United States · United States Congress · 26 February 1976
Amends the Internal Revenue Code to allow taxpayers of any age to exclude from gross income gain from the sale or exchange of property if during the eight year period preceding the sale or exchange, such property has been owned and used as the taxpayer's principal residence for periods aggregating five years or more. Allows a surviving spouse to tack on the holding and use periods of the decedent spouse without regard to whether such decedent spouse had made an election to exclude gain from a prior sale or exchange.
United States · United States Congress · 25 February 1976
Provides, under the Legislative Reorganization Act, that pay adjustments for Members of Congress may take effect no earlier than the beginning of the Congress next following the Congress in which they are approved.
United States · United States Congress · 19 February 1976
Repeals the Presidential Primary Matching Payment Account Act. Prohibits the Secretary of the Treasury from transferring any amounts of money to any candidate seeking nomination for election to the office of President after the enactment of this Act.
United States · United States Congress · 19 February 1976
Independent Federal Aviation Agency Act - Sets forth the findings of Congress that the proper conduct of the responsibilities associated with civil aviation development and safety requires unencumbered action by an independent Federal aviation agency. Establishes the Federal Aviation Agency as an independent agency of the United States. Provides for the appointment of an Administrator and a Deputy Administrator by the President, by and with the advice and consent of the Senate. Sets forth the powers of such officers. Transfers to the Administration all functions, powers, and duties of the Secretary of Transportation and other officers of the Department of Transportation which are exercised by the Administrator of the Federal Aviation Administration, under the Federal Aviation Act, the Airport and Airway Development Act, and other specified laws. States that all orders, determinations and rulings which have been issued or allowed to become effective shall continue in effect. Provides that no suit or other proceeding shall be abated by reason of the enactment of this Act.
United States · United States Congress · 18 February 1976
Extends to 120 days the period before any general election involving a Member of or Member-elect to Congress within which such Member or Member-elect is prohibited from sending mass mailings as franked mail.
United States · United States Congress · 10 February 1976
Amends the Internal Revenue Code to allow a limited tax credit in an amount of $250 for each individual who is at least 61 years of age before the beginning of the taxable year, whose principal place of abode during the taxable year is the principal residence of the taxpayer, and who is not a lodger with the taxpayer.
United States · United States Congress · 10 February 1976
Designates the week commencing with the third Monday in February of each year as "National Patriotism Week." Authorizes and requests the President to issue a proclamation calling upon the people of the United States to commemorate such week with appropriate observances and encouraging schools to adopt an appropriate curriculum for that week including such elements as the study of the Pledge of Allegiance and the National Anthem.
United States · United States Congress · 9 February 1976
Amends the Federal Election Campaign Act of 1971 to provide that members of the Federal Election Commission shall be appointed by the President, by and with the advice and consent of the Senate.
United States · United States Congress · 3 February 1976
Amends the Emergency School Aid Act to permit giving aid under such Act to a local agency whose staff at each school is not racially or ethnically balanced upon adequate assurance that an affirmative action plan has been adopted which will eliminate such imbalance within a reasonable time.
United States · United States Congress · 29 January 1976
Amends the Social Security Act to maintain the inpatient hospital deductible under the medicare program at the level which was applicable during calendar year 1975.
United States · United States Congress · 29 January 1976
Requires, where a defendent is found guilty of or pleads guilty to an explosive related offense for which one of the possible sentences is death, that the judge who presided at the trial or before whom the guilty plea was entered conduct a separate hearing to determine the existence of mitigating and aggravating factors. Dismisses such requirement where the Government stipulates that none of the aggravating factors exists or that one or more of the mitigating factors exists. Requires that the hearing be conducted before a jury or, if the defendent so moves, before the court alone, if the court and the Government approve. Requires the court to 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 national security. Removes from consideration any such presentence information withheld from the defendant. Sets forth trial procedures and directs the jury, or the court to return a special verdict setting forth its findings as to the existence or nonexistence of each aggravating and mitigating factor. Permits the imposition of the death penalty only where the jury or, where there is no jury, the court finds by a preponderance of the information that one or more of the aggravating factors exists and that none of the mitigating factors exists. Enumerates the mitigating and aggravating factors. (Amends 18 U.S.C. 844)
United States · United States Congress · 22 January 1976
Imposes a fine of not more than $10,000 and/or imprisonment of not more than ten years for disclosure of (1) the association of any individual or entity with the foreign intelligence operation of the United States, or (2) the identity of such individual where such disclosure may prejudice the safety of such individual.
United States · United States Congress · 18 December 1975
States that it is the policy of the United States to rely upon private commercial sources for goods and services required to meet Government needs, unless: (1) such reliance would demonstrably disrupt or significantly delay an urgent agency program; or (2) in-house performance is mandatory for national security; or (3) the product or service is not and cannot be made available from the private sector and is available from a Federal source.
United States · United States Congress · 17 December 1975
Truth in Government Accounting Act - Requires that the United States Government prepare and make public annual consolidated financial statements utilizing the accrual method of accounting.
United States · United States Congress · 15 December 1975
National Commission on Regulatory Reform Act - Establishes the National Commission on Regulatory Reform. Directs the Commission to make a full and complete study of such regulatory activities of the independent regulatory agencies of the Federal Government as the Commission determines to be primarily economic in nature and to have a significant effect on the segments of the economy involving transportation, communication, the development and distribution of energy resources, or financial institutions. States that such study shall be undertaken to determine: (1) whether such regulatory activities have limited competition within such segments of the economy, and if they have, what the economic consequences have been, (2) whether such regulatory activities have, in other way, contributed to current economic difficulties, in particular inflation; and (3) whether changes need to be made with regard to such independent Federal establishments and their regulatory activites. Requires that such study shall include, with regard to each independent Federal establishment whose regulatory activities are included in such study: (1) an analysis of the purposes for which it was created, its structure and jurisdiction, the statutory framework governing its operation and activities, and the procedures and policies it has adopted; (2) an assessment of its effectiveness in carrying out its purposes; (3) an analysis of the costs and benefits of its various programs and policies, with particular reference to any adverse economic impact; and (4) an examination of the relationship between its regulatory activities and those of State and local regulatory agencies. Sets forth the membership, powers, and authority of the Commission. Directs the Commission to submit to the President and Congress within one year a report containing: (1) a statement of the status of the study being conducted pursuant to this Act; (2) a detailed statement of any findings made or conclusions reached by the Commission; and (3) any recommendations for legislation or administrative action, or both, deemed appropriate by the Commission.
United States · United States Congress · 11 December 1975
Excludes industrially funded personnel in computing the total number of civilian personnel authorized by law for the Department of Defense in any fiscal year.
United States · United States Congress · 10 December 1975
Occupational Safety and Health Reform Act - Makes it the purpose of this Act to improve the administration of the Occupational Safety and Health Act and to provide for regulatory procedures related to such administration. States that the Secretary of Health, Education, and Welfare shall not propose any rule promulgating a new occupational health or safety standard before he: (1) has, as part of each such proposal, reviewed and published in the Federal Register the financial impact of such proposed standard; and (2) has determined with due regard for that impact that the benefit to be derived from such standard justifies such proposal. Provides that no standard adopted or promulgated shall require any employer to phase out, change, or replace existing equipment or facilities before the normal useful life of that equipment or facility has expired unless failure to so phase out, change, or replace that equipment or facility prematurely would result in a serious violation. Directs the Secretary to prescribe, as soon as practicable after the date of enactment of this Act, as part of each existing standard adopted under the Occupational Safety and Health Act: (1) the estimated average and maximum cost per unit to the average employer who is subject to that standard for compliance with the conditions, practices, means, methods, operation, or process used or proposed to be used by that employer under that standard; and (2) the period within which it is, in fact, possible for such employers to meet such standard including, but not limited to, availability of required devices, and possibility of performance of required procedures. Sets forth requirements with respect to notifying an employer of violations of the requirements prescribed pursuant to this Act. States that any employer who has been found to be not in compliance with any rule or standard adopted or promulgated under this Act shall not receive a notice for such violation if he is able to show: (1) that implementing such rule or standard would not materially affect the safety or health of his employees in the facility inspected; (2) that he has employed alternative procedures to protect his employees from the hazards contemplated by the rule or standard which are as effective in protecting the safety and health of his employees; or (3) that he has furnished adequate notice and exerted all reasonable efforts, pursuant to such regulations as the Secretary may prescribe, to obtain the compliance of his employee, that such violation was attributable to such employees, and that he could not otherwise have reasonably prevented such violation. Sets forth procedures for enforcement of these regulations. Authorizes the Secretary to enter into compliance agreements with an employer believed to be in violation of an occupational safety and health standard promulgated pursuant to such Act under which enforcement and penalty provisions are waived or deferred upon condition that the employer will voluntarily comply with the applicable standard upon such terms and conditions as the Secretary determines appropriate under the circumstances. States that failure of an employer to abide by such an agreement may be taken into account in resulting enforcement and penalty procedures. Directs the Secretary to provide technical advice, assistance, and consultation to employers with less than 100 employees whenever it is necessary to assist them in complying with applicable standards.
United States · United States Congress · 8 December 1975
Regulatory Reform Act - Provides that before any rule promulgated by any Federal agency can become effective, it must be submitted to the Congress for approval. Requires that an economic impact statement accompany such submission. Authorizes agencies to make rules which impose a penalty upon an employer of an employee who violates any rule or regulation in effect against such employer. States that no agency may require an applicant or a party to an agency proceeding to provide such agency with information or documents which have been previously furnished to such agency or which are not directly relevant to such application or proceeding. Entitles the applicant for any license to reimbursement by such agency for the complete costs of such party's application if such agency has not made a final determination in the licensing proceeding within six months of the date of announcement of the intention of any such proceeding.
United States · United States Congress · 3 December 1975
Establishes, under the Congressional Budget Act, a zero-base budgeting process. States that such process shall consist of requiring each Congressional committee responsible for reporting legislation authorizing appropriations for any Federal program to conduct a comprehensive review and study of such program at least once every six years as though it were being proposed to be enacted for the first time. Provides that such comprehensive reviews shall include consideration of (1) alternative funding levels, (2) probable costs and benefits, (3) whether the original program objectives are still relevant, (4) the impact of the program on the functions and freedom of the private sector of the economy, and (5) the feasibility of alternative programs. Authorizes the Committees on the Budget of the House of Representatives and the Senate to establish guidelines and standards for the conduct by the various committees of the House and Senate of their zero-based budgeting functions. Makes technical and conforming amendments to the Congressional Budgeting Act.
United States · United States Congress · 2 December 1975
Guarantees to every resident of any long-term care facility receiving Federal assistance, or providing care to federally assisted patients, a fair administrative hearing prior to his or her removal from such facility. Directs the Secretary of Health, Education, and Welfare to prescribe regulations as may be necessary or appropriate to carry out the purposes of this Act.
United States · United States Congress · 2 December 1975
Authorizes and requests the President to issue a proclamation designating the seven calendar days commencing on April 30 of each year as "National Beta Sigma Phi Week."
United States · United States Congress · 1 December 1975
Jobs Creation Act - Allows an exclusion from gross income of qualified additional savings and investment made during a tax year. Provides for an exclusion of up to $1,000 or $2,000 for a married couple filing a joint return. Excludes dividends paid by domestic corporations from corprate gross income. Grants a $1,000 exclusion from capital gains for each capital transaction qualifying. Allows an extension of time for payment of estate taxes where the estate consists largely of small business interests. Increases the estate tax exemption for family farming operations to $200,000. Increases the corporate surtax exemption, including provisions for reduced taxes for small business, to give an effective corporate income tax reduction in the range of 6 percent. Increases the investment tax credit to 15 percent and makes it permanent. Allows taxable year price-level adjustments in property and allows increases in class life variances for purposes of depreciation, the latter increasing the asset depreciation range (ADR) from a factor of 20 to a factor of 40 with respect to asset life. Provides for a complete amortization in one year of required but nonproduction pollution control facilities and equipment.
United States · United States Congress · 20 November 1975
Provides for the suspension of United States participation in the activities of the United Nations General Assembly until the Congress, by concurrent resolution, approves renewal of such participation. Directs the President to reduce United States payments in support of the United Nations by the amount he determines would be used to support the General Assembly.
United States · United States Congress · 20 November 1975
Authorizes suits against the United States Government by private parties where the basis of such a suit is misrepresentation, deceit, or the exercise or performance of failure to exercise or perform a discretionary function or duty on the part of the Consumer Product Safety Commission or of any employee of such Commission, if such exercise, performance or failure is determined, as a matter of law, to be unreasonable with respect to the discretionary function or duty involved. (Amends 28 U.S.C. 2680 (a))
United States · United States Congress · 20 November 1975
Directs the House Committee on Appropriations and the Committee on International Relations to begin immediate studies of the relationship of the United States with the United Nations and to report, within three months, to the Speaker of the House of Representatives recommendations with respect to whether the manner and nature of such relationship should be changed.
United States · United States Congress · 20 November 1975
Expresses the sense of the House of Representatives that the President should, upon visiting the People's Republic of China, request that the Chinese officials use their good offices to obtain an accounting of members of the United States Armed Forces missing in action and confined as prisoners of war in Southeast Asia and of all American civilian personnel who are listed as missing in Southeast Asia. Requests that upon his return to the United States, the President should report back to the Congress on the results of his request.
United States · United States Congress · 14 November 1975
Designates 1976 as "National Bicentennial Highway Safety Year." Provides that each month of 1976 shall focus on a specific area of activity which offers the prospect of achieving substantial reductions in accidents on the Nation's highways.
United States · United States Congress · 13 November 1975
Taxpayer Audit Disclosure Act - Requires the establishment of formal procedures and criteria for the selection of individual income tax returns for audit. Directs the Secretary of the Treasury or his delegate to provide any individual selected for auditing with a written notice which clearly specifies the reasons for and manner in which the return of such individual was selected for audit. Provides that the Secretary or his delegate shall furnish to such individual a written explanation which describes the audit procedure, the rights which a taxpayer may exercise during such procedure, the right of the taxpayer to make an administrative or judicial appeal from an adverse decision at the end of such procedure, and the right of the taxpayer to claim a refund. Requires the Secretary of the Treasury or his delegate to submit to the Joint Committee on Internal Revenue Taxation before September 30 of each year a report setting forth: (1) the number of individuals whose returns were selected for audit during the previous 12-month period; (2) a classification of individuals whose returns were audited during the previous 12-month period by, among other factors, income levels, geographic distribution, and profession; (3) the number of individuals audited during the previous 12-month period who were found to have made underpayments or overpayments of tax, together with summary statistics reflecting the percentage of such number, by income category, who made underpayments or overpayments of certain ranges of amounts (to be determined by the Secretary or his delegate); and (4) such other information as may be requested by the joint committee in accordance with the purposes of this Act.
United States · United States Congress · 13 November 1975
Revises the Domestic Volunteer Service Act to provide that developmentally disabled children receiving services under the foster grandparent program may continue to receive such services regardless of the age of such individual, if the continuation of such aid mutually benefits such individual and the volunteer. Provides that Federal funds may be expended for such program only if the child is being fully served in accordance with the Act.
United States · United States Congress · 12 November 1975
Guarantees to every resident of any long-term care facility receiving Federal assistance, or providing care to federally assisted patients, a fair administrative hearing prior to his or her removal from such facility. Directs the Secretary of Health, Education, and Welfare to prescribe regulations as may be necessary or appropriate to carry out the purposes of this Act.
United States · United States Congress · 12 November 1975
Student Aid Abuse Act - Provides that any person who receives funds under the provisions of this Act for the making of grants or loans as provided in this Act shall be deemed a custodian of public funds and shall not disburse or otherwise use any of such funds for any purpose other than as expressly authorized by the provisions of this Act. Provides criminal penalties for: (1) payment to any student of any amount as a loan or grant under this Act except by check to the student or to an institution of higher education, or both, and no such check shall be negotiated unless personally endorsed by such student; (2) deceiving or defrauding any student attending or intending to attend an institution of higher education with regard to: (A) benefits which may be available under any Federal student aid or loan or loan guarantee program; or (B) tuition and fees for which Federal student aid or loans or loan guarantees are available or rights to refunds of such tuitions and fees; (3) knowingly and willfully making or causing to be made any false statement or representation of a material fact in any application for any guaranteed student assistance loan, or in any application requesting interest or special allowance payment by a lender for any guaranteed student assistance loan. Provides that any student enrolled in the programs of any educational organization or institution operated for profit who receives a Federal student assistance grant or loan, and who withdraws from such programs, shall be entitled to a pro rata refund of tuition and fees, and any such refund shall first be applied to reduction of such student's obligations under Federal student loan programs.
United States · United States Congress · 12 November 1975
Provides that buildings constructed for use by the United States Postal Service shall be designed and constructed in a manner making them accessible to the physically handicapped.
United States · United States Congress · 7 November 1975
Empowers the Small Business Administration, under the provisions of the Small Business Act, to make loans to enable small business concerns to finance residential housing construction or rehabilitation for sale or rental. Requires the Administration to determine the reasonableness of repayment of its loans on a case-by-case basis. Stipulates that the Administration may engage in activities which involve borrowers who may, from time to time, take advantage of other Federal programs in carrying out their business, notwithstanding the restriction which prohibits the Administration from duplicating the work or activities of any other department or agency of the Federal Government.
United States · United States Congress · 6 November 1975
Authorizes the Secretary of the Interior, in consultation with the heads of other departments affected by this Act, to issue and revise regulations from time to time, relating to the trapping and capturing of animals and birds. Imposes a fine of $500 and/or imprisonment of up to one year for violations of this Act. Establishes an advisory commission of 7 members to consult with the Secretary and make recommendations with respect to regulations concerning trapping and capturing of animals and birds. Imposes a fine of $5,000 and/or imprisonment or of one year, for the sale, shipment, or transport, of any unapproved trap or any animal skin or hide or bird feathers taken in violation of this Act. Outlines those trapping regulations specifically applicable to Federal lands. Authorizes the Secretary to enter into cooperative agreements with any affected State pursuant to which the Secretary shall assist such State to enable it to comply with the provisions of this Act. Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 5 November 1975
Requires, under the Congressional Budget Act, that the first congressional budget resolution each year fix ceilings on budget outlays and new budget authority which must be met for the coming fiscal year (instead of only setting forth flexible targets as under present law) and include three-year budget projections. Prohibits the consideration of any measure in the House or Senate if its enactment would result in total budget outlays or total budget authority in excess of the ceiling in effect under the most recently adopted congressional budget resolution.
United States · United States Congress · 28 October 1975
Real Estate Settlement Procedures Act Amendments. Repeals, under the Real Estate Settlement Procedures Act, the requirements for advance disclosure of specific settlement costs and the disclusure of the house's previous selling price. Alters, under such Act, the definition of "federally related mortgage loan" to exclude construction loans and second trusts. Excludes any agency or instrumentality of a State from the definition of "creditor. Provides the Secretary of the Department of Housing and Urban Development with authority to modify the uniform settlement statement required under the Real Estate Settlement Procedures Act to adopt such statment to area differences in local laws and customs. Modifies the information booklet designed by HUD to include general estimates of the settlement costs likely to be borne by the borrower. Requires lenders to give out the booklet and estimates only upon a written application for a mortgage loan.
United States · United States Congress · 28 October 1975
National Food Stamp Reform Act - Defines "household" under the Food Stamp Act as meaning a group of individuals who are sharing common living quarters, but who are not residents of an institution or boarding house, and who have access to cooking facilities and for whom food is customarily purchased in common. Provides that the Secretary of Agriculture may not approve any plan which permits any household to simultaneously participate in both the food stamp program and the distribution of federally donated foods. Requires the Secretary to establish uniform national standards of eligibility for participation by households in the food stamp program. States that the income standards of eligibility shall be the income poverty guidelines prescribed by the Office of Management and Budget adjusted pursuant to the Economic Opportunity Act. Directs the Secretary to prescribe additional standards of eligibility which shall include, but not be limited to, the amounts of liquid and nonliquid assets. Provides that household income for purposes of the food stamp program shall be the gross income of the household less: (1) a standard deduction of $100 a month applicable to all households; (2) an additional deduction of $25 a month for any household in which there at least one member who is age sixty-five or older. Limits eligibility to participate in the food stamp program to citizens and aliens lawfully admitted for permanent residency. States that no individual shall be considered eligible for the food stamp program as a member of a household if he is: (1) over 18; (2) is enrolled at an institution of higher education; and (3) is a dependent child for income tax purposes of a taxpayer who is not a member of an eligible household. Prohibits households which transfer liquid or nonliquid assets for the purpose of qualifying for the food stamp program from becoming eligible for at least a ninety-day period. Requires the Secretary to issue photo identification cards to households certified eligible to participate in the program. States that households shall be charged thirty percent of their income for the coupon allotment issued to them. Provides that if a State agency does not comply with the provisions of the Food Stamp Act, the Secretary may refer the matter to the Attorney General with a request for an injunction, or he may direct that there be no further inssuance of coupons in the political subdivisions where such failure has occurred until such time as satisfactory corrective action has been taken. Directs the Secretary to pay to each State agency out of funds appropriated by Congress an amount equal to 75 percent of all direct costs of State food stamp program investigations, prosecutions, and State activities related to recovering losses sustained in the food stamp program. Provides for a civil money penalty of up to $10,000 for each violation of the Food Stamp Act.
United States · United States Congress · 23 October 1975
Provides that in civil actions where the United States is a plaintiff, a prevailing defendant may recover a reasonable attorney's fee and other reasonable litigation costs, whether or not other costs are awarded or awardable against the United States.
United States · United States Congress · 23 October 1975
Condemns the resolution adopted by the Third Committee of the United Nations General Assembly which equates Zionism with racism, and urges the U.N. General Assembly to disapprove such resolution.
United States · United States Congress · 22 October 1975
Imposes the death sentence for the murder or manslaughter of a President, or for a kidnapping of a President resulting in his death. Provides that attempted murder or kidnapping of a President shall be punishable by life imprisonment.
United States · United States Congress · 20 October 1975
Expresses the sense of the House of Representatives that any medical assistance legislation include optometric services. Urges the States to supply such services.
United States · United States Congress · 29 September 1975
Establishes in the House of Representatives a Select Committee on Energy. Authorizes the committee to conduct a study with respect to all aspects of the exploration, research and development, production, importation, distribution, and use of all energy-related natural resources, including national priorities and policies with regard to energy.
![Official portrait of Rep. Burgener, Clair W. [R-CA-43]](https://www.congress.gov/img/member/b001080_200.jpg)