United States · United States Congress · 23 September 1977
Amends the National Trails System Act by requiring the Secretary of the Interior to study the feasibility of designating the Overmountain Men Victory Trail in the States of Tennessee, North Carolina, and South Carolina, as a national scenic trail.
United States · United States Congress · 16 September 1977
Establishes procedures for taking the decennial census. Establishes a decennial census period beginning two years prior to the decennial census date and ending three years after such date. Authorizes the Secretary of Commerce during this period to conduct a trial census which shall be the final test of all the procedures to be used in taking the decennial census. Requires the Secretary to submit a report regarding such trial census to specified committees in Congress prior to conducting such a census. Stipulates that no changes may be made in the content or procedures to be used in taking a decennial census after four months following the date of a trial census. Stipulates that the decennial census shall consist only of: (1) an enumeration of the population; (2) sample surveys of the characteristics of the population and housing of the United States; and (3) supplemental surveys necessary to meet the needs of the Federal, State, or local government for economic and social data. Sets forth restrictions regarding the collection of such data. Allows employees conducting the enumeration of population access to the records of the Federal Government and of State or local governments which are necessary to insure that all individuals and households are counted. Stipulates that such employees may obtain only names and addresses from such records and that such information may only be used for purposes of the enumeration. Authorizes the Secretary to conduct special surveys in a State for the purpose of clarifying the findings of decennial supplemental surveys. Directs the Secretary to prepare a plan specifying procedures to be used for correcting errors in census counts and to submit such plan to specified committees in Congress. Directs the Secretary, beginning in 1985, to conduct a mid-decade census of population. Requires the use of the most recent data, either from the decennial or mid-decade census, in determining eligibility for benefits under Federal programs in which census data is a factor. Requires the Secretary to submit specified reports to Congress prior to the taking of a decennial or mid-decade census. Directs the Secretary to insure that the language and categories of questions used on census forms take into account the needs and preferences of the public and to establish a program to provide information to the public regarding the need for, and operation of, the decennial census. Authorizes the Secretary to establish a program for the training and selection of supervisory employees engaged in decennial census activities. Directs the Secretary to prepare a plan for conducting censuses other than the decennial or mid- decade census and to submit such plan to Congress at least 60 days before the census is begun. Authorizes the Secretary to issue "determination estimates," defined as estimates derived from any data which (1) is not produced as an activity of the decennial census period and (2) is produced to enable the executive branch of the Federal Government to determine the amount of benefit received under a Federal law by a State or local government. Sets forth procedures by which a State or local government may challenge such an estimate. Directs the Secretary to establish a Division of Evaluation within the Bureau of the Census to evaluate censuses and to submit the results of such evaluation to the Secretary and the Director of the Census. Directs the General Accounting Office to review evaluations made by the Division every three years. Directs the Secretary in 1979, in 1983, and in every fifth year thereafter, to conduct a census of agriculture. Directs the Secretary to conduct a census of irrigation and drainage in 1979, 1983, and every tenth year after 1983.
United States · United States Congress · 15 September 1977
Expresses the sense of the Congress that any right to, title to, or interest in the property of the United States Government agencies in the Panama Canal Zone or any real property and improvements thereon located in the zone should not be conveyed, relinquished, or otherwise disposed of to any foreign government without specific authorization of such conveyance, relinquishment, or other disposition by any Act of Congress.
United States · United States Congress · 12 September 1977
Judicial Reform Act - Establishes in the judicial branch a Commission on Judicial Disabilities and Tenure to determine, upon formal or informal request, whether a judge or justice is disabled or has failed to serve with good behavior. Sets forth procedures for such determinations. Permits review of the Commission's determination by the Supreme Court by appeal.
United States · United States Congress · 7 September 1977
Amends the Internal Revenue Code to provide that income received from nonmember telephone companies shall not be used in determining whether mutual and cooperative telephone companies qualify as tax exempt organizations.
United States · United States Congress · 4 August 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 · 1 August 1977
Amends Title XVIII (Medicare) of the Social Security Act to include within the medical and other health services covered by such Title the transportation of patients confined to a stretcher or wheelchair in a vehicle which is not equipped as an ambulance but which is adequately equipped to transport such patients.
United States · United States Congress · 11 July 1977
Title I: Enactment of Title 11 of the United States Code - Chapter I: General Provisions - Makes general provisions for a uniform system of bankruptcy administration including: (1) definitions to be used in this Act; (2) rules of construction; (3) powers of the court; (4) waiver of sovereign immunity; (5) public access to papers; and (6) descriptions of debtors who may proceed under the liquidation, reorganization and debt adjustment provisions of this Act. Chapter 3: Case Administration - States that voluntary and joint cases in bankruptcy shall commence with the filing of a petition by an individual or entity entitled under the appropriate chapter of this Act. Limits the filing of involuntary case petitions against persons in liquidation and reorganization cases to situations in which the claims of three or more holders of non-contingent claims against the debtor, aggregate at least $5,000 more than the value of any security interest held by such holders in any property of such debtor. Makes provisions for the late joining of creditors to the petition. Empowers the court under specified circumstances to enjoin the commencement or continuation of any action against the estate or the enforcement of any judgment against the estate; or to order other appropriate relief where an ancillary foreign proceeding has commenced or is likely to be commenced. States the qualification and eligibility requirements for trustees in bankruptcy. Requires any attorney who represents a debtor in a proceeding under this Act to file a statement of compensation paid or agreed to be paid. Requires that, within a reasonable time after the order for relief in a bankruptcy case, there shall be a meeting of creditors at which the debtor shall appear and submit to examination under oath. States duties of the trustees pertaining to money of the estates, payment of taxes, and disposition of unclaimed property. Enunciates the effect of conversion of a case from one chapter of this Act to another and the effect of dismissal upon discharge in a subsequent case. Chapter 5: Creditors, The Debtor, and The Estate - Sets forth the procedure for the filing of proofs of claims or interest. States that such claim or interest is deemed allowable unless a party in interest objects. Lists circumstances under which the court, in hearing the objection to a claim, may allow it. Sets forth a procedure by which the court may determine the liability of the estate with respect to a tax incurred during the period of administration. Enunciates the priority ranking of expenses and claims to be paid from the estate. Charges the debtor with the following duties: (1) to file with the court a schedule of assets and liabilities, and a statement of the debtor's financial affairs; (2) to act in cooperation with the trustee as is necessary to enable such trustee to perform his duties; and (3) to surrender to the trustee all property of the estate and documents relating to such property. Lists personal and real property of the debtor which is not available, during or after the case, for the satisfaction of any debt of the debtor that arose before the commencement of the case, except a debt which is not dischargeable. Invalidates any waiver of exemptions executed in favor of a creditor. Permits the debtor to avoid the fixing of specified liens including judicial liens and nonpurchase-money security interests in household goods, instruments of the debtor's trade, or a debtor's interest in property to the extent that such a lien impairs an exemption to which the debtor is entitled. Specifies circumstances under which the debtor may recover transferred property which could have been exempted. Requires the debtor to file a list of property that the debtor claims as exempt under this Act. Describes the effect of discharge as: (1) voiding any judgment obtained at any time, to the extent that such judgment is a determination of the personal liability of the debtor; and (2) enjoining the commencement or continuation of an action or any act to collect, recover, or set-off any debt as a personal liability of the debtor or any specified interest in community property acquired after the commencement of the case. Lists exceptions to discharge including, debts incurred by the debtor by fraud or false written misrepresentations. Protects the debtor against discriminatory treatment of a governmental unit with respect to the denial, revocation, or refusal to renew any license, charter or other similar grants. Identifies property which becomes a part of the estate upon the commencement of a case, specifically excluding powers of appointment that the debtor may exercise solely for the benefit of an entity other than the debtor and including property acquired by the debtor within 180 days of the filing of the petition. Entitles the trustee in bankruptcy to the rights and powers of a hypothetical lien creditor, and bona fide purchaser of real property as of the commencement of the case. Permits the trustee to enforce any cause of action that a creditor or a class of creditors has against any person where there will be a reduction of the claim of such creditor or creditors against the estate. Permits the trustee to avoid any transfer of property of the debtor to or for the benefit of a creditor for or on account of an antecedent debt, made when the debtor was insolvent and within stipulated periods. States exceptions to such rule on preferences. Stipulates the presumption that the debtor was insolvent 90 days before the commencement of the case. Empowers the trustee, under specified conditions, to avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor, that was made or incurred on or within one year before the date of the filing of the petition. Permits the court after notice and a hearing to authorize the trustee to abandon any property of the estate that is burdensome or of inconsequential value. Chapter 7: Liquidation - Sets forth provisions for the administration of liquidation proceedings including the: (1) appointment of interim trustees; (2) election of trustees; (3) election of successor trustees; (4) obligations of trustees; and (5) conversion and dismissal of cases. Enables the court to authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate. Permits an individual debtor to redeem exempted or abandoned property. Sets priorities for the distribution of property of the estate. Makes provisions for stockbroker and commodity broker liquidation. Chapter 9: Adjustment of Debts of a Municipality - States that this chapter shall in no way limit or impair the power of a State to control, by legislation or otherwise, a municipality of or in such State in the exercise of its political or governmental powers. Prohibits a court from taking any action which would in any way interfere with any of the political or governmental powers of the debtor; any of the property or revenues of the debtor; or the debtor's use or enjoyment of any income-producing property, unless the debtor consents. States that a petition may be filed under this chapter by the municipality's officials, or in the case of an unincorporated tax or special assessment district by such district's governing authority or body having authority to levy taxes to meet the obligations of such district. Sets forth a procedure for objection to such petition and states that the filing of a petition operates as a stay of the commencement or continuation of a judicial or other proceeding that seeks to enforce a lien or arising out of taxes or assessments owed to the debtor. Requires the debtor to submit a list of creditors. Reserves the court's power to dismiss, after notice and a hearing, for cause, such as delay which causes prejudice to creditors, or denial of confirmation of a plan for adjustment of debts. Requires the debtor to file a plan for the adjustment of the debts either at the time of the filing of the petition or at such later time as the court shall fix. Establishes criteria for the decision to confirm such plan and states that a confirmed plan shall bind both the debtor and any creditors, whether or not such creditor's claim has been allowed. Grants continuing jurisdiction in the court for such time as is necessary for the successful execution of the plan. Chapter 11: Reorganization - Requires the court, as soon as practicable after the order for relief under this chapter, to appoint a committee of creditors holding unsecured claims and if necessary to appoint additional committees of creditors or equity security holders. Lists the powers and duties of such committees, including investigation of any matter relevant to the case or to the formulation of a plan and the participation in the formulation of such plan. Permits the court to appoint a trustee or an independent investigator if necessary and if the costs would not be disproportionately high. Specifies the duties of trustees, independent investigators, and debtors in possession. Sets eligibility requirements for one who may propose a reorganization plan. Requires that each holder of a claim or interest of a particular class be given a disclosure statement before an acceptance or rejection of a plan may be solicited. Grants the court the power to revoke an order of confirmation within 180 days after its entry where such order was procured by fraud. Enumerates situations which are exempt from specified securities laws which require registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in, securities. Provides for the reorganization of railroads subject to the provisions of the Interstate Commerce Act and orders of State or local regulatory bodies. Protects the right of owners, leasers, and secured parties to take possession of rolling stock equipment under a security agreement, conditional sale contract, or lease. Chapter 13: Adjustment of Debts of an Individual with Regular Income - Creates a procedure whereby an individual, who is a wage earner or is self-employed and is a debtor under this Act, may with the advice and assistance of an advisor appointed by the United States trustee, formulate a plan for readjustment of the debts of such individual. Lists provisions that may be present in such plan. States that an order for relief under this chapter shall stay all actions against codebtors. Stipulates that the United States trustee shall serve as trustee in a case under this chapter. Conditions the confirmation of a plan upon factors such as the ability to make all payments under the plan on the good faith of the debtor in proposing such plan. Allows discharge of debts upon the completion by the debtor of all payments under the plan. Permits post-confirmation modification of such plan if necessary in light of stated considerations. Title II: Amendments to Title 28 of the United States Code and to the Federal Rules of Evidence - Chapter 6: Bankruptcy Courts - Creates a bankruptcy court in each judicial district which shall be a court of record known as the United States Bankruptcy Court for the district. Specifies that each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Authorizes the President to appoint bankruptcy judges. Sets forth rules for tenure, residence and salary of bankruptcy judges. Makes provisions concerning the holding and adjournment of bankruptcy court sessions. Permits a party to any proceeding in a bankruptcy court to make and timely file an affidavit that the presiding judge is biased or prejudiced and prohibits such judge to proceed further in the case. Chapter 39: United States Trustees - Directs the Attorney General to appoint a United States trustee for each judicial district for a term of seven years and permits the Attorney General to remove such trustee for cause. Places each United States trustee under the general supervision of the Bankruptcy Division in the Department of Justice. Enumerates the duties of such trustees. Chapter 50: Bankruptcy Courts - Enables each bankruptcy court to appoint a clerk, law clerks, secretaries, reporters, criers and bailiffs, and states that the chief judge shall make such appointments whenever a majority of the bankruptcy judges of any court cannot agree. Chapter 90: Bankruptcy Courts - Grants the bankruptcy courts original and exclusive jurisdiction of all cases under Title 11 of the United States Code. States that notwithstanding any Act of Congress, other than the Internal Revenue Code, that confers exclusive jurisdiction on a court or courts other than the bankruptcy courts, the bankruptcy court shall have original, but not exclusive jurisdiction, of all civil proceedings arising under or related to bankruptcy cases; however, such court may abstain from hearing a particular proceeding in the interest of justice. Places venue, for purposes of bankruptcy proceedings, in that district in which is either the domicile, residence, principal place of business, or principal assets of the debtor; or the site of a pending bankruptcy case concerning such debtor's affiliate, general partner, or partnership. Creates an exception to this rule in the following instances: (1) a case to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment; (2) a case to enjoin the enforcement of a lien against property, or to require turnover of property of an estate; and (3) cases ancillary to foreign proceedings. Allows a change of venue in the interest of justice and for the convenience of the parties and provides for a cure of defects in the laying of venue. Permits a party to remove any claim or cause of action in a civil action to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. Preserves the right to a trial by jury in a bankruptcy case or in a proceeding arising thereunder, except that the bankruptcy court may order the issues arising under the initiation of an involuntary proceeding to be tried without a jury. Grants a bankruptcy court the powers of a court of equity, law, and admiralty. Authorizes a bankruptcy court to issue a writ of habeas corpus: (1) when appropriate to bring a person before the court for examination; to testify; or to perform a duty imposed on such person by this title; and (2) to release the debtor when such debtor was arrested or imprisoned on process in any civil action which was issued for the collection of a debt dischargeable under this Act where notice and a hearing have been afforded to the adverse party of such debtor to contest the issuance of such writ. Title III: Amendments to Other Acts - Sets forth conforming amendments. Title IV: Transition - Repeals the Bankruptcy Act. States the effective date of this Act. Makes provisions for the operation of courts of bankruptcy during the specified transition period. Requires the Director of the Administrative Office of the United States Courts: (1) to conduct a study during the transition period to determine the number of judges that will be needed for the United States bankruptcy courts; and (2) to appoint a committee of bankruptcy judges to advise the Director with respect to matters that arise during the transition period. Sets forth the formula for determination of retirement benefits for eligible bankruptcy judges during the transition period. Authorizes the Supreme Court to issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system.
United States · United States Congress · 28 June 1977
Amends the Age Discrimination in Employment Act of 1967 to eliminate age limitations with respect to the requirement that all personnel actions affecting employees or applicants for employment in Federal agencies, the United States Postal Service, or the District of Columbia government be taken without regard to such employees' or applicants' age.
United States · United States Congress · 22 June 1977
Small Business Impact Statement Act - Directs the head of each Federal agency to prepare a small business impact statement in connection with each rule made by such agency unless the agency head, with the approval of the Office of Advocacy of the Small Business Administration determines that such rule will not have a substantial effect on a significant number of small business. Sets forth information which must be present in each small business impact statement. Prescribes steps which each agency head must follow in preparing any small business impact statement including publication of the statement in the Federal Register.
United States · United States Congress · 22 June 1977
Federal Construction Costs Reduction Act - Raises from $2,000 to $40,000 the dollar value of contracts to which the Davis-Bacon Act (minimum wages on federally-affected construction projects) applies. Directs the Secretary of Labor to increase such threshold level yearly in proportion to the rise in the Consumer Price Index. Makes the Act applicable only to the wages of unskilled laborers. Exempts apprentices, helpers, and trainees from the Act and forbids the Secretary from taking any action which discourages the customary utilization of such persons. Requires the "prevailing wage" (contracts covered by the Act must provide that covered employees are paid at a rate determined by the prevailing wage) to be set at the average wage paid laborers employed on at least three projects similar to the subject project which were carried out in the immediate geographic area during the previous two years. Requires such determination to be made no later than 60 days prior to the opening of invitations for bids for projects covered by the Act. Requires, in lieu of the weekly wage reports presently required by the Act, that in the event there is no evidence that a contractor is violating the Act, such contractor need only submit an affidavit certifying his compliance. States that where evidence of such violation exists, the contractor must submit weekly certified payroll statements and other records required by the Secretary. Establishes a Federal Construction Appeals Board to which any interested party may appeal wage rate determinations or other Labor Department Rules likely to have a substantial effect on future wage rate determinations.
United States · United States Congress · 22 June 1977
Amends the General Education Provisions Act to extend its provisions requiring due process before termination of Federal assistance to local educational agencies to include terminations of aid to State agencies, institutions of higher learning, community colleges, schools, agencies offering a preschool program, or other educational institutions. Enlarges such due process requirements to include termination of Federal assistance programs for any reason. Changes existing due process requirements under such Act to a requirement of a finding of noncompliance with a specific Federal law after an administrative hearing. Exempts from the requirements of this Act certain provisions of the Higher Education Act of 1965 dealing with higher education student opportunity grants.
United States · United States Congress · 17 June 1977
Amends the Supplemental Appropriations Act, 1974, to increase to three the number of Lyndon Baines Johnson congressional interns which may be hired by each Member of the House of Representatives. Authorizes the payment of additional compensation to such interns from the clerk-hire allowance.
United States · United States Congress · 13 June 1977
Small Business Impact Statement Act - Directs the head of each Federal agency to prepare a small business impact statement in connection with each rule made by such agency unless the agency head, with the approval of the Office of Advocacy of the Small Business Administration determines that such rule will not have a substantial effect on a significant number of small business. Sets forth information which must be present in each small business impact statement. Prescribes steps which each agency head must follow in preparing any small business impact statement including publication of the statement in the Federal Register.
United States · United States Congress · 6 June 1977
Authorizes the Secretary of State to accept a statue or bust of George C. Marshall and place it in the Department of State. Establishes a noncompensated Commission under the direction of the Secretary to select a sculptor and select the size, style, design, and material of such statue or bust. Authorizes not more than $10,000 for its procurement, the remaining expense to be contributed without expense to the United States. Directs that the authority given to the Secretary lapse unless such statue or bust is installed within two years after enactment of this Act.
United States · United States Congress · 2 June 1977
Authorizes the President of the United States to designate the week beginning on the Sunday preceding the fourth Thursday in November of each year as "National Family Week".
United States · United States Congress · 1 June 1977
Directs the Secretary of Defense to place a plaque and a permanent display of medals, ribbons, and tributes of the Vietnam era on the crypt at the National Cemetery at Arlington, Virginia, reserved for an unknown American serviceman who lost his life in Southeast Asia. Directs the Secretary to perform the duties required by this Act even though the remains of such serviceman have not yet been placed in the crypt.
United States · United States Congress · 26 May 1977
Defense Production Act Amendments - Amends the Defense Production Act of 1950 to prohibit any Federal contracting officer who by virtue of his position is authorized to solicit or select sources of supply, or describe requirements for, enter into, award, modify, terminate, administer, or make determinations or findings with respect to any or contract while so employed, from accepting compensation from any contractor without the written permission of the standards of conduct counselor for his employing agency. Prohibits such contracting officer from owning a controlling interest in any contractor who has been affected by action taken by such officer. Prohibits such contracting officer from accepting employment within two years following his employment with the United States from any contractor who was affected by the action of such officer taken by him or her within three years prior to the termination of his or her employment with such agency, and from accepting employment with such a contractor in a position which was created or subsidized by revenues realized through a Federal contract handled by such officer until five years after the termination of such officer's employment with such agency has been terminated. Prohibits contractors from offering to any such officer of any compensation such officer is prohibited from receiving under this Act. Establishes a Conflict of Interest Review Board to review compliance by contracting officers with this Act. States that the Board shall issue advisory opinions with respect to compensation offered to such contracting officer after notice is published in the Federal Register and interested parties have had an opportunity to present testimony relating to the issuance of such advisory opinion. States that reliance on such advisory opinion shall be a defense to a civil or criminal case brought under this Act. Requires meetings of the Board at which such advisory opinions will be considered to be open to the public. Authorizes the Board to issue rules to implement this Act. Requires the Board to report annually to Congress respecting its activities and recommendations of legislative or regulatory actions to promote high ethical standards for Government employees. Requires the following persons to file specified information with the Board: (1) former Government employees who were employed in any given fiscal year as a representative of a Government contractor in any action in which the United States was a party or in any transaction with the United States; and (2) any Federal employee who was previously employed by a Government contractor at a salary rate equal to or greater than that for positions in grade GS-13. Exempts specified persons from the filing requirements of this Act.
United States · United States Congress · 23 May 1977
Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make real estate and operating loans available to private domestic corporations and partnerships controlled by farmers and ranchers engaged primarily in farming or ranching who, individually or as to their principal stockholders and partners, are United States citizens. Excepts ability to obtain credit for guaranteed loans from the eligibility requirement that applicants for real estate or operating loans must be unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms. Increases the maximum allowable total principal indebtedness for real estate loans which may be outstanding by any one borrower to $200,000 or $300,000 in the case of a guaranteed loan. States that special consideration for: (1) water and waste facilities loans may be given rural areas having a population of more than 5,500; and (2) soil and water conservation, pollution control and private business enterprise loans may be given to rural areas having a population of more than 25,000. Revises the maximum interest rate on real estate loans other than guaranteed loans under such Act from five percent to a rate determined by the Secretary not to exceed the current average market yield on outstanding marketable obligations of the United States. Removes the $500,000 ceiling from the aggregate principal of loans made using the Agricultural Credit Insurance Fund. Increases the amount of indebtedness which may be outstanding for operating loans under such Act for an individual from $50,000 to $100,000 or in the case of a guaranteed loan, $200,000. States that the interest rates on such loans which are guaranteed shall be the rate agreed upon by the borrower and lender. Authorizes the Secretary to purchase the guaranteed portion of any rural development loan using funds from the Rural Development Insurance Fund and the guaranteed portion of all other loans with funds from the Agricultural Credit Insurance Fund. Authorizes the Secretary to make loans and grants, and approve transfers and assumptions under such Act in connection with property securing a loan made, insured, or held by the Secretary notwithstanding the fact an area ceases to be eligible for assistance under such Act. Authorizes the Secretary to provide a procedure for appeal and review of determinations by a county committee that a loan applicant is not unable to obtain sufficient credit elsewhere to finance his actual needs at reasonable rates and terms. Provides for congressional authorization of program levels under such Act.
United States · United States Congress · 23 May 1977
Title I: Enactment of Title II of the United States Code - Chapter I: General Provisions - Makes general provisions for a uniform system of bankruptcy administration including: (1) definitions to be used in this Act; (2) rules of construction; (3) powers of the court; (4) waiver of sovereign immunity; (5) public access to papers; and (6) descriptions of debtors who may proceed under the liquidation, reorganization and debt adjustment provisions of this Act. Chapter 3: Case Administration - States that voluntary and joint cases in bankruptcy shall commence with the filing of a petition by an individual or entity entitled under the appropriate chapter of this Act. Limits the filing of involuntary case petitions against persons in liquidation and reorganization cases to situations in which the claims of three or more holders of non-contingent claims against the debtor, aggregate to at least $5,000 more than the value of any security interest held by such holders in any property of such debtor. Makes provisions for the late joining of creditors to the petition. Empowers the court under specified circumstances to enjoin the commencement or continuation of any action against the estate or the enforcement of any judgment against the estate; or to order other appropriate relief where an ancillary foreign proceeding has commenced or is likely to be commenced. States the qualification and eligibility requirements for trustees in bankruptcy. Requires any attorney who represents a debtor in a proceeding under this Act to file a statement of compensation paid or agreed to be paid. Requires that, within a reasonable time after the order for relief in a bankruptcy case, there shall be a meeting of creditors at which the debtor shall appear and submit to examination under oath. States duties of the trustees pertaining to money of the estates, payment of taxes, and disposition of unclaimed property. Enunciates the effect of conversion of a case from one chapter of this Act to another and the effect of dismissal upon discharge in a subsequent case. Chapter 5: Creditors, The Debtor, and The Estate - Sets forth the procedure for the filing of proofs of claims or interest. States that such claim or interest is deemed allowable unless a party in interest objects. Lists circumstances under which the court, in hearing the objection to a claim, may allow it. Sets forth a procedure by which the court may determine the liability of the estate with respect to a tax incurred during the period of administration. Enunciates the priority ranking of expenses and claims to be paid from the estate. Charges the debtor with the following duties: (1) to file with the court of a schedule of assets and liabilities, and a statement of the debtor's financial affairs; (2) to act in cooperation with the trustee as is necessary to enable such trustee to perform his duties; and (3) to surrender to the trustee all property of the estate and documents relating to such property. Lists personal and real property of the debtor which is not available, during or after the case, for the satisfaction of any debt of the debtor that arose before the commencement of the case, except a debt which is not dischargeable. Invalidates any waiver of exemptions executed in favor of a creditor. Permits the debtor to avoid the fixing of specified liens including judicial liens and nonpurchase-money security interests in household goods or instruments of the debtor's trade, on a debtor's interest in property to the extent that such a lien impairs an exemption to which the debtor is entitled. Specifies circumstances under which the debtor may recover transferred property which could have been exempted. Requires the debtor to file a list of property that the debtor claims as exempt under this Act. Describes the effect of discharge as: (1) voiding any judgment obtained at any time, to the extent that such judgment is a determination of the personal liability of the debtor; and (2) enjoining the commencement or continuation of an action or any act to collect, recover, or set-off any debt as a personal liability of the debtor or any specified interest in community property acquired after the commencement of the case. Lists exceptions to discharge including, debts incurred by the debtor by fraud or false written misrepresentations. Protects the debtor against discriminatory treatment of a governmental unit with respect to the denial, revocation, or refusal to renew any license, charter or other similar grants. Identifies property which becomes a part of the estate upon the commencement of a case, specifically excluding powers of appointment that the debtor may exercise solely for the benefit of an entity other than the debtor and including property acquired by the debtor within 180 days of the filing of the petition. Entitles the trustee in bankruptcy to the rights and powers of a hypothetical lien creditor, and bona fide purchaser of real property as of the commencement of the case. Permits the trustee to enforce any cause of action that a creditor or a class of creditors has against any person where there will be a reduction of the claim of such creditor or creditors against the estate. Permits the trustee to avoid any transfer of property of the debtor to or for the benefit of a creditor for or on account of an antecedent debt, made when the debtor was insolvent and within stipulated periods. States exceptions to such rule on preferences. Stipulates the presumption that the debtor was insolvent 90 days before the commencement of the case. Empowers the trustee, under specified conditions, to avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor, that was made or incurred on or within one year before the date of the filing of the petition. Permits the court after notice and a hearing to authorize the trustee to abandon any property of the estate that is burdensome or of inconsequential value. Chapter 7: Liquidation - Sets forth provisions for the administration of liquidation proceedings including: (1) the appointment of interim trustees; (2) the election of trustees; (3) election of successor trustees; (4) obligations of trustees; and (5) conversion and dismissal of cases. Enables the court to authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate. Permits an individual debtor to redeem exempted or abandoned property. Sets priorities for the distribution of property of the estate. Makes provisions for stockbroker and commodity broker liquidation. Chapter 9: Adjustment of Debts of a Municipality - States that such chapter shall in no way limit or impair the power of a State to control, by legislation or otherwise, a municipality of or in such State in the exercise of its political or governmental powers. Prohibits a court from taking any action which would in any way interfere with any of the political or governmental powers of the debtor; any of the property or revenues of the debtor; or the debtor's use or enjoyment of any income-producing property, unless the debtor consents. States that a petition may be filed under this chapter by the municipality's officials, or in the case of an unincorporated tax or special assessment district by such district's governing authority or body having authority to levy taxes to meet the obligations of such district. Sets forth a procedure for objection to such petition and states that the filing of a petition operates as a stay of the commencement or continuation of a judicial or other proceeding that seeks to enforce a lien or on arising out of taxes or assessments owed to the debtor. Requires the debtor to submit a list of creditors. Reserves the court's power to dismiss, after notice and a hearing, for cause, such as delay which causes prejudice to creditors, or denial of confirmation of a plan for adjustment of debts. Requires the debtor to file a plan for the adjustment of the debts either at the time of the filing of the petition or at such later time as the court shall fix. Establishes criteria for the decision to confirm such plan and states that a confirmed plan shall bind both the debtor and any creditors, whether or not such creditor's claim has been allowed. Grants continuing jurisdiction in the court for such time as is necessary for the successful execution of the plan. Chapter 11: Reorganization - Requires the court, as soon as practicable after the order for relief under this chapter, to appoint a committee of creditors holding unsecured claims and if necessary to appoint additional committees of creditors or equity security holders. Lists the powers and duties of such committees, including investigation of any matter relevant to the case or to the formulation of a plan and the participation in the formulation of such plan. Permits the court to appoint a trustee or an independent investigator if necessary and if the costs would not be disproportionately high. Specifies the duties of trustees, independent investigators, and debtors in possession. Sets eligibility requirements for one who may propose a reorganization plan. Requires that each holder of a claim or interest of a particular class be given a disclosure statement before an acceptance or rejection of a plan may be solicited. Grants the court the power to revoke an order of confirmation within 180 days after its entry where such order was procured by fraud. Enumerates situations which are exempt from specified securities law which require registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in, securities. Provides for the reorganization of railroads subject to the provisions of the Interstate Commerce Act and orders of State or local regulatory bodies. Protects the right of owners, leasers, and secured parties to take possession of rolling stock equipment under a security agreement, conditional sale contract, or lease. Chapter 13: Adjustment of Debts of an Individual with Regular Income - Creates a procedure whereby an individual, who is a wage earner or is self-employed and is a debtor under this Act, may with the advice and assistance of an advisor appointed by the United States trustee, formulate a plan for readjustment of the debts of such individual. Lists provisions that may be present in such plan. States that an order for relief under this chapter shall stay all actions against codebtors. Stipulates that the United States trustee shall serve as trustee in a case under this chapter. Conditions the confirmation of a plan upon factors such as the ability to make all payments under the plan and the good faith of the debtor in proposing such plan. Allows discharge of debts upon the completion by the debtor of all payments under the plan. Permits post-confirmation modification of such plan if necessary in light of stated considerations. Title II: Amendments to Title 28 of the United States Code and to the Federal Rules of Evidence - Chapter 6: Bankruptcy Courts - Creates a bankruptcy court in each judicial district which shall be a court of record known as the United States Bankruptcy Court for the district. Specifies that each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Authorizes the President to appoint bankruptcy judges. Sets forth rules for tenure, residence and salary of bankruptcy judges. Makes provisions concerning the holding and adjournment of bankruptcy court sessions. Permits a party to any proceeding in a bankruptcy court to make and timely file an affidavit that the presiding judge is biased or prejudiced and prohibits such judge to proceed further in the case. Chapter 39: United States Trustees - Directs the Attorney General to appoint a United States trustee for each judicial district for a term of seven years and permits the Attorney General to remove such trustee for cause. Places each United States trustee under the general supervision of the Bankruptcy Division in the Department of Justice. Enumerates the duties of such trustees. Chapter 50: Bankruptcy Courts - Enables each bankruptcy court to appoint a clerk, law clerks, secretaries, reporters, criers and bailiffs, and states that the chief judge shall make such appointments whenever a majority of the bankruptcy judges of any court cannot agree. Chapter 90: Bankruptcy Courts - Grants the bankruptcy courts original and exclusive jurisdiction of all cases under Title II of the United States Code. States that notwithstanding any Act of Congress, other than the Internal Revenue Code, that confers exclusive jurisdiction on a court or courts other than the bankruptcy courts, the bankruptcy court shall have original, but not exclusive jurisdiction, of all civil proceedings arising under or related to bankruptcy cases; however, such court may abstain from hearing a particular proceeding in the interest of justice. Places venue, for purposes of bankruptcy proceedings, in that district in which is either the domicile, residence, principal place of business, or principal assets of the debtor; or the site of a pending bankruptcy case concerning such debtor's affiliate, general partner, or partnership. Creates an exception to this rule in the following instances: (1) a case to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment; (2) a case to enjoin the enforcement of a lien against property, or to require turnover of property of an estate; and (3) cases ancillary to foreign proceedings. Allows a change of venue in the interest of justice and for the convenience of the parties and provides for a cure of defects in the laying of venue. Permits a party to remove any claim or cause of action in a civil action to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. Preserves the right to a trial by jury in a bankruptcy case or in a proceeding arising thereunder, except that the bankruptcy court may order the issues arising under the initiation of an involuntary proceeding to be tried without a jury. Grants a bankruptcy court the powers of a court of equity, law, and admiralty. Authorizes a bankruptcy court to issue a writ of habeas corpus: (1) when appropriate to bring a person before the court for examination; to testify; or to perform a duty imposed on such person by this title; and (2) to release the debtor when such debtor was arrested or imprisoned on process in any civil action which was issued for the collection of a debt dischargeable under this Act where notice and a hearing have been afforded to the adverse party of such debtor to contest the issuance of such writ. Title III: Amendments to Other Acts - Sets forth conforming amendments. Title IV: Transition - Repeals the Bankruptcy Act. States the effective date of this Act. Makes provisions for the operation of courts of bankruptcy during the specified transition period. Requires the Director of the Administrative Office of the United States Courts: (1) to conduct a study during the transition period to determine the number of judges that will be needed for the United States bankruptcy courts; and (2) to appoint a committee of bankruptcy judges to advise the Director with respect to matters that arise during the transition period. Sets forth the formula for determination of retirement benefits for eligible bankruptcy judges during the transition period. Authorizes the Supreme Court to issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system.
United States · United States Congress · 18 May 1977
Authorizes the Clerk of the House of Representatives to withhold charitable contributions from the pay of House employees for transmittal to the Combined Federal Campaign, if the employee requests the Clerk to do so.
United States · United States Congress · 16 May 1977
Amends the Rules of the House of Representatives to transfer the responsibility for investigating Communist and subversive organizations affecting the internal security of the United States to a standing Committee on Internal Security established by this Resolution. Confers upon such committee the responsibility for investigating all organizations within the United States aimed at overthrowing or altering the Government of the United States by force, insurrection or other unlawful means or inciting or employing violence to obstruct the authority of the Federal Government with respect to matters of internal security of the United States.
United States · United States Congress · 11 May 1977
Amends the Internal Revenue Code to allow certain individuals to compute the amount of the deduction for retirement savings on the basis of the earned income of their spouses.
United States · United States Congress · 11 May 1977
Federal Power Commission Reform Act - Amends the Federal Power Act to direct the Federal Power Commission to require public utilities to report anticipated shortages of power and to file plans to provide for curtailment by retail consumers on a nondiscriminatory basis. Requires that rate increases for the interstate sale of electricity not become effective until public hearings on such increases have been completed by the Commission. Authorizes the Commission to issue orders prohibiting unfair methods of competition by public utilities. Stipulates that rates charged by public utilities shall be approved by the Commission only if based on known and measurable costs. Directs the Commission to audit the fuel acquisition practices of public utilities with a view to eliminating discriminatory or anticompetitive practices.
United States · United States Congress · 9 May 1977
Amends the Federal Election Campaign Act of 1971 to (1) prohibit all political committees, other than National, State, or local committees of national political parties from making contributions to candidates or their committees and (2) forbid all political committees from making contributions to other political committees, with the exception of transfers between and among National, State, and local party committees.
United States · United States Congress · 9 May 1977
Amends rule III of the Rules of the House of Representatives to require each employee of the House to file an annual statement disclosing the name of each Member who is a relative of such employee.
United States · United States Congress · 9 May 1977
Amends rule XI of the Rules of the House of Representatives to prohibit the consideration of any report from the Committee on Rules, relating to the consideration of any bill or resolution, which does not allow for the offering of germane amendments under the five-minute rule. Prohibits the consideration of specified resolutions reported from the Committee on Rules which do not allow for the offering of germane amendments under the five-minute rule.
United States · United States Congress · 9 May 1977
Amends the Supplemental Appropriations Act, 1972 to require that the fixing or adjustment of any allowance payable out of the House contingency fund for Members, officers, and committees of the House of Representatives be submitted to the entire House for approval by resolution. Repeals certain appropriations made by the Supplemental Appropriations Act, 1972 and the Legislative Branch Appropriation Act, 1977.
United States · United States Congress · 9 May 1977
Amends rule III of the Rules of the House of Representatives to require the Clerk to make available for public inspection all records under the Clerk's control respecting expenditures incurred on or after January 5, 1977, by any Member or committee of the House.
United States · United States Congress · 29 April 1977
Expresses the sense of Congress that the Secretary of Defense shall at the earliest opportunity inter an Unknown Soldier in Arlington National Cemetery and make permanent display of representative medals, ribbons, and tributes of the Vietnam War in the Arlington Memorial Amphitheater.
United States · United States Congress · 27 April 1977
Legal Services Corporation Amendments Act - Amends the Legal Services Corporation Act to subject the Corporation and each State advisory council established under such Act to Government in the Sunshine Act requirements regarding open meetings. Authorizes the Corporation to carry out its research, training, and assistance functions by means of grant or contract. Permits up to ten percent of the funds appropriated to the Corporation to be used for such purposes. Requires a court appointing an attorney employed by an organization receiving assistance under the Legal Services Corporation Act to provide for reasonable compensation for such attorney, unless the appointment is made pursuant to a law or practice applied generally to all lawyers appearing before the court. States that attorneys receiving more than one-half their annual professional income from an organization established for the sole purpose of providing legal assistance under the Legal Services Corporation Act shall be deemed to be State or local employees for purposes of provisions prohibiting certain activities of such employees in connection with partisan politics. Repeals restrictions on political activities unrelated to legal assistance with respect to such attorneys. Revises guidelines regarding eligibility for, and priorities relative to, such assistance. Revises the limitations on the use of funds made available by the Corporation to (1) permit the provision of legal assistance with respect to criminal matters where a person is charged with an offense involving hunting, fishing, trapping, or gathering fruit of the land, a defense asserted involves rights arising from an Indian treaty, or a person is charged with a misdemeanor or lesser offense in an Indian tribal court; and (2) eliminate prohibitions against providing legal assistance to un-emancipated persons less than 18 years of age or in connection with a proceeding relative to school desegregation or a selective service or military violation; and (3) revise the prohibition against providing legal assistance to organize or encourage the formation of any organization or coalition. Authorizes appropriations for carrying out the activities of the Corporation through fiscal year 1979. Authorizes the appointment of independent hearing examiners to preside over hearings to suspend or terminate assistance under the Legal Service Corporation Act.
United States · United States Congress · 27 April 1977
Amends the Federal Food, Drug, and Cosmetic Act to allow the use of a food additive for dietary management of health disorders or disease, even though such additive is found to induce cancer in animals, if the Secretary of Health, Education, and Welfare determines the benefits to human health of such use outweigh the risks. Directs the Secretary to take into account in making such a determination (1) all scientific data and information on the additive; (2) the scientific validity, analysis, and other conditions concerning the animal testing of such additive; and (3) current knowledge about the reliability of predicting cancer in humans from use of an additive found to induce cancer in animals.
United States · United States Congress · 25 April 1977
Amends the Small Business Act to reduce the rate of interest on the Small Business Administration's portion of disaster relief loans with respect to major disaster of specified forms occurring on or after April 1, 1977, and prior to June 6, 1977, to three percent per annum. Applies provisions of this Act pertaining to special hardship cases to such disasters. Authorizes the Administration to make cash grants to an individual on a fixed income whose residence was destroyed in a disaster.
United States · United States Congress · 21 April 1977
National Food Stamp Reform Act - Extends the Food Stamp Act of 1964 through fiscal year 1982. Excludes from the definition of "food" which may be purchased with food stamps alcoholic beverages, tobacco, ice cubes, artificial food colorings, powdered and liquid cocktail mixes, carbonated beverages, cooking wines, and chewing gum; and any other food, class of food, food product or condiment which the Secretary of Agriculture, in consultation with the President of the National Academy of Sciences - National Research Council (Food and Nutrition Board), determines to have a negligible or low nutritional value or to be an insignificant enhancement of palatability. Includes residents of federally subsidized housing for the elderly in the definition of "household". Redefines "elderly person" as someone 65 years or older (currently, 60 years of age). Defines "nutritionally adequate diet" as a diet sufficient to feed a family of four persons, consisting of a man and a woman between 20 and 54 years of age, one child between ages nine and eleven and one child between six and eight, and which meets additional specified conditions. Directs the Secretary to establish uniform national standards of eligibility for participation by households in the food stamp program. Requires the income standards of eligibility in every State to be the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, adjusted annually; but limits the standards for Puerto Rico, the Virgin Islands, and Guam to those of the 50 States. Sets a 90-day accounting period for certification or recertification of food stamp applicants. Limits the maximum allowable financial resources (liquid and nonliquid assets) of a household to $1,500, except that, for households or two or more persons with one or more members 65 years or older, such resources are limited to $2,250. Specifies holdings excluded from the determination of such resources. Requires household income for purposes of the food stamp program to be the gross income of the household less: (1) a deduction of $25 a month for any household in which there is at least one elderly person; and (2) an additional deduction equal to 15 percent of all earned income to compensate for taxes, mandatory deductions, and work expenses. Includes in gross income: (1) all monetary payments to or on behalf of any household member except payments made for medical costs; (2) all income tax refunds and Federal income tax credits; (3) the value of all in-kind items; and (4) the value of all benefits received under any publicly or privately funded assistance program. Excludes from gross income: (1) payments for medical costs made on behalf of the household; (2) compensation for services performed by a student residing with the household who is not yet 18; (3) Uniform Relocation Assistance payments; (4) infrequent or irregular quarterly income; (5) all loans except deferred repayment education loans; and (6) the cost of producing self-employed income. Authorizes the Secretary to establish temporary emergency eligibility standards for households which are victims of a disaster. States that no household shall be eligible for participation in the Food Stamp program which includes an able- bodied adult between the ages of 18 and 65 who: (1) incurs a reduction of income as a result of voluntarily reducing his or her number of hours of employment without good cause; (2) fails to register for employment at a State or Federal employment office; (3) has refused to accept employment or public work within 30 miles of the person's principal residence; (4) fails to actively seek employment; or (5) is enrolled in an institution of post-secondary education as a substitute for full-time employment. Excludes from this class of ineligible individuals mothers with dependent children, primary or secondary school students, post-secondary level students or trainees' employed part-time, enrollees in a drug addiction or alcoholic treatment program, and persons working at least 30 hours per week. States that refusal to work at a plant site because of a strike or other labor dispute shall be deemed to be a refusal to accept employment. Declares that no person shall be eligible who is not a citizen or an alien lawfully admitted for permanent residence. States that no minor shall be considered a household member if such minor resides in a household in which no other member has a legal duty to support him unless: (1) the individual who had such a duty is financially unable to perform it; or (2) no individual with such duty exists. Requires each household receiving food stamps to report its income at least once each month. Declares that no household that knowingly transfers liquid or nonliquid assets for the purpose of qualifying or attempting to qualify for the food stamp program shall be eligible to participate in the program for a minimum of 90 days. States that no person who receives supplementary security income benefits under title XVI (Supplemental Security Income) of the Social Security Act. State supplementary payments under such title, or payments under specified provisions of title II (Old Age, Survivors, and Disability Insurance) of such Act, shall be considered a member of a household for any month, if for such month, such individual resides in a State in which the Supplemental Security Income benefit has been increased specifically to include the bonus value of food coupon allotments. Requires food coupons to be designed with spaces for the user to sign upon receipt and redemption. Requires coupon users to present suitable identification; including signature and photograph, when redeeming coupons at approved food stores. States that the value of the food coupon allotment to which eligible households will be entitled shall be an amount sufficient to allow a household to purchase a nutritionally adequate diet. Requires the semi-annual adjustment of the value of an allotment based on changes in the cost of food. Establishes as the charge a household shall pay for its coupon allotment the lesser of: (1) the percentage of its income which would be expended for food by an average household of its size and income range in the same region of the country; or (2) 30 percent. Provides, under the requirements for State plans for the administration of the food stamp program, for closer State supervision of eligibility by households. Requires the State agencies administering the program to conduct nutrition education programs for recipients. Directs each State agency to establish an earnings clearance system for the purpose of checking the actual income and assets of a household against those reported by the household. 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 issuance of coupons in the political subdivisions where such failure has occurred until such time as satisfactory corrective action has been taken. Establishes a national system for providing information to State agencies in order to assist them in preventing households from receiving food stamps in more than one State or in more than one political subdivision within a State. Sets a civil penalty not in excess of $10,000 for each violation of the Food Stamp Act of 1964 or regulations issued pursuant to it by specified persons, including State agencies. 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. Specifies information to included in the Secretary's annual report in addition to information already given.
United States · United States Congress · 21 April 1977
Constitutional Amendment- Allows an item veto by the President of appropriations bills. Requires the President, in signing the bill, to designate the provisions disapproved and return the bill to the House in which it originated. Provides that such bills shall be subjected to the same proceeding as other bills disapproved by the President.
United States · United States Congress · 21 April 1977
Constitutional Amendment- Allows an item veto by the President of appropriations bills. Requires the President, in signing the bill, to designate the provisions disapproved and return the bill to the House in which it originated. Provides that such bills shall be subjected to the same proceeding as other bills disapproved by the President.
United States · United States Congress · 6 April 1977
Amends the Water Resources Development Act of 1976 to delete the requirement that construction of the Potomac River water diversion structure in Maryland and Virginia not conflict with the report of the Secretary of the Army, acting through the Chief of Engineers, on such project.
United States · United States Congress · 31 March 1977
Contract Disputes Reform Act - Authorizes an executive agency to settle any claim arising out of any express or implied contract of such agency. Requires an agency contracting officer to settle disputes which cannot be resolved by mutual agreement. Permits any contractor to request an informal administrative conference with the appropriate agency to review the decision of the contracting officer. Declares the decision of the contracting officer to be final unless the contractor sues or appeals as provided in this Act. Permits each agency to establish an agency Board of Contract Appeals if the volume of procurement of such agency justifies a Board of at least three full-time members. Requires appeals to be made to such Board within 90 days of receipt of the contracting officer's decision. Provides for an appeal to the Board of another agency in the event that the party agency does not have its own Board. Requires the rules of each board to provide for a simplified procedure for small claims of $25,000 or less which can be invoked at the option of the contractor. Permits suits in any U.S. district court or the Court of Claims in lieu of an appeal by the contractor to an agency Board. Permits the agency or the contractor to appeal any decision of an agency Board to such Courts. States that in the event the agency appeals a Board decision, that decision shall not be overturned unless arbitrary, capricious, or so clearly erroneous as to imply bad faith. (Amends 28 U.S.C. 2401; 2517)
United States · United States Congress · 28 March 1977
Civil Rights Commission Authorization Act - Amends the Civil Rights Act of 1957 to authorize appropriations for fiscal year 1978, for the Commission on Civil Rights.
United States · United States Congress · 28 March 1977
Mobile Source Emission Control Amendments - Amends the Clean Air Act to extend through model year 1979 interim standards for hydrocarbons and carbon monoxide emissions from light-duty motor vehicles. Specifies standards applicable in model years 1980 and afterwards for such pollutants. Revises the emission standard for carbon monoxide to allow emissions of up to 9.0 grams per vehicle mile. Extends until model year 1981 the current 2.0 grams per vehicle mile interim standard for nitrogen oxide emissions from light-duty vehicles. Establishes a nitrogen oxides emissions standard of 1.0 gram per vehicle mile for model years after 1981, subject to revision or waiver by the Administrator of the Environmental Protection Agency in accordance with prescribed procedures. Stipulates that such revisions and waivers shall not permit emissions in excess of the 2.0 grams per vehicle mile interim standard. Directs the Administrator, the Secretary of Transportation and the Federal Energy Administration to submit separate reports to Congress regarding the consequences of such emission standards on fuel consumption. Establishes additional prohibitions and penalties for tampering with motor vehicle emission control equipment. Empowers limits in the amount of vehicle testing required of small manufacturers. Establishes procedures for review of instructions for high altitude performance adjustments for motor vehicle emission control systems by the Administrator in accordance with specified requirements. Revises warranty requirements stipulated by the Act. Specifies an 18-month or 18,000 mile warranty requirement for the useful life of motor vehicle emission control systems. Directs the Administrator to study the effects of emissions of sulfur-bearing conformed from motor vehicles and aircraft. Extends the exception for disclosure of confidential information in administrative and judicial proceedings to emission data upon a satisfactory showing to the Administrator that such data would divulge trade secrets. Requires that documentation, justifications, proposed drafts, and comments of other agencies an proposed motor vehicle emission standards be made available to the public once such standards are proposed. Establishes procedures for oral presentation of views, with opportunity for cross-examination, with respect to such standards. Authorizes direct review of alleged procedural errors in the appropriate court of appeals. Authorizes the appropriation of $200,000,000 per fiscal year for fiscal years 1978, 1979, and 1980, to carry out the purposes of this Act other than research, development, and demonstration activities.
United States · United States Congress · 23 March 1977
Increases the minimum amount which must be in controversy to qualify for Federal court jurisdiction on the basis of diversity of citizenship. Prohibits any person from invoking diversity jurisdiction in any State of which he is a citizen. Prohibits a business entity which has maintained a business establishment for more than two years in a State from invoking diversity jurisdiction in such State in any action arising from the establishment's activities. Prohibits an individual from invoking diversity jurisdiction in any State in which he has had his present business or place of employment for more than two years. Sets forth removal, venue, and joinder guidelines based upon diversity jurisdiction as modified by this Act.
United States · United States Congress · 23 March 1977
Legal Services Corporation Amendments Act - Amends the Legal Services Corporation Act to eliminate the requirement that no more than six of the eleven members of the Legal Services Corporation Board of Directors be of the same political party. Subjects the Corporation and each State advisory council established under such Act to Government in the Sunshine Act requirements regarding open meeting. Authorizes the Corporation to carry out its research, training, and assistance functions by means of grant of contract. Permits up to ten percent of the funds appropriated to the Corporation to be used for such purpose. Requires a court appointing an attorney employed by an organization receiving assistance under the Legal Services Corporation Act to provide reasonable compensation for such attorney, unless the appointment is made pursuant to a law or practice applied generally to all lawyers appearing before the court. Repeals restrictions on political activities unrelated to legal assistance with respect to attorneys receiving more than one-half their professional income from an organization established for the sole purpose of providing assistance under the Legal Services Corporation Act. Revises guidelines regarding eligibility for, and priorities relative to, such assistance. Revises the limitations on the use of funds made available by the Corporation to (1) permit the provision of legal assistance with respect to criminal matters where a person is charged with an offense involving hunting, fishing, trapping, or gathering fruit of the land, a defense asserted involvers rights arising from an Indian treaty, or a person is chared with a misdemeanor or lesser offense in an Indian tribal court; (2) eliminate prohibitions against providing legal assistance to un-emancipated persons less than 18 years of age, or in connection with a proceeding relative to school desegregation or a selective service or military violation; and (3) allow activities designed to influence any executive order or ruling or any legislation under certain circumstances. Authorizes the appointment of independent hearing examiners to preside over hearings to suspend or terminate assistance under the Legal Services Corporation Act.
United States · United States Congress · 22 March 1977
Amends the Occupational Safety and Health Act to exclude from coverage (1) employers with ten or fewer employees; and (2) employees not employed on a regular basis for 30 or more consecutive days. Requires that a warning rather than a citation be given for a first instance violation, other than a willful or serious violation, to an employer who has not employed more than 25 employees at any time during the 30 days prior to an inspection or investigation. Prohibits the imposition of a civil penalty against an employer for a nonserious violation if (1) such employer has not previously received a citation for the same violation; and (2) the inspection upon which such citation was based resulted in the issuance of citations for ten or or fewer violations of a nonserious nature.
United States · United States Congress · 22 March 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 or a fine 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, an appeal by right 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 Commission's sentencing guidelines and ranges were erroneously applied and the sentence imposed outside the guidelines and ranges was unreasonable or (2) the sentence imposed, even though within Commission-guidelines and ranges, constitutes an abuse of discretion.
United States · United States Congress · 17 March 1977
Creates a Select House Committee on Population to conduct an investigation and study of: (1) the major adverse effects of current population growth throughout the world; (2) approaches which have been shown to be effective in coping with excessive population growth; and (3) means to encourage countries with excessive population growth rates to adopt methods proven to be successful in reducing population growth rates.
United States · United States Congress · 15 March 1977
Amends Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to provide a claimant who has been denied benefits thereunder with the opportunity to obtain informal reconsideration of his claim. Requires the maintenance of a written summary of reconsideration proceedings. Grants a claimant the right to a hearing on the denied claim if the Secretary of Health, Education, and Welfare affirms the denial upon review. Requires the hearing to be conducted pursuant to the requirements for an 'adjudication" under the Administrative Procedure Act under an administrative law judge (ALJ). Directs the Secretary to appoint ALJ's to conduct such hearings. Sets forth criteria under which the ALJ in charge of a hearing must remand a disputed claim to the appropriate regional commissioner of the Social Security Administration.
![Official portrait of Rep. Butler, M. Caldwell [R-VA-6]](https://www.congress.gov/img/member/b001182_200.jpg)