wrapping (to obviate hard-coded newline delimiters), machine-readable paragraphing (to make paragraph-ending decisions), and automated pagination (to make page-breaking decisions). All of those automated capabilities can be manually overridden by

3392-469: The laws in effect as of December 1, 1873. Congress re-enacted a corrected version in 1878. The 1874 version of the Revised Statutes were enacted as positive law, but the 1878 version was not and subsequent enactments of Congress were not incorporated into the official code, so that over time researchers once again had to delve through many volumes of the Statutes at Large . According to the preface to

3456-463: The order of subdivision runs: Title – Subtitle – Chapter – Subchapter – Part – Subpart – Section – Subsection – Paragraph – Subparagraph – Clause – Subclause – Item – Subitem. The "Section" division is the core organizational component of the Code, and the "Title" division is always the largest division of the Code. Which intermediate levels between Title and Section appear, if any, varies from Title to Title. For example, in Title 38 (Veteran's Benefits),

3520-432: The order runs Title – Part – Chapter – Subchapter – Section. The word "title" in this context is roughly akin to a printed "volume", although many of the larger titles span multiple volumes. Similarly, no particular size or length is associated with other subdivisions; a section might run several pages in print, or just a sentence or two. Some subdivisions within particular titles acquire meaning of their own; for example, it

3584-479: The parties notice of its intent to impose a lower sentence and to state in writing the factors requiring such a sentence." US code The United States Code (formally the Code of Laws of the United States of America ) is the official codification of the general and permanent federal statutes of the United States . It contains 53 titles, which are organized into numbered sections. The U.S. Code

3648-416: The same page: for example one may try to avoid widows and orphans . Some systems are more sophisticated than others in this respect. Before the rise of information technology (IT), pagination was a manual process: all pagination was decided by a human. Today, most pagination is performed by machines, although humans often override particular decisions (e.g. by inserting a hard page break ). "Electronic page"

3712-675: The soaring cost to the American taxpayers. A quorum was not present at the meeting and the Chairman had to postpone discussion and possible vote on the Justice Safety Valve Act. The bills were held over by the Senate Judiciary Committee through the end of 2013 and January 2014. The bills were worked on to merge the language of the Smarter Sentencing Act (H.R. 3382/S. 1410) and the Justice Safety Valve Act (H.R. 1695/S. 619) along with

3776-551: The task. The Code generally contains only those Acts of Congress, or statutes, designated as public laws. The Code itself does not include Executive Orders or other executive-branch documents related to the statutes, or rules promulgated by the courts. However, such related material is sometimes contained in notes to relevant statutory sections or in appendices. The Code does not include statutes designated at enactment as private laws, nor statutes that are considered temporary in nature, such as appropriations. These laws are included in

3840-424: The title of the Code itself the force of law. This process makes that title of the United States Code "legal evidence" of the law in force. Where a title has been enacted into positive law, a court may neither permit nor require proof of the underlying original Acts of Congress. The distinction between enacted and unenacted titles is largely academic because the Code is nearly always accurate. The United States Code

3904-526: The year of last enactment. The Office of Law Revision Counsel (LRC) has produced draft text for three additional titles of federal law. The subject matter of these proposed titles exists today in one or several existing titles. The LRC announced an "editorial reclassification" of the federal laws governing voting and elections that went into effect on September 1, 2014. This reclassification involved moving various laws previously classified in Titles 2 and 42 into

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3968-521: Was last printed in 2018. Both the LRC and the GPO offer electronic versions of the Code to the public. The LRC electronic version used to be as much as 18 months behind current legislation, but as of 2014 it is one of the most current versions available online. The United States Code is available from the LRC at uscode.house.gov in both HTML and XML bulk formats. The "United States Legislative Markup" (USLM) schema of

4032-614: Was likely much higher than 3,000, but did not give a specific estimate. In 2008, the Heritage Foundation published a report that put the number at a minimum of 4,450. When staff for a task force of the U.S. House Judiciary Committee asked the Congressional Research Service (CRS) to update its 2008 calculation of criminal offenses in the USC in 2013, the CRS responded that they lack the manpower and resources to accomplish

4096-522: Was written by the Congressional Research Service, a nonpartisan division of the Library of Congress. It reads, "Justice Safety Valve Act of 2013 - Amends the federal criminal code to authorize a federal court to impose a sentence below a statutory minimum if necessary to avoid violating federal provisions prescribing factors courts must consider in imposing a sentence. Requires the court to give

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