United States · United States Congress · 19 July 1976
Life Support Centers Act - Directs the Secretary of Health, Education, and Welfare, under the Public Health Service Act, to make grants to the health agencies of States, or political subdivisions thereof, or to any qualified nonprofit agency for programs of: (1) prenatal health care to adolescents; (2) health care to infants of adolescent mothers; (3) family planning services; (4) social services for adolescent mothers; and (5) funds to purchase adoption services for adolescent mothers. Stipulates that the Federal share of assistance to programs under this section shall not exceed 75 percent of the cost of a program. Sets forth procedures by which application may be made for grants. Authorizes the appropriation of $30,000,000 to carry out the purposes of this Act for fiscal year 1977 and for each of the two succeeding fiscal years.
United States · United States Congress · 2 July 1976
Omnibus Energy Conservation Act - Title I: Energy Conservation in Residential Housing, Commercial and Public Buildings, and Industrial Plants - Amends the Energy Policy and Conservation Act to direct the Federal Energy Administrator to establish a voluntary standard and certification program for products designed to conserve energy in buildings. Directs the Administrator of the Federal Energy Administration to prescribe guidelines for the development and preparation of State energy conservation implementation programs. Requires that States be given an opportunity to participate in the drafting of such guidelines. Establishes eligibility criteria for State energy conservation implementation programs in order to receive Federal assistance under this Act. Imposes a preliminary requirement that the State establish a State energy conservation advisory committee to assist in the formulation of such program. Authorizes the Administrator to provide Federal financial assistance to States whose proposed energy conservation programs meet specified criteria. Lists factors to be considered in determining the amount of such assistance. Stipulates that no State shall receive more than ten percent of the national total in each category of financial assistance. Authorizes the appropriation of the following sums to assist eligible State programs: $25,000,000 for fiscal year 1977, and $50,000,000 per fiscal year for fiscal years 1978, 1979, and 1980. Authorizes the Administrator to guarantee loans and other obligations issued to finance energy conservation measures consistent with the purposes of this Act. Limits the aggregate amount of outstanding guarantees under this Act to $4,500,000,000. Limits the total amount of guarantees which may be issued to any one borrower to $2,000,000. Requires annual reports to the Congress on State energy conservation implementation programs. Amends the Energy Conservation and Insulation of Buildings Act of 1976 to authorize additional appropriations of $25,000,000 for fiscal year 1977, $50,000,000 per fiscal year for fiscal years 1978 and 1979; and $100,000,000 for fiscal year 1980 to assist low-income persons under the provisions of such Act. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to assist in the financing of energy conservation measures. Authorizes appropriations for such assistance payments of $100,000,000 for fiscal year 1977, and $200,000,000 per fiscal year for fiscal years 1978 - 1980. Amends the Small Business Act to empower the Small Business Administration to make loans to small business concerns for implementation of energy conservation measures. Limits the total amount of such loans under the Act to $300,000,000. Stipulates that the total amount of such payments to lending institutions under the Act shall not exceed $60,000,000. Title II: Implementation of Energy Conservation, Programs; Energy Efficiency Research, Development and Demonstration - Establishes in the Energy Research and Development Administration the Energy Extension Service. Directs the Service to develop and implement a comprehensive program for the identification, development, and demonstration of energy conserving practices, techniques, materials, and equipment for: (1) agricultural, commercial, and small business operations; and (2) new and existing residential, commercial, or agricultural structures. Requires that such programs include technical assistance, instruction, and practical demonstrations in energy conservation. Establishes procedures for submission of State plans for the conduct of energy extension service activities within each State in accordance with Federal guidelines. Authorizes financial assistance to States which have plans approved by the Director of the Energy Extension Service. Directs the Administrator of the Energy Research and Development Administration to prepare a plan for Federal energy education, extension, and information programs. Establishes a National Energy Extension Service Advisory Board to carry on a continuing review of Federal energy extension programs. Authorizes the Administrator of Energy Research and Development to provide financial assistance for the development of State and regional energy conservation research and development institutes on a matching basis. Directs the Administrator to establish an energy use efficiency project designed to demonstrate the feasibility of energy efficiency enhancement in the residential, commercial, industrial, and agricultural sectors. Authorizes additional research, development, and demonstration programs to increase the commercial opportunities for utilization of energy efficient systems. Directs the Administrator to develop, within 180 days after the enactment of this Act, performance standards and criteria for energy efficiency equipment and processes. Requires use by Federal agencies of newly-developed energy efficiency technologies. Directs the Administrator to study various institutional factors which may tend to bias economic sectors against the use of energy efficient systems and to report the results to the Congress.
United States · United States Congress · 2 July 1976
Directs the President to proclaim that Valentyn Moroz shall be an honorary citizen of the United States. Urges cooperation in observance of the principles of the Final Act of the Conference on Security and Cooperation in Europe. Expresses the sense of the Congress that the Soviet Union as one of the signators to the Final Act should provide Valentyn Moroz with the opportunity to accept the invitation of Harvard University for the 1976-77 academic year.
United States · United States Congress · 1 July 1976
Human Resources Demonstration Act - Directs the President, through the Secretary of Labor, to carry out a program of demonstration projects designed to: (1) increase productivity and authorize the better use of human and natural resources in employment; (2) prevent layoffs of employees; and (3) expand employment opportunities by stimulating new investment techniques. Establishes an Advisory Committee on Human Resources and Employment Opportunities to furnish advice and assistance in the administration of the demonstration projects program. Requires the President to submit to the Congress a semi-annual report describing the demonstration projects program and the specific contracts entered into pursuant to such projects. Authorizes appropriations of sums necessary to carry out the provisions of this Act.
United States · United States Congress · 1 July 1976
Amends rule XXII of the Rules of the House of Representatives to remove the limitation on the number of Members who may introduce jointly any bill, memorial, or resolution.
United States · United States Congress · 25 June 1976
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to prescribe standards for carbon monoxide in the passenger area of buses and sustained-use vehicles in order to protect the health of passengers. Requires that State implementation plans include measures to attain and enforce such standards.
United States · United States Congress · 24 June 1976
Prohibits any business deduction, under the Internal Revenue Code, relating to expenses paid or incurred for the transportation of any person by commercial airplane or railroad in excess of an amount which is equal to the retail price of a coach class fare ticket on such airline or railroad, unless the use of first class accomodations was necessitated by the circumstances of the taxpayer's business activities or by a disability or handicap or because coach tickets were unavailable.
United States · United States Congress · 23 June 1976
National Consumer Cooperative Bank Act - Title I: National Consumer Cooperative Bank - Sets forth the findings of Congress that there is a need for the establishment of a National Consumer Cooperative Bank and a Cooperative Bank and Assistance Administration which will make available necessary financial and technical assistance to cooperative self-help endeavors as a means of strengthening the Nation's economy. Establishes the National Consumer Cooperative Bank. States that the Bank shall: (1) encourage the development of new and existing cooperatives eligible for its assistance by providing specialized credit and technical assistance; (2) maintain broad-based control of the Bank by its voting stockholders; (3) encourage broad-based ownership, control and active participation by members in eligible cooperatives; (4) assure that the net savings from its operations and the operations of borrowers from the Bank, are made available or accounted for to the stockholders or members of the cooperative organization; and (5) assist in improving the quality and availability of goods and services to consumers. Authorizes the creation of no less than four nor more than twelve corporate regional banks. States that the Bank shall have the power to make and service loans, commitments for credit, guarantees, furnish financially related services, technical assistance, and issue obligations. Enumerates additional powers necessary to carry out its powers and duties under this Act. Authorizes appropriations of $250,000,000 per year for the United States to purchase class A preferred stock of the Bank. Requires the Bank to hold an annual meeting of stockholders. Permits the Bank to obtain funds through the public or private sale of its bonds, debentures, notes, and other evidences of indebtedness. Authorizes the Bank to make loans to eligible organizations which shall be repayable in not more than forty years. States that the objective of the Bank shall be to provide the type of credit needed by eligible borrowers, at the lowest reasonable cost on a sound business basis, taking into account the cost of money to the Bank. Defines "eligible cooperatives" for purposes of assistance under this title as an organization chartered or operated on a cooperative, not for profit basis for producing or furnishing goods, services, facilities, or financing, primarily for the benefit of its members or voting stockholders who are ultimate consumers, if it meets specified criteria, or any other institution chartered or operated in such a way as to enhance competitive market forces or to reduce the price spread between producers and the ultimate consumers of products or services. Title II: Self-Help Development Fund - Establishes in the Treasury a Consumer Cooperative Self-Help Development Fund. Authorizes appropriations of $250,000,000 to be deposited in the Fund. Permits the Cooperative Bank and Assistance Administration to make a capital investment advance out of the Fund to any eligible cooperative if the Administration determines that the applicant's initial or supplemental capital requirements exceed its ability to obtain a Title I loan from the Bank or other sources, and the membership of the applicant consists substantially of low-income persons. Title III: Cooperative Technical Assistance - Directs the Cooperative Bank and Assistance Administration to make available information and services concerning the organization or reorganization of cooperatives to best achieve the objectives of this Act and to best provide the means through which various types of goods, services, and facilities can be made available to members and patrons. States that such assistance may include investigations, surveys, and director and management training and assistance. Authorizes appropriations to the Administration of sums necessary for the administration of this title. Title IV: The Cooperative Bank and Assistance Administration and General Provisions - Establishes the Cooperative Bank and Assistance Administration. Directs the Administration to assure that the objectives of this Act are carried out. States that until the stock of the Bank held by the United States has been fully retired the Bank shall be exempt from any form of taxation. Requires the Administration and the Board to report annually to the appropriate committee of Congress on the activities of the Administration and on the Bank's capital, operations, financial condition, the self-help development fund, and to make recommendations for legistation to improve its services. Authorizes appropriations of sums necessary to carry out the purposes of this Act, in addition to appropriations specifically authorized.
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 · 23 June 1976
Amends rule X of the Rules of the House of Representatives to permit a majority of the House to direct the Committee on Standards of Official Conduct to investigate complaints or resolutions involving alleged misconduct if the committee fails to undertake an investigation within 15 legislative days after the receipt of such complaint or referral of such resolution.
United States · United States Congress · 10 June 1976
Clinical Laboratory Improvement Act - Amends the Public Health Service Act to require the licensing of clinical laboratories. Sets forth the standards that must be met to receive and maintain such a license. Directs the Secretary of Health, Education, and Welfare to publish, administer, and enforce national standards for clinical laboratories to assure consistent performance by the laboratories of accurate tests and other procedures. Authorizes the Secretary to delegate regulation and licensing authority to a State if the Secretary determines that such State: (1) has adopted standards for such laboratories and a system of licensure which are no less stringent than the national standards and licensing system; (2) has adopted and is implementing adequate enforcement procedures; (3) will keep records and make reports as the Secretary may require; (4) permits exemptions from the requirements which are no less stringent than exemptions from national standards; and (5) has adopted and can implement adequate procedures for the control of health hazards which may result from an activity of a clinical laboratory. Enumerates conditions under which the Secretary may suspend or revoke the license of a clinical laboratory. Authorizes anyone aggrieved by suspension or revocation of a clinical laboratory license to file a petition for review with the appropriate United States court of appeals. Makes all consequent judgments of such courts subject to review by the Supreme Court. Stipulates that any unlicensed person, requred to be licensed under this Act who solicits or accepts directly or indirectly any specimen for laboratory examination shall be fined not more than $10,000, imprisoned for not more than one year, or both. Stipulates that any owner, operator, or employee of a clinical laboratory who willfully engages in any false, fictitious, or fraudulent billing practice for the purpose of obtaining payment for laboratory services provided under specified Federal health assistance programs shall be fined not more than $10,000, imprisoned for not more than three years, or both. Stipulates that no unlicensed clinical laboratory required to be licensed by this Act may receive a grant, contract, or other form of financial assistance under the Public Health Service Act, or charge or collect for laboratory services for any entity which receives a grant, contract, or financial assistance under such Act. Prohibits discrimination by an employer against an employee who has commenced, participated in, or testified in any proceeding authorized by this Act. Allows employees so discriminated against to file a complaint with the Secretary. Directs the Secretary to investigate such complaints and provide relief or deny the complaint within 90 days of its receipt. Permits persons aggrieved by the Secretary's final action on such complaints to obtain review in the appropriate United States court of appeals. Authorizes agents of the Secretary to enter at reasonable times any clincial laboratory for inspection purposes. Authorizes the Secretary to make grants to States with primary enforcement responsibility to assist in meeting the cost of administering programs for the regulation of clinical laboratories, such grants not to exceed 75% of the State's cost. Authorizes the appropriation of specified amounts in fiscal years 1979 through 1981 for the purpose of making such grants. Establishes in the Department of Health, Education, and Welfare an advisory council on clinical laboratories to advise the Secretary with respect to: (1) regulations promulgated under this Act; and (2) coordination between the Federal and State laboratory regulatory programs to avoid duplicate enforcement. Directs the Secretary to establish within the Department an administrative unit to be responsible for the coordination of the regulatory functions authorized by this Act and for specified laboratory regulatory functions under the Social Security Act. Requires the Secretary to make an annual report to Congress on the accuracy of tests and procedures performed by clincial laboratores. Amends the Social Security Act to set forth procedures for determining costs and charges for clinical laboratory services and prohibits reimbursement to the extent that any cost or charge is found to be unreasonable. Directs the Secretary to conduct a study of: (1) existing voluntary certification standards and State licensure laws for clinical laboratory supervisors, technologists, and technicians; and (2) qualifications of entities that certify such personnel as qualified to perform clinical laboratory services. Requires the Secretary to submit to Congress a summary of information received through license exemption applications during the three-year period after national standards for clinical laboratories are promulagated. Directs the Secretary, on the basis of such information, to make recommendations on possible revision of clinical laboratory licensing exemptions.
United States · United States Congress · 10 June 1976
Maternal and Child Health Care Act - Title I: General Provisions and Administration - Entitles every individual who is a United State citizen or an alien lawfully admitted for permanent residence, and who is a child or who is pregnant, to have payment made for health care services received by such individual in accordance with this Act. Establishes in the Department of Health, Education, and Welfare a Maternal and Child Health Board. Directs the Board to continuously study the operation of this Act and the most effective methods of providing comprehensive personal health services to mothers and children. Requires the Board to report annually to Congress on its activities. Establishes a National Maternal and Child Health Council to advise the Board on matters of general policy, study the operation of this Act, and recommend changes it deems advisable. Title II: Nature and Scope of Benefits - Sets forth procedures to be used in determining whether insitutions are qualified health services providers under this Act. Includes within covered professional services: (1) preventive children's health services; and (2) professional services for the diagnosis, treatment, or rehabilitation of a child following injury, disability, or disease. Includes within covered inpatient hospital services: (1) emergency medical care for children; (2) inpatient services for a child under the age of 12 in a qualified pediatric unit; (3) inpatient services for a child 12 years of age or older in a qualified hospital; and (4) child inpatient services in a qualified nursing home. Includes the following services within the coverage of this Act: (1) rehabilitative services, encompassing physical therapy and speech therapy; (2) social services; and (3) mental health services, encompassing psychiatric and psychological services furnished to a child in a qualified facility. Includes within coverage drugs and biologicals prescribed for a child who is not an inpatient in a nursing home or hospital if such drug or biological is prescribed to be taken for longer than four weeks. Includes within coverage devices, appliances, and equipment, the dispensing of such devices for the correction of a child's vision or hearing, and the dispensing of such devices as are necessary for the treatment or rehabilitation of a child following injury, disability, or disease. Includes within maternity coverage: (1) professional services for the diagnosis and treatment of pregnancy and related medical problems; (2) inpatient hospital services for care during pregancy and for 12 weeks after the pregnancy's termination; (3) diagnostic services performed by a qualified pathology laboratory during such time period; (4) drugs and biologicals prescribed during such time period for a woman not an inpatient in a nursing home or hospital if such drug or biological is prescribed to be taken for more than four weeks; and (5) devices, appliances, and equipment required for treatment of a woman for any pregnancy-related condition during such time period. Directs the Board to arrange for the furnishing of covered medical services to individuals who reside in a medically underserved area or who, because of poverty, discrimination, or cultural barriers, are determined by the Board to suffer a higher risk of infant and maternal mortality than other individuals. Includes within coverage of such individuals, transportation to and from the place where medical services are furnished, care of dependents while such individuals are being furnished medical services, and social outreach services to inform such individuals about services available under this Act. Title III: Administration and Method of Payment of Benefits - Authorizes the Secretary of Health, Education, and Welfare to enter into contracts with carriers to perform some or all of specified administrative functions. Stipulates that payments for covered services may be made only to: (1) the person furnishing such services; (2) the employer of such person; or (3) the facility in which such services were provided. Directs the Secretary to pay 100 percent of the full payment amount for covered services in specified circumstances and to pay 90 percent of that amount in all other cases. Allows the Board, upon determining that a person furnishing covered services under this Act has substantially or consistently violated requirements under this title, to prohibit the making of any payments under this Act for a period not to exceed one year. Requires an individual requesting payment under this Act to: (1) display public notice of participation in the program; and (2) inform each patient of the amount of any copayment the patient must make for covered services, prior to furnishing such services. Requires the Board to approve for each fee payment area a schedule of the amount of payments to be made under this Act for the furnishing of covered professional services. Directs the Board to designate for each fee payment area a nonprofit fee payment board, to submit to the Board a proposed fee payment schedule, and to propose annual revisions. Permits persons adversely affected by the Board's approval or disapproval of a fee payment schedule to seek review in accordance with the provisions of the Administrative Procedure Act. Directs that payments be made on a timely basis for covered institutional services. Requires qualified institutions requesting payment under this Act to: (1) display public notice of their participation in the program; and (2) inform each patient of the amount of any copayment the patient must make for covered services, prior to furnishing covered services. Directs the Board to make available to the public the name, address, and telephone number of each dispenser of drugs and devices covered under this Act. Requires dispensers to display public notice of their participation in the program and to inform patients of any copayment that must be made for any drugs and devices furnished under this Act. Directs the Board to publish annually a schedule of the wholesale cost of covered drugs and devices commonly dispensed under this Act. Title IV: Financing the Maternal and Child Health Program - Amends the Internal Revenue Code of 1954 to impose a maternal and child health care tax on employees, employers, and self-empolyed individuals. Creates on the books of the United States Treasury a Maternal and Child Health Trust Fund. Authorizes the appropriation of such sums as are necessary to carry out the purposes of this Act in each fiscal year. Appropriates to the Fund for the fiscal year 1976 and each fiscal year thereafter, amounts equivalent to the revenue from the maternal and child health care taxes. Authorizes the Managing Trustee of the Fund to accept and deposit into the Fund money, gifts, and bequests made unconditionally for the benefit of such Fund or any of its activities. Creates a body to be known as the Board of the Trustees of the Fund and designates the Secretary of the Treasury as Managing Trustee. Directs such Board to submit an annual report to Congress on the operation and status of the Fund. Charges the Managing Trustee with the duty of investing such portion of the Fund as is not required to meet current withdrawals. Title V: Penalties, Effective Date, and Technical Amendments - Makes it unlawful to make false statements, misrepresent material facts, or fraudulently conceal or fail to disclose material facts in connnection with applications and payment requests under this Act. Makes it unlawful to solicit, offer, or receive kickbacks, bribes, or referral charge rebates in connection with services covered under this Act. Subjects violators to a fine of not more than $10,000, imprisonment for not more than one year, or both. Makes specified technical and conforming amendments in the Social Security Act.
United States · United States Congress · 9 June 1976
Drug Safety Amendments - Requires, under the Federal Food, Drug, and Cosmetic Act, the insertion on packages of any drug which may be sold only upon prescription, the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor and, in the case of any other drug or device, the name and place of business of the manufacturer, packer, or distributor. Requires reports on, and recordkeeping pertaining to, clinical and preclinical investigation of drugs or substances intended for use as a drug. Provides that if the Secretary of Health, Education, and Welfare determines that any information obtained or received by him reasonably supports a conclusion that such a drug introduced for commercial distribution may present a significant hazard to human health, or may cause cancer in animals, he shall mail or cause to be mailed to all practitioners licensed by law to administer drugs, a summary of such information. Provides for the conditional approval of new drugs by the Secretary. Authorizes the Secretary to suspend approval of a drug application if a condition has not been met. Authorizes the Secretary, acting through the National Institutes of Health and in consultation with the Commissioner of the Food and Drug Administration, to support studies of the short-term or long-term use of drugs and alternative forms of drug therapy and studies involving the comparison of drugs. Authorizes the appropriation of $10,000,000 for each fiscal year for such studies. Requires the Secretary to make an annual report to the Congress on the activities undertaken or supported under this Act. Grants the Secretary authority to suspend approved applications for a new drug, a new animal drug, or a feed containing such a drug upon a finding that such suspension is necessary to reduce or eliminate a significant risk of illness or injury.
United States · United States Congress · 9 June 1976
Amends the Legislative Reorganization Act of 1946 to deny Members of Congress any increase in their rate of pay under any law passed, or plan or recommendation received, during a Congress unless such increase is to take effect not earlier than the first day of the next Congress. Makes such prohibition retroactive to those laws passed after June 30, 1975, and to plans and recommendations regarding pay transmitted by the President after such date.
United States · United States Congress · 2 June 1976
Amends the Medicare program of the Social Security Act to authorize payment under the supplementary medical insurance program for specified diagnostic tests and physical examinations given for the detection of breast cancer.
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 · 25 May 1976
Directs the Federal courts to consider, in their determinations of the imposition of terms of imprisonment for criminal offenses, the following factors: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to reflect the seriousness of the offense and the providing of adequate deterrence to criminal conduct; (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently; and (4) any sentencing guidelines established by the Commission under this Act. Establishes a United States Commission on Sentencing as an independent commission within the judicial branch of the United States Government to consist of five members appointed by the United States Judicial Conference. Directs such Commission to promulgate and distribute to all Federal courts guidelines for sentencing consistent with this Act. Empowers the Commission to establish general policies and rules necessary to carry out this Act. Empowers the Commission to utilize the services and information of other Federal, State, local and private agencies with or without reimbursement therefor. Empowers the Commission to establish a research and development program for the purpose of: (1) serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on Federal sentencing practices; and (2) assisting and serving in a consulting capacity to Federal courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices. Empowers the Commission to devise and conduct a training program of short-term instruction in sentencing techniques for judicial and probation personnel and other persons connected with the sentencing process. Requires the Commission to report annually to the Congress, the Judicial Conference, and the President on its activities. (Adds 18 U.S.C. 3579, 3621, 3657, 3742, 3801-5)
United States · United States Congress · 18 May 1976
Directs the Postmaster General to issue a special postage stamp in honor of Doctor Martin Luther King, Junior, and in tribute to his accomplishments as a citizen of the United States.
United States · United States Congress · 18 May 1976
Comprehensive Medical Practice Act - Amends the Public Health Service Act to add "Title XVII - Comprehensive Medical Practices." Defines a 'comprehensive medical practice' as a legal entity which: (1) provides medical services through health professionals licensed to practice medicine or osteopathy, a specified number of whom engage in family medicine, primary pediatrics, or primary internal medicine; (2) offers a comprehensive variety of medical services reasonably expected to meet the majority of medical needs of the area it serves; (3) offers each patient an individual health professional primarily responsible for the continuity of care of such individual by the entity; (4) shares equipment, facilities, and persnonnel among its member; (5) meets applicable accreditation standards; and (6) maintains an information program for the residents of its service area, such program fully disclosing the services offered, the fees charged, and the method of resolving billing or medical services grievances. Authorizes the Secretary of Health, Education, and Welfare to make grants to entities for activities to determine the feasibility of developing, operating, or expanding comprehensive medical practices. Authorizes the Secretary to make grants, contracts, and loan guarantees for planning, initial development, and initial operation costs for such practices. Establishes in the Treasury a loan guarantee fund to be available to the Secretary without fiscal year limitation for the discharge of the Secretary's loan guarantee responsibilities under this Act. Authorizes the appropriation, from time to time, of such amounts as may be necessary for purposes of such fund. Establishes in the Treasury a loan fund to be available to the Secretary without fiscal year limitation to enable the Secretary to make loans under this Act. Authorizes the appropriation of specified sums in fiscal years 1978 through 1980 to carry out the provisions of this Act. Authorizes the Secretary to make available to insurers reinsurance against claims brought by any of their insureds which are comprehensive medical practices and arising out of medical malpractices, which exceed $100,000. Entitles the Secretary, in any suit brought in the appropriate U.S. district court, to recover from any insurer the amount of any unpaid premiums lawfully payable by such insurer to the Secretary. Authorizes the Secretary to make grants to, and enter into contracts with, public and nonprofit private entities for projects to promote: (1) the teaching of alternative methods of delivering medical care to health professions students; (2) the training within comprehensive medical practices of students of health professional schools and individuals in residency training programs in family medicine, primary pediatrics, and primary internal medicine; (3) programs under which comprehensive medical practices serving medically underserved populations are given support services by health professional schools; and (4) programs for training in the management of comprehensive medical practices. Authorizes the Secretary to make grants to, and enter into contracts with, public and nonprofit private entities for studies to determine the quality of medical care furnished in the various forms of medical practices and the efficiency of the delivery of medical care in each form. Requires that, within three years after the date of enactment of this Act, the Secretary report to Congress the results of such studies and recommend the means by which medical care may be most economically delivered, while maintaining high quality. Requires the Secratary to give priority to applications for assignment of National Health Service Corps personnel to practice in comprehensive medical practices. Amends the Social Security Act to require State plans for medical assistance to provide that comprehensive medical practices be paid specific percentages of the costs of providing care and services.
United States · United States Congress · 18 May 1976
Smoker and Nonsmoker Health Protection Act - Title I: Cigarette Labeling And Advertising - Public Health Cigarette Smoking Act - Makes it unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which: (1) fails to bear a required health warning statement; and (2) fails to bear a statement of the tar and nicotine content of each cigarette in such package, as determined by the Federal Trade Commission. States that it shall be unlawful for any person to disseminate or cause to be disseminated any cigarette advertisement which fails to contain the required statements and which is either disseminated by United States mails or in commerce or which is likely to induce, directly or indirectly, the purchase in, or have an effect upon, commerce of cigarettes. Requires cigarettes for export to contain the required statements in the language of the country to which such package is exported. Title II: Smoking in Federal Buildings and Interstate Facilities - Federal Nonsmokers Protection Act - States that smoking shall not be permitted in any enclosed area open to the public in any Federal facility or in any stairway, elevator, hallway, conveyance, waiting room, reception room, conference room, or hearing room in any such facility. Provides that smokers shall be effectively separated from nonsmokers in any restaurant, cafeteria, snack bar, other dining facility, recreation room or lounge in any Federal facility, and that all reasonable efforts shall be made to otherwise effectively separate the workplaces of employees who do not smoke from those of employees who do smoke. States that smoking shall be unlawful in any ticket office, waiting line, or boarding area in any interstate passenger carrier facility. Requires smokers to be effectively separated from nonsmokers in any cafeteria, restaurant, other eating facility, waiting room, recreation area, or lounge in any interstate passenger carrier facility. Title III: Cigarette-Related Disease Research - Places a tax on cigarettes the proceeds of which shall be used to fund programs respecting diseases caused in whole or part by cigarette smoking.
United States · United States Congress · 4 May 1976
Sugar Disclosure Labeling Act - Requires, under the Federal Food, Drug, and Cosmetic Act, that if the amount of sugar present in a package provides ten percent or more of the total calories in the food, the label must bear a declaration of the portion of the weight of food which is sugar.
United States · United States Congress · 26 April 1976
Amends the Internal Revenue Code to allow a deduction to individuals who rent their principal residences for a portion of the real property taxes paid or accrued by their landlord.
United States · United States Congress · 13 April 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by establishing and operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the exclusive right to the name "National Opportunities Camps."
United States · United States Congress · 13 April 1976
Amends the Privacy Act of 1974 with respect to records maintained on individuals to require Federal agencies to correct, expunge, update, or supplement portions of records on any individual upon request by such individual. Requires such agency to inform each person (1) whose correspondence has been intercepted or examined, (2) who is the subject of a file of CHAOS, COINTELPRO, or "The Special Service Staff" of the Internal Revenue Service, or (3) who is named in an index of such organizations, that such records exist; to inform each person of such person's rights under the Privacy Act of 1974; and to permit such person to require destruction of such file or index.
United States · United States Congress · 8 April 1976
Higher Education Amendments - Directs the Commissioner of Education to carry out a program of establishing and maintaining funds at each of the regional offices of the Office he heads for the purpose of extending reduced-interest loans to students at institutions of higher education. Authorizes appropriations through fiscal year 1981 for the purpose of such loans. Provides for the apportionment of the appropriations authorized under this Act. Sets the terms which shall apply to such loans based upon the status of students receiving loans. Provides measures to insure the collection of loans made under this Act. Defines the terms used in this Act.
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 · 7 April 1976
Local Public Works Capital Development and Investment Act - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to any State or local government for local public works projects, including but not limited to: (1) those public works projects of State and local governments for which Federal financial assistance is authorized under provisions of law other than this Act; and (2) the architectural design, engineering, and related planning of local public works projects. Stipulates that the Federal share of any project for which a grant is made under this Act shall be 100 percent of the cost of such project. Authorizes the Secretary to make an additional grant for the purpose of increasing to 100 percent the Federal contribution to a public works project for which Federal financial assistance is authorized under provisions of law other than this Act. Stipulates that no such grants shall be made for any project which has as its principal purpose the channelization, damming, dredging, or diversion of a natural watercourse, or the enlargement of any canal other than a canal designated as a historic site. Directs the Secretary to prescribe rules, regulations, and procedures necessary to carry out this Act. Lists factors that the Secretary shall consider in accordance with the relative needs of the various sections of the country, with priority consideration to those areas where unemployment exceeds the national average. Stipulates that not less than one-half of one percent nor more than ten percent of all amounts authorized under this title shall be allocated for local public works projects within any one State. Authorizes the appropriation of $2,500,000,000 through fiscal year 1977 in order to carry out this Act.
United States · United States Congress · 6 April 1976
Establishes in the House of Representatives the Select Committee on Nuclear Proliferation and Nuclear Export Policy. Directs the Committee to conduct a full and complete study of: (1) the threat of nuclear proliferation; (2) the present policies of the United States concerning nuclear proliferation; (3) the decisionmaking process within the executive branch on nuclear export policies; and (4) any related areas which the committee deems necessary to investigate and study to discharge its responsibilities. Directs the committee to report to the House as soon as practicable the results of its investigation and study, together with such recommendations as it deems advisable.
United States · United States Congress · 2 April 1976
Petroleum Marketing Practices Act - Title I: Franchise Protection - Prohibits a franchisor from prematurely cancelling a motor fuel franchise unless written notification of intent to terminate is furnished to the franchisee and the franchisee has failed to comply with reasonable terms of the franchise agreement. Permits cancellation of the franchise, with 180 days notice, when an event occurs which is relevant to the operation of the franchise relationship, as a result of which termination of the franchise is reasonable. Prohibits a franchisor from failing to renew a franchise unless written notification is provided to the franchisee and the franchisee has failed to comply with any reasonable term of the franchise, without reasonable excuse or justification. States that the provisions of this Act shall not apply to trial franchises. Authorizes civil actions in United States district courts to enforce the provisions of this Act. Title II: Moratorium on Refiners Increasing Percentage of Distribution of Gasoline Through Refiner Operated Retail Outlets - Directs the Administrator of the Federal Energy Administration to promulgate a rule under the Energy Supply and Environmental Coordination Act of 1974 to require refiners to submit monthly reports for calendar years 1972 and 1975 on: (1) the total volume of gasoline distributed by such refiner for sales through retail outlets; and (2) the percentage of such volume distributed for sale through refiner operated retail outlets. Requires the Federal Trade Commission (FTC) to prohibit for a two year period any refiner from distributing gasoline for sale through refiner operated retail outlets if the volume of such gasoline exceeds a specified percentage. States that violation of such rule shall be considered an unfair method of competition affecting commerce. Directs the FTC to study and report to the Congress with respect to the legislative or regulatory means which the Commission recommends to promote competition in the marketing of automotive gasoline, including recommendations for appropriate prohibitions on discriminatory pricing practices and the appropriateness of specified price differentials and purchaser distinctions. Title III: Octane Disclosure - Requires the FTC to prescribe rules for determining octane ratings of gasoline and to display requirements of such ratings. Prohibits any distributor from making any representation respecting the octane rating of such gasoline unless the gasoline has been tested in accordance with such procedures and the results are fairly disclosed.
United States · United States Congress · 1 April 1976
Permits a Federal agency receiving a request for any document pursuant to the Freedom of Information Act to refer such request to the agency which originated the requested document. Provides that any agency conponent the principal purpose of which is criminal investigation must, with respect to requests for documents of 200 pages or less, comply with or deny such request within 60 days after the receipt of such request. States that an appeal from a denial of such request must be decided by such agency within 30 days of the receipt of such appeal. Allows the time limits set by this Act to be extended an additional 30 days for each 200 pages or portion thereof requested provided that the requester is informed as to the total number of pages within the scope of such request. Expands the Act to cover specified inter-agency or intra-agency memoranda (previously could not be obtained pursuant to the Act). Exempts from the provisions of such Act all records (as opposed to only medical records previously exempted by the Act) the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Provides that a document requested under the Act need not be provided if, after portions exempted from the coverage of the Act are excised, what remains is not substantial or does not contain significant information pertaining to the subject of the request. States that such document need not be released to the requester if the information it contains is already in the public domain.
United States · United States Congress · 1 April 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by establishing and operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the exclusive right to the name "National Opportunities Camps."
United States · United States Congress · 1 April 1976
Petroleum Marketing Practices Act - Title I: Franchise Protection - Prohibits a franchisor from prematurely cancelling a motor fuel franchise unless written notification of intent to terminate is furnished to the franchisee and the franchisee has failed to comply with reasonable terms of the franchise agreement. Permits cancellation of the franchise, with 180 days notice, when an event occurs which is relevant to the operation of the franchise relationship, as a result of which termination of the franchise is reasonable. Prohibits a franchisor from failing to renew a franchise unless written notification is provided to the franchisee and the franchisee has failed to comply with any reasonable term of the franchise, without reasonable excuse or justification. States that the provisions of this Act shall not apply to trial franchises. Authorizes civil actions in United States district courts to enforce the provisions of this Act. Title II: Moratorium on Refiners Increasing Percentage of Distribution of Gasoline Through Refiner Operated Retail Outlets - Directs the Administrator of the Federal Energy Administration to promulgate a rule under the Energy Supply and Environmental Coordination Act of 1974 to require refiners to submit monthly reports for calendar years 1972 and 1975 on: (1) the total volume of gasoline distributed by such refiner for sales through retail outlets; and (2) the percentage of such volume distributed for sale through refiner operated retail outlets. Requires the Federal Trade Commission (FTC) to prohibit for a two year period any refiner from distributing gasoline for sale through refiner operated retail outlets if the volume of such gasoline exceeds a specified percentage. States that violation of such rule shall be considered an unfair method of competition affecting commerce. Directs the FTC to study and report to the Congress with respect to the legislative or regulatory means which the Commission recommends to promote competition in the marketing of automotive gasoline, including recommendations for appropriate prohibitions on discriminatory pricing practices and the appropriateness of specified price differentials and purchaser distinctions. Title III: Octane Disclosure - Requires the FTC to prescribe rules for determining octane ratings of gasoline and to display requirements of such ratings. Prohibits any distributor from making any representation respecting the octane rating of such gasoline unless the gasoline has been tested in accordance with such procedures and the results are fairly disclosed.
United States · United States Congress · 31 March 1976
Authorizes and requests the President to issue annually a proclamation designating the first week of May of each year as "Clean Air Week," and inviting the Governors and Mayors of State and local governments to issue similar proclamations. Requests the President to consider including in such a proclamation an invitation calling upon the communications media and all organizations and individuals concerned with programs to improve the quality of the atmosphere to participate in "Clean Air Week."
United States · United States Congress · 30 March 1976
Amends the Bankruptcy Act to include among debts which have priority specified debts to consumers of deposits of money made in connection with the purchase of goods or services for personal or household use not delivered on the date of bankruptcy.
United States · United States Congress · 25 March 1976
Motor Carrier Reform Act - Prohibits the Interstate Commerce Commission from approving any agreement among motor carriers that sets rates for such carriers, seeks to protest or suspend rates, or was reached by permitting participation in deliberations by a carrier not holding itself out to participate in a particular joint line or interline movement affected by such agreement. Terminates specified conferences, bureaus, committees, and other organizations of carriers presently permitted by law. Exempts from the provisions of the Interstate Commerce Act carriers incidental to air transportation who operate within 100 miles of an airport. Requires the Commission to approve all applications for permits to operate as a private or contract carrier as long as it appears from the application that the applicant is fit, willing, and able to properly perform the service. Prohibits the consideration of the effect such permit will have on protesting carriers or the number of persons to be served by the applicant except as is necessary to identify the existence of a need for its services. Requires the Commission to revise commercial zones to conform with present economic realities, add to the efficiency of transport, and reduce unnecessary transport, accident exposure, fuel consumption, air pollution, noise and transport costs. Directs the Commission to develop new procedures for expediting the time required for the Commission's consideration of changes to commercial zone boundaries. Directs that permits be issued to allow continued service by a carrier which has been serving a plant from the time such plant was new until the present if that period is at least two years. Specifies that the Commission must, in considering applications for new carrier service, in its determination of whether the proposed service is or will be required by the present or future public convenience and necessity, accord substantial weight in favor of the application where it finds that such service would be reasonably likely to: (1) lower the applicant's operating costs; or (2) improve the applicant's equipment utilization or fuel efficiency; or (3) improve the applicant's service, by among other things, producing shorter transit time or avoiding interchanges; or (4) meet user or consumer preference for service, rates, or combinations thereof not available from other carriers; or (5) generally improve the competitive climate in the area for which the additional service is proposed. Directs the Commission to issue a permit for such service if it finds that the applicant is fit, willing, and able to perform the service proposed and to conform to provisions and regulations, and the proposed service is reasonably likely to provide sufficient revenues to the applicant to cover the applicant's actual costs of providing the specific transportation without regard to the effect of the applicant's service on its competitors. Requires the Commission to consider all applications submitted 18 months after the enactment of this Act within 90 days after they are submitted. Grants such permits if final action has not been taken on such application by the Commission within 90 days. Directs the Secretary of Transportation, in cooperation with the Commission and the Attorney General, to study the possibility of the need for new laws to provide greater price flexibility, eaiser entry, broadening the range of service and price options, and in general, in improving the quality of motor carrier transportation. Establishes procedures for testing the lawfulness of rate schedules filed by common carriers. Allows such rates to become effective without a hearing unless a complaint is filed in which case the Commission may suspend such rates until their lawfulness is determined in a hearing as provided by this Act. Lists limitations on the Commission's power to suspend such rates under this Act. States that rates may not be challenged as being too low if they cover the carrier's costs. Directs the Commission to broaden the categories of commodities that may be carried by individual carriers, to permit them to travel the most direct route to their destination, and to report to Congress on its actions pursuant to this requirement. Exempts from existing restrictions the carrying of cargo by a small carrier from such carrier's destination to the proximity of such small carrier's home base (termed a "haul back") if it meets the qualifications of this Act. Directs the Secretary of Transportation to consult with the States to develop a more efficient and equitable system of State regulation and make recommendations concerning such a system to the Congrsss within 18 months after the enactment of this Act. Sets forth new penalties for violating motor carrier safety laws. Exempts from the Clayton Act the merger of two or more motor carriers if the anticompetitive effects prescribed in such Act are outweighed by the public interest in such merger and its beneficial effects on the community's transportation needs and convenience.
United States · United States Congress · 25 March 1976
Creates a body corporate for charitable purposes to be known as the National Opportunities Camps. States the purposes of such corporation, including to assist in the prevention of delinquency by operating camps for disadvantaged children and to provide financial assistance to enable disadvantaged children to attend camps other than those operated by the corporation. Sets forth the powers of such corporation. Forbids the corporation from making loans to its officers, directors, or employees. Prohibits such corporation from engaging in political activity. Requires the corporation to keep correct and complete books and records which shall be available for inspection by any member entitled to vote, or the attorney or agent of such member. Grants to such corporation the sole and exclusive right to the name "National Conditioning Camps." Requires the corporation to submit annual reports to Congress on its activities.
United States · United States Congress · 22 March 1976
Privacy Protection for Rape Victims Act - Amends the Federal Rules of Evidence to prohibit, in cases of alleged rape or assault with intent to commit rape, the introduction of evidence of the victim's prior sexual conduct or reputation. Makes such prohibition inapplicable to evidence of the victim's prior sexual conduct with the alleged assailant.
United States · United States Congress · 18 March 1976
Emergency Medical Services Amendments - Extends the authorization for appropriations through fiscal year 1979 for emergency medical service systems under the Public Health Service Act. Revises provisions related to grants and contracts for the establishment, initial operation, expansion, and improvement of such systems and grants and contracts for research in emergency medical techniques. Authorizes the Secretary of Health, Education, and Welfare to conduct and support programs designed to aid in the treatment and rehabilitation of individuals injured by burns. Directs the Secretary to conduct studies of: (1) the categories of patients which should be included in a uniform reporting system to evaluate the effectiveness of emergency medical service systems in reducing death and disability; and (2) the effectiveness of Federal assistance for communication systems of public safety agencies.
United States · United States Congress · 18 March 1976
Amends the Public Health Service Act to authorize the appropriation of specified sums in fiscal years 1976 through 1979 for the purpose of continuing Federal assistance programs for health services research and statistics and Federal programs for assistance to medical libraries. Directs the Secretary of Health, Education, and Welfare to use and permit use of Department resources, provide technical assistance and advice, make grants, and enter into contracts for the provision of health services research and health statistics training for the purpose of aiding federally funded projects for health research experiments.
United States · United States Congress · 18 March 1976
Amends the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 to authorize the appropriation of specified amounts in fiscal years 1976 through 1979 to carry out the purposes of such Act. Authorizes the Secretary of Health, Education, and Welfare to designate National Alcohol Research Centers for the purpose of interdisciplinary research relating to alcoholism and other alcohol problems. Directs the Secretary to make annual grants to such centers, not in excess of $1,000,000. Requires State alcohol abuse programs and the Secretary to give special consideration to alcohol abuse treatment and prevention for women and juveniles. Entitles alcohol abusers and alcoholics to be treated at outpatient facilities receiving Federal funds for treatment of alcoholism. Requires State alcohol abuse programs to include assurance that there will be some means of evaluating the effectiveness of treatment and rehabilitation programs funded under the Act. Requires that the National Advisory Council on Alcohol Abuse and Alcoholism approve applications for grants under such Act. Amends the Drug Abuse Office and Treatment Act of 1972 to require State drug abuse programs and the Secretary to give special consideration to drug abuse treatment and prevention for women and juveniles.
United States · United States Congress · 18 March 1976
National Health Promotion and Disease Prevention Act - Title I: Health Information and Health Promotion - National Health Information and Health Promotion Act - Amends the Public Health Service Act to add title XVII (Health Information and Health Promotion). Directs the Secretary of Health, Education, and Welfare to formulate national goals with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care. Directs the Secretary to undertake and support activities necessary to achieve such goals. Authorizes the appropriation of specified sums for fiscal years 1977 through 1979 to carry out such purposes. Directs the Secretary to monitor proposed Federal legislation and Federal programs, making recommendations on any changes necessary in the interest of public health. Directs the Secretary to conduct research programs in health information and health promotion, preventive health services, and education in the appropriate use of health care, and to determine the best methods of disseminating information about such area. Directs the Secretary to study environmental, occupational, social, and behavioral factors which affect health. Directs the Secretary to formulate methods of evaluating the costs and effectiveness of activities funded under this title. Directs the Secretary to make a continuing survey of needs, interest, attitudes, knowledge, and behavior of the American public regarding health and health care. Directs the Secretary to conduct and support, by grant or contract, new and innovative programs in health information and health promotion, preventive health services, and education in the appropriate use of health care. Authorizes the Secretary to make grants to States and other public and nonprofit private entities for the purposes of demonstration and evaluation programs which provide information respecting the costs and quality of health care or information respecting health insurance policies and prepaid health plans. Directs the Secretary to conduct and support, by grant or contract, such activities as are necessary to make health information and health promotion information available to the consumers of medical care, providers of such care, and schools. Requires the Secretary to submit an annual report to Congress on the status of health concerns reflected by this title, each such report to include a description and evaluation of activities carried out under this title and relevant legislative recommendations. Directs the Secretary to conduct a study of health education services and preventive health services to determine the coverage of such services under public and private health insurance programs. Establishes a committee to provide for the communication and exchange of information necessary to effectively coordinate Federal programs and health activities which relate to health information and health promotion, preventive health services, and education in the appropriate use of health care. Directs the Secretary to establish within the Department of Health, Education, and Welfare an Office of Health Information and Health Promotion to establish a national information clearinghouse to facilitate the exchange of information on health concerns under this title. Authorizes the establishment of a nonprofit corporation to be known as the Center for Health Promotion, such Center to be responsible for advancing health programs under this title. Directs the Center to serve as a forum for the involvement of entities involved in health care and education and to assist in accelerating the incorporation of proven methods of achieving the purposes of this title by establishing a system of technical assistance, training, and consultation. Requires the Center to report annually to Congress on its operation, activities, and financial condition. Authorizes the appropriation of specified sums for the expenses of the Center in fiscal years 1977 through 1979. Title II: Disease Prevention and Control - Disease Prevention and Control Amendments - Authorizes the Secretary to make grants to States and public and nonprofit private entities to assist them in meeting the costs of disease prevention and control programs. Directs the Secretary to give special consideration to programs to increse the immunization rates of any population identified as not having received the generally recognized disease immunizations. Authorizes the appropriation of specified amounts to carry out the purposes of this title in fiscal years 1976 through 1978. Requires the Secretary to submit to the President for submission to Congress an annual report on the effectiveness of all Federal, public, and private activities in preventing and controlling specified diseases. Directs the Secretary to develop a plan under which resources of the Public Health Service and other agencies under the Secretary's jurisdiction could be effectively used to control epidemics of specified diseases and other health emergencies. Permits the Secretary to extend temporary assistance to States or localities in meeting health emergencies. Extends programs to combat venereal disease through fiscal year 1978 and authorize specified sums to carry out such programs. Amends the Lead-Based Paint Poisoning Prevention Act to require federally funded follow-up programs to include measures to eliminate lead-based paint hazards from surfaces in and around residential dwelling units. Directs the Consumer Product Safety Commission to take such steps as are necessary to prohibit the application of lead-based paint to any toy or furniture article. Directs the Commission to determine whether or not a level of lead in paint greater than six one-hundredths of one percent but not in excess of five-tenths of one percent is safe, the definition of "lead-based paint" under such Act to be revised in accordance with the Commission's findings. Authorizes the appropriation of specified sums for fiscal years 1976 through 1978 to carry out the purposes of such Act. Title III: Miscellaneous Amendment - Amends the Public Health Service Act to redefine "State" as, in addition to the several States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.
United States · United States Congress · 18 March 1976
Authorizes the States, in their plans for medical assistance under Title XIX (Medicaid) of the Social Security Act, to make arrangement for the purchase of laboratory and x-ray services.
United States · United States Congress · 18 March 1976
Designates April 8, 1976, as "National Food Day". Authorizes and requests the President to issue a proclamation to promote public involvement in order to develop a national food policy guided by the needs of people, both in the United States and abroad.
United States · United States Congress · 18 March 1976
Directs the President to express the request of the United States Government that the Government of the Union of Soviet Socialist Republics provide Valentyn Moroz with the opportunity to accept the invitation of Harvard University to join the Harvard Ukrainian Research Institute for the 1976-77 academic year.
United States · United States Congress · 16 March 1976
Recognizes the right to a nutritionally adequate diet as a cornerstone of United States policy in areas such as trade, assistance, monetary reform and military spending. Seeks to improve food assistance programs in the United States. Calls for an increase in this nation's assistance for self-help development among the world's poorest people. Sets a target of one percent of our total national production to be spent for such assistance.
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
Permits a tax credit, under the Internal Revenue Code, in an amount equal to ten percent of the wages paid by the taxpayer during the taxable year to each eligible employee. Defines the term "eligible employee" to mean an individual hired by the taxpayer without displacing any other individual, if such individual was not employed by the taxpayer during the prior 42-day period and if such employee works for the taxpayer more than 13 consecutive weeks or more than 30 weeks. Limits such credit to $800 per eligible employee. Establishes and defines special rules for the administration of this tax credit.