United States · United States Congress · 20 July 1976
Establishes a Commission to Study the Quality of Instruction at the Service Academies to: (1) study the quality of instruction and training at the service academies; (2) study the feasibility of including more civilian professors and instructors; and (3) study the rules of the academies concerning the conduct of cadets. Directs the Commission to transmit a report to the President and to each House of Congress not later than one year after the enactment of this Act containing a statement of findings and conclusions of the Commission. Terminates the Commission 90 days after the submission of its report.
United States · United States Congress · 2 July 1976
Omnibus Energy Conservation Act - Title I: Energy Conservation in Residential Housing, Commercial and Public Buildings, and Industrial Plants - Amends the Energy Policy and Conservation Act to direct the Federal Energy Administrator to establish a voluntary standard and certification program for products designed to conserve energy in buildings. Directs the Administrator of the Federal Energy Administration to prescribe guidelines for the development and preparation of State energy conservation implementation programs. Requires that States be given an opportunity to participate in the drafting of such guidelines. Establishes eligibility criteria for State energy conservation implementation programs in order to receive Federal assistance under this Act. Imposes a preliminary requirement that the State establish a State energy conservation advisory committee to assist in the formulation of such program. Authorizes the Administrator to provide Federal financial assistance to States whose proposed energy conservation programs meet specified criteria. Lists factors to be considered in determining the amount of such assistance. Stipulates that no State shall receive more than ten percent of the national total in each category of financial assistance. Authorizes the appropriation of the following sums to assist eligible State programs: $25,000,000 for fiscal year 1977, and $50,000,000 per fiscal year for fiscal years 1978, 1979, and 1980. Authorizes the Administrator to guarantee loans and other obligations issued to finance energy conservation measures consistent with the purposes of this Act. Limits the aggregate amount of outstanding guarantees under this Act to $4,500,000,000. Limits the total amount of guarantees which may be issued to any one borrower to $2,000,000. Requires annual reports to the Congress on State energy conservation implementation programs. Amends the Energy Conservation and Insulation of Buildings Act of 1976 to authorize additional appropriations of $25,000,000 for fiscal year 1977, $50,000,000 per fiscal year for fiscal years 1978 and 1979; and $100,000,000 for fiscal year 1980 to assist low-income persons under the provisions of such Act. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to assist in the financing of energy conservation measures. Authorizes appropriations for such assistance payments of $100,000,000 for fiscal year 1977, and $200,000,000 per fiscal year for fiscal years 1978 - 1980. Amends the Small Business Act to empower the Small Business Administration to make loans to small business concerns for implementation of energy conservation measures. Limits the total amount of such loans under the Act to $300,000,000. Stipulates that the total amount of such payments to lending institutions under the Act shall not exceed $60,000,000. Title II: Implementation of Energy Conservation, Programs; Energy Efficiency Research, Development and Demonstration - Establishes in the Energy Research and Development Administration the Energy Extension Service. Directs the Service to develop and implement a comprehensive program for the identification, development, and demonstration of energy conserving practices, techniques, materials, and equipment for: (1) agricultural, commercial, and small business operations; and (2) new and existing residential, commercial, or agricultural structures. Requires that such programs include technical assistance, instruction, and practical demonstrations in energy conservation. Establishes procedures for submission of State plans for the conduct of energy extension service activities within each State in accordance with Federal guidelines. Authorizes financial assistance to States which have plans approved by the Director of the Energy Extension Service. Directs the Administrator of the Energy Research and Development Administration to prepare a plan for Federal energy education, extension, and information programs. Establishes a National Energy Extension Service Advisory Board to carry on a continuing review of Federal energy extension programs. Authorizes the Administrator of Energy Research and Development to provide financial assistance for the development of State and regional energy conservation research and development institutes on a matching basis. Directs the Administrator to establish an energy use efficiency project designed to demonstrate the feasibility of energy efficiency enhancement in the residential, commercial, industrial, and agricultural sectors. Authorizes additional research, development, and demonstration programs to increase the commercial opportunities for utilization of energy efficient systems. Directs the Administrator to develop, within 180 days after the enactment of this Act, performance standards and criteria for energy efficiency equipment and processes. Requires use by Federal agencies of newly-developed energy efficiency technologies. Directs the Administrator to study various institutional factors which may tend to bias economic sectors against the use of energy efficient systems and to report the results to the Congress.
United States · United States Congress · 29 June 1976
National Educational Opportunities Act - Title I: Definition and Guarantee of a Unitary School System and Equal Educational Opportunity - Provides that each State and its local educational agencies shall establish and maintain desegregated, unitary school systems which offer equal educational opportunities to all students, regardless of race, color, or national origin. States that a desegregrated unitary school system shall be presumed to exist unless a State or local educational agency denies equal educational opportunities to an individual on account of race, color, or national origin by specified acts which have the natural, probable, foreseeable, or actual effect of segregating students on the basis of race, color or national origin. Prohibits local educational agencies from denying equal educational opportunity to an individual on account of race, color, or national origin by maintenance of practices or provision of resources in schools in which minority students are concentrated that are less favorable for educational success and advancement than in schools attended primarily by students of any other race, color, or national origin. Gives examples of such denials of equal educational opportunity. Authorizes the Attorney General to bring a civil action in Federal court for equitable relief in any case where he has reasonable cause to believe that the provisions of this Act are being violated. Title II: State Equal Educational Opportunities Plans - Requires each State to prepare and submit to the Secretary of Health, Education, and Welfare for his approval a plan to carry out the purpose of this Act. Requires that such plan shall provide for the establishment of State and local advisory bodies to advise State and local educational agencies on development and participation in such plans. Requires such plans to provide a viable mechanism for States and local educational systems to implement a policy of equal educational opportunities that delineates the fundamental prerequisites for a desegregated, unitary school system. Provides that such State plans shall include specific means for implementing some or all of the following components: (1) a majority transfer plan on both an intradistrict and interdistrict basis; (2) a school district reorganization plan; and (3) an approved, concentrated compensatory education program for basic instructional programs, supportive services, and vocational guidance and for programs having potential for improving the achievement performance of educationally deprived students. Authorizes to be appropriated for carrying out this title not in excess of $200,000,000 for fiscal year 1977, $500,000,000 for fiscal year 1978, and $500,000,000 for each fiscal year for the next three fiscal years. Provides a formula for allotment of such funds to the States and for allocation among various programs and agencies. States that whenever the Secretary, after reasonable notice and opportunity for a hearing: (1) disapproves such a plan; or (2) finds that no plan has been submitted by a State, that a State plan approved under this Act has been so changed that it no longer complies with the requirements of this Act, that plan administration fails to comply substantially with any such provisions, or that a grantee is in violation of title II of this Act, the Secretary shall notify the grantee that further payments will not be made to the grantee under this title or any other educational assistance program until he is satisfied that there will no longer be any failure to comply. Provides that, until he is so satisfied, the Secretary shall make no further payments under such titles. Provides for review of the Secretary's action in such cases by the United States Court of Appeals for the circuit in which the claimant State is located. Title III: General Provisions and Definitions - Defines the terms used in this Act.
United States · United States Congress · 23 June 1976
Authorizes appropriations for grants to the Navajo Community College for fiscal years 1978, 1979, 1980, 1981, and 1982, of $10,000,000 for construction costs. Authorizes appropriations of an annual sum for operation and maintenance of the college equal to the average amount of the per capita contribution made by the Federal Government to the education of Indian students at federally operated institutions of the same type.
United States · United States Congress · 23 June 1976
Endangered American Wilderness Act - Designates specified lands in the following national forests as components of the National Wilderness Preservation System: (1) Umatilla National Forest, Washington and Oregon; (2) Inyo and Sequoia National Forests, California; (3) Coronado National Forest, Arizona; (4) Tongass National Forest, Alaska; (5) Wasatch and Uinta National Forests, Utah; (6) Cibola National Forest, New Mexico; (7) Los Padres National Forest, California; (8) Mendocino National Forest, California; (9) Angles and San Bernadino National Forests, California; and (10) Willamette National Forest, Oregon. Directs the Secretary of Agriculture to review the feasibility and suitability of designating as wilderness specified lands in the following national forests: (1) White River National Forest, Colorado; (2) Lolo and Kootenai National Forests, Montana; (3) Coronado National Forest, Arizona; and (4) Sierra National Forest, California.
United States · United States Congress · 23 June 1976
Establishes in the House of Representatives a select committee to be known as the Select Committee on Narcotics Abuse and Control. Provides that the select committee shall conduct a continuing comprehensive study and review of the problems of narcotics abuse and control and shall review any recommendations made by the President, or by any department or agency of the executive branch of the Federal Government, relating to programs or policies affecting narcotics abuse or control. Authorizes the select committee to conduct field investigations or inspections. Requires the select committee to submit an annual report to the House which shall include a summary of the activities of the select committee during the calendar year to which such report applies.
United States · United States Congress · 16 June 1976
Expresses the sense of the House of Representatives that the United States Postal Service shall not close or suspend the operation of any post offices, unless there is a clear and compelling need to do so. Encourages the service to continue cost-cutting programs which do not affect levels of service.
United States · United States Congress · 10 June 1976
National Commitment to Energy Independence using Solar and Geothermal Energy Act - Title I: Findings, Policy, Purpose, and Definitions - Declares it the policy of the United States and the purpose of this Act to eliminate reliance on imports of crude oil as an energy source through the implementation of energy conservation programs coupled with construction of solar and geothermal energy generation facilities. Title II: Assistant Administrator for Solar and Geothermal Energy and Conservation - Creates, within the Energy Research and Development Administration, the position of Assistant Administrator for Solar and Geothermal Energy and Conservation. Directs the Assistant Administrator to oversee projects and programs under the Solar Heating and Cooling Demonstration Act of 1974 and the Solar Energy Research, Development, and Demonstration Act of 1974. Authorizes the Administrator to undertake energy conservation duties in the areas involving reduction of heat use, heat loss, electric energy use, and the reuse of solid wastes. Title III: Test and Evaluation Facilities - Directs the Assistant Administrator to implement various current systems concepts related to solar and geothermal energy. Lists specific number of test facilities as a required part of such program. Directs the Assistant Administrator to establish programs to standardize photovoltaic component costs below specified levels within five years. Requires the establishment of a residential and commercial solar heating and cooling program to expand the use of such technologies within the next five years. Requires that a major portion of the research and development costs for such programs be borne by private industry. Limits the Federal funds expended for such purposes to $100,000,000 or 25 percent of the total funds appropriated under the authority of this Act, whichever is less. Title IV: Commercial Implementation - Establishes the following goals for which additional Federal assistance to private industry shall be available: (1) the production of ten percent of all the energy consumed within the United States through the use of solar and geothermal energy within ten years of the enactment of this Act; and (2) an increase in the percentage of such consumption from solar and geothermal sources to 20 percent by the year 2000. Title V: Report - Directs the Assistant Administrator to submit a detailed plan of implementation within 90 days of the enactment of this Act. Requires annual progress reports listing the amount of Federal funds expended on each program. Directs the Congressional Budget Office to report on direct and indirect costs associated with Federal nuclear and fossil fuels subsidization programs. Directs the Budget Office to submit similar reports on cost incentive programs recommended by the Assistant Administrator to encourage the development of solar and geothermal structures for businesses and residencies. Title VI: Conservation - Directs the Assistant Administrator to implement various energy conservation programs designed to offer tax incentives for energy conservation and to assist in the development of improved energy-saving technologies. Establishes as the ultimate objective of such program a ten percent reduction in national energy consumption by 1985. Title VII: Regulation-Information to Congress - Authorizes the Assistant Administrator to prescribe appropriate rules and regulations to carry out the purposes of this Act. Requires that appropriate committees of Congress be fully and currently informed with respect to activities under this Act. Title VIII: Authorization of Appropriations - Authorizes appropriations through fiscal year 1985 for: (1) solar-thermal and ocean-thermal electric generation facilities; (2) wind-electric generation facilities; (3) biconversion-methane gas generation facilities; (4) geothermal-electric generation facilities; (5) photovoltaic-electric generation facilities and related activities; (6) the residential and commercial structure solar heating and cooling program and related activities; and (7) the energy conservation program outlined in this Act.
United States · United States Congress · 7 June 1976
Directs the Secretary of Agriculture to release the board of regents of the universities and State colleges of Arizona from the requirement that specified lands transferred by the United States for the use of the University of Arizona be used only for research or educational purposes.
United States · United States Congress · 1 June 1976
Recommends that the Board on Geographic Names approve a proposal to name two mountains in Alaska after the later Congressmen Hale Boggs and Nick Begich.
United States · United States Congress · 26 May 1976
National Educational Opportunities Act - Title I: Definition and Guarantee of a Unitary School System and Equal Educational Opportunity - Provides that each State and its local educational agencies shall establish and maintain desegregated, unitary school systems which offer equal educational opportunities to all students, regardless of race, color, or national origin. States that a desegregrated unitary school system shall be presumed to exist unless a State or local educational agency denies equal educational opportunities to an individual on account of race, color, or national origin by specified acts which have the natural, probable, foreseeable, or actual effect of segregating students on the basis of race, color or national origin. Prohibits local educational agencies from denying equal educational opportunity to an individual on account of race, color, or national origin by maintenance of practices or provision of resources in schools in which minority students are concentrated that are less favorable for educational success and advancement than in schools attended primarily by students of any other race, color, or national origin. Gives examples of such denials of equal educational opportunity. Authorizes the Attorney General to bring a civil action in Federal court for equitable relief in any case where he has reasonable cause to believe that the provisions of this Act are being violated. Title II: State Equal Educational Opportunities Plans - Requires each State to prepare and submit to the Secretary of Health, Education, and Welfare for his approval a plan to carry out the purpose of this Act. Requires that such plan shall provide for the establishment of State and local advisory bodies to advise State and local educational agencies on development and participation in such plans. Requires such plans to provide a viable mechanism for States and local educational systems to implement a policy of equal educational opportunities that delineates the fundamental prerequisites for a desegregated, unitary school system. Provides that such State plans shall include specific means for implementing some or all of the following components: (1) a majority transfer plan on both an intradistrict and interdistrict basis; (2) a school district reorganization plan; and (3) an approved, concentrated compensatory education program for basic instructional programs, supportive services, and vocational guidance and for programs having potential for improving the achievement performance of educationally deprived students. Authorizes to be appropriated for carrying out this title not in excess of $200,000,000 for fiscal year 1977, $500,000,000 for fiscal year 1978, and $500,000,000 for each fiscal year for the next three fiscal years. Provides a formula for allotment of such funds to the States and for allocation among various programs and agencies. States that whenever the Secretary, after reasonable notice and opportunity for a hearing: (1) disapproves such a plan; or (2) finds that no plan has been submitted by a State, that a State plan approved under this Act has been so changed that it no longer complies with the requirements of this Act, that plan administration fails to comply substantially with any such provisions, or that a grantee is in violation of title II of this Act, the Secretary shall notify the grantee that further payments will not be made to the grantee under this title or any other educational assistance program until he is satisfied that there will no longer be any failure to comply. Provides that, until he is so satisfied, the Secretary shall make no further payments under such titles. Provides for review of the Secretary's action in such cases by the United States Court of Appeals for the circuit in which the claimant State is located. Title III: General Provisions and Definitions - Defines the terms used in this Act.
United States · United States Congress · 21 May 1976
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriations to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar-for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mine lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regarded areas. Stipulates that the regulatory authority shall make test borings of core samplings for mining operators with an estimated annual production of less than 250,000 tons of coal. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep-slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requries the posting of performance bonds and possession of liability insurance by applicants for permits. Requires the establishment of coal exploration regulations by appropriate State and Federal authorities. Requires that such regulations include provisions for reclamation of lands disturbed in exploration activities. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspection by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operations on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface coal mining and reclamation activities pursuant to Federal laws or taking place on Federal lands. Requires that coal exploration operations which substantially disturb the natural land surface on such lands be subject to a permit program established by the Secretary of the Interior. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the appropriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for the performance of test borings by the regulatory authority, an amount reserved for such purpose from the Abandoned Mine Reclamation Fund not to exceed $40,000,000; (3) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (4) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 6 May 1976
Amends the National Housing Act to authorize expenditures by the Secretary of Housing and Urban Development for repair of major structural defects which create a serious danger to the life and safety of inhabitants of any one-, two-, three-, or four-family dwelling covered by any mortgage insured by the Federal Housing Administration.
United States · United States Congress · 6 May 1976
Authorizes the Administrator of Veterans' Affairs to make expenditures to correct serious structural defects in dwellings securing loans guaranteed or insured by the Administrator if the defect is one that existed on the date of issuance of the loan and is one that a proper inspection could reasonably be expected to disclose (presently, the dwellings must have been actually inspected by either the VA or FHA during construction). (Amends 38 U.S.C. 1827(a)).
United States · United States Congress · 6 May 1976
National Educational Opportunities Act - Title I: Definition and Guarantee of a Unitary School System and Equal Educational Opportunity - Provides that each State and its local educational agencies shall establish and maintain desegregated, unitary school systems which offer equal educational opportunities to all students, regardless of race, color, or national origin. States that a desegregrated unitary school system shall be presumed to exist unless a State or local educational agency denies equal educational opportunities to an individual on account of race, color, or national origin by specified acts which have the natural, probable, foreseeable, or actual effect of segregating students on the basis of race, color or national origin. Prohibits local educational agencies from denying equal educational opportunity to an individual on account of race, color, or national origin by maintenance of practices or provision of resources in schools in which minority students are concentrated that are less favorable for educational success and advancement than in schools attended primarily by students of any other race, color, or national origin. Gives examples of such denials of equal educational opportunity. Authorizes the Attorney General to bring a civil action in Federal court for equitable relief in any case where he has reasonable cause to believe that the provisions of this Act are being violated. Title II: State Equal Educational Opportunities Plans - Requires each State to prepare and submit to the Secretary of Health, Education, and Welfare for his approval a plan to carry out the purpose of this Act. Requires that such plan shall provide for the establishment of State and local advisory bodies to advise State and local educational agencies on development and participation in such plans. Requires such plans to provide a viable mechanism for States and local educational systems to implement a policy of equal educational opportunities that delineates the fundamental prerequisites for a desegregated, unitary school system. Provides that such State plans shall include specific means for implementing some or all of the following components: (1) a majority transfer plan on both an intradistrict and interdistrict basis; (2) a school district reorganization plan; and (3) an approved, concentrated compensatory education program for basic instructional programs, supportive services, and vocational guidance and for programs having potential for improving the achievement performance of educationally deprived students. Authorizes to be appropriated for carrying out this title not in excess of $200,000,000 for fiscal year 1977, $500,000,000 for fiscal year 1978, and $500,000,000 for each fiscal year for the next three fiscal years. Provides a formula for allotment of such funds to the States and for allocation among various programs and agencies. States that whenever the Secretary, after reasonable notice and opportunity for a hearing: (1) disapproves such a plan; or (2) finds that no plan has been submitted by a State, that a State plan approved under this Act has been so changed that it no longer complies with the requirements of this Act, that plan administration fails to comply substantially with any such provisions, or that a grantee is in violation of title II of this Act, the Secretary shall notify the grantee that further payments will not be made to the grantee under this title or any other educational assistance program until he is satisfied that there will no longer be any failure to comply. Provides that, until he is so satisfied, the Secretary shall make no further payments under such titles. Provides for review of the Secretary's action in such cases by the United States Court of Appeals for the circuit in which the claimant State is located. Title III: General Provisions and Definitions - Defines the terms used in this Act.
United States · United States Congress · 3 May 1976
Amends the method by which the Federal contribution for Federal employee and annuitants health coverage is determined by basing such contribution on the rates of the two health benefit plans having the highest subscription charges.
United States · United States Congress · 28 April 1976
National Commitment to Energy Independence using Solar and Geothermal Energy Act - Title I: Findings, Policy, Purpose, and Definitions - Declares it the policy of the United States and the purpose of this Act to eliminate reliance on imports of crude oil as an energy source through the implementation of energy conservation programs coupled with construction of solar and geothermal energy generation facilities. Title II: Assistant Administrator for Solar and Geothermal Energy and Conservation - Creates, within the Energy Research and Development Administration, the position of Assistant Administrator for Solar and Geothermal Energy and Conservation. Directs the Assistant Administrator to oversee projects and programs under the Solar Heating and Cooling Demonstration Act of 1974 and the Solar Energy Research, Development, and Demonstration Act of 1974. Authorizes the Administrator to undertake energy conservation duties in the areas involving reduction of heat use, heat loss, electric energy use, and the reuse of solid wastes. Title III: Test and Evaluation Facilities - Directs the Assistant Administrator to implement various current systems concepts related to solar and geothermal energy. Lists specific number of test facilities as a required part of such program. Directs the Assistant Administrator to establish programs to standardize photovoltaic component costs below specified levels within five years. Requires the establishment of a residential and commercial solar heating and cooling program to expand the use of such technologies within the next five years. Requires that a major portion of the research and development costs for such programs be borne by private industry. Limits the Federal funds expended for such purposes to $100,000,000 or 25 percent of the total funds appropriated under the authority of this Act, whichever is less. Title IV: Commercial Implementation - Establishes the following goals for which additional Federal assistance to private industry shall be available: (1) the production of ten percent of all the energy consumed within the United States through the use of solar and geothermal energy within ten years of the enactment of this Act; and (2) an increase in the percentage of such consumption from solar and geothermal sources to 20 percent by the year 2000. Title V: Report - Directs the Assistant Administrator to submit a detailed plan of implementation within 90 days of the enactment of this Act. Requires annual progress reports listing the amount of Federal funds expended on each program. Directs the Congressional Budget Office to report on direct and indirect costs associated with Federal nuclear and fossil fuels subsidization programs. Directs the Budget Office to submit similar reports on cost incentive programs recommended by the Assistant Administrator to encourage the development of solar and geothermal structures for businesses and residencies. Title VI: Conservation - Directs the Assistant Administrator to implement various energy conservation programs designed to offer tax incentives for energy conservation and to assist in the development of improved energy-saving technologies. Establishes as the ultimate objective of such program a ten percent reduction in national energy consumption by 1985. Title VII: Regulation-Information to Congress - Authorizes the Assistant Administrator to prescribe appropriate rules and regulations to carry out the purposes of this Act. Requires that appropriate committees of Congress be fully and currently informed with respect to activities under this Act. Title VIII: Authorization of Appropriations - Authorizes appropriations through fiscal year 1985 for: (1) solar-thermal and ocean-thermal electric generation facilities; (2) wind-electric generation facilities; (3) biconversion-methane gas generation facilities; (4) geothermal-electric generation facilities; (5) photovoltaic-electric generation facilities and related activities; (6) the residential and commercial structure solar heating and cooling program and related activities; and (7) the energy conservation program outlined in this Act.
United States · United States Congress · 28 April 1976
National Commitment to Energy Independence using Solar and Geothermal Energy Act - Title I: Findings, Policy, Purpose, and Definitions - Declares it the policy of the United States and the purpose of this Act to eliminate reliance on imports of crude oil as an energy source through the implementation of energy conservation programs coupled with construction of solar and geothermal energy generation facilities. Title II: Assistant Administrator for Solar and Geothermal Energy and Conservation - Creates, within the Energy Research and Development Administration, the position of Assistant Administrator for Solar and Geothermal Energy and Conservation. Directs the Assistant Administrator to oversee projects and programs under the Solar Heating and Cooling Demonstration Act of 1974 and the Solar Energy Research, Development, and Demonstration Act of 1974. Authorizes the Administrator to undertake energy conservation duties in the areas involving reduction of heat use, heat loss, electric energy use, and the reuse of solid wastes. Title III: Test and Evaluation Facilities - Directs the Assistant Administrator to implement various current systems concepts related to solar and geothermal energy. Lists specific number of test facilities as a required part of such program. Directs the Assistant Administrator to establish programs to standardize photovoltaic component costs below specified levels within five years. Requires the establishment of a residential and commercial solar heating and cooling program to expand the use of such technologies within the next five years. Requires that a major portion of the research and development costs for such programs be borne by private industry. Limits the Federal funds expended for such purposes to $100,000,000 or 25 percent of the total funds appropriated under the authority of this Act, whichever is less. Title IV: Commercial Implementation - Establishes the following goals for which additional Federal assistance to private industry shall be available: (1) the production of ten percent of all the energy consumed within the United States through the use of solar and geothermal energy within ten years of the enactment of this Act; and (2) an increase in the percentage of such consumption from solar and geothermal sources to 20 percent by the year 2000. Title V: Report - Directs the Assistant Administrator to submit a detailed plan of implementation within 90 days of the enactment of this Act. Requires annual progress reports listing the amount of Federal funds expended on each program. Directs the Congressional Budget Office to report on direct and indirect costs associated with Federal nuclear and fossil fuels subsidization programs. Directs the Budget Office to submit similar reports on cost incentive programs recommended by the Assistant Administrator to encourage the development of solar and geothermal structures for businesses and residencies. Title VI: Conservation - Directs the Assistant Administrator to implement various energy conservation programs designed to offer tax incentives for energy conservation and to assist in the development of improved energy-saving technologies. Establishes as the ultimate objective of such program a ten percent reduction in national energy consumption by 1985. Title VII: Regulation-Information to Congress - Authorizes the Assistant Administrator to prescribe appropriate rules and regulations to carry out the purposes of this Act. Requires that appropriate committees of Congress be fully and currently informed with respect to activities under this Act. Title VIII: Authorization of Appropriations - Authorizes appropriations through fiscal year 1985 for: (1) solar-thermal and ocean-thermal electric generation facilities; (2) wind-electric generation facilities; (3) biconversion-methane gas generation facilities; (4) geothermal-electric generation facilities; (5) photovoltaic-electric generation facilities and related activities; (6) the residential and commercial structure solar heating and cooling program and related activities; and (7) the energy conservation program outlined in this Act.
United States · United States Congress · 28 April 1976
Opportunities Industrialization Centers Job Creation and Training Act - States that the purpose of this Act is to provide special authority for the Opportunities Industrialization Centers in order to create and provide job opportunities for specific unemployed persons who were particularly hard hit by the recent economic recession, and to provide opportunities for industry to create additional jobs for the unemployed in rural and urban communities. Authorizes the Secretary of Labor to enter into a contract with Opportunities Industrialization Centers, Incorporated (OIC) in order to provide comprehensive employment services and jobs for unemployed persons. Requires each such contract to contain provisions assuring that specific requirements are complied with, including requirements that (1) special consideration in providing jobs will be given to unemployed persons who are most severely disadvantaged in terms of the length of time they have been unemployed; (2) due consideration will be given to persons who have participated in manpower training programs for whom unemployment opportunities would be otherwise available, and (3) the program will to the maximum extent feasible contribute to the elimination of artificial barriers to employment and occupational advancement. Sets forth special conditions to be met prior to providing financial assistance pursuant to a contract entered into under this Act. Requires the programs to contribute, to the maximum extent feasible, to the occupational development or upward mobility of individual participants. Prohibits the Secretary from providing financial assistance unless he determines that: (1) periodic reports will be submitted to him to measure the effectiveness of the program; (2) there will be no discrimination on the basis of race, creed, color, national origin, sex, political affiliation, or beliefs within the program; and (3) the participants in the program will not be employed in the construction, operation, or maintenance of sectarian religious facilities. Authorizes appropriations to carry out the provisions of this Act of $150,000,000 for fiscal year 1977, $200,000,000 for fiscal year 1978, $300,000,000 for fiscal year 1979, and $350,000,000 for fiscal year 1980.
United States · United States Congress · 9 April 1976
Designates specified areas within the following national parks and national monuments as wilderness: (1) Bandelier National Monument, New Mexico; (2) Gunnison National Monument, Colorado; (3) Chiricahua National Monument, Arizona; (4) Great Sand Dunes National Monument Colorado; (5) Haleakala National Park, Hawaii; (6) Isle Royale National Park Michigan; (7) Joshua Tree National Monument, California; (8) Mesa Verde National Park, Colorado; (9) Pinnacles National Monument, California; and (10) Saguaro National Monument, Arizona. Revises the boundaries of Isle Royale National Park, Michigan, and Pinnacles National Monument, California. Directs the Secretary of Agriculture to review the suitability of specified lands in Coronado National Forest, Arizona, for designation as wilderness.
United States · United States Congress · 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 · 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 · 30 March 1976
Allows an estate tax credit of $25,000 under the Internal Revenue Code. Authorizes the executor of an estate to elect an additional credit of $15,000 if 65 percent or more of the value of the adjusted gross estate is attributable to a qualifying small business. Reduces the additional credit by 15 percent of the amount by which the value of the taxable estate exceeds $300,000. Defines the terms used in this Act. Makes technical and conforming amendments.
United States · United States Congress · 24 March 1976
Electric Utility Rate Reform and Regulatory Improvement Act - Title I: General Provisions -- Declares it the purpose of this Act to reform inequities in the structure of electric utility rates. Title II: Utility Rate Reform - Defines terms as used in this title. Limits applicability of this title to sales of electric energy for purposes other than resale by an electric utility, where sales by such utility for purposes other than resale exceed 200 million kilowatt-hours during the second preceding calendar year. Imposes national minimum standards on utility rate structures, to be enforced by State regulatory authorities. Prohibits rate structures which allow lower rates for increased consumption without a showing that such lower rates actually reflect decreased costs. Eliminates price differentials for residential users of subsistence quantities of electricity, unless the Governor of the State has determined that an adequate alternative means to alleviate the burden to low-income residential consumers has been implemented. Stipulates that promotional and advertising costs may not be treated by a utility as an operating expense for purposes of rate determination. Requires evidentiary hearings by regulatory authorities on proposed rate increases. Limits the amount of actual increases pursuant to an automatic adjustment clause which may become effective without such a hearing. Requires that regulatory authorities annually review existing utility rate schedules. Authorizes State regulatory authorities to prescribe variances upon application by individual electric consumers unduly hardshipped by rate schedules. Directs State authorities to prescribe load management techniques to reduce maximum kilowatt demand on electric utilities. Establishes procedures to be followed in determining marginal costs of service to electric consumers. Establishes an Electric Utility Rate-making Assistance Office in the Federal Energy Administration to provide information and assistance with respect to ratemaking policies and procedures established by this Act. Title III: Economic Regulation of Bulk Power Supply - Amends the Federal Power Act to require that public utilities make new, increased, or retired capacity in bulk power facilities available to others engaged in the sale or transmission of electric energy in the same geographical area. Establishes additional requirements and procedures to insure continuation of service in cases of anticipated deficiencies in the available supplies of electric power. Requires that the Federal Power Commission hold evidentiary hearings on proposed rate increases. Limits the amount of actual increases pursuant to an automatic adjustment clause which may becomes effective without such a hearing. Requires the establishment of an Office of Public Counsel in the Federal Power Commission for the purpose of adequate representation of consumer interests before the Commission. Authorizes the appropriation of $500,000 for fiscal year 1978 and $2,000,000 for fiscal year 1979 to such Office. Authorizes the Commission to pay reasonable fees to certain participants in evidentiary hearings, not to exceed $1,000,000 for all such persons in any fiscal year. Directs the Commission to prescribe minimum standards to assure a reliable supply of electric energy. Requires electric utilities to develop a quality control program to assure compliance with such reliability standards. Directs the Commission, upon consultation with the Federal Trade Commission, to study the desirability and means of increasing competition within the electric utility industry. Directs the Administrator of the Energy Research and Development Administration to conduct a study on the feasibility of generating electricity near the place of consumption. Title IV: Financial Assistance to State Regulatory Authorities - Authorizes the Electric Utility Ratemaking Assistance Office (established by title II of this Act) to make grants to State regulatory authorities for the following purposes: (1) to increase the quantity and quality of State regulatory staff; (2) to establish programs to meet Federal consumer representation requirements; and (3) to demonstrate innovative rate structures. Prescribes criteria on the allotment of funds to the States. Authorizes the appropriation of $30,000,000 in any fiscal year for grants to improve staffing. Authorizes the appropriation of $5,000,000 for grants for consumer representation, and $5,000,000 for grants for rate structure innovation. Title V: Coordination of Planning and Siting of Bulk Power Facilities - Requires that electric utilities which control bulk power facilities prepare an annual long-range plan for the use of each such facility. Establishes areawide planning councils to review such plans and submit area plans for bulk power facilities to the Commission. Directs the Chairman of the Federal Power Commission to supervise the overall approval process for the siting of bulk power facilities. Establishes procedures to assist in coordinating the Federal approval process.
United States · United States Congress · 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 · 16 March 1976
National Educational Opportunities Act - Title I: Definition and Guarantee of a Unitary School System and Equal Educational Opportunity - Provides that each State and its local educational agencies shall establish and maintain desegregated, unitary school systems which offer equal educational opportunities to all students, regardless of race, color, or national origin. States that a desegregrated unitary school system shall be presumed to exist unless a State or local educational agency denies equal educational opportunities to an individual on account of race, color, or national origin by specified acts which have the natural, probable, foreseeable, or actual effect of segregating students on the basis of race, color or national origin. Prohibits local educational agencies from denying equal educational opportunity to an individual on account of race, color, or national origin by maintenance of practices or provision of resources in schools in which minority students are concentrated that are less favorable for educational success and advancement than in schools attended primarily by students of any other race, color, or national origin. Gives examples of such denials of equal educational opportunity. Authorizes the Attorney General to bring a civil action in Federal court for equitable relief in any case where he has reasonable cause to believe that the provisions of this Act are being violated. Title II: State Equal Educational Opportunities Plans - Requires each State to prepare and submit to the Secretary of Health, Education, and Welfare for his approval a plan to carry out the purpose of this Act. Requires that such plan shall provide for the establishment of State and local advisory bodies to advise State and local educational agencies on development and participation in such plans. Requires such plans to provide a viable mechanism for States and local educational systems to implement a policy of equal educational opportunities that delineates the fundamental prerequisites for a desegregated, unitary school system. Provides that such State plans shall include specific means for implementing some or all of the following components: (1) a majority transfer plan on both an intradistrict and interdistrict basis; (2) a school district reorganization plan; and (3) an approved, concentrated compensatory education program for basic instructional programs, supportive services, and vocational guidance and for programs having potential for improving the achievement performance of educationally deprived students. Authorizes to be appropriated for carrying out this title not in excess of $200,000,000 for fiscal year 1977, $500,000,000 for fiscal year 1978, and $500,000,000 for each fiscal year for the next three fiscal years. Provides a formula for allotment of such funds to the States and for allocation among various programs and agencies. States that whenever the Secretary, after reasonable notice and opportunity for a hearing: (1) disapproves such a plan; or (2) finds that no plan has been submitted by a State, that a State plan approved under this Act has been so changed that it no longer complies with the requirements of this Act, that plan administration fails to comply substantially with any such provisions, or that a grantee is in violation of title II of this Act, the Secretary shall notify the grantee that further payments will not be made to the grantee under this title or any other educational assistance program until he is satisfied that there will no longer be any failure to comply. Provides that, until he is so satisfied, the Secretary shall make no further payments under such titles. Provides for review of the Secretary's action in such cases by the United States Court of Appeals for the circuit in which the claimant State is located. Title III: General Provisions and Definitions - Defines the terms used in this Act.
United States · United States Congress · 15 March 1976
Amends the Housing Act of 1949 to expand the definitions of "rural" and "rural areas" to include places not part of or associated with an urban area which have a population of between 10,000 and 20,000 people and which have a serious lack of mortgage credit for lower- and moderate-income families.
United States · United States Congress · 15 March 1976
Federal Criminal Law Revision and Constitutional Rights Preservation Act - Title I: Codification, Revision, and Reform of Title 18 Part I; General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act. Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction. Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind. Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as an agent for an organization, as an organization for an agent, and for criminal facilitation. Chapter 5: Bars and Defenses - Stipulates that the bars and defenses to prosecution set forth in this chapter are not exclusive except as specified. Allows additional bars and defenses to be developed by the courts. Bars prosecution, when time limitations have run, when the subject is less than 16 years old, and in cases of unlawful entrapment. Sets forth situations in which a single prosecution is required for two or more offenses. Stipulates that former prosecution for the same offense and for a different offense shall be a bar to prosecution in circumstances specified in the Act. States that former prosecution in another jurisdiction may act as a bar to prosecution. Bars subsequent prosecution by a State in specified situations. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication. Establishes, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendant, at the time of such conduct, as a result of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the conduct in question or to conform such conduct to the requirements of law. Specifies that "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. Defines additional defenses, including duress, protection of persons, protection of property, use of force to make an arrest, and official misstatement of law. Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them. Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, such person intentionally engages in conduct that, in fact, constitutes a substantial step toward commission of the crime. Makes a person guilty of criminal conspiracy if such person agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and one or more of such persons, with intent to effect any objective of the agreement, engages in any conduct which substantially tends to effect such objective. Prohibits any person from being charged both with conspiracy to commit a crime and with the substantive offense itself. Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, and engaging in para-military activity. Defines sabotage and related offenses, including violating an emergency regulation; evading military or alternative civilian service; obstructing military recruitment of induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing classified national defense information for use by a foreign nation to injure the national defense, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses. Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transactions. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, unlawfully employing an alien, and fraudulently acquiring or improperly using a passport. Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government function, including impersonating an official, and misusing governmental authority. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness. Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding. Makes a person guilty of the offense of tampering with a witness or an informant if such person uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning such individual to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) be absent from an official proceeding to which such individual has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense. Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order. Makes a person guilty of criminal contempt if such individual: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction. Defines perjury, false swearing, making a false statement, and tampering with a government record, information disclosure, and nonelected public servant making a false statement. Defines offenses involving official corruption and intimidation, including briberty, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant. Makes a person guilty of the offense of trading in special influence if such individual: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to taking an official action or performing a legal duty as a public servant. Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. Stipulates, regarding the offense of tax evasion, that a person is guilty of an offense if he, with intent to evade liability for a tax or the payment of a tax: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; or (5) otherwise acts in any manner to evade liability for, or payment of, the tax. Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property. Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because such person exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States. Makes a person guilty of an offense if, by force or threat of force such person intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings. Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a Federal public servant or in a Federal building; making a political contribution as a foreign national; or making an excess campaign expenditure. Stipulates, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, such person: (1) engages in conduct constituting a crime under this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution. Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose. Stipulates, regarding the offense of eavesdropping, that a person is guilty of an offense if such person intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1). Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if such person: (1) engages in conduct that knowingly causes the death of another person; (2) engages in conduct that causes the death of another person under circumstance in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that is commited either alone or with one or more other participants, such individual or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense. Makes a person guilty of the offense of manslaughter if such individual: (1) engages in conduct that causes the death of another person; or (2) engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder. Makes a person guilty of negligent homicide if such person engages in conduct that negligently causes the death of another person. Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. Stipulates, regarding the offense of rape, that a person is guilty of an offense if such individual engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old. Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses, including environmental spoilation and failure to prevent catastrophe; (2) burglary and other criminal intrusion offense; (3) robbery, extortion, and blackmail; (4) theft and related offenses including consumer fraud; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses. Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. Stipulates that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate. Defines drug offenses including trafficking in an opiate, trafficking in drugs other than marihuana, trafficking in marihuana, possessing drugs and violating a drug regulation. Makes a person guilty of trafficking in marihuana if such person distributes marihuana to an individual who is less than 18 years old. Makes the possession of marihuana punishable by a fine or $100. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, such person engages in violent, tumultuous, or threatening conduct. Makes it an offense for a Federal public servant acting in official capacity to induce or encourage another person to engage in conduct constituting an offense by either making knowingly false representations designed to induce the belief that such conduct is not prohibited or by employing methods of persuasion which create a substantial risk that an offense will be committed by persons other than those who are ready to commit it. Part III: Sentences - Chapter 20: General Provisions - Requires that an individual found guilty of an offense be sentenced to probation, a fine, a term of imprisonment, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Outlines the areas which must be considered in such report. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists. Permits the courts to require those convicted of offenses to notify the class of persons affected by the conviction. Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Establishes authorizes terms of probation for each class of offense. Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines. Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses including 15 years for a class A felony, seven years for a class B felony, and four years for a class C felony. Sets forth factors to be considered in imposing terms. Requires that multiple sentences run concurrently unless the court specifies consecutive running, based upon a list of considerations. Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the Department of the Interior to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information. Chapter 31: Ancillary Investigate Authority - Stipulates that, if a person refuses, on the basis of the privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court or grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which such person may testify, or produce evidence, provided however that no person may be compelled to testify or to produce a record, document, or other object if a refusal to do is on the basis of the privilege against self-incrimination. Authorizes the district court upon application of the United States attorney to issue an order of immunity for a person who has been or may be subpoenaed to testify or to produce a record, or document. Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature. Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense. Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form. Reguires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime. Allows extradition to be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title. Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable. Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government. Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States. Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge. Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense. Allows an offense begun in one judicial district and completed in another, or commited in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed. Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case. Requires the establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and the establishment of Community Defender Organizations, to consist of nonprofit defense counsels. Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Directs that persons charged with non-capital offenses be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond. Allows appeal from a denial of release. Chapter 36: Disposition of Juvenile or Incompetent Offenders - Directs the Attorney General to forgo prosecution and surrender an arrested juvenile to State jurisdiction unless, after investigation, the Attorney General certifies that the State - (1) will not assure jurisdiction over the person; or (2) does not have available programs and services adequate for the needs of the juvenile. Establishes guidelines for the surrender of a person between the age of 18 and 21 years arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Allows a juvenile to be proceeded against only by information, and directs that no criminal prosecution may be instituted for the offense charged. Stipulates that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place the jurvenile on probation as specified or commit the juvenile to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near the individual home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure. Allows subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion to be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering such defendant mentally incompetent to the extent of being unable to understand the nature of the proceedings or to assist properly in the defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense. Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress. Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences. Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Decribes their duties. Allows a probationer who is alleged to have violated a condition of probation to be ordered to appear at a hearing before the court having jurisdiction over him. Permits that persons found guilty of drug offenses, with no prior drug convictions, to be placed on probation for one year without the entering of a judgment of conviction. Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined. Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishment of family ties and specified employment situations, under which a prisoner can obtain temporary releases. Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Requires a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Directs that rules and regulations necessary for the administration of the provisions of this chapter be promulgated in accord with the Administrative Procedure Act. Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows intiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title. Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering. Chapter 41: Ancillary Private Civil Remedies - Stipulates that a person injured in his business or property by reason of a racketeering offense has a civil cause of action in district court to recover three times the damages sustained and litigation costs. Establishes civil remedies for persons whose oral communications are illegally intercepted. Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation. Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - Requires that these rules be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants. Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. Enumerates the conditions under which a preliminary examination shall be held for the finding of probable cause. III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. Permits disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror to be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court. Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants. Permits such public servants to file answers with the clerk of the court. Prescribes the use of indictments and information, including their contents and forms. Describes the conditions under which joinder of offenses and defendants will be permitted. IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment of information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted. Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement. States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure. Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas. V. Venue - Stipulates that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial. VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties. Prescribes procedures for jury examination and challenges. Allocates the burdens of proof for offenses, defenses, affirmative defenses, and for jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place. Makes rules for closing arguments, instructions, and verdicts. VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Requires that a judgment of conviction set forth the pleas, the verdict or findings, and the adjudication and sentence. Sets forth conditions allowing a new trial. VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken. IX. Supplementary and Special Proceedings - Sets forth conditions and procedures for removal to another district. Details, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted) and the nature of the return. Prescribes rules for disposition of criminal contempt. X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title. Rules of Procedures for the Trial of Minor Offenses Before United States Magistrates - Declares that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Stipulates that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure. Sets forth such rules covering scope, minor offenses other than petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court.
United States · United States Congress · 11 March 1976
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriation to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar- for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in research institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regraded areas. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requires the posting of performance bonds and possession of liability insurance by applicants for permits. Requires operators to obtain a permit prior to conducting any coal exploration operations which substantially disturb the natural land surface. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operation on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface mining and reclamation operations on Federal land. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the approriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (3) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 11 March 1976
Stipulates that no rule or regulation which is issued pursuant to the Food Stamp Act of 1964 and which is to become effective after February 13, 1976, shall become effective until the enactment of legislation after the date of enactment of this Act with respect to the eligibility and purchase requirements of persons receiving benefits under the Food Stamp Act of 1964.
United States · United States Congress · 4 March 1976
Establishes in the House of Representatives the Select Committee on Nuclear Proliferation and Nuclear Export Policy. Directs the Committee to conduct a full and complete study of: (1) the threat of nuclear proliferation; (2) the present policies of the United States concerning nuclear proliferation; (3) the decisionmaking process within the executive branch on nuclear export policies; and (4) any related areas which the committee deems necessary to investigate and study to discharge its responsibilities. Directs the committee to report to the House as soon as practicable the results of its investigation and study, together with such recommendations as it deems advisable.
United States · United States Congress · 2 March 1976
Title I: Amends the Land and Water Conservation Fund Act of 1965 to increase the amount of appropriations authorized under such Act to $300,000,000 for fiscal year 1977, $450,000,000 for fiscal year 1978, $625,000,000 for fiscal year 1979, and $800,000,000 for each fiscal year thereafter through fiscal year 1989. Revises procedures for the apportionment of land and water conservation fund moneys to States by the Secretary of the Interior. Imposes public participation requirements with respect to the preparation of comprehensive statewide outdoor recreation plans. Authorizes Federal financial assistance for the planning and development of sheltered facilities for swimming pools and ice skating rinks, provided specified conditions are met. Title II: Amends the National Historic Preservation Act of 1966 to establish a historic preservation fund in the United States Treasury. Stipulates that $24,400,000 for fiscal year 1977, $75,000,000 annually for fiscal years 1978 and 1979 and $100,000,000 annually for each fiscal year thereafter until fiscal year 1989 be covered into the fund from revenues due and payable to the United States under the Outer Continental Shelf Lands Act and other Federal Mining laws. Stipulates that such moneys shall remain available until appropriated to carry out the purposes of the National Historic Preservation Act of 1966. Authorizes the appropriation of $175,000 per year for fiscal years 1977,1978, and 1979 for the International Center for the Preservation and Restoration of Cultural Property.
United States · United States Congress · 26 February 1976
Prohibits the landing or taking off, except in emergencies, of any supersonic aircraft which generates a noise level in excess of the level prescribed for new subsonic aircraft from Dulles International Airport or Washington National Airport.
United States · United States Congress · 24 February 1976
Provides for the disposal under the Federal Property and Administrative Services Act of 1949 of surplus real property at not less than 25 percent of fair market value to States and their political subdivisions, agencies, and instrumentalities for economic development purposes where such areas meet special needs arising from actual or threatened severe unemployment arising from the closing of Federal facilities.
United States · United States Congress · 19 February 1976
Allows an individual given or administered a drug in connection with an experiment conducted by or at the direction of the United States, while such individual was a member of the Armed Forces, to bring an action for damages if such experiment was conducted on or after January 1, 1945, but prior to the date of enactment of this Act. Grants U.S. district courts jurisdiction over such claims. Defines "drug" and "Armed Forces" for purposes of this Act.
United States · United States Congress · 19 February 1976
Adds to the Elementary and Secondary Education Act of 1965 "Title X-Emergency Education Revenue Act". Authorizes the appropriation of such sums as may be necessary to carry out this Act in fiscal years 1976 and 1977. Authorizes the Secretary of Health, Education, and Welfare to make grants to a local education agency which demonstrates that: (1) for bona fide budgetary reasons it has been forced to reduce the expenditure of funds for essential elementary and secondary education services, making it impossible to maintain such services at a quality level; and (2) that it or the local government unit responsible for providing its revenues has made bona fide efforts to raise the revenue necessary to support essential elementary and secondary educational services and maintain quality education. Makes financial assistance under this Act available for essential elementary and secondary educational services, programs, and projects of the local education agency which had been funded by such agency previously and which the Secretary determines are essential for providing quality elementary and secondary educational services. Requires any local education agency desiring to receive assistance under this Act to submit to the Secretary an application in such form and containing such information as the Secretary shall require by regulation. Permits the Secretary to approve such application only if assurances are given that the State shall not reduce the amount of State aid with respect to the provision of free public education in any school district of any local education agency because of assistance given under this Act.
United States · United States Congress · 11 February 1976
Amends the Federal Election Campaign Act of 1974 to establish as an independent establishment of the Executive Branch the Federal Election Commission, consisting of the Secretary of the Senate (ex officio), the Clerk of the House (ex officio), and six members appointed by the President with the advice and consent of the Senate. States that more than three members appointed by the President may be affiliated with the same party. Sets members' terms at six years with one members' term expiring every year. States that members will be chosen from among individuals who are not currently elected or appointed as an officer or employee of any branch of the Government of the United States, except current members of the Federal Election Commission.
United States · United States Congress · 10 February 1976
Designates the week commencing with the third Monday in February of each year as "National Patriotism Week." Authorizes and requests the President to issue a proclamation calling upon the people of the United States to commemorate such week with appropriate observances and encouraging schools to adopt an appropriate curriculum for that week including such elements as the study of the Pledge of Allegiance and the National Anthem.
United States · United States Congress · 4 February 1976
Government in the Sunshine Act - States that this Act applies to the Federal Election Commission and to any agency where the collegial body comprising the agency consists of two or more individual members, at least a majority of whom are appointed to such position by the President with the advice and consent of the Senate. Provides that all meetings of such collegial body, or of a subdivision thereof authorized to take action on behalf of the agency, shall be open to the public. Requires such agency to make public announcement, at least one week before the meeting, of the date, place, and subject matter of the meeting, whether open or closed to the public, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting. Exempts meetings when publicity would result in disclosure of matters: (1) necessary to keep secret in the interests of national defense or foreign policy; (2) not warranting an invasion of personal privacy; (3) constituting trade secrets; and (4) other matters the disclosure of which would not be in the public interest. States that the district courts of the United States shall have jurisdiction to enforce the requirements of this Act by declaratory judgment, injunctive relief, or other relief as may be appropriate. Prohibits the making of an ex parte communication relevant to the merits of the proceeding by an interested person outside the agency to anyone involved in the decisional process of the proceedings.
United States · United States Congress · 27 January 1976
Expresses the sense of the House of Representatives that the people of Angola should be allowed to determine their own political future without foreign interference. Expresses support for efforts by the Organization of African Unity to achieve a settlement of the conflict in Angola. Calls upon all countries to terminate military assistance to any group in Angola. States that the President should do his utmost to seek an agreement among the various parties involved in hostilities or in the support of such hostilities in Angola to terminate such hostilities. Directs the President to refrain from providing assistance of any kind, for military activities in Angola, until specifically approved by Congress.
United States · United States Congress · 22 January 1976
Expands the boundaries of the Indiana Dunes National Lakeshore. Repeals provisions suspending the Secretary of the Interior's authority to acquire property within the National Lakeshore by condemnation when appropriate zoning agencies have in effect approved valid zoning ordinances applicable to such property. Revises provisions regarding retention of the right of use and occupancy by owners of improved property after such property has been acquired by the Secretary. Increases the membership of the Indiana Dunes National Lakeshore Advisory Commission. Authorizes the appropriation of sums for acquisition of lands and interests in land and for development. Requires the Secretary to complete by the end of 1977 a final master plan detailing the development of the lakeshore. Details guidelines regarding rights-of-way and easements added by this Act to the lakeshore and regarding the acquisition, improvement, and use of specified lands and easements not within the expanded boundaries.
United States · United States Congress · 22 January 1976
Restores civil service survivors annuities to (1) surviving spouses of employees whose annuities were terminated because of remarriage before July 18, 1966, and (2) surviving spouses of Members of Congress who died before January 8, 1977 whose annuities were terminated because of remarriage. Conditions the reinstatement of such survivor annuities upon the return of any lump sum paid upon termination of the annuity, the election to receive the annuity to the exclusion of any other government employee survivor benefit, and, if the surviving spouse remarried before age 60, the termination of such remarriage.
United States · United States Congress · 22 January 1976
Title I: Foreign Boycotts - Foreign Boycotts Act - Makes it the policy of the United States to oppose, under the provisions of the Export Administration Act, restrictive trade practices or boycotts imposed by foreign countries against any domestic concern of the United States. Provides for the promulgation of rules by the Secretary of Commerce to require that any domestic concern which receives a request for the furnishing of information on the signing of agreements which have the effect of furthering or supporting restrictive trade practices or boycotts by foreign countries to transmit to the Secretary a report stating specified information. Authorizes the Secretary to impose a civil penalty of up to $10,000 for violations of the requirements of this Act. Title II: Disclosure - Domestic and Foreign Investment Improved Disclosure Act - Requires notification, under the Securities Exchange Act of 1934, by any investor of a proposed acquisition of more than five percent of the equity securities of any United States companys, within ten days after such acquisition, to the issuer of the security, the exchange where it is traded, and the Securities and Exchange Commission. Sets forth requirements for the statement to be filed with the Commission including: (1) the background, identity, residence, and nationality of such owner and any other person on whose behalf the purchases are to be effected; (2) the source and amount of the funds or other consideration used in making the purchase; (3) the purpose of the acquisition; and (4) the number of shares which are beneficially owned. Grants the Commission authority to seek injunctive relief as it deems necessary and appropriate to secure compliance with this Act.
United States · United States Congress · 21 January 1976
Permits a surviving spouse whose civil service annuity was terminated due to remarriage to enroll in a civil service health benefits plan upon restoration of such spouse's annuity if the spouse was covered by a health benefits plan at the time the annuity was terminated.
United States · United States Congress · 21 January 1976
Grants Federal and Congressional employees leave without reduction in pay or leave to which they are otherwise entitled for absences due to service as a witness in any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party. Allows amounts appropriated for government contributions to Federal employee and retired Federal employees health plans to remain available until expended.
United States · United States Congress · 21 January 1976
Directs the Secretary of Agriculture to acquire specified lands to be added to the Coronado National Forest, Arizona. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act.
![Official portrait of Rep. Udall, Morris K. [D-AZ-2]](https://www.congress.gov/img/member/u000001_200.jpg)