United States · United States Congress · 13 April 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by establishing and operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the exclusive right to the name "National Opportunities Camps."
United States · United States Congress · 13 April 1976
Amends the Privacy Act of 1974 with respect to records maintained on individuals to require Federal agencies to correct, expunge, update, or supplement portions of records on any individual upon request by such individual. Requires such agency to inform each person (1) whose correspondence has been intercepted or examined, (2) who is the subject of a file of CHAOS, COINTELPRO, or "The Special Service Staff" of the Internal Revenue Service, or (3) who is named in an index of such organizations, that such records exist; to inform each person of such person's rights under the Privacy Act of 1974; and to permit such person to require destruction of such file or index.
United States · United States Congress · 8 April 1976
Amends the Federal Aviation Act of 1958 to prohibit the Secretary of Transportation and the Administrator of the Federal Aviation Administration from authorizing, except for emergency purposes, the entrance into or operation within the United States of any civil supersonic aircraft engaged in commercial service which generates noise in excess of the level prescribed for new subsonic aircraft.
United States · United States Congress · 8 April 1976
Title I: Foreign Boycotts - Foreign Boycotts Act - Makes it the policy of the United States to oppose, under the provisions of the Export Administration Act, restrictive trade practices or boycotts imposed by foreign countries against any domestic concern of the United States. Provides for the promulgation of rules by the Secretary of Commerce to require that any domestic concern which receives a request for the furnishing of information on the signing of agreements which have the effect of furthering or supporting restrictive trade practices or boycotts by foreign countries to transmit to the Secretary a report stating specified information. Authorizes the Secretary to impose a civil penalty of up to $10,000 for violations of the requirements of this Act. Title II: Disclosure - Domestic and Foreign Investment Improved Disclosure Act - Requires notification, under the Securities Exchange Act of 1934, by any investor of a proposed acquisition of more than five percent of the equity securities of any United States companys, within ten days after such acquisition, to the issuer of the security, the exchange where it is traded, and the Securities and Exchange Commission. Sets forth requirements for the statement to be filed with the Commission including: (1) the background, identity, residence, and nationality of such owner and any other person on whose behalf the purchases are to be effected; (2) the source and amount of the funds or other consideration used in making the purchase; (3) the purpose of the acquisition; and (4) the number of shares which are beneficially owned. Grants the Commission authority to seek injunctive relief as it deems necessary and appropriate to secure compliance with this Act.
United States · United States Congress · 7 April 1976
Local Public Works Capital Development and Investment Act - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to any State or local government for local public works projects, including but not limited to: (1) those public works projects of State and local governments for which Federal financial assistance is authorized under provisions of law other than this Act; and (2) the architectural design, engineering, and related planning of local public works projects. Stipulates that the Federal share of any project for which a grant is made under this Act shall be 100 percent of the cost of such project. Authorizes the Secretary to make an additional grant for the purpose of increasing to 100 percent the Federal contribution to a public works project for which Federal financial assistance is authorized under provisions of law other than this Act. Stipulates that no such grants shall be made for any project which has as its principal purpose the channelization, damming, dredging, or diversion of a natural watercourse, or the enlargement of any canal other than a canal designated as a historic site. Directs the Secretary to prescribe rules, regulations, and procedures necessary to carry out this Act. Lists factors that the Secretary shall consider in accordance with the relative needs of the various sections of the country, with priority consideration to those areas where unemployment exceeds the national average. Stipulates that not less than one-half of one percent nor more than ten percent of all amounts authorized under this title shall be allocated for local public works projects within any one State. Authorizes the appropriation of $2,500,000,000 through fiscal year 1977 in order to carry out this Act.
United States · United States Congress · 7 April 1976
Provides that the Secretary of the Interior shall permit the National Committee of American Airmen Rescued by General Mihailovich to construct and maintain a monument to General Draza Mihailovich, in recognition of the role he played in saving the lives of approximately 500 United States airmen in Yugoslavia during World War II. Directs that the monument shall be located on public land within the District of Columbia, according to plans approved by the National Capital Planning Commission, the Fine Arts Commission, and the Secretary. Provides that private funds shall be the sole source for the construction and maintenance of such monument.
United States · United States Congress · 7 April 1976
Electric Utility Rate Reform and Regulatory Improvement Act - Title I: General Provisions -- Declares it the purpose of this Act to reform inequities in the structure of electric utility rates. Title II: Utility Rate Reform - Defines terms as used in this title. Limits applicability of this title to sales of electric energy for purposes other than resale by an electric utility, where sales by such utility for purposes other than resale exceed 200 million kilowatt-hours during the second preceding calendar year. Imposes national minimum standards on utility rate structures, to be enforced by State regulatory authorities. Prohibits rate structures which allow lower rates for increased consumption without a showing that such lower rates actually reflect decreased costs. Eliminates price differentials for residential users of subsistence quantities of electricity, unless the Governor of the State has determined that an adequate alternative means to alleviate the burden to low-income residential consumers has been implemented. Stipulates that promotional and advertising costs may not be treated by a utility as an operating expense for purposes of rate determination. Requires evidentiary hearings by regulatory authorities on proposed rate increases. Limits the amount of actual increases pursuant to an automatic adjustment clause which may become effective without such a hearing. Requires that regulatory authorities annually review existing utility rate schedules. Authorizes State regulatory authorities to prescribe variances upon application by individual electric consumers unduly hardshipped by rate schedules. Directs State authorities to prescribe load management techniques to reduce maximum kilowatt demand on electric utilities. Establishes procedures to be followed in determining marginal costs of service to electric consumers. Establishes an Electric Utility Rate-making Assistance Office in the Federal Energy Administration to provide information and assistance with respect to ratemaking policies and procedures established by this Act. Title III: Economic Regulation of Bulk Power Supply - Amends the Federal Power Act to require that public utilities make new, increased, or retired capacity in bulk power facilities available to others engaged in the sale or transmission of electric energy in the same geographical area. Establishes additional requirements and procedures to insure continuation of service in cases of anticipated deficiencies in the available supplies of electric power. Requires that the Federal Power Commission hold evidentiary hearings on proposed rate increases. Limits the amount of actual increases pursuant to an automatic adjustment clause which may becomes effective without such a hearing. Requires the establishment of an Office of Public Counsel in the Federal Power Commission for the purpose of adequate representation of consumer interests before the Commission. Authorizes the appropriation of $500,000 for fiscal year 1978 and $2,000,000 for fiscal year 1979 to such Office. Authorizes the Commission to pay reasonable fees to certain participants in evidentiary hearings, not to exceed $1,000,000 for all such persons in any fiscal year. Directs the Commission to prescribe minimum standards to assure a reliable supply of electric energy. Requires electric utilities to develop a quality control program to assure compliance with such reliability standards. Directs the Commission, upon consultation with the Federal Trade Commission, to study the desirability and means of increasing competition within the electric utility industry. Directs the Administrator of the Energy Research and Development Administration to conduct a study on the feasibility of generating electricity near the place of consumption. Title IV: Financial Assistance to State Regulatory Authorities - Authorizes the Electric Utility Ratemaking Assistance Office (established by title II of this Act) to make grants to State regulatory authorities for the following purposes: (1) to increase the quantity and quality of State regulatory staff; (2) to establish programs to meet Federal consumer representation requirements; and (3) to demonstrate innovative rate structures. Prescribes criteria on the allotment of funds to the States. Authorizes the appropriation of $30,000,000 in any fiscal year for grants to improve staffing. Authorizes the appropriation of $5,000,000 for grants for consumer representation, and $5,000,000 for grants for rate structure innovation. Title V: Coordination of Planning and Siting of Bulk Power Facilities - Requires that electric utilities which control bulk power facilities prepare an annual long-range plan for the use of each such facility. Establishes areawide planning councils to review such plans and submit area plans for bulk power facilities to the Commission. Directs the Chairman of the Federal Power Commission to supervise the overall approval process for the siting of bulk power facilities. Establishes procedures to assist in coordinating the Federal approval process.
United States · United States Congress · 6 April 1976
Amends the Internal Revenue Code to increase the percentage standard deduction to an amount equal to 20 percent of adjusted gross income but not to exceed (1) $3,000 in the case of a joint return or a surviving spouse, (2) $2,500 in the case of an unmarried individual, or (3) $1,500 in the case of a married individual filing a separate return.
United States · United States Congress · 6 April 1976
Solid Waste Energy and Resource Recovery Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency: (1) to assist with research projects for the development of pilot plant facilities for the purpose of investigating new fuels, recovery methods, or technology; (2) to conduct demonstrations of new methods and technology; and (3) to test and evaluate such pilot plants and demonstration projects. Directs the Administrator to establish a program for the collection and dissemination of information to assist Federal, State, interstate, regional, and local agencies in planning and building solid waste collection, recycling and recovery facilities. Sets forth specific areas to be covered by such program. Directs the Administrator to make grants to State, interstate, municipal and intermunicipal agencies for: (1) the implementation of solid waste management plans and planning programs; (2) the development and revision of solid waste disposal plans as part of regional environmental protection systems; (3) the development of interlocal regions and establishment of regional agencies; (4) the development of proposals for various projects; and (5) the planning of programs for the removal and processing of abandoned motor vehicle hulks. Authorizes the Administrator to impose conditions consistent with the purposes of this Act upon such grants. Limits the amount of available Federal assistance to 85 percent of the total cost. Authorizes the Administrator to guarantee loans incurred by State, regional, or local government agencies to finance the construction of large-scale fuel, energy, or resource recovery facilities. Limits the total outstanding indebtedness allowed under this Act to $75,000,000. Sets forth procedures for applying for loan guarantees under this Act. Authorizes the Administrator to make grants to a State, regional authority or local government agency for the construction, operation, or maintenance of fuel, energy, and resource recovery facilities when such facilities cannot be financed by any other means. Limits the amount of each grant to 25 percent of the total cost of the project. Authorizes the appropriation of the following amounts for solid waste research and development and for grants for energy and resource recovery programs: $65,000,000 for the fiscal year ending June 30, 1977; $17,000,000 for the transitional period ending September 30, 1977; and $70,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for State, interstate, and local planning: $35,000,000 for fiscal year 1977; $9,000,000 for the transitional period; and $45,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for construction of facilities: $40,000,000 for fiscal year 1977; 12,000,000 for the transitional period; and $60,000,000 for fiscal year 1978.
United States · United States Congress · 5 April 1976
Amends the Tariff Schedules of the United States to require proof of automobile property and personal liability insurance on automobiles imported for the personal use of nonresidents and foreign government personnel, in an amount equal to the minimum insurance requirements in those States in which the vehicle will be operated. Directs the Secretary of the Treasury to forward identifying information on such vehicles to the Secretary of Transportation who shall forward such information to the appropriate State agency responsible for motor vehicle registration. Excludes from such requirements automobiles which will be in the United States for not more than 30 days. Requires importers of automobiles so excluded to forward the required information to the nearest customs officer in the event the vehicle remains in the country for 40 days. Authorizes the Secretary of the Treasury to impose a fine of $5,000 upon violators of this Act who had no notice of such requirements. Sets forth penalties of $5,000 or imprisonment for not more than one year, or both, for knowingly failing to furnish information required under this Act.
United States · United States Congress · 5 April 1976
Energy Conservation Research and Development Act - Declares it the purpose of this Act to establish an energy conservation program through the development of new technologies designed to reduce consumption by small energy consumers and organizations that influence energy consumption. Title I: State Energy Conservation Research and Development Institutes - Authorizes the Administrator of the Energy Research and Development Administration to assist the States in establishing and operating energy research, development and demonstration institutes. Authorizes the expenditure of additional funds to the institutes for special projects which would not otherwise be undertaken, provided such funds are matched on a dollar-for-dollar basis by non-Federal sources. Lists requirements and qualifications for such institutes. Authorizes the Administrator to establish additional rules and regulations, and to encourage cooperation between the institutes and other organizations. Directs the Administrator to submit an annual progress report to Congress with regard to projects financed under this title. Title II: Cooperative Energy Conservation Extension Service - Directs the Administrator to submit to Congress a cooperative energy conservation plan, including the creation of a Cooperative Energy Conservation Service. Details requirements for such a plan, including a list of services to be offered by the Conservation Service. Requires congressional action before the plan becomes finalized. Title III: Authorizing Appropriations - Authorizes the appropriation of $100,000 to each State for the establishment of the institutes during fiscal year 1977. Authorizes $250,000 to each State for each of the fiscal years 1978 through 1980, inclusive, for such purposes. Authorizes the appropriation of the following sums for special energy conservation projects of such institutes: $5,000,000 for fiscal year 1977, $6,000,000 for fiscal year 1978, $7,000,000 for fiscal year 1979, and $7,500,000 for fiscal year 1980. Authorizes the appropriation of $5,000,000 for each of fiscal years 1977 and 1978, for the establishment of the Cooperative Energy Conservation Extension Service.
United States · United States Congress · 1 April 1976
Increases by $2,500,000,000, the amount authorized to be appropriated for long-term direct loans to nonprofit sponsors for construction of housing for the elderly and the handicapped.
United States · United States Congress · 1 April 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by establishing and operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the exclusive right to the name "National Opportunities Camps."
United States · United States Congress · 29 March 1976
Establishes in the House of Representatives the Select Committee on Nuclear Proliferation and Nuclear Export Policy. Directs the Committee to conduct a full and complete study of: (1) the threat of nuclear proliferation; (2) the present policies of the United States concerning nuclear proliferation; (3) the decisionmaking process within the executive branch on nuclear export policies; and (4) any related areas which the committee deems necessary to investigate and study to discharge its responsibilities. Directs the committee to report to the House as soon as practicable the results of its investigation and study, together with such recommendations as it deems advisable.
United States · United States Congress · 25 March 1976
Amends the Tariff Schedules of the United States to repeal the duty imposed on articles assembled abroad with components produced in the United States.
United States · United States Congress · 25 March 1976
Provides an additional twenty-six weeks of unemployment benefits (presently limited to twenty-six weeks) under the Emergency Unemployment Compensation Act of 1974.
United States · United States Congress · 25 March 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the sole and exclusive right to the name "National Conditioning Camps." Requires the corporation to submit annual reports to Congress on its activities.
United States · United States Congress · 24 March 1976
Authorizes the Secretary of the Treasury to reimburse State and local governments for expenditures made at the request of the United States Secret Service for the protection of any person the Service is authorized to protect.
United States · United States Congress · 23 March 1976
Stipulates that no rule or regulation which is issued pursuant to the Food Stamp Act of 1964 and which is to become effective after February 13, 1976, shall become effective until the enactment of legislation after the date of enactment of this Act with respect to the eligibility and purchase requirements of persons receiving benefits under the Food Stamp Act of 1964.
United States · United States Congress · 22 March 1976
Declares that the purpose of this Act is to encourage colleges and universities to develop programs that give their students an opportunity to gain an appreciation of international problems and ideas by providing financial assistance for students participating in such programs. Directs the Secretary of State to provide funds to institutions of higher education for stipends to students participating in international internships for travel expenses and additional stipends for such students for living expenses if such student demonstrates financial need. Directs that an institution may grant any such stipend to a student who: (1) is pursuing a course of full-time study at the junior or senior level of undergraduate school, or is a graduate student; (2) possesses academic excellence and knowledge of a foreign language; (3) has been placed in an international internship relevant to the student's course of study; (4) has agreed to participate in such internship for not less than three months and not more than one year; and (5) has been fully insured by the institution against expenses incurred by illness or accident during such internship. Sets forth the basis on which sums appropriated for such grants shall be allotted to the States. Authorizes security investigations of students receiving stipends under this Act where such investigation is a precondition to service with the international organization supervising such student. Requires the Secretary to submit annual reports to Congress of the activities carried out and expenditures made in furtherance of the purposes of this Act.
United States · United States Congress · 22 March 1976
Authorizes the Administrator of Veterans' Affairs to make expenditures to correct serious structural defects in dwellings securing loans guaranteed or insured by the Administrator if the defect is one that existed on the date of issuance of the loan and is one that a proper inspection could reasonably be expected to disclose (presently, the dwellings must have been actually inspected by either the VA or FHA during construction). (Amends 38 U.S.C. 1827(a)).
United States · United States Congress · 22 March 1976
Creates a nine member House Select Committee on the Fiscal Problems of Cities. Directs the committee to conduct a study to identify the nature and causes of problems afflicting large cities which face severe fiscal imbalance. Provides that consideration shall be given problems which contribute to the financial plight of cities, including: (1) net outmigration of population; (2) decline in employment opportunities; (3) adverse city/suburban relationships; (4) cost of public services; (5) rising crime rates; (6) lack of new investment in housing; and (7) racial, ethnic, and economic segregation. Calls upon the committee to develop a policy regarding the appropriate role of various levels of government in the solution of such problems. Requires the committee to evaluate the consequences of, and coordination among, existing Federal policies and programs which relate to the major problems identified by the committee. Directs the committee to formulate specific recommendations regarding Federal legislation and executive administrative action for modifications of or alternatives to present Federal programs.
United States · United States Congress · 18 March 1976
Amends the National Housing Act to authorize expenditures by the Secretary of Housing and Urban Development for repair of major structural defects which create a serious danger to the life and safety of inhabitants of any one-, two-, three-, or four-family dwelling covered by any mortgage insured by the Federal Housing Administration.
United States · United States Congress · 18 March 1976
Establishes a Bureau of Agricultural Statistics within the Department of Agriculture. States that the Bureau shall obtain information with regard to: (1) the prices received by producers and processors of agricultural commodities; and (2) the wholesale and retail prices of food. Directs the Bureau to issue a report to the Congress containing a summary of such information and recommendations for legislation to provide lower retail prices when the prices received by producers of any agricultural commodity are decreasing or remaining constant and the retail prices of food made from such commodity are increasing. Places such Bureau under the direction of a Commissioner of Agricultural Statistics to be appointed by the President. Directs such Commissioner to recommend to Congress legislation providing any mandatory reporting requirement the Commissioner deems necessary to carry out the provisions of this Act.
United States · United States Congress · 18 March 1976
Directs the President to express the request of the United States Government that the Government of the Union of Soviet Socialist Republics provide Valentyn Moroz with the opportunity to accept the invitation of Harvard University to join the Harvard Ukrainian Research Institute for the 1976-77 academic year.
United States · United States Congress · 16 March 1976
Radiation Health and Safety Act - Amends the Public Health Service Act to direct the Secretary of Health, Education, and Welfare to develop and issue to the States criteria and minimum standards for the accreditation of educational institutions conducting programs for the training of radiologic technologists and minimum criteria for educational institutions conducting programs for the training of medical and dental practitioners. Directs the Secretary to develop and issue to the States criteria and minimum standards for licensure of radiologic technologists. Directs that State and local governments be encouraged to minimize exposure of the public to ionizing from all sources, and establishes procedures for the adoption of appropriate standards. Allows the Secretary to make grants to States in an amount up to two-thirds of the first year and one-third of the second year costs of planning, developing, or establishing programs to carry out the provisions of this Act. Prohibits conducting activities contrary to this Act and subjects violators to a civil penalty of not more than $1,000. Requires the Secretary to submit to Congress an annual report evaluating the implementation of this Act and making recommendations for legislation.
United States · United States Congress · 15 March 1976
Federal Criminal Law Revision and Constitutional Rights Preservation Act - Title I: Codification, Revision, and Reform of Title 18 Part I; General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act. Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction. Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind. Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as an agent for an organization, as an organization for an agent, and for criminal facilitation. Chapter 5: Bars and Defenses - Stipulates that the bars and defenses to prosecution set forth in this chapter are not exclusive except as specified. Allows additional bars and defenses to be developed by the courts. Bars prosecution, when time limitations have run, when the subject is less than 16 years old, and in cases of unlawful entrapment. Sets forth situations in which a single prosecution is required for two or more offenses. Stipulates that former prosecution for the same offense and for a different offense shall be a bar to prosecution in circumstances specified in the Act. States that former prosecution in another jurisdiction may act as a bar to prosecution. Bars subsequent prosecution by a State in specified situations. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication. Establishes, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendant, at the time of such conduct, as a result of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the conduct in question or to conform such conduct to the requirements of law. Specifies that "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Defines additional defenses, including duress, protection of persons, protection of property, use of force to make an arrest, and official misstatement of law. Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them. Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, such person intentionally engages in conduct that, in fact, constitutes a substantial step toward commission of the crime. Makes a person guilty of criminal conspiracy if such person agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and one or more of such persons, with intent to effect any objective of the agreement, engages in any conduct which substantially tends to effect such objective. Prohibits any person from being charged both with conspiracy to commit a crime and with the substantive offense itself. Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, and engaging in para-military activity. Defines sabotage and related offenses, including violating an emergency regulation; evading military or alternative civilian service; obstructing military recruitment of induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing classified national defense information for use by a foreign nation to injure the national defense, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses. Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transactions. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, unlawfully employing an alien, and fraudulently acquiring or improperly using a passport. Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government function, including impersonating an official, and misusing governmental authority. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding. Makes a person guilty of the offense of tampering with a witness or an informant if such person uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning such individual to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) be absent from an official proceeding to which such individual has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense. Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order. Makes a person guilty of criminal contempt if such individual: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction. Defines perjury, false swearing, making a false statement, and tampering with a government record, information disclosure, and nonelected public servant making a false statement. Defines offenses involving official corruption and intimidation, including briberty, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant. Makes a person guilty of the offense of trading in special influence if such individual: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to taking an official action or performing a legal duty as a public servant. Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. Stipulates, regarding the offense of tax evasion, that a person is guilty of an offense if he, with intent to evade liability for a tax or the payment of a tax: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; or (5) otherwise acts in any manner to evade liability for, or payment of, the tax. Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property. Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because such person exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States. Makes a person guilty of an offense if, by force or threat of force such person intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings. Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a Federal public servant or in a Federal building; making a political contribution as a foreign national; or making an excess campaign expenditure. Stipulates, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, such person: (1) engages in conduct constituting a crime under this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution. Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. Stipulates, regarding the offense of eavesdropping, that a person is guilty of an offense if such person intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1). Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if such person: (1) engages in conduct that knowingly causes the death of another person; (2) engages in conduct that causes the death of another person under circumstance in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that is commited either alone or with one or more other participants, such individual or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense. Makes a person guilty of the offense of manslaughter if such individual: (1) engages in conduct that causes the death of another person; or (2) engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder. Makes a person guilty of negligent homicide if such person engages in conduct that negligently causes the death of another person. Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. Stipulates, regarding the offense of rape, that a person is guilty of an offense if such individual engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old. Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses, including environmental spoilation and failure to prevent catastrophe; (2) burglary and other criminal intrusion offense; (3) robbery, extortion, and blackmail; (4) theft and related offenses including consumer fraud; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. Stipulates that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate. Defines drug offenses including trafficking in an opiate, trafficking in drugs other than marihuana, trafficking in marihuana, possessing drugs and violating a drug regulation. Makes a person guilty of trafficking in marihuana if such person distributes marihuana to an individual who is less than 18 years old. Makes the possession of marihuana punishable by a fine or $100. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, such person engages in violent, tumultuous, or threatening conduct. Makes it an offense for a Federal public servant acting in official capacity to induce or encourage another person to engage in conduct constituting an offense by either making knowingly false representations designed to induce the belief that such conduct is not prohibited or by employing methods of persuasion which create a substantial risk that an offense will be committed by persons other than those who are ready to commit it. Part III: Sentences - Chapter 20: General Provisions - Requires that an individual found guilty of an offense be sentenced to probation, a fine, a term of imprisonment, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Outlines the areas which must be considered in such report. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists. Permits the courts to require those convicted of offenses to notify the class of persons affected by the conviction. Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Establishes authorizes terms of probation for each class of offense. Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines. Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses including 15 years for a class A felony, seven years for a class B felony, and four years for a class C felony. Sets forth factors to be considered in imposing terms. Requires that multiple sentences run concurrently unless the court specifies consecutive running, based upon a list of considerations. Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the Department of the Interior to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information. Chapter 31: Ancillary Investigate Authority - Stipulates that, if a person refuses, on the basis of the privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court or grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which such person may testify, or produce evidence, provided however that no person may be compelled to testify or to produce a record, document, or other object if a refusal to do is on the basis of the privilege against self-incrimination. Authorizes the district court upon application of the United States attorney to issue an order of immunity for a person who has been or may be subpoenaed to testify or to produce a record, or document. Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature. Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense. Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form. Reguires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime. Allows extradition to be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title. Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable. Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government. Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States. Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge. Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense. Allows an offense begun in one judicial district and completed in another, or commited in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed. Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Requires the establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and the establishment of Community Defender Organizations, to consist of nonprofit defense counsels. Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Directs that persons charged with non-capital offenses be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond. Allows appeal from a denial of release. Chapter 36: Disposition of Juvenile or Incompetent Offenders - Directs the Attorney General to forgo prosecution and surrender an arrested juvenile to State jurisdiction unless, after investigation, the Attorney General certifies that the State - (1) will not assure jurisdiction over the person; or (2) does not have available programs and services adequate for the needs of the juvenile. Establishes guidelines for the surrender of a person between the age of 18 and 21 years arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Allows a juvenile to be proceeded against only by information, and directs that no criminal prosecution may be instituted for the offense charged. Stipulates that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place the jurvenile on probation as specified or commit the juvenile to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near the individual home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure. Allows subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion to be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering such defendant mentally incompetent to the extent of being unable to understand the nature of the proceedings or to assist properly in the defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense. Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress. Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences. Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Decribes their duties. Allows a probationer who is alleged to have violated a condition of probation to be ordered to appear at a hearing before the court having jurisdiction over him. Permits that persons found guilty of drug offenses, with no prior drug convictions, to be placed on probation for one year without the entering of a judgment of conviction. Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined. Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishment of family ties and specified employment situations, under which a prisoner can obtain temporary releases. Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Requires a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Directs that rules and regulations necessary for the administration of the provisions of this chapter be promulgated in accord with the Administrative Procedure Act. Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows intiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title. Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering. Chapter 41: Ancillary Private Civil Remedies - Stipulates that a person injured in his business or property by reason of a racketeering offense has a civil cause of action in district court to recover three times the damages sustained and litigation costs. Establishes civil remedies for persons whose oral communications are illegally intercepted. Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation. Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - Requires that these rules be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants. Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. Enumerates the conditions under which a preliminary examination shall be held for the finding of probable cause. III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. Permits disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror to be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court. Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court. Prescribes the use of indictments and information, including their contents and forms. Describes the conditions under which joinder of offenses and defendants will be permitted. IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment of information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted. Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement. States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure. Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas. V. Venue - Stipulates that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial. VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties. Prescribes procedures for jury examination and challenges. Allocates the burdens of proof for offenses, defenses, affirmative defenses, and for jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place. Makes rules for closing arguments, instructions, and verdicts. VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Requires that a judgment of conviction set forth the pleas, the verdict or findings, and the adjudication and sentence. Sets forth conditions allowing a new trial. VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken. IX. Supplementary and Special Proceedings - Sets forth conditions and procedures for removal to another district. Details, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted) and the nature of the return. Prescribes rules for disposition of criminal contempt. X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title. Rules of Procedures for the Trial of Minor Offenses Before United States Magistrates - Declares that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Stipulates that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure. Sets forth such rules covering scope, minor offenses other than petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court.
United States · United States Congress · 11 March 1976
Authorizes the nonrecognition of gain or loss, under the Internal Revenue Code, on the transfer of rail properties or stock or securities of a transferor railroad corporation to the Consolidated Rail Corporation pursuant to an order under the Regional Rail Reorganization Act to carry out the final system plan, in exchange solely for stock of the Consolidated Rail Corporation and certificates of value of the United States Railway Association. Prohibits the carryover of any net operating loss of a transferor corporation to the Consolidated Rail Corporation. Makes technical and conforming amendments.
United States · United States Congress · 11 March 1976
Replaces Federal criminal statutory provisions penalizing "rape" and "carnal knowledge of females under 16" with provisions penalizing "sexual assault." Designates guilty of sexual assault any person who knowingly engages in sexual contact or penetration of another person without such person's consent. Imposes penalties for sexual contact or penetration of any person who has not attained the age of 18, notwithstanding such person's consent. Sets forth penalties for such assault according to specified criteria, including the consideration of aggravating factors. Specifies procedures for medical examination of alleged victims of offenses under this Act. Prohibits the introduction of evidence of the victim's prior sexual activity unless the court determines after an in camera hearing that the evidence is relevant and material and does not constitute an unnecessary invasion of privacy. (Amends 18 U.S.C. 2031-35)
United States · United States Congress · 11 March 1976
Revises the Internal Revenue Code to provide that the allowable dollar amount of the tax deduction taken for a charitable contribution which is of a musical, artistic, or similar nature shall be the fair market value of such property at the time of contribution.
United States · United States Congress · 3 March 1976
National Mental Health and Disability Advocacy Services Act - Declares it the policy of Congress that persons facing involuntary commitment to a mental or geriatric care facility be given the benefit of due process of law, including but not limited to the right of counsel, in all court and administrative proceedings. Entitles persons so committed seeking release or those alleging deprivation of any constitutional or statutory right to the same safeguards. Requires that an ombudsperson system, to help solve patients' problems which do not involve litigation but necessitate aid, advice, or counseling, be provided and be accessible to all clients of any mental or geriatric care system. Establishes, under the Community Mental Health Centers Act, an Office of Mental Health and Disability Advocacy Services, directing that such Office and the National Institute of Mental Health shall actively seek areas for cooperation in education, training, program, policy and service development, and other related matters. Instructs the Office to enter into contracts with States to assist them in meeting the costs of establishing and maintaining a program of mental health advocacy services, each such program to be under the supervision of a State coordinator. Restricts the amount of any contract entered into to 75 percent of the costs of the program involved. Forbids entering into a contract until it has been submitted to and approved by the Director of the Office. Instructs the State coordinator to set up an office to administer the State program, and directs such office to attempt to establish internship programs with local law schools, graduate schools of social work or psychology, and undergraduate departments of social work or psychology. Grants such office the authority to bring and defend against civil actions for and on behalf of individuals (and classes of individuals) receiving services within the mental health or geriatric care system of the State. Requires that the State program include a mental health, retardation, and geriatric system ombudsperson and that each applicable State facility have its own ombudsperson who reports to the State ombudsperson. Imposes duties and grants specified powers to ombudspersons. Prohibits any State from receiving assistance under the Community Mental Health Centers Act unless such State has established and maintains a mental health advocacy services program. Defines terms used in this Act.
United States · United States Congress · 2 March 1976
Authorizes regulated investment companies, under the Internal Revenue Code, to pay exempt-interest dividends in an amount up to 90 percent of the excess of its tax-exempt interest without affecting its tax-exempt status. Allows shareholders to treat such exempt-interest dividends as excludable from gross income. Disallows that portion of the deduction for expenses and interest relating to tax-exempt income which the amount of such company's exempt-income bears to its gross income.
United States · United States Congress · 2 March 1976
Amends the Tariff Schedules of the United States to repeal the duty imposed on articles assembled abroad with components produced in the United States.
United States · United States Congress · 26 February 1976
Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for relief and rehabilitation of refugees and other needy people of Lebanon. Requires that such assistance be distributed, to the maximum extent practicable, under the auspices of the United Nations.
United States · United States Congress · 26 February 1976
Nuclear Energy Reappraisal Act - Directs the Nuclear Regulatory Commission to cease the granting of licenses or construction authorizations for nuclear fission powerplants pending the outcome of a comprehensive study by the Office of Technology Assessment. Continues such termination until Congress determines that safety and environmental hazards have been adequately studied and that nuclear fission plants are clearly superior to other energy sources. Authorizes a resumption of licensing under limited conditions which shall be specified by Congress. Requires a five-year independent study of the nuclear fuel cycle by the Office of Technology Assessment. Empowers the Office to compel delivery of any information necessary for conducting such study. Directs all government agencies to cooperate fully with the Office. Requires the preparation of a final report with recommendations at the end of five years and annual progress reports. Requires the following specific issues to be considered in the final report: (1) safety and environmental hazards, including an analysis of reported malfunctions; (2) genetic effects of low level radiation; (3) economic implications of a long-term nature; (4) proliferation dangers; (5) economical and technical capabilities of utilities; and (6) licensing procedures of past regulatory agencies. Stipulates that existing nuclear fission powerplants shall operate at less than licensed core power level and be annually derated should Congress fail to determine that the licensing of fission plants may continue after conclusion of the study. Authorizes the appropriation of $15,000,000 per year for each of the five fiscal years following the date of enactment of this Act.
United States · United States Congress · 26 February 1976
Energy Research and Development Free Enterprise Act - Title I: Findings, Definitions, and General Provisions - Declares that it is the policy of the Congress that small business concerns and individual inventors should be provided greater opportunities by the Federal Government in the development of energy resources and technology, with special emphasis on solar energy technology and to expand competition and reduce concentration in the energy industries of the Nation. Amends the Energy Reorganization Act of 1974 and the Federal Nonnuclear Energy Research and Development Act of 1974 to offer increased opportunities in Federal energy development programs to small business concerns and individual inventors. Title II: Energy Program Reorganization - Amends the Energy Reorganization Act of 1974 to establish within the Energy Research and Development Administration five additional Assistant Administrators for: (1) small business concerns and individual inventors; (2) planning and analysis; (3) laboratory and field coordination; (4) administration; and (5) international affairs. Requires that no less than 50 percent of the total amount of funds for solar energy technology programs and no less than 20 percent of the total amount of funds for all areas of energy technology be made available to small business concerns and individual inventors. Limits the awarding of energy program contracts to situations where the financial capabilities of non-Federal entities are inadequate to develop such technology without Federal assistance. Authorizes appropriations of $2,000,000 for fiscal year 1976 and each fiscal year thereafter to the Administrator of the Small Business Administration in order to provide consultation services for the preparation of contract proposals by small businesses and individual inventors. Title III: Encouragement of Competition in Energy Programs - Directs the Administrators of the Energy Research and Development and the Small Business Administrations to provide detailed information to potential participants in energy programs. Directs the Administrator of the Energy Research and Development Administration to refrain from awarding contracts which will have an adverse impact on industry or market competition. Directs the Attorney General and the Federal Trade Commission to recommend criteria to the Administration upon which to make such a determination. Prohibits the entering into of any energy contract to any person who has an interest in delaying completion of the contract or altering any research findings in the performance of such contract. Requires the Administrator to transmit to the Attorney General a copy of the proposed contract if the profitmaking enterprise has gross assets exceeding $250,000,000. Prohibits the Administrator from awarding a contract to such an enterprise until the Attorney General's opinion is received. Establishes procedures and requirements for the disclosure of information relating to the awarding of contracts by the Administrator and by program participants. Imposes a fine of $20,000, or the amount of the contract, whichever is greater; and/or imprisonment of up to two years for participants who transmit false, fictitious, or fradulent information.
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 · 26 February 1976
Directs the House Committee on Public Works and Transportation to convene a full scale investigation into the entire process surrounding Secretary of Transportation William Coleman's decision to grant the Anglo-French Concorde landing rights at John F. Kennedy Airport and at Dulles International Airport.
United States · United States Congress · 25 February 1976
Prohibits the manufacture, sale, distribution in commerce, and importation of specified electric weapons until the Consumer Product Safety Commission: (1) determines that each such weapon does not present an unreasonable risk of injury, or (2) promulgates a consumer product safety standard. Subjects knowing violators of this Act to a civil penalty not to exceed $2,000 for each violation. Declares that a separate offense exists with regard to each weapon involved, restricting the maximum penalty to $500,000 for any series of violations occurring within six months of the first violation.
United States · United States Congress · 25 February 1976
Amends the Interstate Commerce Act to prohibit a pipeline company engaged in the transportation of oil from transporting any oil through its pipelines if that company has an interest in such oil.
United States · United States Congress · 25 February 1976
Amends the Small Business Act to revise the eligibility requirements for small business home-building firms for assistance under the Act. Stipulates that determinations by the Small Business Administration of the reasonable assurance of repayment of prospective loans shall be made on a case- by-case basis.
United States · United States Congress · 24 February 1976
Provides for the disposal under the Federal Property and Administrative Services Act of 1949 of surplus real property at not less than 25 percent of fair market value to States and their political subdivisions, agencies, and instrumentalities for economic development purposes where such areas meet special needs arising from actual or threatened severe unemployment arising from the closing of Federal facilities.
United States · United States Congress · 24 February 1976
Authorizes and requests the President to issue a proclamation designating the week beginning on November 7, 1976, as "National Respiratory Therapy Week".
United States · United States Congress · 23 February 1976
Amends the Federal Power Act to require that rate increases for the interstate sale of electricity may not be granted until public hearings on such increases have been completed by the Federal Power Commission. Requires 30 days' notice of all rate changes by a public utility to the Federal Power Commission and to the public.
United States · United States Congress · 19 February 1976
Adds to the Elementary and Secondary Education Act of 1965 "Title X-Emergency Education Revenue Act". Authorizes the appropriation of such sums as may be necessary to carry out this Act in fiscal years 1976 and 1977. Authorizes the Secretary of Health, Education, and Welfare to make grants to a local education agency which demonstrates that: (1) for bona fide budgetary reasons it has been forced to reduce the expenditure of funds for essential elementary and secondary education services, making it impossible to maintain such services at a quality level; and (2) that it or the local government unit responsible for providing its revenues has made bona fide efforts to raise the revenue necessary to support essential elementary and secondary educational services and maintain quality education. Makes financial assistance under this Act available for essential elementary and secondary educational services, programs, and projects of the local education agency which had been funded by such agency previously and which the Secretary determines are essential for providing quality elementary and secondary educational services. Requires any local education agency desiring to receive assistance under this Act to submit to the Secretary an application in such form and containing such information as the Secretary shall require by regulation. Permits the Secretary to approve such application only if assurances are given that the State shall not reduce the amount of State aid with respect to the provision of free public education in any school district of any local education agency because of assistance given under this Act.
United States · United States Congress · 19 February 1976
Internal Revenue Administration Act - Establishes the Internal Revenue Administration in the executive branch of the Federal Government for the purpose of administering and enforcing the Internal Revenue Code. Prescribes the terms and conditions of office for the Administrator of the Internal Revenue Administration. Transfers all present functions, instructions, rules, or regulations which were promulgated or administered by the Secretary of the Treasury of his delegate with respect to the enforcement of the Internal Revenue Code, to the Internal Revenue Administration.
United States · United States Congress · 19 February 1976
Adoption Opportunities Act - Title I: National Registry of Adoptable Children - Directs the Secretary of Health, Education, and Welfare to establish and maintain a National Registry of Adoptable Children. Requires that the Registry contain statistics on the numbers of adoptable children in the United States. Directs the Secretary to conduct a continuing national survey to develop and keep current such statistics, and to publish the Registry or make it as widely available as possible. Title II: National Data Bank of Adoption Information and Resources - Provides that the Secretary shall establish and maintain a National Data Bank of Adoption Information and Resources to assist individuals desiring to adopt children. States that the Bank will provide prospective parents with current information on pre-adoption, adoption, and post-adoption costs, and with information on adoption agencies and their services. Requires the Secretary to conduct a continuing national survey to keep the Bank's information current. Title III: Requirements Applicable to Certain Child Related Programs - Subjects specified Social Security programs or projects to whatever requirements the State, in accordance with regulations prescribed by the Secretary, establishes for the purpose of: (1) insuring that adoption agencies which indirectly or directly federally funded are associated with an adoption service, are conducting an annual review of the status of each child under its care, and are having their expenditures periodically evaluated; (2) licensing all foster care homes in which agencies place children; and (3) promoting and administering State and local programs designed to make children under agency care legally free for adoption by qualified parents. Directs the Secretary to provide for periodic evaluation of State and local programs to insure compliance with this Act.
![Official portrait of Rep. Helstoski, Henry [D-NJ-9]](https://www.congress.gov/img/member/h000465_200.jpg)