United States · United States Congress · 15 July 1977
Amends the Clayton Antitrust Act to entitle the United States, natural persons, and State attorney generals acting as parens patriae for persons residing within the State to bring civil actions under such Act for injury in fact, whether direct or indirect. States that this amendment shall apply to any civil action pending on June 9, 1977, or filed thereafter.
United States · United States Congress · 14 July 1977
Establishes the Chattahoochee River National Recreation Area composed of a 48-mile segment of the Chattahoochee River and adjoining lands in the State of Georgia from Buford Dam downstream to Peachtree Creek. Authorizes the Secretary of the Interior to acquire lands, waters, and interests therein by donation, purchase or exchange. Reserves a right to retain use and occupancy of noncommercial residential property for specified owners. Authorizes the Secretary to administer, protect, and develop the recreation area in cooperation with the State or its political subdivisions. Prevents the Federal Power Commission from licensing the construction of any dam, water conduit, reservoir, or other project works on or directly affecting the recreation area. Prohibits any department or agency of the United States from recommending authorization of any water resources project that would have a direct and adverse effect on the values for which such area is established. Authorizes such funds as are necessary to carry out the provisions of this Act. Requires that within three years of the effective date of this Act the Secretary shall, after consulting with the Governor of the State of Georgia, develop a general management plan for the use and development of the recreation area.
United States · United States Congress · 14 July 1977
Stocks Management and Reserve Act -- Title I: Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish, maintain and dispose of a separate reserve of wheat, corn and other enumerated feed grains through storage contracts with producers. Limits such reserves to no less than 25 million tons nor more than 35 million tons. Specifies how the Secretary may establish such reserves through the Commodity Credit Corporation. Title II: Amends the Agriculture Act of 1949 to set the loan level per bushel of wheat at $2.25 for the 1977 crop and $2.35 for the 1978 through 1981 crops. Sets the loan level per bushel of corn at $1.75 for the 1977 crop and $2.00 for the 1978 through 1981 crops. Sets a formula for the adjustment of the respective loan rates under specified circumstances. Requires the Secretary to set a fair and reasonable loan level on each crop of barley, oats, and rye. Title III: Amends the Agriculture Act of 1949 to authorize the President (1) to enter into negotiations with other nations to develop an international system of food reserves to provide for humanitarian food relief needs, and (2) to establish and maintain an International Emergency Food Reserve, as a contribution of the United States toward the development of such a system, to be made available in the event of food emergencies in foreign countries. Requires for such reserve minimum stocks of two million tons, allowing an increase up to six million tons pursuant to an international agreement. Requires periodic rotation of such stocks to avoid spoilage and deterioration.
United States · United States Congress · 14 July 1977
Product Liability Insurance Tax Equity Act - Amends the Internal Revenue Code to qualify trusts established for the payment of product liability claims as tax exempt organizations. Allows taxpayers a business income tax deduction for contributions to such trusts only to the extent they exceed the reasonable costs of product liability insurance for the deducting taxpayer.
United States · United States Congress · 13 July 1977
National Home Health Care Act - Broadens the coverage of home health services under Title XVIII (Medicare) of the Social Security Act and removes the 100-visit limitation presently applicable to the home health service program. Extends the coverage of posthospital home health services to include payment for items and services which the individual could otherwise obtain in a skilled nursing facility. Amends Title XIX (Medicaid) of the Social Security Act to require the inclusion of home health services in a State's Medicaid program and permit the payment of rent under such program for elderly and handicapped persons who would otherwise require nursing home care. Provides expanded Federal funding for congregate housing for the displaced and the elderly by increasing the amount available for such housing under the low-income housing program. Establishes, in the Department of Health, Education, and Welfare, a Home Health Patient Ombudsman, who shall be appointed and provided with adequate staff and facilities by the Secretary. Makes it the duty and responsibility of the ombudsman to monitor specified programs under the Social Security and the various medical assistance programs under the State plans approved pursuant to such Act, and to maintain such oversight of those programs and their operation and administration as may be necessary to: (1) assure that home health patients under such programs are receiving the care to which they are entitled: (2) provide safeguards against over-charging for home health services; (3) identify abuses against home health patients; (4) receive, handle, and expedite complaints by home health patients; (5) recommend to the Secretary any changes in the regulations affecting home health services which may appear necessary or desirable; and (6) take appropriate action (including the transmission of findings to the Attorney General) with respect to abuses and violations of law affecting the provision or receipt of home health services under such programs. Requires the Secretary of Health, Education, and Welfare to conduct a study and report to the Congress on the feasibility of extending to the Medicare program the prospective cost-related method of computing payments to nursing homes and home health agencies which is currently provided under the Medicaid program.
United States · United States Congress · 11 July 1977
Title I: Enactment of Title 11 of the United States Code - Chapter I: General Provisions - Makes general provisions for a uniform system of bankruptcy administration including: (1) definitions to be used in this Act; (2) rules of construction; (3) powers of the court; (4) waiver of sovereign immunity; (5) public access to papers; and (6) descriptions of debtors who may proceed under the liquidation, reorganization and debt adjustment provisions of this Act. Chapter 3: Case Administration - States that voluntary and joint cases in bankruptcy shall commence with the filing of a petition by an individual or entity entitled under the appropriate chapter of this Act. Limits the filing of involuntary case petitions against persons in liquidation and reorganization cases to situations in which the claims of three or more holders of non-contingent claims against the debtor, aggregate at least $5,000 more than the value of any security interest held by such holders in any property of such debtor. Makes provisions for the late joining of creditors to the petition. Empowers the court under specified circumstances to enjoin the commencement or continuation of any action against the estate or the enforcement of any judgment against the estate; or to order other appropriate relief where an ancillary foreign proceeding has commenced or is likely to be commenced. States the qualification and eligibility requirements for trustees in bankruptcy. Requires any attorney who represents a debtor in a proceeding under this Act to file a statement of compensation paid or agreed to be paid. Requires that, within a reasonable time after the order for relief in a bankruptcy case, there shall be a meeting of creditors at which the debtor shall appear and submit to examination under oath. States duties of the trustees pertaining to money of the estates, payment of taxes, and disposition of unclaimed property. Enunciates the effect of conversion of a case from one chapter of this Act to another and the effect of dismissal upon discharge in a subsequent case. Chapter 5: Creditors, The Debtor, and The Estate - Sets forth the procedure for the filing of proofs of claims or interest. States that such claim or interest is deemed allowable unless a party in interest objects. Lists circumstances under which the court, in hearing the objection to a claim, may allow it. Sets forth a procedure by which the court may determine the liability of the estate with respect to a tax incurred during the period of administration. Enunciates the priority ranking of expenses and claims to be paid from the estate. Charges the debtor with the following duties: (1) to file with the court a schedule of assets and liabilities, and a statement of the debtor's financial affairs; (2) to act in cooperation with the trustee as is necessary to enable such trustee to perform his duties; and (3) to surrender to the trustee all property of the estate and documents relating to such property. Lists personal and real property of the debtor which is not available, during or after the case, for the satisfaction of any debt of the debtor that arose before the commencement of the case, except a debt which is not dischargeable. Invalidates any waiver of exemptions executed in favor of a creditor. Permits the debtor to avoid the fixing of specified liens including judicial liens and nonpurchase-money security interests in household goods, instruments of the debtor's trade, or a debtor's interest in property to the extent that such a lien impairs an exemption to which the debtor is entitled. Specifies circumstances under which the debtor may recover transferred property which could have been exempted. Requires the debtor to file a list of property that the debtor claims as exempt under this Act. Describes the effect of discharge as: (1) voiding any judgment obtained at any time, to the extent that such judgment is a determination of the personal liability of the debtor; and (2) enjoining the commencement or continuation of an action or any act to collect, recover, or set-off any debt as a personal liability of the debtor or any specified interest in community property acquired after the commencement of the case. Lists exceptions to discharge including, debts incurred by the debtor by fraud or false written misrepresentations. Protects the debtor against discriminatory treatment of a governmental unit with respect to the denial, revocation, or refusal to renew any license, charter or other similar grants. Identifies property which becomes a part of the estate upon the commencement of a case, specifically excluding powers of appointment that the debtor may exercise solely for the benefit of an entity other than the debtor and including property acquired by the debtor within 180 days of the filing of the petition. Entitles the trustee in bankruptcy to the rights and powers of a hypothetical lien creditor, and bona fide purchaser of real property as of the commencement of the case. Permits the trustee to enforce any cause of action that a creditor or a class of creditors has against any person where there will be a reduction of the claim of such creditor or creditors against the estate. Permits the trustee to avoid any transfer of property of the debtor to or for the benefit of a creditor for or on account of an antecedent debt, made when the debtor was insolvent and within stipulated periods. States exceptions to such rule on preferences. Stipulates the presumption that the debtor was insolvent 90 days before the commencement of the case. Empowers the trustee, under specified conditions, to avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor, that was made or incurred on or within one year before the date of the filing of the petition. Permits the court after notice and a hearing to authorize the trustee to abandon any property of the estate that is burdensome or of inconsequential value. Chapter 7: Liquidation - Sets forth provisions for the administration of liquidation proceedings including the: (1) appointment of interim trustees; (2) election of trustees; (3) election of successor trustees; (4) obligations of trustees; and (5) conversion and dismissal of cases. Enables the court to authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate. Permits an individual debtor to redeem exempted or abandoned property. Sets priorities for the distribution of property of the estate. Makes provisions for stockbroker and commodity broker liquidation. Chapter 9: Adjustment of Debts of a Municipality - States that this chapter shall in no way limit or impair the power of a State to control, by legislation or otherwise, a municipality of or in such State in the exercise of its political or governmental powers. Prohibits a court from taking any action which would in any way interfere with any of the political or governmental powers of the debtor; any of the property or revenues of the debtor; or the debtor's use or enjoyment of any income-producing property, unless the debtor consents. States that a petition may be filed under this chapter by the municipality's officials, or in the case of an unincorporated tax or special assessment district by such district's governing authority or body having authority to levy taxes to meet the obligations of such district. Sets forth a procedure for objection to such petition and states that the filing of a petition operates as a stay of the commencement or continuation of a judicial or other proceeding that seeks to enforce a lien or arising out of taxes or assessments owed to the debtor. Requires the debtor to submit a list of creditors. Reserves the court's power to dismiss, after notice and a hearing, for cause, such as delay which causes prejudice to creditors, or denial of confirmation of a plan for adjustment of debts. Requires the debtor to file a plan for the adjustment of the debts either at the time of the filing of the petition or at such later time as the court shall fix. Establishes criteria for the decision to confirm such plan and states that a confirmed plan shall bind both the debtor and any creditors, whether or not such creditor's claim has been allowed. Grants continuing jurisdiction in the court for such time as is necessary for the successful execution of the plan. Chapter 11: Reorganization - Requires the court, as soon as practicable after the order for relief under this chapter, to appoint a committee of creditors holding unsecured claims and if necessary to appoint additional committees of creditors or equity security holders. Lists the powers and duties of such committees, including investigation of any matter relevant to the case or to the formulation of a plan and the participation in the formulation of such plan. Permits the court to appoint a trustee or an independent investigator if necessary and if the costs would not be disproportionately high. Specifies the duties of trustees, independent investigators, and debtors in possession. Sets eligibility requirements for one who may propose a reorganization plan. Requires that each holder of a claim or interest of a particular class be given a disclosure statement before an acceptance or rejection of a plan may be solicited. Grants the court the power to revoke an order of confirmation within 180 days after its entry where such order was procured by fraud. Enumerates situations which are exempt from specified securities laws which require registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in, securities. Provides for the reorganization of railroads subject to the provisions of the Interstate Commerce Act and orders of State or local regulatory bodies. Protects the right of owners, leasers, and secured parties to take possession of rolling stock equipment under a security agreement, conditional sale contract, or lease. Chapter 13: Adjustment of Debts of an Individual with Regular Income - Creates a procedure whereby an individual, who is a wage earner or is self-employed and is a debtor under this Act, may with the advice and assistance of an advisor appointed by the United States trustee, formulate a plan for readjustment of the debts of such individual. Lists provisions that may be present in such plan. States that an order for relief under this chapter shall stay all actions against codebtors. Stipulates that the United States trustee shall serve as trustee in a case under this chapter. Conditions the confirmation of a plan upon factors such as the ability to make all payments under the plan on the good faith of the debtor in proposing such plan. Allows discharge of debts upon the completion by the debtor of all payments under the plan. Permits post-confirmation modification of such plan if necessary in light of stated considerations. Title II: Amendments to Title 28 of the United States Code and to the Federal Rules of Evidence - Chapter 6: Bankruptcy Courts - Creates a bankruptcy court in each judicial district which shall be a court of record known as the United States Bankruptcy Court for the district. Specifies that each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Authorizes the President to appoint bankruptcy judges. Sets forth rules for tenure, residence and salary of bankruptcy judges. Makes provisions concerning the holding and adjournment of bankruptcy court sessions. Permits a party to any proceeding in a bankruptcy court to make and timely file an affidavit that the presiding judge is biased or prejudiced and prohibits such judge to proceed further in the case. Chapter 39: United States Trustees - Directs the Attorney General to appoint a United States trustee for each judicial district for a term of seven years and permits the Attorney General to remove such trustee for cause. Places each United States trustee under the general supervision of the Bankruptcy Division in the Department of Justice. Enumerates the duties of such trustees. Chapter 50: Bankruptcy Courts - Enables each bankruptcy court to appoint a clerk, law clerks, secretaries, reporters, criers and bailiffs, and states that the chief judge shall make such appointments whenever a majority of the bankruptcy judges of any court cannot agree. Chapter 90: Bankruptcy Courts - Grants the bankruptcy courts original and exclusive jurisdiction of all cases under Title 11 of the United States Code. States that notwithstanding any Act of Congress, other than the Internal Revenue Code, that confers exclusive jurisdiction on a court or courts other than the bankruptcy courts, the bankruptcy court shall have original, but not exclusive jurisdiction, of all civil proceedings arising under or related to bankruptcy cases; however, such court may abstain from hearing a particular proceeding in the interest of justice. Places venue, for purposes of bankruptcy proceedings, in that district in which is either the domicile, residence, principal place of business, or principal assets of the debtor; or the site of a pending bankruptcy case concerning such debtor's affiliate, general partner, or partnership. Creates an exception to this rule in the following instances: (1) a case to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment; (2) a case to enjoin the enforcement of a lien against property, or to require turnover of property of an estate; and (3) cases ancillary to foreign proceedings. Allows a change of venue in the interest of justice and for the convenience of the parties and provides for a cure of defects in the laying of venue. Permits a party to remove any claim or cause of action in a civil action to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. Preserves the right to a trial by jury in a bankruptcy case or in a proceeding arising thereunder, except that the bankruptcy court may order the issues arising under the initiation of an involuntary proceeding to be tried without a jury. Grants a bankruptcy court the powers of a court of equity, law, and admiralty. Authorizes a bankruptcy court to issue a writ of habeas corpus: (1) when appropriate to bring a person before the court for examination; to testify; or to perform a duty imposed on such person by this title; and (2) to release the debtor when such debtor was arrested or imprisoned on process in any civil action which was issued for the collection of a debt dischargeable under this Act where notice and a hearing have been afforded to the adverse party of such debtor to contest the issuance of such writ. Title III: Amendments to Other Acts - Sets forth conforming amendments. Title IV: Transition - Repeals the Bankruptcy Act. States the effective date of this Act. Makes provisions for the operation of courts of bankruptcy during the specified transition period. Requires the Director of the Administrative Office of the United States Courts: (1) to conduct a study during the transition period to determine the number of judges that will be needed for the United States bankruptcy courts; and (2) to appoint a committee of bankruptcy judges to advise the Director with respect to matters that arise during the transition period. Sets forth the formula for determination of retirement benefits for eligible bankruptcy judges during the transition period. Authorizes the Supreme Court to issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system.
United States · United States Congress · 29 June 1977
National Historic Preservation Policy Act - Title I: Declaration of National Historic Preservation Policy - Declares that it is the duty of the Federal Government, in cooperation with other nations, the States, and local communities, and private organizations and individuals, to promote the preservation and conservation of the historic, architectural, archeological, and cultural properties of the United States and of the international community of Nations. Title II: National Historic Preservation Program - Renames the Advisory Council on Historic Preservation as the Council on Historic Preservation. States that such Council is to administer specified Acts which relate to the historic preservation responsibilities of the Secretary of the Interior and the National Park Service. Requires the Council, in furtherance of the Convention Concerning the Protection of the World Cultural and Natural Heritage, to establish a program to nominate historic and cultural properties of universal significance to the World Heritage Committee. Directs the Council to promote nominations to the National Register of Historic Places of any properties proposed for sale, transfer, demolition or substantial alteration as a result of any Federal agency action, to provide training, information and advice concerning techniques for the preservation of historic and cultural properties, to establish a program for the emergency acquisition of property included in the National Register and threatened with immediate demolition, and to report to Congress on the national historic preservation program. Requires all Federal agencies, in cooperation with the appropriate State historic preservation officer, to nominate to the National Register all eligible districts, sites, buildings, structures and objects under the jurisdiction or control of such agency or that may be affected by agency action, and to assume responsibility for the preservation of such properties included or eligible to be included in the National Register. Allows the transference of control of such properties to the Secretary of the Interior. Title III: Administrative Provisions - Provides for the administration of the Historic Preservation Fund for fiscal years 1978 through 1981. Requires each Federal agency to expend appropriated funds for the maintenance of properties included in the National Register under its jurisdiction or control.
United States · United States Congress · 29 June 1977
Amends the Immigration and Nationality Act to eliminate from the classes of excludable and deportable aliens those aliens who: (1) are anarchists; (2) are opposed to organized government; or (3) are members or advocates of the Communist or a totalitarian party. Amends the Subversive Activities Control Act of 1950 to remove the prohibition against the application by a member of a Communist organization for a U.S. passport, and the issuance of a passport to such a member.
United States · United States Congress · 29 June 1977
Declares it the sense of the House of Representatives that the President of the United States (1) should propose an immediate suspension of underground nuclear explosions to remain in effect so long as the Soviet Union abstains from conducting underground explosions, and (2) should set forth promptly a new proposal to the Government of the Union of Soviet Socialist Republics and other nations for a permanent treaty to ban all nuclear explosions.
United States · United States Congress · 23 June 1977
Investment Policy Act - Title I: Findings and Definitions - States that the lack of a national policy on investment can adversely affect the economic health and well-being of the Nation. Title II: Declaration of National Policy - Declares that it is the policy and responsibility of the Federal Government to provide incentives to assure maximum investment in private enterprise. Title III: Federal Agency Coordination and Cooperation - Requires the Council on Wage and Price Stability shall submit an Investment Policy Report to Congress which shall include information on levels of capital investment available, trends in such levels, and reviews of economic programs affecting capital investment. Requires the President to transmit to Congress as a part of the economic report such other recommendations as desirable or necessary to achieve the policy declared in this Act.
United States · United States Congress · 23 June 1977
Amends the Wild and Scenic Rivers Act to designate a specified segment of the Delaware River as a component of the National Wild and Scenic Rivers System.
United States · United States Congress · 23 June 1977
Declares it the policy of the United States to encourage, develop, and implement, at the earliest possible date, policies and programs which act to stabilize by voluntary means, consistent with human rights and individual conscience, the population of the United States and thereby promote the future well-being of the citizens of this Nation and the entire world.
United States · United States Congress · 21 June 1977
Horizontal Divestiture in the Energy Industries Act - Revises the Clayton Act to make it unlawful, after a specified date, for any corporation or association affecting commerce to control mineral deposits in two or more of the following classes: (1) coal; (2) petroleum and natural gas; or (3) uranium and other fissionable minerals. Requires any corporation or association that would be in violation of this Act, but for the specified compliance date, to submit plans to the Federal Trade Commission for compliance by such date.
United States · United States Congress · 16 June 1977
Directs the President to appoint a specified number of additional judges to designated United States district courts and courts of appeals. Eliminates the exception for certain districts having two judges with respect to the requirement that no judge age 70 or older serve as chief judge.
United States · United States Congress · 15 June 1977
Public Energy Competition Act - Amends the Mineral Lands Leasing Act of 1920 to prohibit any person, association, or corporation which, together with its affiliates, produces, refines, transports, or markets at retail a daily worldwide average of at least 1,600,000 barrels of crude oil or the equivalent natural gas or products of petroleum refining, from directly or indirectly taking acquiring control of, any mineral lease, whether acquired directly from the Secretary of the Interior under specified Acts or otherwise, or from locating or recording any mineral claim. Disallows the Secretary from issuing any lease or recognizing any claim if the person or corporation: (1) would control mineral deposits of two or more kinds of major energy sources as a result or such lease or claim; (2) engages in two or more functions essential to the petroleum and natural gas industries; or (3) enters or participates in a joint venture with another similarly situated corporation without approval of the Secretary.
United States · United States Congress · 14 June 1977
Horizontal Divestiture in the Energy Industries Act - Revises the Clayton Act to make it unlawful, after a specified date, for any corporation or association affecting commerce to control mineral deposits in two or more of the following classes: (1) coal; (2) petroleum and natural gas; or (3) uranium and other fissionable minerals. Requires any corporation or association that would be in violation of this Act, but for the specified compliance date, to submit plans to the Federal Trade Commission for compliance by such date.
United States · United States Congress · 14 June 1977
Federal Coal Lease Preference Act - Revises Federal mineral leasing laws to require that the Secretary of the Interior give priority to applicants for coal leases who are not petroleum companies or electric utility companies.
United States · United States Congress · 14 June 1977
Federal Energy Leasing Limitations Act - Revises Federal mineral leasing laws to prohibit companies from acquiring control over more than one of the following energy assets; coal, uranium or other fissionable minerals, or oil or natural gas. Stipulates that such prohibition shall take effect after December 31, 1979.
United States · United States Congress · 14 June 1977
Petroleum Industry Pipeline Divestiture Act - Amends the Clayton Act to make it unlawful, after December 31, 1980, for any person who owns or controls a pipeline to transport by such pipeline any petroleum, petroleum product, or natural gas which it owns or controls, or has owned, controlled, produced, or refined. Requires each person who transports by such pipeline any petroleum, product of petroleum refining, or natural gas, not later than December 31, 1979, to submit to the Attorney General plans for compliance with this Act.
United States · United States Congress · 14 June 1977
Energy Technology Availability Act - Amends the Clayton Act to make it unlawful for any person owning any nonnuclear energy technology to refuse or fail to make it available to any qualified applicant at reasonable rates on reasonable and nondiscriminatory terms for use in the development, demonstration, or commercial application of any nonnuclear energy process or system.
United States · United States Congress · 14 June 1977
Authorizes the head of any Federal agency to procure property or services for such agency from areas of high unemployment if such agency head determines that bids or offers will be obtained from a sufficient number of eligible concerns to assure that awards will be made at reasonable prices.
United States · United States Congress · 14 June 1977
Federal Uranium Leasing Act - Revises the mineral leasing laws to place the mining of uranium on Federal lands under the Mineral Leasing Act of 1920. Stipulates that prior rights to mine uranium on Federal lands under the mining law of 1872 shall expire on December 31, 1979, unless such rights are held under a mining claim which has been patented.
United States · United States Congress · 14 June 1977
Oil Spill Removal Research, Development, and Demonstration Act - Directs the Administrator of the Environmental Protection Agency to establish an Oil Spill Removal Research, Development, and Demonstration Project to promote basic and applied research and development of oil spill control and removal technology. Directs the Director of the Office of Management and Budget to transfer similar programs to the Project from other Federal agencies, including those functions currently performed by the Coast Guard and the National Oceanic and Atmospheric Administration. Stipulates that the authority granted by this Act shall terminate on September 30, 1983. Directs the Administrator to make grants to institutions of higher learning for programs relating to oil spill removal problems. Directs the Administrator to encourage participation by small business concerns in oil spill removal research through planning grants and loan guarantees. Directs the Administrator to report annually to Congress on activities undertaken pursuant to this act.
United States · United States Congress · 10 June 1977
Amends the Immigration and Nationality Act to prohibit the admission of any immigrant unless a United States citizen has agreed in writing to sponsor and to provide financial support to such immigrant for five years after entering the United States. Makes such agreement enforceable against the sponsor in the United States district court for the district in which the sponsor resides.
United States · United States Congress · 8 June 1977
Social Security Rights Act - Requires that procedures be established for the expedited replacement of undelivered benefit checks under title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act. Requires that decisions (and reconsiderations) on initial benefit claims be made within 90 days. Requires that payment of benefits on approved claims begin no later than the day regularly fixed for delivery of benefit checks in the second month following the month in which the claim was approved.
United States · United States Congress · 7 June 1977
Regional Capital Development Banks Act - Establishes ten Regional Capital Development Banks, each to be located and to serve exclusively one of the ten standard Federal administrative regions of the United States. States the general powers of each bank. Provides for the appointment of 15 members for the board of directors for each bank. Authorizes appropriations for the initial formation of the banks in addition to providing for the capitalization of the banks through stock purchase by the Secretary of the Treasury. Creates in each bank special authorities including: (1) the making of direct loans to eligible applicants; (2) the purchase of capital stock of eligible applicants; and (3) the facilitation of exchange of concepts and techniques relating to capital financing of business financing and other economic development. Defines eligible applicants to be a corporation with assets or gross sales not in excess of $10,000,000 or those that control not greater than 25 percent of the market in the line of commerce in which a loan or investment is to be made. Limits any loan or investment to $5,000,000. Requires each bank to develop criteria which will assure that the enterprises invested in shall substantially contribute to the reduction of unemployment and improvement of the quality of life of the region, and that they will comply with Federal policies including environment, nondiscrimination, and regional economic and social objectives. Prohibits discriminatory treatment in hiring on the part of any applicant who receives assistance under this Act. Requires audits of financial transactions of the banks and an annual report of such audit to be made to the President and Congress. Grants Federal tax exemption to specified assets of the banks.
United States · United States Congress · 1 June 1977
Requires the Secretary of Defense, before entering into any contract for more than $100,000 for the performance of any commercial or industrial activity of the Department, to conduct a cost effectiveness review of such activity to determine whether it should be done by contract or by Government personnel. Authorizes the Secretary to waive such review under specified circumstances. Directs the Secretary to conduct random audits of such contracts.
United States · United States Congress · 26 May 1977
Foreign Intelligence Surveillance Amendments - Repeals provisions stipulating that nothing in certain sections of the United States Code relating to interception of communications shall be construed to limit the power of the President to take measures to protect national security. Directs that applications for authorizations to intercept communications in connection with specified national security crimes be made to the United States Court of Appeals for the District of Columbia. Authorizes interception of communications with respect to violations of the Foreign Agents Registration Act of 1938 and the Export Administration Act of 1969. Sets at 90 days the period for which interception of communications for national Security purposes may be conducted. Authorizes, with respect to such interceptions, waiver of notice to persons surveilled. Excepts national security wiretaps from provisions allowing persons intercepting communications pursuant to a court order to disclose the contents of such communication and of derivative evidence while under oath.
United States · United States Congress · 26 May 1977
Social Security Rights Act - Requires that procedures be established for the expedited replacement of undelivered benefit checks under title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act. Requires that decisions (and reconsiderations) on initial benefit claims be made within 90 days. Requires that payment of benefits on approved claims begin no later than the day regularly fixed for delivery of benefit checks in the second month following the month in which the claim was approved.
United States · United States Congress · 26 May 1977
Social Security Rights Act - Requires that procedures be established for the expedited replacement of undelivered benefit checks under title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act. Requires that decisions (and reconsiderations) on initial benefit claims be made within 90 days. Requires that payment of benefits on approved claims begin no later than the day regularly fixed for delivery of benefit checks in the second month following the month in which the claim was approved.
United States · United States Congress · 24 May 1977
Federal Lease Petroleum Transportation Act - Amends the Mineral Leasing Act of 1920 to prohibit persons running or controlling petroleum pipelines from transporting Federal lease petroleum which such person owns, or controls or has owned, controlled, refined, or produced. Stipulates that the prohibition contained in this Act shall take effect after December 31, 1980. Requires persons subject to such provisions to submit plans for compliance to the Secretary of the Interior not later than December 31, 1979.
United States · United States Congress · 24 May 1977
Oil and Gas Transportation Competition Act - Amends the Clayton Act to make it unlawful, after December 31, 1980, for any person who owns or controls a pipeline to transport by such pipeline any petroleum, petroleum product, or natural gas which it owns or controls, or has owned, controlled, produced, or refined. Requires each person who transports by such pipeline any petroleum, product of petroleum refining, or natural gas, not later than December 31, 1979, to submit to the Attorney General plans for compliance with this Act.
United States · United States Congress · 24 May 1977
Clayton Act Amendments - Amends the Clayton Act to make it unlawful for any person owning any nonnuclear energy technology to refuse or fail to make it available to any qualified applicant at reasonable rates and on reasonable and nondiscriminatory terms, for use in the development, demonstration, or commercial application of any nonnuclear energy process.
United States · United States Congress · 23 May 1977
Foreclosure Forebearance Standards Act - Requires any person who makes a federally related mortgage loan to maintain facilities sufficient to assure availability to the mortgagor of information concerning such mortgage. States that within 60 days after payments on a mortgage become delinquent and within 30 days before the initiation of any foreclosure proceedings the following must occur: (1) a meeting with the mortgagor to work out a repayment plan; and (2) a transfer of information with respect to such proceedings to the mortgagor. Places restraints on the initiation of foreclosure proceedings, including the requirement that a mortgagee refrain from instituting such proceedings until at least three full monthly installments are due and unpaid, except where the mortgagor abandons the secured property. States that a mortgagee must cease foreclosure proceedings where a mortgagor tenders the total amount due plus attorneys fees. Provides that any mortgagee who fails to comply with such stated requirements shall no longer be eligible for Federal assistance.
United States · United States Congress · 23 May 1977
National Community-Based Organizations Youth Job Creation and Training Act - Directs the Secretary of Labor to enter into contracts with national community-based organizations for the provision of: (1) comprehensive employment services and jobs for unemployed persons, particularly youths; (2) career education and counseling services for secondary school students; (3) career education for unemployed persons; or (4) work-study projects in community improvement for unemployed youths. Directs the head of each agency exercising authority under specified programs to assure that special consideration will be given to national community-based organizations in providing employment services and job opportunities pursuant to such programs. Amends the Comprehensive Employment and Training Act of 1973 to direct the Secretary to provide work experience during all months of the year to youth in urban and rural areas. Amends the work incentive program provisions of the Internal Revenue Code to permit a tax credit with respect to wages paid certain previously unemployed employees during the first 12 months of employment.
United States · United States Congress · 23 May 1977
Amends Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act to provide payment for services performed by professional clinical social workers. Includes outpatient services, community mental health centers, and neighborhood health centers among "qualified providers" under Titles XVIII and XIX. Removes specified limitations which are imposed on coverage of psychiatric and mental health services under such titles.
United States · United States Congress · 23 May 1977
Title I: Enactment of Title II of the United States Code - Chapter I: General Provisions - Makes general provisions for a uniform system of bankruptcy administration including: (1) definitions to be used in this Act; (2) rules of construction; (3) powers of the court; (4) waiver of sovereign immunity; (5) public access to papers; and (6) descriptions of debtors who may proceed under the liquidation, reorganization and debt adjustment provisions of this Act. Chapter 3: Case Administration - States that voluntary and joint cases in bankruptcy shall commence with the filing of a petition by an individual or entity entitled under the appropriate chapter of this Act. Limits the filing of involuntary case petitions against persons in liquidation and reorganization cases to situations in which the claims of three or more holders of non-contingent claims against the debtor, aggregate to at least $5,000 more than the value of any security interest held by such holders in any property of such debtor. Makes provisions for the late joining of creditors to the petition. Empowers the court under specified circumstances to enjoin the commencement or continuation of any action against the estate or the enforcement of any judgment against the estate; or to order other appropriate relief where an ancillary foreign proceeding has commenced or is likely to be commenced. States the qualification and eligibility requirements for trustees in bankruptcy. Requires any attorney who represents a debtor in a proceeding under this Act to file a statement of compensation paid or agreed to be paid. Requires that, within a reasonable time after the order for relief in a bankruptcy case, there shall be a meeting of creditors at which the debtor shall appear and submit to examination under oath. States duties of the trustees pertaining to money of the estates, payment of taxes, and disposition of unclaimed property. Enunciates the effect of conversion of a case from one chapter of this Act to another and the effect of dismissal upon discharge in a subsequent case. Chapter 5: Creditors, The Debtor, and The Estate - Sets forth the procedure for the filing of proofs of claims or interest. States that such claim or interest is deemed allowable unless a party in interest objects. Lists circumstances under which the court, in hearing the objection to a claim, may allow it. Sets forth a procedure by which the court may determine the liability of the estate with respect to a tax incurred during the period of administration. Enunciates the priority ranking of expenses and claims to be paid from the estate. Charges the debtor with the following duties: (1) to file with the court of a schedule of assets and liabilities, and a statement of the debtor's financial affairs; (2) to act in cooperation with the trustee as is necessary to enable such trustee to perform his duties; and (3) to surrender to the trustee all property of the estate and documents relating to such property. Lists personal and real property of the debtor which is not available, during or after the case, for the satisfaction of any debt of the debtor that arose before the commencement of the case, except a debt which is not dischargeable. Invalidates any waiver of exemptions executed in favor of a creditor. Permits the debtor to avoid the fixing of specified liens including judicial liens and nonpurchase-money security interests in household goods or instruments of the debtor's trade, on a debtor's interest in property to the extent that such a lien impairs an exemption to which the debtor is entitled. Specifies circumstances under which the debtor may recover transferred property which could have been exempted. Requires the debtor to file a list of property that the debtor claims as exempt under this Act. Describes the effect of discharge as: (1) voiding any judgment obtained at any time, to the extent that such judgment is a determination of the personal liability of the debtor; and (2) enjoining the commencement or continuation of an action or any act to collect, recover, or set-off any debt as a personal liability of the debtor or any specified interest in community property acquired after the commencement of the case. Lists exceptions to discharge including, debts incurred by the debtor by fraud or false written misrepresentations. Protects the debtor against discriminatory treatment of a governmental unit with respect to the denial, revocation, or refusal to renew any license, charter or other similar grants. Identifies property which becomes a part of the estate upon the commencement of a case, specifically excluding powers of appointment that the debtor may exercise solely for the benefit of an entity other than the debtor and including property acquired by the debtor within 180 days of the filing of the petition. Entitles the trustee in bankruptcy to the rights and powers of a hypothetical lien creditor, and bona fide purchaser of real property as of the commencement of the case. Permits the trustee to enforce any cause of action that a creditor or a class of creditors has against any person where there will be a reduction of the claim of such creditor or creditors against the estate. Permits the trustee to avoid any transfer of property of the debtor to or for the benefit of a creditor for or on account of an antecedent debt, made when the debtor was insolvent and within stipulated periods. States exceptions to such rule on preferences. Stipulates the presumption that the debtor was insolvent 90 days before the commencement of the case. Empowers the trustee, under specified conditions, to avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor, that was made or incurred on or within one year before the date of the filing of the petition. Permits the court after notice and a hearing to authorize the trustee to abandon any property of the estate that is burdensome or of inconsequential value. Chapter 7: Liquidation - Sets forth provisions for the administration of liquidation proceedings including: (1) the appointment of interim trustees; (2) the election of trustees; (3) election of successor trustees; (4) obligations of trustees; and (5) conversion and dismissal of cases. Enables the court to authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate. Permits an individual debtor to redeem exempted or abandoned property. Sets priorities for the distribution of property of the estate. Makes provisions for stockbroker and commodity broker liquidation. Chapter 9: Adjustment of Debts of a Municipality - States that such chapter shall in no way limit or impair the power of a State to control, by legislation or otherwise, a municipality of or in such State in the exercise of its political or governmental powers. Prohibits a court from taking any action which would in any way interfere with any of the political or governmental powers of the debtor; any of the property or revenues of the debtor; or the debtor's use or enjoyment of any income-producing property, unless the debtor consents. States that a petition may be filed under this chapter by the municipality's officials, or in the case of an unincorporated tax or special assessment district by such district's governing authority or body having authority to levy taxes to meet the obligations of such district. Sets forth a procedure for objection to such petition and states that the filing of a petition operates as a stay of the commencement or continuation of a judicial or other proceeding that seeks to enforce a lien or on arising out of taxes or assessments owed to the debtor. Requires the debtor to submit a list of creditors. Reserves the court's power to dismiss, after notice and a hearing, for cause, such as delay which causes prejudice to creditors, or denial of confirmation of a plan for adjustment of debts. Requires the debtor to file a plan for the adjustment of the debts either at the time of the filing of the petition or at such later time as the court shall fix. Establishes criteria for the decision to confirm such plan and states that a confirmed plan shall bind both the debtor and any creditors, whether or not such creditor's claim has been allowed. Grants continuing jurisdiction in the court for such time as is necessary for the successful execution of the plan. Chapter 11: Reorganization - Requires the court, as soon as practicable after the order for relief under this chapter, to appoint a committee of creditors holding unsecured claims and if necessary to appoint additional committees of creditors or equity security holders. Lists the powers and duties of such committees, including investigation of any matter relevant to the case or to the formulation of a plan and the participation in the formulation of such plan. Permits the court to appoint a trustee or an independent investigator if necessary and if the costs would not be disproportionately high. Specifies the duties of trustees, independent investigators, and debtors in possession. Sets eligibility requirements for one who may propose a reorganization plan. Requires that each holder of a claim or interest of a particular class be given a disclosure statement before an acceptance or rejection of a plan may be solicited. Grants the court the power to revoke an order of confirmation within 180 days after its entry where such order was procured by fraud. Enumerates situations which are exempt from specified securities law which require registration for offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in, securities. Provides for the reorganization of railroads subject to the provisions of the Interstate Commerce Act and orders of State or local regulatory bodies. Protects the right of owners, leasers, and secured parties to take possession of rolling stock equipment under a security agreement, conditional sale contract, or lease. Chapter 13: Adjustment of Debts of an Individual with Regular Income - Creates a procedure whereby an individual, who is a wage earner or is self-employed and is a debtor under this Act, may with the advice and assistance of an advisor appointed by the United States trustee, formulate a plan for readjustment of the debts of such individual. Lists provisions that may be present in such plan. States that an order for relief under this chapter shall stay all actions against codebtors. Stipulates that the United States trustee shall serve as trustee in a case under this chapter. Conditions the confirmation of a plan upon factors such as the ability to make all payments under the plan and the good faith of the debtor in proposing such plan. Allows discharge of debts upon the completion by the debtor of all payments under the plan. Permits post-confirmation modification of such plan if necessary in light of stated considerations. Title II: Amendments to Title 28 of the United States Code and to the Federal Rules of Evidence - Chapter 6: Bankruptcy Courts - Creates a bankruptcy court in each judicial district which shall be a court of record known as the United States Bankruptcy Court for the district. Specifies that each bankruptcy court shall consist of the bankruptcy judge or judges for the district in regular active service. Authorizes the President to appoint bankruptcy judges. Sets forth rules for tenure, residence and salary of bankruptcy judges. Makes provisions concerning the holding and adjournment of bankruptcy court sessions. Permits a party to any proceeding in a bankruptcy court to make and timely file an affidavit that the presiding judge is biased or prejudiced and prohibits such judge to proceed further in the case. Chapter 39: United States Trustees - Directs the Attorney General to appoint a United States trustee for each judicial district for a term of seven years and permits the Attorney General to remove such trustee for cause. Places each United States trustee under the general supervision of the Bankruptcy Division in the Department of Justice. Enumerates the duties of such trustees. Chapter 50: Bankruptcy Courts - Enables each bankruptcy court to appoint a clerk, law clerks, secretaries, reporters, criers and bailiffs, and states that the chief judge shall make such appointments whenever a majority of the bankruptcy judges of any court cannot agree. Chapter 90: Bankruptcy Courts - Grants the bankruptcy courts original and exclusive jurisdiction of all cases under Title II of the United States Code. States that notwithstanding any Act of Congress, other than the Internal Revenue Code, that confers exclusive jurisdiction on a court or courts other than the bankruptcy courts, the bankruptcy court shall have original, but not exclusive jurisdiction, of all civil proceedings arising under or related to bankruptcy cases; however, such court may abstain from hearing a particular proceeding in the interest of justice. Places venue, for purposes of bankruptcy proceedings, in that district in which is either the domicile, residence, principal place of business, or principal assets of the debtor; or the site of a pending bankruptcy case concerning such debtor's affiliate, general partner, or partnership. Creates an exception to this rule in the following instances: (1) a case to enjoin the commencement or continuation of an action or proceeding in a State or Federal court, or the enforcement of a judgment; (2) a case to enjoin the enforcement of a lien against property, or to require turnover of property of an estate; and (3) cases ancillary to foreign proceedings. Allows a change of venue in the interest of justice and for the convenience of the parties and provides for a cure of defects in the laying of venue. Permits a party to remove any claim or cause of action in a civil action to the bankruptcy court for the district where such civil action is pending, if the bankruptcy courts have jurisdiction over such claim or cause of action. Preserves the right to a trial by jury in a bankruptcy case or in a proceeding arising thereunder, except that the bankruptcy court may order the issues arising under the initiation of an involuntary proceeding to be tried without a jury. Grants a bankruptcy court the powers of a court of equity, law, and admiralty. Authorizes a bankruptcy court to issue a writ of habeas corpus: (1) when appropriate to bring a person before the court for examination; to testify; or to perform a duty imposed on such person by this title; and (2) to release the debtor when such debtor was arrested or imprisoned on process in any civil action which was issued for the collection of a debt dischargeable under this Act where notice and a hearing have been afforded to the adverse party of such debtor to contest the issuance of such writ. Title III: Amendments to Other Acts - Sets forth conforming amendments. Title IV: Transition - Repeals the Bankruptcy Act. States the effective date of this Act. Makes provisions for the operation of courts of bankruptcy during the specified transition period. Requires the Director of the Administrative Office of the United States Courts: (1) to conduct a study during the transition period to determine the number of judges that will be needed for the United States bankruptcy courts; and (2) to appoint a committee of bankruptcy judges to advise the Director with respect to matters that arise during the transition period. Sets forth the formula for determination of retirement benefits for eligible bankruptcy judges during the transition period. Authorizes the Supreme Court to issue such additional rules of procedure, consistent with Acts of Congress, as may be necessary for the orderly transfer of functions and records and the orderly transition to the new bankruptcy court system.
United States · United States Congress · 18 May 1977
Amends the Social Security Amendments of 1972, which lowered the age computation point for Old-Age, Survivors, and Disability Insurance (OASDI) benefits for men from age 65 to 62, the age which had previously applied only to women, in order to apply such revision to men who were entitled to OASDI benefits for January, 1977 or months thereafter, and who attained age 62 after December, 1972, such revision having applied previously only to individuals who became 62 after 1974. Directs the Secretary of Health, Education, and Welfare to recompute the benefits of individuals affected by this Act, in accordance with formulae set forth in this Act, in order to assure that each such individual receives the full benefit to which he is entitled.
United States · United States Congress · 18 May 1977
Amends Title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to require that resident aliens reside continuously in the United States for five years to qualify for supplemental security income benefits. Amends the Immigrations and Nationality Act to prevent an immigrant from entering the United States unless a United States citizen (immigration sponsor) executes a document, signed in the presence of an immigration officer, agreeing to support the immigrant for five years from the date of his admission at 125 percent of the current poverty level rates. Excuses the immigration sponsor from performance of the agreement if such sponsor dies or is adjudicated a bankrupt.
United States · United States Congress · 18 May 1977
Authorizes the Clerk of the House of Representatives to withhold charitable contributions from the pay of House employees for transmittal to the Combined Federal Campaign, if the employee requests the Clerk to do so.
United States · United States Congress · 12 May 1977
Declares the flower commonly known as the rose to be the national floral emblem of the United States of America. Requests the President of the United States to declare such fact by proclamation.
United States · United States Congress · 11 May 1977
Federal Power Commission Reform Act - Amends the Federal Power Act to direct the Federal Power Commission to require public utilities to report anticipated shortages of power and to file plans to provide for curtailment by retail consumers on a nondiscriminatory basis. Requires that rate increases for the interstate sale of electricity not become effective until public hearings on such increases have been completed by the Commission. Authorizes the Commission to issue orders prohibiting unfair methods of competition by public utilities. Stipulates that rates charged by public utilities shall be approved by the Commission only if based on known and measurable costs. Directs the Commission to audit the fuel acquisition practices of public utilities with a view to eliminating discriminatory or anticompetitive practices.
United States · United States Congress · 10 May 1977
Amends the program of Aid to Families with Dependent Children of Title IV and Title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to assure that recipient of aid and benefits under such Titles do not have the amount of such and or benefits reduced because of increases in the amount of benefits under Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act.
United States · United States Congress · 10 May 1977
Excludes cost-of-living increases in Social Security benefits from consideration as household income for purposes of determining: (1) eligibility for participation in the food stamp program; (2) the charge for issuing a coupon allotment to a household; and (3) eligibility for any Federal program administered by the Department of Agriculture which provides for the donation or distribution of surplus agricultural commodities to low-income persons.
United States · United States Congress · 10 May 1977
Provides that recipients of veterans' pensions and compensation will not have the amount of such pension or compensation reduced because of increases in social security benefits. Applies to annual income determinations made for calendar years after 1976.
United States · United States Congress · 10 May 1977
Prohibits the consideration of any cost of living increase of Old Age, Survivors, and Disability Insurance benefits after May 1977 for purposes of determining the eligibility for or amount of assistance which any individual or family is provided under specified Federal housing programs.
United States · United States Congress · 10 May 1977
Amends Title XIX (Medicaid) of the Social Security Act to assure the individuals otherwise eligible for benefits under such Title do not lose such eligibility, or have the amount of such benefits reduced, because of increases in the amount of benefits under Title II (Old-Age, Survivors, and Disability Insurance) of such Act.
United States · United States Congress · 4 May 1977
Plutonium Licensing Control Act - Amends the Atomic Energy Act of 1954 to prohibit the issuance of commercial licenses for (1) operation of nuclear power reactors utilizing recovered plutonium as a fuel source or (2) nuclear reactor fuel processing designed to recover plutonium. Stipulates that such prohibition shall not apply to activities necessary for United States military defense.
United States · United States Congress · 4 May 1977
Calls for the consideration of the relationship between the violence depicted on television and violence in society by those persons responsible for television programming and broadcasting in the United States.
United States · United States Congress · 2 May 1977
Amends the Internal Revenue Code to allow a distinct $10 income tax credit for contributions to candidates for Congress from the district, or in the case of Senator from the state, of the taxpayer, while maintaining the existing $25 credit for all other candidates.
![Official portrait of Rep. Seiberling, John F. [D-OH-14]](https://www.congress.gov/img/member/s000230_200.jpg)