United States · United States Congress · 26 April 1976
Federal Criminal Law Revision and Constitutional Rights Preservation Act - Title I: Codification, Revision, and Reform of Title 18 Part I; General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act. Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction. Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind. Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as an agent for an organization, as an organization for an agent, and for criminal facilitation. Chapter 5: Bars and Defenses - Stipulates that the bars and defenses to prosecution set forth in this chapter are not exclusive except as specified. Allows additional bars and defenses to be developed by the courts. Bars prosecution, when time limitations have run, when the subject is less than 16 years old, and in cases of unlawful entrapment. Sets forth situations in which a single prosecution is required for two or more offenses. Stipulates that former prosecution for the same offense and for a different offense shall be a bar to prosecution in circumstances specified in the Act. States that former prosecution in another jurisdiction may act as a bar to prosecution. Bars subsequent prosecution by a State in specified situations. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication. Establishes, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendant, at the time of such conduct, as a result of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the conduct in question or to conform such conduct to the requirements of law. Specifies that "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Defines additional defenses, including duress, protection of persons, protection of property, use of force to make an arrest, and official misstatement of law. Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them. Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, such person intentionally engages in conduct that, in fact, constitutes a substantial step toward commission of the crime. Makes a person guilty of criminal conspiracy if such person agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and one or more of such persons, with intent to effect any objective of the agreement, engages in any conduct which substantially tends to effect such objective. Prohibits any person from being charged both with conspiracy to commit a crime and with the substantive offense itself. Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, and engaging in para-military activity. Defines sabotage and related offenses, including violating an emergency regulation; evading military or alternative civilian service; obstructing military recruitment of induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing classified national defense information for use by a foreign nation to injure the national defense, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses. Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transactions. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, unlawfully employing an alien, and fraudulently acquiring or improperly using a passport. Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government function, including impersonating an official, and misusing governmental authority. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding. Makes a person guilty of the offense of tampering with a witness or an informant if such person uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning such individual to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) be absent from an official proceeding to which such individual has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense. Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order. Makes a person guilty of criminal contempt if such individual: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction. Defines perjury, false swearing, making a false statement, and tampering with a government record, information disclosure, and nonelected public servant making a false statement. Defines offenses involving official corruption and intimidation, including briberty, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant. Makes a person guilty of the offense of trading in special influence if such individual: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to taking an official action or performing a legal duty as a public servant. Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. Stipulates, regarding the offense of tax evasion, that a person is guilty of an offense if he, with intent to evade liability for a tax or the payment of a tax: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; or (5) otherwise acts in any manner to evade liability for, or payment of, the tax. Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property. Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because such person exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States. Makes a person guilty of an offense if, by force or threat of force such person intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings. Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a Federal public servant or in a Federal building; making a political contribution as a foreign national; or making an excess campaign expenditure. Stipulates, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, such person: (1) engages in conduct constituting a crime under this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution. Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. Stipulates, regarding the offense of eavesdropping, that a person is guilty of an offense if such person intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1). Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if such person: (1) engages in conduct that knowingly causes the death of another person; (2) engages in conduct that causes the death of another person under circumstance in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that is commited either alone or with one or more other participants, such individual or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense. Makes a person guilty of the offense of manslaughter if such individual: (1) engages in conduct that causes the death of another person; or (2) engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder. Makes a person guilty of negligent homicide if such person engages in conduct that negligently causes the death of another person. Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. Stipulates, regarding the offense of rape, that a person is guilty of an offense if such individual engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old. Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses, including environmental spoilation and failure to prevent catastrophe; (2) burglary and other criminal intrusion offense; (3) robbery, extortion, and blackmail; (4) theft and related offenses including consumer fraud; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. Stipulates that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate. Defines drug offenses including trafficking in an opiate, trafficking in drugs other than marihuana, trafficking in marihuana, possessing drugs and violating a drug regulation. Makes a person guilty of trafficking in marihuana if such person distributes marihuana to an individual who is less than 18 years old. Makes the possession of marihuana punishable by a fine or $100. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, such person engages in violent, tumultuous, or threatening conduct. Makes it an offense for a Federal public servant acting in official capacity to induce or encourage another person to engage in conduct constituting an offense by either making knowingly false representations designed to induce the belief that such conduct is not prohibited or by employing methods of persuasion which create a substantial risk that an offense will be committed by persons other than those who are ready to commit it. Part III: Sentences - Chapter 20: General Provisions - Requires that an individual found guilty of an offense be sentenced to probation, a fine, a term of imprisonment, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Outlines the areas which must be considered in such report. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists. Permits the courts to require those convicted of offenses to notify the class of persons affected by the conviction. Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Establishes authorizes terms of probation for each class of offense. Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines. Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses including 15 years for a class A felony, seven years for a class B felony, and four years for a class C felony. Sets forth factors to be considered in imposing terms. Requires that multiple sentences run concurrently unless the court specifies consecutive running, based upon a list of considerations. Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the Department of the Interior to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information. Chapter 31: Ancillary Investigate Authority - Stipulates that, if a person refuses, on the basis of the privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court or grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which such person may testify, or produce evidence, provided however that no person may be compelled to testify or to produce a record, document, or other object if a refusal to do is on the basis of the privilege against self-incrimination. Authorizes the district court upon application of the United States attorney to issue an order of immunity for a person who has been or may be subpoenaed to testify or to produce a record, or document. Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature. Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense. Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form. Reguires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime. Allows extradition to be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title. Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable. Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government. Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States. Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge. Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense. Allows an offense begun in one judicial district and completed in another, or commited in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed. Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Requires the establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and the establishment of Community Defender Organizations, to consist of nonprofit defense counsels. Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Directs that persons charged with non-capital offenses be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond. Allows appeal from a denial of release. Chapter 36: Disposition of Juvenile or Incompetent Offenders - Directs the Attorney General to forgo prosecution and surrender an arrested juvenile to State jurisdiction unless, after investigation, the Attorney General certifies that the State - (1) will not assure jurisdiction over the person; or (2) does not have available programs and services adequate for the needs of the juvenile. Establishes guidelines for the surrender of a person between the age of 18 and 21 years arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Allows a juvenile to be proceeded against only by information, and directs that no criminal prosecution may be instituted for the offense charged. Stipulates that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place the jurvenile on probation as specified or commit the juvenile to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near the individual home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure. Allows subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion to be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering such defendant mentally incompetent to the extent of being unable to understand the nature of the proceedings or to assist properly in the defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense. Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress. Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences. Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Decribes their duties. Allows a probationer who is alleged to have violated a condition of probation to be ordered to appear at a hearing before the court having jurisdiction over him. Permits that persons found guilty of drug offenses, with no prior drug convictions, to be placed on probation for one year without the entering of a judgment of conviction. Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined. Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishment of family ties and specified employment situations, under which a prisoner can obtain temporary releases. Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Requires a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Directs that rules and regulations necessary for the administration of the provisions of this chapter be promulgated in accord with the Administrative Procedure Act. Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows intiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title. Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering. Chapter 41: Ancillary Private Civil Remedies - Stipulates that a person injured in his business or property by reason of a racketeering offense has a civil cause of action in district court to recover three times the damages sustained and litigation costs. Establishes civil remedies for persons whose oral communications are illegally intercepted. Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation. Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - Requires that these rules be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants. Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. Enumerates the conditions under which a preliminary examination shall be held for the finding of probable cause. III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. Permits disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror to be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court. Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court. Prescribes the use of indictments and information, including their contents and forms. Describes the conditions under which joinder of offenses and defendants will be permitted. IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment of information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted. Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement. States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure. Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas. V. Venue - Stipulates that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial. VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties. Prescribes procedures for jury examination and challenges. Allocates the burdens of proof for offenses, defenses, affirmative defenses, and for jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place. Makes rules for closing arguments, instructions, and verdicts. VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Requires that a judgment of conviction set forth the pleas, the verdict or findings, and the adjudication and sentence. Sets forth conditions allowing a new trial. VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken. IX. Supplementary and Special Proceedings - Sets forth conditions and procedures for removal to another district. Details, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted) and the nature of the return. Prescribes rules for disposition of criminal contempt. X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title. Rules of Procedures for the Trial of Minor Offenses Before United States Magistrates - Declares that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Stipulates that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure. Sets forth such rules covering scope, minor offenses other than petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court.
United States · United States Congress · 13 April 1976
Repeals the Postal Reorganization Act. Reenacts provisions relating to the postal service which were in effect immediately prior to the enactment of such Act.
United States · United States Congress · 13 April 1976
Authorizes payment under the supplementary medical insurance program of title XVIII (Medicare) of the Social Security Act for hearing aids and dentures.
United States · United States Congress · 13 April 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 · 12 April 1976
Excludes dividends received from domestic corporations from the terms "foreign oil and gas extraction income" and "foreign oil related income" for purposes of taxation under the Internal Revenue Code.
United States · United States Congress · 12 April 1976
Sales Representatives Protection Act - States that the purpose of this Act is to provide a reasonable and equitable system under which sales representatives may be indemnified for commissions denied them because of wrongful terminations. Title I: Indemnification - Requires any principal to indemnify any sales representative who experiences a loss of commission income if such principal causes such loss by wrongfully: (1) taking away from such representative an account originally developed or serviced by such representative; (2) causing the amount of such representative's commission to be decreased by 25 percent or more by reducing the size of such representative's geographic territory; or (3) decreasing the rate of such representative's commission by 25 percent or more. States that such indemnification must be paid in accordance with formulae set forth in this Act. Title II: Contracts Between Sales Representatives and Principals - Sets forth provisions which must be included in any employment contract between sales representatives and their principals including: (1) rate of commission; (2) terms affecting advance payments of future compensation; and (3) a description of the sales territory. Lists duties of the principal with respect to furnishing such sales representative with information concerning his or her accounts or compensation. Title III: Miscellaneous - Sets forth procedures by which this Act may be enforced in any United States district court.
United States · United States Congress · 9 April 1976
Requires the United States Postal Service to consider specified factors in determining the need for an existing third- or fourth-class post office. Sets guidelines relating to with determinations.
United States · United States Congress · 9 April 1976
Permits States, under the Emergency Unemployment Compensation Act of 1974, to elect to provide for the payment of emergency unemployment compensation benefits on the basis of area "emergency on" or "emergency off" indicators. States that such election may be made in the time and manner which the Secretary of Labor prescribes, and shall be irrevocable. States that for purposes of this Act there shall be an area "emergency on" indicator for any week if the rate of insured unemployment in such area has equaled or exceeded five percent for at least 12 weeks.
United States · United States Congress · 9 April 1976
Amends the Higher Education Act of 1965 to require the Commissioner of Education to make Federal interest subsidy and administrative cost allowance payments to holders of loans under such Act on behalf of the borrower within 30 days of receipt by the Commissioner of an itemized voucher in such form as the Commissioner shall by regulation prescribe.
United States · United States Congress · 9 April 1976
Amends the Impoundment Control Act of 1974 to provide that any amount of budget authority proposed to be rescinded or reserved by the President shall be made immediately available for obligation if either House of Congress (before the expiration of the 45-day period for disapproval by congressional inaction prescribed by present law) disapproves such rescission or reservation. Permits either House of Congress to direct the Comptroller General to bring a civil suit to enforce the provisions of this Act.
United States · United States Congress · 9 April 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 · 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 · 8 April 1976
Local Public Works Capital Development and Investment Act - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to any State or local government for local public works projects, including but not limited to: (1) those public works projects of State and local governments for which Federal financial assistance is authorized under provisions of law other than this Act; and (2) the architectural design, engineering, and related planning of local public works projects. Stipulates that the Federal share of any project for which a grant is made under this Act shall be 100 percent of the cost of such project. Authorizes the Secretary to make an additional grant for the purpose of increasing to 100 percent the Federal contribution to a public works project for which Federal financial assistance is authorized under provisions of law other than this Act. Stipulates that no such grants shall be made for any project which has as its principal purpose the channelization, damming, dredging, or diversion of a natural watercourse, or the enlargement of any canal other than a canal designated as a historic site. Directs the Secretary to prescribe rules, regulations, and procedures necessary to carry out this Act. Lists factors that the Secretary shall consider in accordance with the relative needs of the various sections of the country, with priority consideration to those areas where unemployment exceeds the national average. Stipulates that not less than one-half of one percent nor more than ten percent of all amounts authorized under this title shall be allocated for local public works projects within any one State. Authorizes the appropriation of $2,500,000,000 through fiscal year 1977 in order to carry out this Act.
United States · United States Congress · 7 April 1976
Terminates the authorization for the Tocks Island Reservoir project in New Jersey, New York, and Pennsylvania. Requires that property acquired by the Secretary of the Army pursuant to such authorization be transferred to the Secretary of the Interior for management by the National Park Service. Establishes criteria for administration of such lands by the Secretary. Directs the Secretaty to relocate United States Highway Numbered 209 as part of the authorization for the Delaware Water Gap National Recreation Area in order to reduce the environmental impact on the area.
United States · United States Congress · 7 April 1976
Authorizes the Administrator of Veterans' Affairs to assist any veteran, who has a permanent and total service-connected disability due to the loss, or loss of use, of one arm and one leg, including but not limited to cases of hemiparaplegia, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, in acquiring a suitable housing unit with special fixtures or moveable facilities made necessary by the nature of the veteran's disability, and necessary land therefor. (Amends 38 U.S.C. 801)
United States · United States Congress · 6 April 1976
Prohibits the reduction of an individual's old-age insurance benefits under title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act based on outside earnings of an individual from either wages or self-employment.
United States · United States Congress · 6 April 1976
Solid Waste Energy and Resource Recovery Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency: (1) to assist with research projects for the development of pilot plant facilities for the purpose of investigating new fuels, recovery methods, or technology; (2) to conduct demonstrations of new methods and technology; and (3) to test and evaluate such pilot plants and demonstration projects. Directs the Administrator to establish a program for the collection and dissemination of information to assist Federal, State, interstate, regional, and local agencies in planning and building solid waste collection, recycling and recovery facilities. Sets forth specific areas to be covered by such program. Directs the Administrator to make grants to State, interstate, municipal and intermunicipal agencies for: (1) the implementation of solid waste management plans and planning programs; (2) the development and revision of solid waste disposal plans as part of regional environmental protection systems; (3) the development of interlocal regions and establishment of regional agencies; (4) the development of proposals for various projects; and (5) the planning of programs for the removal and processing of abandoned motor vehicle hulks. Authorizes the Administrator to impose conditions consistent with the purposes of this Act upon such grants. Limits the amount of available Federal assistance to 85 percent of the total cost. Authorizes the Administrator to guarantee loans incurred by State, regional, or local government agencies to finance the construction of large-scale fuel, energy, or resource recovery facilities. Limits the total outstanding indebtedness allowed under this Act to $75,000,000. Sets forth procedures for applying for loan guarantees under this Act. Authorizes the Administrator to make grants to a State, regional authority or local government agency for the construction, operation, or maintenance of fuel, energy, and resource recovery facilities when such facilities cannot be financed by any other means. Limits the amount of each grant to 25 percent of the total cost of the project. Authorizes the appropriation of the following amounts for solid waste research and development and for grants for energy and resource recovery programs: $65,000,000 for the fiscal year ending June 30, 1977; $17,000,000 for the transitional period ending September 30, 1977; and $70,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for State, interstate, and local planning: $35,000,000 for fiscal year 1977; $9,000,000 for the transitional period; and $45,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for construction of facilities: $40,000,000 for fiscal year 1977; 12,000,000 for the transitional period; and $60,000,000 for fiscal year 1978.
United States · United States Congress · 5 April 1976
Amends the Tariff Schedules of the United States to require proof of automobile property and personal liability insurance on automobiles imported for the personal use of nonresidents and foreign government personnel, in an amount equal to the minimum insurance requirements in those States in which the vehicle will be operated. Directs the Secretary of the Treasury to forward identifying information on such vehicles to the Secretary of Transportation who shall forward such information to the appropriate State agency responsible for motor vehicle registration. Excludes from such requirements automobiles which will be in the United States for not more than 30 days. Requires importers of automobiles so excluded to forward the required information to the nearest customs officer in the event the vehicle remains in the country for 40 days. Authorizes the Secretary of the Treasury to impose a fine of $5,000 upon violators of this Act who had no notice of such requirements. Sets forth penalties of $5,000 or imprisonment for not more than one year, or both, for knowingly failing to furnish information required under this Act.
United States · United States Congress · 5 April 1976
Removes the present requirement that a veteran either: (1) have been discharged or released under conditions other than dishonorable; or (2) have died while in the active service, for his widow, children, or parents to be eligible for dependency and indemnity compensation. (Amends 38 U.S.C. 410)
United States · United States Congress · 5 April 1976
Federal Power Commission Public Participants Assistance Act - Amends the Federal Power Act to establish an Office of Public Participation in the Federal Power Commission in order: (1) to administer a program of reimbursement for costs incurred in Commission proceedings by qualified public participants; and (2) to advise and assist the public in order to insure full and adequate participation by all segments of the public in Commission proceedings. Establishes procedures and criteria for determination of eligibility of participants for assistance under this Act. Authorizes the appropriation of $2,000,000 for fiscal year 1977, and such sums as may be necessary in succeeding fiscal years, for the reimbursement program established by this Act. Authorizes the appropriation of such sums as may be necessary for the administrative costs of maintaining the Office of Public Participation.
United States · United States Congress · 2 April 1976
Amends the Small Business Act to establish a direct, low-interest loan program to assist small business concerns in the development of solar heating and cooling equipment for residential structures. Provides that no loan may exceed $250,000. Prescribes an interest rate of five percent, and sets the maximum term at 20 years, for such loans.
United States · United States Congress · 2 April 1976
Requires the United States Postal Service to consider specified factors in determining the need for an existing third- or fourth-class post office. Sets guidelines relating to with determinations.
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
Increases by $2,500,000,000, the amount authorized to be appropriated for long-term direct loans to nonprofit sponsors for construction of housing for the elderly and the handicapped.
United States · United States Congress · 1 April 1976
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
Surplus School Conservation Act - Directs the Secretary of Housing and Urban Development to make grants to local agencies to pay the costs of renovating closed school buildings so they may be converted for other educational and social purposes. Suggests purposes for which conversion grants may be extended, including: (1) community centers; (2) senior citizen centers; (3) day care centers; (4) vocational schools; (5) medical facilities; and (6) recreational centers. Sets forth application requirements which local agencies must complete including: (1) structuring a plan for renovation of the closed school building; (2) estimating costs of such renovation; and (3) demonstrating to the Secretary's satisfaction sufficient financial ability to carry out the provisions of such plan. States that the amount of a grant under this Act shall be 80 percent of the estimated cost of renovation. Requires local agencies which receive a grant for more than the actual cost of renovation to return such surplus money to the Secretary. Sets priorities to be followed by the Secretary in approving applications for grants under this Act including: (1) an application for renovating a closed school building in a school district whose current school enrollments have decreased by ten percent or more from the school enrollments of the previous school year, and (2) an application for renovating a closed school building which is not being utilized for any educational or social service purpose at the time of application. Directs the Secretary to serve as a national clearinghouse to local agencies by providing information on feasible alternative uses for closed school buildings. Prohibits the distribution of more than ten percent of the funds appropriated by Congress for the program for grants in any fiscal year. Requires the Secretary to prepare and submit to the President and Congress: (1) a yearly report listing local agencies which received grants and the purposes for which such grants were made; and (2) a detailed evaluation of the effectiveness of the program based on cost analysis and a survey of school closure problems to be submitted at the end of three years.
United States · United States Congress · 31 March 1976
Designates April 15 of each year as "Holocaust Remembrance Day". Authorizes and requests the President to issue a proclamation each year calling for the observance of such day with appropriate ceremonies.
United States · United States Congress · 30 March 1976
Emergency Tenants' Loan Act - Authorizes the Secretary of Housing and Urban Development to make repayable emergency rent payments on behalf of tenants who are, or will be, subject to eviction proceedings as a result of being unable to make their rental payments by reason of their unemployment or underemployment. States that such payments may not be approved unless: (1) the tenant will be unable to make his rental payments; (2) the tenant has incurred a substantial reduction in income due to adverse economic conditions; (3) there is a reasonable prospect that the tenant will be able to repay the loan made by the Secretary; and (4) the rental property is the tenant's principal place of residence. Allows rental assistance for part or all of the tenant's rent up to $250 per month for a maximum of two years. Provides for interest to be charged according to the tenant's ability to pay but not more than eight percent per year. Requires that the payments be deferred until the tenant is able to pay the loan. Permits the Secretary to require security for the repayment of the loan, but provides that the Secretary may not refuse a loan for lack of security. Authorizes to be appropriated not more than $500,000,000 to carry out the purposes of this Act. Provides that no payments may be authorized after September 30, 1977. Provides penalties for any person obtaining any benefits under this Act through the giving of false information. Requires the Secretary to report to the Congress every 60 days concerning delinquent repayments and actions taken to carry out the purposes of this Act.
United States · United States Congress · 30 March 1976
Authorizes any taxpayer to elect to have any portion of any overpayment of tax or any contribution in money which the taxpayer forwards with the return for such taxable year, under the Internal Revenue Code, be available, as the taxpayer may designate on such return, for the National Endowment for the Arts or the National Endowment for the Humanities.
United States · United States Congress · 29 March 1976
Extends to homemakers the coverage of title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act. Defines the term "homemaker" for the purposes of this Act. States that the amount which a homemaker will be credited with earning in any month will be based on the average wage paid in the labor market for the same kind of services. Authorizes the appropriation, from specified trust funds of the Social Security program, of such funds as may be required by reason of the coverage of homemakers pursuant to this Act.
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 · 24 March 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 · 24 March 1976
Makes individuals meeting specified criteria eligible for the award of reasonable attorney fees, expert witness expenses, and other costs reasonably incurred in connection with participation in any rulemaking, licensing, adjudicatory, or other proceeding conducted by a Federal agency. Directs individuals entitled to such an award to file an itemized bill with the clerk of the United States district court for the district where the proceeding was held within 30 days after final disposition of the matter involved in the proceeding. Directs the Administrative Office of the United States Courts to make payment of fees, expenses, and other costs under such awards, seeking reimbursement from the appropriate Federal agency. Makes prevailing plaintiffs in proceedings to review Federal agency actions eligible for the award by the court of reasonable attorney fees, expert witness expenses, and other costs reasonably incurred in such proceedings. Permits the court to reduce or deny an award on account of any direct monetary benefit secured by or the resources available to the person seeking review. Requires the Administrative Office of the United States Courts to submit to Congress an annual report on awards made under this Act. (Adds 5 U.S.C. 559, 707)
United States · United States Congress · 24 March 1976
Replaces Federal criminal statutory provisions penalizing "rape" and "carnal knowledge of females under 16" with provisions penalizing "sexual assault." Designates guilty of sexual assault any person who knowingly engages in sexual contact or penetration of another person without such person's consent. Imposes penalties for sexual contact or penetration of any person who has not attained the age of 18, notwithstanding such person's consent. Sets forth penalties for such assault according to specified criteria, including the consideration of aggravating factors. Specifies procedures for medical examination of alleged victims of offenses under this Act. Prohibits the introduction of evidence of the victim's prior sexual activity unless the court determines after an in camera hearing that the evidence is relevant and material and does not constitute an unnecessary invasion of privacy. (Amends 18 U.S.C. 2031-35)
United States · United States Congress · 24 March 1976
Authorizes the Secretary of the Treasury to reimburse State and local governments for expenditures made at the request of the United States Secret Service for the protection of any person the Service is authorized to protect.
United States · United States Congress · 23 March 1976
Amends the Social Security Act to authorize payment under the medicare program for specified services performed by chiropractors, including x-rays and physical examinations, and related routine laboratory tests.
United States · United States Congress · 23 March 1976
Amends the Impoundment Control Act of 1974 to provide that any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in a special message shall be made immediately available for obligation if either House (before the expiration of the prescribed 45-day period) passes a rescission resolution disapproving such rescission or reservation.
United States · United States Congress · 22 March 1976
Authorizes appropriations to the Environmental Protection Agency for fiscal year 1977 for environmental research, development, and demonstration activities in the following categories and amounts: (1) under the Federal Insecticide, Fungicide, and Rodenticide Act, $13,813,900; (2) health studies under the Public Health Service Act, $878,900; (3) under the Safe Drinking Water Act, $13,592,500; (4) under the Clean Air Act, $129,223,500; (5) under the Solid Waste Disposal Act, $9,278,900; and (6) under the Federal Water Pollution Control Act, $89,779,300. Prohibits the transfer of more than ten percent of the total funds in one category to another category without the consent of Congress. Establishes procedures for obtaining the consent of Congress in such cases. Authorizes tranfers of an amount not to exceed ten percent of the total research budget for the Agency to other authorized Agency activities (except waste treatment works construction grants and overseas research programs). Directs the Administrator of the Environmental Protection Agency to prepare a comprehensive five-year plan for environmental research, development and demonstration. Requires a study of all aspects of the coordination of environmental research and development, to be chaired by the Chairman of the Council on Environmental Quality.
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
Repeals the revisions of the Official United States Standards with respect to the grading of carcass beef and slaughter cattle. States that no change shall become effective in grade designations or specifications for slaughter cattle or carcass beef which provides for a higher grade designation for such cattle or carcass than would exist under current standards. Authorizes and directs the Secretary of Agriculture to promulgate regulations to establish a different and non deceptive grade designation and specification for beef.
United States · United States Congress · 18 March 1976
Establishes a Bureau of Agricultural Statistics within the Department of Agriculture. States that the Bureau shall obtain information with regard to: (1) the prices received by producers and processors of agricultural commodities; and (2) the wholesale and retail prices of food. Directs the Bureau to issue a report to the Congress containing a summary of such information and recommendations for legislation to provide lower retail prices when the prices received by producers of any agricultural commodity are decreasing or remaining constant and the retail prices of food made from such commodity are increasing. Places such Bureau under the direction of a Commissioner of Agricultural Statistics to be appointed by the President. Directs such Commissioner to recommend to Congress legislation providing any mandatory reporting requirement the Commissioner deems necessary to carry out the provisions of this Act.
United States · United States Congress · 18 March 1976
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 · 17 March 1976
Authorizes payment under the supplementary medical insurance program of title XVIII (Medicare) of the Social Security Act for hearing aids and dentures.
United States · United States Congress · 17 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 · 16 March 1976
Authorizes appropriations under the Federal Fire Prevention and Control Act of $15,000,000 for fiscal year 1977 and $20,000,000 for fiscal 1978. Authorizes appropriations for fire research and safety of $5,500,000 for fiscal year 1977 and $6,000,000 for fiscal year 1978. Prohibits the Administrator of the National Fire Prevention and Control Administration from conducting fire research without the specific authorization of the Secretary of Commerce. Stipulates that no commitment to obligate funds for the construction of any facility of the National Academy for Fire Prevention and Control shall be made unless the Congress approves.
![Official portrait of Rep. Ottinger, Richard L. [D-NY-20]](https://www.congress.gov/img/member/o000134_200.jpg)