United States · United States Congress · 23 August 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 9 August 1976
Designates the following trails for study as potential additions to the national trails system: (1) Bartram Trail, extending through Georgia, North Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and Tennessee; (2) Daniel Boone Trail, extending through North Carolina, Virginia, Tennessee, and Kentucky; (3) Desert Trail, extending through Washington, Idaho, Oregon, California, Nevada, and Arizona; (4) Dominguez-Escalante Trail, extending through New Mexico, Colorado, Utah, and Arizona; (5) Florida Trail; (6) Indian Nations Trail, Oklahoma; (7) Nez Perce Trail, extending through Oregon, Idaho, and Montana; and (8) Pacific Northwest Trail, extending through Washington, Idaho, and Montana.
United States · United States Congress · 5 August 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 2 August 1976
Amends the Public Health Service Act to authorize the Secretary of Health, Education, and Welfare to make grants to public and nonprofit private entities which are engaged in the development of new schools of veterinary medicine to assist in such development. Requires applying schools to demonstrate that there is a reasonable indication that non- Federal financial resources for development will be available and that Federal assistance will accelerate the date on which the school will be able to begin its teaching program.
United States · United States Congress · 26 July 1976
Emergency Agricultural Relief Act - Title I: Loan Guarantees to Restock Foundation Herds - Authorizes and directs the Secretary of Agriculture to provide financial assistance to qualified individuals, corporations, or partnerships to restock foundation livestock herds depleted as a result of a natural disaster or emergency. Directs the Secretary to guarantee up to 90 percent of the principal and interest on loans made by a legally organized lending agency for such purpose. Allows recipients of such guaranteed loans to receive reimbursement from the Secretary for one-half of the amount of interest payments made by such borrower during the first two years of the loan repayment period. Specifies the criteria which must be met in order to be eligible for such a guaranteed loan. Specifies that loan guarantees outstanding under this title shall not exceed $500,000,000 at any one time. Authorizes the Secretary to issue regulations to carry out the provisions of this title. Title II: Operational Loan Guarantees After Disaster Loss to Crops - Authorizes and directs the Secretary of Agriculture to provide financial assistance for operational expenses in maintaining a farm to bona fide farmers whose farm operations are in areas designated as major disaster or emergency areas by the President or emergency areas by the Secretary and who have suffered a loss of at least one-third of their normal crop as a result of such disaster or emergency. Sets forth eligibility requirements for corporations or partnerships to receive such assistance. Authorizes the Secretary to guarantee loans and to reimburse borrowers for interest payments in a similar manner as set forth in title I. Specifies that loan guarantees outstanding under this title shall not exceed $200,000,000 at any one time. Title III: Direct Loans to Farmers in Disaster Areas - Directs the Secretary of Agriculture to make loans to qualified farmers in areas which have been designated as major disaster or emergency areas on two or more separate occasions since January 1, 1971, if such funds are necessary to the continued existence of their agricultural units. Specifies the authorized uses of such loans. Stipulates that loans made under this title shall not exceed $30,000 and be at an interest rate of one percent per annum with a maximum repayment period of ten years. Authorizes the Secretary to utilize the fund created under the Consolidated Farm and Rural Development Act to carry out the purposes of this title and authorizes appropriations to such fund in such sums as the Congress deems necessary to carry out the purposes of this title.
United States · United States Congress · 22 July 1976
Expresses the sense of the House of Representatives that the Secretary of Agriculture should assess the whey supply situation and advise the House Committee on Agriculture of his findings. Directs the Department of Agriculture to begin a research program to utilize whey more efficiently.
United States · United States Congress · 21 July 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 23 June 1976
Establishes in the House of Representatives a select committee to be known as the Select Committee on Narcotics Abuse and Control. Provides that the select committee shall conduct a continuing comprehensive study and review of the problems of narcotics abuse and control and shall review any recommendations made by the President, or by any department or agency of the executive branch of the Federal Government, relating to programs or policies affecting narcotics abuse or control. Authorizes the select committee to conduct field investigations or inspections. Requires the select committee to submit an annual report to the House which shall include a summary of the activities of the select committee during the calendar year to which such report applies.
United States · United States Congress · 22 June 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 · 10 June 1976
Requires that an election commissioner be appointed in American Samoa. States that the duty of the Commissioner will be to conduct a plebiscite on the issue of whether there should be a popular election for Governor and Lieutenant Governor of that country. Provides that a gubernatorial election be held within one year of such plebiscite if there is a majority of affirmative responses. Directs the legislature of American Samoa to establish rules and procedures regarding nomination, length of terms, and removal from the offices of Governor and Lieutenant Governor.
United States · United States Congress · 2 June 1976
Extends the delimiting period in the case of any eligible veteran who is pursuing, during his or her tenth year of eligibility, a program of education. Terminates such extension on whichever of the following dates first occurs: (1) the date on which the veteran completes, or ceases to pursue, the program he was pursuing in his tenth year of eligibility; or (2) the last day of the 11-year period beginning on the date of his discharge from active duty. (Adds 38 U.S.C. 1662(e))
United States · United States Congress · 2 June 1976
Expresses the sense of the House of Representatives that the United States Postal Service shall not close or suspend the operation of any post offices, unless there is a clear and compelling need to do so. Encourages the service to continue cost-cutting programs which do not affect levels of service.
United States · United States Congress · 24 May 1976
Small Post Office Preservation Act - Prohibits the United States Postal Service from closing any post office which serves a rural area or small town unless: (1) a majority of the persons regularly served by such post office approve the closing; (2) it establishes a rural station or branch which provides the same postal services as the post office and does not result in any change in the mailing address of persons served by such post office; or (3) it establishes a rural route to serve the area involved. Allows the Postal Service to establish a rural route as a substitute for an existing post office only upon making specified determinations.
United States · United States Congress · 21 May 1976
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriations to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar-for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mine lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regarded areas. Stipulates that the regulatory authority shall make test borings of core samplings for mining operators with an estimated annual production of less than 250,000 tons of coal. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep-slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requries the posting of performance bonds and possession of liability insurance by applicants for permits. Requires the establishment of coal exploration regulations by appropriate State and Federal authorities. Requires that such regulations include provisions for reclamation of lands disturbed in exploration activities. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspection by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operations on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface coal mining and reclamation activities pursuant to Federal laws or taking place on Federal lands. Requires that coal exploration operations which substantially disturb the natural land surface on such lands be subject to a permit program established by the Secretary of the Interior. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the appropriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for the performance of test borings by the regulatory authority, an amount reserved for such purpose from the Abandoned Mine Reclamation Fund not to exceed $40,000,000; (3) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (4) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 5 May 1976
Small Post Office Preservation Act - Prohibits the United States Postal Service from closing any post office which serves a rural area or small town unless: (1) a majority of the persons regularly served by such post office approve the closing; (2) it establishes a rural station or branch which provides the same postal services as the post office and does not result in any change in the mailing address of persons served by such post office; or (3) it establishes a rural route to serve the area involved. Allows the Postal Service to establish a rural route as a substitute for an existing post office only upon making specified determinations.
United States · United States Congress · 4 May 1976
Exempts from Federal income taxation, under the Internal Revenue Code, a corporation organized and operated for mutual purposes and without profit for the purpose of providing, either or both, reserve funds for, and insurance of, shares and deposits in credit unions which have no capital stock and are organized and operated for mutual purposes and not for profit.
United States · United States Congress · 29 April 1976
Authorizes a taxpayer, under the Internal Revenue Code, to elect to treat qualified architectural and transportational barrier removal expenses which are paid or incurred during the taxable year as expenses which are not chargeable to capital account. Deems such expenses so treated as allowable tax deductible expenditures.
United States · United States Congress · 29 April 1976
Small Post Office Preservation Act - Prohibits the United States Postal Service from closing any post office which serves a rural area or small town unless: (1) a majority of the persons regularly served by such post office approve the closing; (2) it establishes a rural station or branch which provides the same postal services as the post office and does not result in any change in the mailing address of persons served by such post office; or (3) it establishes a rural route to serve the area involved. Allows the Postal Service to establish a rural route as a substitute for an existing post office only upon making specified determinations.
United States · United States Congress · 29 April 1976
Requires, under title XVIII (Medicare) of the Social Security Act, that skilled nursing facilities be adequately equipped with wheelchairs and other appropriate equipment and supplies.
United States · United States Congress · 29 April 1976
Expresses the sense of the House of Representatives that the Federal Communications Commission and other agencies shall be encouraged to exercise their full legal authority to insure that the quality and quantity of over-the-air broadcasting service which is now available to the public shall not be reduced or impaired by the operations of pay television. Calls for regulation of pay television in a manner consistent with the establishment and maintenance of over-the-air television broadcast services.
United States · United States Congress · 28 April 1976
Authorizes the government of the Virgin Islands to levy a surtax on future income taxes payable to itself, which will not exceed ten percent. Authorizes $15,000,000 in loan funds to be appropriated for the government of the Virgin Islands' operating expenses. Authorizes $61,000,000 to be appropriated for loans for the capital improvement program of the Virgin Islands. States the conditions for extension and repayment of such loans. Empowers the Secretary of the Interior to place stipulations on such loans as he deems necessary. Provides an approval procedure for the Legislature of the Virgin Islands with regard to any loan request made by the Governor.
United States · United States Congress · 26 April 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 · 9 April 1976
Designates specified areas within the following national parks and national monuments as wilderness: (1) Bandelier National Monument, New Mexico; (2) Gunnison National Monument, Colorado; (3) Chiricahua National Monument, Arizona; (4) Great Sand Dunes National Monument Colorado; (5) Haleakala National Park, Hawaii; (6) Isle Royale National Park Michigan; (7) Joshua Tree National Monument, California; (8) Mesa Verde National Park, Colorado; (9) Pinnacles National Monument, California; and (10) Saguaro National Monument, Arizona. Revises the boundaries of Isle Royale National Park, Michigan, and Pinnacles National Monument, California. Directs the Secretary of Agriculture to review the suitability of specified lands in Coronado National Forest, Arizona, for designation as wilderness.
United States · United States Congress · 9 April 1976
Authorizes under the Federal Civil Defense Act of 1950 the use of Federal civil defense funds by local civil defense agencies for natural disaster relief. Increases the Federal contribution for travel expenses and per diem allowances for students in civil defense training programs and increases the Federal financial contribution to States for civil defense personnel and administrative expenses. Increases the authorization for appropriations under such Act for travel expenses, for personal equipment for State and local workers,and for personnel and administrative expenses.
United States · United States Congress · 8 April 1976
Authorizes, under the Internal Revenue Code, any individual who has attained the age of 65 to take a nonrefundable tax credit for a percentage of the amount of real property taxes or the amount of rent constituting real property taxes paid or accrued by the taxpayer during the taxable year. Defines the applicable percentage as 50 percent reduced by two percent for each $1,000 amount by which the adjusted gross income of such taxpayer exceeds $5,000.
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 · 25 March 1976
Small Post Office Preservation Act - Prohibits the United States Postal Service from closing any post office which serves a rural area or small town unless: (1) a majority of the persons regularly served by such post office approve the closing; (2) it establishes a rural station or branch which provides the same postal services as the post office and does not result in any change in the mailing address of persons served by such post office; or (3) it establishes a rural route to serve the area involved. Allows the Postal Service to establish a rural route as a substitute for an existing post office only upon making specified determinations.
United States · United States Congress · 24 March 1976
States that the purpose of this joint resolution is to provide hearings for farmers, local officials, and other concerned citizens in any county where a reduction in the level of farm services is anticipated. Prohibits the Secretary of Agriculture or any other officer or employee of the executive branch of the Federal Government from reducing the services provided by any office of the Farmer's Home Administration, the Agricultural Stabilization and Conservation Service, or the Soil Conservation Service, during the period beginning January 1, 1976, and ending December 31, 1977, unless (1) a proposed plan for reducing services has been formulated and published, and (2) a hearing has been conducted in each county in the State in which Services would be reduced under the plan, and farmers in each such county have been afforded an opportunity for oral and written representation of their views. Excepts specified reductions in services from the requirements of this resolution.
United States · United States Congress · 24 March 1976
Provides that upon the adoption of this resolution it shall be in order to move, section 401(a) of the Congressional Budget Act of 1974 (Public Law 93-344) to the contrary notwithstanding, that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 9725) to provide for the cooperation between the Secretary of the Interior and the States with respect to the regulation of surface coal mining operations, and the acquisition and reclamation of abandoned mines, and for other purposes. Directs that after general debate, which shall be confined to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Interior and Insular Affairs, the bill shall be read for amendment under the five-minute rule by titles instead of by sections. Provides that it shall be in order to consider en bloc the amendments printed on pages H2189-2191 of the Congressional Record of March 22, 1976, by Representative Melcher. Requires that, at the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.
United States · United States Congress · 23 March 1976
Foreign Intelligence Surveillance Act - Requires the Chief Justice of the United States to designate seven district court judges, each of whom shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States. Requires the Chief Justice to designate three Federal judges to comprise a special court of appeals which shall have jurisdiction to hear an appeal by the United States from the denial of any application. Grants the United States a further right to appeal an affirmance of denial to the Supreme Court. Requires each application for any order approving electronic surveillance for foreign intelligence purposes to be approved by the Attorney General and to include: (1) the identity of the officer making the application; (2) the authority conferred on the applicant by the President and the approval of the Attorney General to make the application; (3) the identity of the subject of the surveillance; (4) the fact and circumstances justifying belief that the target of surveillance is a foreign power or an agent of a foreign power; (5) a description of the type of information sought and a certification by one of specified Federal officers that such information is foreign intelligence information that cannot feasibly be obtained by normal investigative techniques; and (6) a statement of the period of time for which the surveillance is required. Directs the judge to enter an ex parte order as requested or as modified approving the electronic surveillance if he finds that the criteria specified have been met. Allows issuance of orders to approve surveillance for 90 days or the period necessary to achieve its purposes, whichever is less. Permits extensions of orders upon application for an extension made in the same manner as required for an original application. Authorizes the Attorney General, upon a reasonable determination that an emergency situation exists, to authorize the emergency employment of electronic surveillance if an appropriate judge is informed by the Attorney General of such authorization at the time it is made and if an application is made as soon as practicable but not more than 24 hours after authorization. Requires, in the absence of a judicial order, that surveillance terminate when the information sought is obtained, when the application for an order is denied, or 24 hours after authorization, whichever is earliest. Allows information acquired from electronic surveillance conducted pursuant to this Act to be used and disclosed only for designated purposes or for the enforcement of the criminal law. Requires when an order to approve the emergency employment of electronic surveillance is not obtained, that the judge serve notice on the individual subject to surveillance of the fact of the application, the period of surveillance, and the fact that information was or was not obtained. Permits the judge to delay or forego this action on a showing of good cause. Requires the Attorney General to submit an annual report to the Administrative Office of the United States Courts and to Congress including: (1) the number of applications made for orders and extensions of orders approving electronic surveillance and the number of such orders and extensions granted, modified, and denied; (2) the periods of time for which orders authorized surveillances and their actual duration; (3) the number of surveillances in place at any time during the preceding year; and (4) the number of surveillances terminated during the preceding year. Declares that nothing contained in this Act shall limit the Constitutional power of the President to order electronic surveillances for specified national security reasons if the facts and circumstances giving rise to such order are beyond the scope of this Act. (Amends 18 U.S.C. 2521-2528)
United States · United States Congress · 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
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriation to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar- for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in research institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regraded areas. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requires the posting of performance bonds and possession of liability insurance by applicants for permits. Requires operators to obtain a permit prior to conducting any coal exploration operations which substantially disturb the natural land surface. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operation on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface mining and reclamation operations on Federal land. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the approriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (3) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 9 March 1976
Requests the Secretary of Agriculture to increase the price support level for milk, wheat, corn, feed grains, and soybeans to 90 percent of the parity price.
United States · United States Congress · 2 March 1976
Title I: Amends the Land and Water Conservation Fund Act of 1965 to increase the amount of appropriations authorized under such Act to $300,000,000 for fiscal year 1977, $450,000,000 for fiscal year 1978, $625,000,000 for fiscal year 1979, and $800,000,000 for each fiscal year thereafter through fiscal year 1989. Revises procedures for the apportionment of land and water conservation fund moneys to States by the Secretary of the Interior. Imposes public participation requirements with respect to the preparation of comprehensive statewide outdoor recreation plans. Authorizes Federal financial assistance for the planning and development of sheltered facilities for swimming pools and ice skating rinks, provided specified conditions are met. Title II: Amends the National Historic Preservation Act of 1966 to establish a historic preservation fund in the United States Treasury. Stipulates that $24,400,000 for fiscal year 1977, $75,000,000 annually for fiscal years 1978 and 1979 and $100,000,000 annually for each fiscal year thereafter until fiscal year 1989 be covered into the fund from revenues due and payable to the United States under the Outer Continental Shelf Lands Act and other Federal Mining laws. Stipulates that such moneys shall remain available until appropriated to carry out the purposes of the National Historic Preservation Act of 1966. Authorizes the appropriation of $175,000 per year for fiscal years 1977,1978, and 1979 for the International Center for the Preservation and Restoration of Cultural Property.
United States · United States Congress · 2 March 1976
Expresses the sense of the House of Representatives that the Federal Communications Commission and other agencies shall be encouraged to exercise their full legal authority to insure that the quality and quantity of over-the-air broadcasting service which is now available to the public shall not be reduced or impaired by the operations of pay television. Calls for regulation of pay television in a manner consistent with the establishment and maintenance of over-the-air television broadcast services.
United States · United States Congress · 26 February 1976
Family Farm Antitrust Act - Finds that vertical integration of the agricultural industry by corporations engaged in the processing, distributing and retail industries, and other conglomerate corporations, tends to create monopolies in the agricultural industry and produce unfair competition for family farms, contributing to the decline of rural populations and the consequent crowding of metropolitan centers. Declares it to be the national policy to restore competition to the agricultural industry and to provide for the continuance of the family farm. Provides that no person engaged in commerce in a business other than farming, whose nonfarming business assets exceed $3,000,000, shall engage in farming or the production of agricultural products, or participate in farming by any means of acquisition or control of another person who is engaged in farming. Specifies exceptions including charitable, educational, or nonprofit institutions, and farmer owned and controlled cooperatives. Directs the Secretary of Agriculture to acquire at fair market value any property or interest of which a person is required to divest himself under the provisions of this Act, if the person is otherwise unable to divest himself of such property. Authorizes appropriations of such sums as are necessary to carry out the purposes of this Act.
United States · United States Congress · 18 February 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 18 February 1976
Extends the authorization of appropriations for the National Commission on New Technological Uses of Copyright Works to be coextensive with the life of such Commission.
United States · United States Congress · 11 February 1976
Extends the authorization of appropriations for the National Commission on New Technological Uses of Copyright Works to be coextensive with the life of such Commission.
United States · United States Congress · 4 February 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 29 January 1976
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by him and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointly, together with the amount of each liability which is owed with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
United States · United States Congress · 28 January 1976
Expresses the sense of the House of Representatives that the Federal Communications Commission and other agencies shall be encouraged to exercise their full legal authority to insure that the quality and quantity of over-the-air broadcasting service which is now available to the public shall not be reduced or impaired by the operations of pay television. Calls for regulation of pay television in a manner consistent with the establishment and maintenance of over-the-air television broadcast services.
United States · United States Congress · 27 January 1976
Expresses the sense of the House of Representatives that the people of Angola should be allowed to determine their own political future without foreign interference. Expresses support for efforts by the Organization of African Unity to achieve a settlement of the conflict in Angola. Calls upon all countries to terminate military assistance to any group in Angola. States that the President should do his utmost to seek an agreement among the various parties involved in hostilities or in the support of such hostilities in Angola to terminate such hostilities. Directs the President to refrain from providing assistance of any kind, for military activities in Angola, until specifically approved by Congress.
United States · United States Congress · 22 January 1976
Expands the boundaries of the Indiana Dunes National Lakeshore. Repeals provisions suspending the Secretary of the Interior's authority to acquire property within the National Lakeshore by condemnation when appropriate zoning agencies have in effect approved valid zoning ordinances applicable to such property. Revises provisions regarding retention of the right of use and occupancy by owners of improved property after such property has been acquired by the Secretary. Increases the membership of the Indiana Dunes National Lakeshore Advisory Commission. Authorizes the appropriation of sums for acquisition of lands and interests in land and for development. Requires the Secretary to complete by the end of 1977 a final master plan detailing the development of the lakeshore. Details guidelines regarding rights-of-way and easements added by this Act to the lakeshore and regarding the acquisition, improvement, and use of specified lands and easements not within the expanded boundaries.
United States · United States Congress · 17 December 1975
Approves the compact of permanent union between Puerto Rico and the United States. Accords to Puerto Rico the right of self-government and jurisdiction over the population, territorial seas, and Island of Puerto Rico, as well as jurisdiction over the adjacent population, territorial seas, and islands. Gives the U.S. responsibility for and authority with respect to international relations and defense affecting Puerto Rico. Permits Puerto Rico to enter into specified categories of agreements with other countries consistent with the functions of the U.S. as determined by the President and the Governor of the Free Associated State of Puerto Rico on a case-by-case basis. States that all persons born in Puerto Rico are citizens of the U.S. Makes U.S. currency the exclusive currency of Puerto Rico. Declares that economic, trade, and commercial relations between the two parties shall be conducted within the framework of the common market previously and henceforth established. Lists related rights and responsibilities. Provides that U.S. immigration laws, rules, regulations, and procedures shall be applied to Puerto Rico except as the President and Governor agree to limit or increase the quota of aliens who may be admitted. Directs that Puerto Rico be represented by one elected representative in each House of Congress. Provides that U.S. laws, present and past, be given full effect. Allows, prior to passage of any legislation affecting Puerto Rico, the Governor to submit to Congress objections to its applicability. Exempts Puerto Rico from the provisions of such legislation if the respective Congressional committee or committees by vote express agreement with the objections. Prohibits this procedure if proposed laws directly affect the rights and duties of citizens, security and common defense, foreign affairs, or currency. Allows the U.S. to transfer to Puerto Rico, with its consent, the total or partial performance of Federal functions. Creates a six-member Joint Commission, three members and their successors to be appointed by the President, and three by the Governor. Subjects the Commission to review by the President and the Governor after an initial period of five years, such review to encompass the Commission's membership and continuation. Assigns the Commission to help in the perfection of relations between the U.S. and Puerto Rico, directing it to study: (1) the desirability of retaining, modifying, or eliminating the application of specific Federal laws to Puerto Rico, giving priority to laws pertaining to communications, coastal shipping, and administration of Selective Service; (2) the possible transfer of Federal functions to Puerto Rican agencies; and (3) the desirability of recommending a system of contributory payments from Puerto Rico to the U.S. Treasury, based upon disbursements by the Puerto Rican legislature from the general fund or any other sources subject to its legislative action. Grants concurrent jurisdiction to U.S. and Puerto Rican courts with respect to justifiable questions arising under this Act. Establishes a U.S. District Court for Puerto Rico. Declares that the public policy of the U.S. and Puerto Rico is to make the minimum wage in Puerto Rico equal to that of the U.S. as soon as economic conditions permit. Grants Puerto Rico exclusive jurisdiction over all matters pertaining to minimum wage and working hours, labor-management relations, and occupational health and safety regulation, except as those areas apply to the shipping and aviation industries, where the appropriate Federal law governs. Requires that this compact, to become effective: (1) be approved by the U.S. Congress; (2) be approved by the Puerto Rican electorate in a special referendum; and (3) be proclaimed approved by the electorate, such proclamation to include the effective date as agreed upon by the President and the Governor. (It must become effective within one year of approval). Directs that the provisions of this Act shall not interrupt or impair pending matters before courts or quasi-judicial agencies, and shall not affect franchises, permits, and other grants previously issued. Requires mutual agreement between the two governments for modification of this Act, and with respect to specified provisions concerning fundamental relations, the approval of the Puerto Rican electorate is also required.
United States · United States Congress · 15 December 1975
Encourages the Federal Communications Commission to insure that the quality and quantity of over-the-air broadcasting service which is now available to the public is not impaired by the operation of pay television. Expresses the sense of Congress that the development of pay television should be regulated in a manner consistent with the maintenance of free broading.
United States · United States Congress · 11 December 1975
Extends for three months the authority, under the Omnibus Crime Control and Safe Streets Act, of the National Commission for the Review of Federal and State Laws relating to wiretapping and electronic surveillance Permits dissenting or additional views to the Commission's final report to be submitted.
United States · United States Congress · 1 December 1975
Financial Disclosure Act - Requires candidates for Federal office, Members of the Congress, each officer and employee of the Federal Government who is compensated at a rate in excess of $25,000 per year, Federal employees performing the duties of a GS-16 or higher, members of the Uniformed Services in the grade 0-6 or higher, the President, and the Vice President to file annually with the Comptroller General, a report containing a full and complete statement of: (1) the amount and source of each item of income, each gift or aggregate of gifts from one source (other than gifts received from his spouse or any member of his immediate family) received by him, by and his spouse jointly, by his spouse, or by his dependents, during the preceding calendar year which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other compensation for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the identity of each asset held by him, by him and his spouse jointly, by his spouse, or by his dependents, which has a value in excess of $1,000, and the amount of each liability owed by him or by him and his spouse jointl, together with the amount of each liability which is owned with respect to any financial interest which is under his constructive control, which is in excess of $1,000 as of the close of the preceding calendar year; (3) any transactions in securities of any business entity by him or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $1,000 during such year; (4) all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $1,000; and (5) any purchase or sale of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $1,000. Defines the terms used in this Act. Sets forth penalties for violations of the provisions of this Act.
![Official portrait of Rep. Kastenmeier, Robert W. [D-WI-2]](https://www.congress.gov/img/member/k000020_200.jpg)