United States · United States Congress · 10 February 1977
Air Transportation Regulatory Reform Act - Amends the Federal Aviation Act of 1958 to direct the Civil Aeronautics Board, in the exercise of its duties with respect to interstate and overseas air transportation, to consider as being in the public interest the development of an air transportation system which relies on competitive market forces to determine the variety, quality and price of air services. Requires the Board to issue certificates to engage in scheduled or charter interstate or overseas passenger air transportation if certain conditions are met unless the Board finds that such transportation is not consistent with the public convenience and necessity (previously a certificate could only be granted if the public convenience and necessity required such service). Stipulates that such standards shall be used regarding applications to engage in all-cargo operations before January 1, 1979. Requires the Board, with respect to applications to engage in all-cargo transportation after such date, to issue the requested certificate regardless of whether it is inconsistent with the public convenience and necessity. Stipulates that if an air carrier holding nonstop authority to engage in scheduled air transportation between any two points listed on its certificate does not exercise such authority to a specified extend the Board shall issue a certificate authorizing such transportation to another carrier. Establishes notice procedures which the Board must follow before granting such authority. Authorizes air carriers to apply to the Board at the beginning of each year for a restricted discretionary certificate to serve additional pairs of points not included in such carrier's certificate. Restricts the number of additional points which carriers that have operated above a specified seat-mile level during the previous year may serve under such a certificate. Requires the Board, in the event that more than one application has been received to service particular points, to give preference to carriers which have operated below a specified number of seat-miles during the previous year. Prohibits air carriers engaged in such service from increasing fares or substantially reducing the level of capacity except upon 60 days' notice filed with the Board. Allows air carriers which have engaged continuously for 18 consecutive months in such service to apply to the Board to engage in unrestricted nonstop scheduled air transportation between such points. Stipulates that certificates to engage in interstate or overseas charter or all-cargo operations need only designate terminal and intermediate points as the Board deems practicable and need only designate the geographical areas in which such service may be rendered. Requires the Board to eliminate all closed door restrictions on any certificate. Directs the Board to remove other restrictions upon the request of a carrier or upon its own initiative. Limits the amount of charter trips which a carrier other than a charter air carrier may perform. Sets forth procedures regarding the suspension or revocation of certificates by the Board. Allows air carriers to terminate any interstate or overseas air transportation service required by its certificate upon 90 days' notice filed with the Board. Authorizes the Board to temporarily suspend such termination. Sets forth insurance and bonding requirements for air carriers. Authorizes air carriers to revise fares upon 60 days' notice filed with the Board where such rate change is within the authorized limits under this Act. Establishes a Federal subsidy program to insure adequate air service to communities which require but cannot otherwise obtain access to a national air transportation network. Eliminates mandatory Board jurisdiction over consolidation, merger, purchase, or acquisition of control agreements. Requires individuals desiring to enter into such a transaction to file a notice of such proposed action with the Attorney General. Requires the Attorney General upon a belief that such transaction would violate the antitrust laws, to notify the Board, the parties to the transaction, and other interested parties of such belief. Requires the suspension of such transaction after such notice is given. Authorizes the Attorney General to exempt a class of transactions from such premerger notification if such transactions do not affect the control of an air carrier directly engaged in the operation of aircraft and does not restrain competition or create a monopoly. Authorizes the Board to exempt any person or class of persons from the requirements of this Act if such exemption is in the public interest. Exempts air carriers which engage in air transportation solely with aircraft having a maximum passenger capacity of less than 56 passengers or a maximum payload capacity of less than 18,000 pounds from the requirement that they hold a certificate. Authorizes the Board to increase such capacity when the public interest so requires. Eliminates the power of the President to approve or disapprove the issuance, transfer, suspension, revocation, or modification of any certificate authorizing an air carrier to engage in overseas or foreign air transportation. Limits the Board's power to prescribe minimum and maximum fares for air transportation. Prohibits the Board from finding a rate to be too high unless before January 1, 1980, it is more than ten percent higher than the previous year and after such date 20 percent higher than the previous year. Prohibits the Board from finding a rate to be too low if such rate is above the carrier's direct cost for such service. Authorizes the Board to dispense with oral evidentiary proceedings for applications pertaining to interstate or overseas air transportation. Requires the Board to either grant or deny such applications within 30 days after a decision not to require a hearing. Stipulates that if the Board does not act within such time the application shall be deemed granted as applied for. Sets forth procedures for oral evidentiary proceedings for applications relating to air transportation.
United States · United States Congress · 10 February 1977
Amends Title XVIII (Medicare) of the Social Security Act to provide payment for rural health clinic services pursuant to program of Supplementary Medical Insurance Benefits for the aged and Disabled of such Title.
United States · United States Congress · 10 February 1977
Authorizes the Attorney General, in his discretion, in the case of any alien who is a native or citizen of Vietnam, Laos, or Cambodia and who has been inspected and admitted or paroled into the United States, to adjust the status of such alien to that of an alien lawfully admitted for permanent residence. Sets forth conditions for the granting of such adjusted status. Applies this Act to the resident spouse and children of any alien whose status is changed pursuant to this Act.
United States · United States Congress · 10 February 1977
Solar Energy Government Building Act - Title I: Solar Hot Water and Space Heating Program for Federal Building - Directs the Administrator of General Services to establish a solar hot water and space heating devices in 15,000 federally owned buildings within six fiscal years following the date of enactment of this Act. Directs the Administrator to annually survey Federal buildings to determine those most suitable for the installation of solar hot water and space heating devices, considering geographic distribution and life-cycle cost evaluations in making such determination. Directs the Administrator to report annually to Congress on the status of the Program, including recommendations for future funding levels necessary to fully implement the six-year target set forth in this Act. Establishes an Advisory Committee on the Solar Energy Government Building Program of specified Government executives to assist the Administrator in the establishment and conduct of the Program. Authorizes the appropriation of $100,000,000 for each of fiscal years 1978 through 1983 for the purposes of this title. Title II: Federal Photovoltaic Utilization Program - Establishes a Federal Photovoltaic Utilization Program for the annual acquisition and use of photovoltaic solar electric systems, primarily for use by the Department of Defense. Directs the Administrator of General Services to administer the program with the assistance of the Secretary of Defense. Directs the Administrator of the Energy Research and Development Administration to establish a photovoltaic system evaluation and purchase program to insure that such systems reflect the most advanced, low-cost technology. Authorizes the appropriations of $25,000,000 for each of fiscal years 1978 through 1982 for design and engineering aspects of the program. Authorizes the appropriation of $100,000,000 for photovoltaic system acquisition in fiscal year 1978.
United States · United States Congress · 10 February 1977
Young Families' Housing Act - Graduated Payment Mortgage Insurance Act - Amends the National Housing Act to permit the Secretary of Housing and Urban Development to insure, on a regular basis, mortgages and loans with provisions for varying rates of amortization corresponding to anticipated variations in family income. Sets a percentage limit on the mortgage value ratio of mortgages which will be insurable under this Act. Prescribes eligibility requirements for such insurance. States that mortgages or loans insured pursuant to this Act shall not be subject to State usury laws in most cases. Individual Housing Account Act - Amends the Internal Revenue Code to allow a deduction for amounts paid in cash into an individual housing account. Defines the term "individual housing account" for the purposes of this Act. Limits annual tax deductions to $2,500 and lifetime deductions to $10,000. Makes provisions for tax treatment upon distribution of such accounts. Exempts individual housing accounts from taxation under the Internal Revenue Code.
United States · United States Congress · 7 February 1977
Earth Resources and Environmental Information System Act - Title I: Earth Resources and Environmental Information System; Policies and Management - States the policies and purposes of this Act. Title II: Establishment of the Earth Resources and Environmental Information System - Establishes an Earth Resources and Environmental Information System, consisting of a "space segment" and a "data handling segment", to provide data and information on the resources and environment of the Earth to both domestic and foreign users. Title III: Federal Coordination and Planning - Requires the Director of the Office of Science and Technology Policy in the Executive Office of the President to oversee and coordinate, for research and development, the validation and operational phases of the system. Requires the National Aeronautics and Space Administration to establish and operate the space segment of the System, including replacement of satellites, to complete validation of the System, and to insure that other countries can acquire data from such segment. Requires the Secretary of the Interior to establish and operate the data handling segment of the System. Title IV: Miscellaneous Provisions - Authorizes appropriations to carry out the purposes of this Act.
United States · United States Congress · 1 February 1977
Public Official Integrity Act - Title I: Amendments to Title 28, United States Code - Requires the Attorney General to investigate all specific allegations of criminal law violations by specified individuals, including the President, Vice President, persons in the Executive branch compensated at a rate of pay prescribed for positions I and II of the Executive Schedule, and any national campaign manager or chairman of any national campaign committee seeking the election or reelection of the President. Requires the Attorney General to decide within 60 days whether the matter warrants prosecution and if so, directs him to apply to the division of the U.S. Courts of Appeals responsible for the appointment of a special prosecutor. Requires the Attorney General to apply for the appointment of a special prosecutor whenever, in the course of any criminal investigation, he determines that the continuing investigation or resulting prosecution may so directly and substantially affect the political or personal interests of the President or the Attorney General or the interests of the President's political party as to make it inappropriate in the interest of the administration of justice for the Department of Justice to conduct such investigation. Enumerates the authority and duties of a special prosecutor. Gives a special prosecutor all the investigative and prosecutorial functions and powers of the Department except those which specifically require the Attorney General's personal action. Requires a special prosecutor to report annually to Congress and at the conclusion of such special prosecutor's duties to the division of the court. Requires a special prosecutor to promptly advise the House of Representatives of any substantial and credible information which may constitute grounds for an impeachment. States that a special prosecutor may only be removed from office by impeachment and conviction, or by the Attorney General for extraordinary improprieties, malfeasance in office, willful neglect of duty, permanent incapacitation, or conduct constituting a felony. Permits the division of the court to terminate an office of special prosecutor at any time on the grounds that the investigations and prosecutions of such prosecutor have been completed. Requires the chief judge of the United States Court of Appeals for the District of Columbia to assign three judges or justices for two-year periods to a division of the Court to be the special panel of the court for the appointment of special prosecutors. Terminates the provisions of this Act which pertain to a special prosecutor five years after the date on which this Act takes effect. Authorizes to be appropriated such sums as may be necessary to be held by the Department as a contingent fund for the use of any special prosecutor appointed pursuant to this Act. Requires the Attorney General to promulgate rules requiring any officer or employee of the Department, including a United States Attorney, to disqualify himself from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interests or the appearance of such conflict. Establishes within the Department an Office of Government Crimes to be directed by a person appointed by the President by and with the advice and consent of the Senate and who has not, during the five years preceeding such appointment, held a high-level position of trust and responsibility on the personal campaign staff of, or in an organization or political party working on behalf of, a candidate for any elective Federal Office. Confers upon the Office jurisdiction over: (1) criminal violations of Federal law related to his Government position, employment, or compensation, by any individual who holds or who held a position as an elected or appointed Federal Government officer, employee or special employee; (2) criminal violations of Federal laws relating to lobbying, conflicts of interest, campaigns, and election to public office committed by any person except insofar as such violations relate to matters involving discrimination or intimidation on the grounds of race color, religion or national origin; (3) the supervision of investigations and prosecutions of criminal violations of Federal law involving State or local government officials or employees; and (4) such other matters as the Attorney General may deem appropriate except as to matters referred to the special prosecutor pursuant to this Act. Requires the Attorney General to report annually to Congress on the activities of the Office. Title II: Congressional Legal Counsel - Establishes as an office of Congress, the Office of Congressional Counsel headed by a Congressional Legal Counsel. Makes the office directly accountable to the Joint Leadership Group established under this Act. Directs the Office to defend Congress, a Member, officer, or employee of Congress, or any agency or committee of Congress in a civil action which arises from performance of official duties if so authorized by a two-thirds vote of the Leadership Group of the relevant House or Houses or by a majority vote of the relevant House or Houses of Congress. Directs the Office to bring a civil action to enforce a Congressional subpoena if authorized to do so by a majority vote of the appropriated House. Directs the Office to represent the interests of Congress as intervenor or amicus curiae in a suit in which Congress is not a party if authorized by the appropriate House, in the event such appearance or intervention is in the name of one House, or by both Houses in the event that such appearance or intervention is in the name of the entire Congress. Authorizes to be appropriated for each fiscal year through fiscal year 1982, such sums as may be necessary to enable the Office to carry out its duties and functions. Provides that until such sums are first appropriated, for a period of up to 12 months, the expenses of the office shall be paid from the contingent fund of the Senate. Title III: Government Personnel; Financial Disclosure Requirements - Declares it to be the policy of the United States that there be uniform requirements for full public financial disclosure by high-level officers and employees of the Executive, Legislative, and Judicial branches of the Government. States that such financial disclosure requirements shall not be inconsistent with the public financial disclosure requirements contained in the Code of Official Conduct adopted by the Senate.
United States · United States Congress · 1 February 1977
Victims of Crime Act - Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies requirements for program certification, including that the program (1) offer compensation for personal injuries suffered as a result of certain State and Federal crimes, (2) offer compensation to surviving dependents of persons whose deaths resulted from being victim to such a crime, (3) require cooperation with law enforcement agencies as a condition for recovery, (4) grant claimants the right to a hearing, and (5) subrogate the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State. States that grants made under this Act shall total 50 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program and 100 percent of the allowable compensation paid to victims and dependent survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Limits compensation with respect to any single claim to (1) loss resulting from medical and related treatment, physical and occupational therapy and rehabilitation, and past and anticipated future earnings up to $200 per week and (2) a total of $50,000. Establishes an Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime.
United States · United States Congress · 31 January 1977
Amends the Social Security Act to provide that, if the delivery day for benefit checks under titles II (Old-Age, Survivors, and Disability Insurance) and XVI (Supplemental Security Income Program) falls on a Saturday, Sunday or legal public holiday, benefit checks for such month shall be mailed for delivery on the first day preceding such designated day which is not a Saturday, Sunday or legal public holiday, without regard to whether the delivery of such checks is made in the same calendar month for which such benefit checks are issued. Requires the Administrator of Veterans' Affairs to make the same provision for the mailing of veterans' benefits checks.
United States · United States Congress · 31 January 1977
Amends Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act to provide payment for services performed by professional clinical social workers. Includes outpatient services, community mental health centers, and neighborhood health centers among "qualified providers" under Titles XVIII and XIX. Removes specified limitations which are imposed on coverage of psychiatric and mental health services under such titles.
United States · United States Congress · 31 January 1977
Amends the National Labor Relations Act to require an employer which assumes the ownership or operation of a business to honor any applicable collective bargaining contract in its entirety. Amends the Labor Management Relations Act to permit a labor organization to bring suit against a new employer which refuses to honor an existing agreement in United States district court regardless of the citizenship of the parties or amount in controversy.
United States · United States Congress · 31 January 1977
Amends Title XVIII (Medicare) of the Social Security Act to provide payment for optometric and medical vision care under the supplementary medical insurance program.
United States · United States Congress · 24 January 1977
Displaced Homemakers Act - Directs the Secretary of Health, Education, and Welfare to establish a minimum of 50 Multipurpose Service Centers for displaced homemakers. States that each Center shall provide specified services, including: (1) job counseling; (2) job training and job placement; (3) health education and counseling; (4) financial management; (5) legal counseling and referral; and (6) outreach information with respect to Federal assistance programs. Sets forth factors to be considered by the Secretary in selecting Center sites. Directs the Secretary to designate a public or non-profit private organization to administer a Center once its site has been chosen. Authorizes the Secretary to make grants in accordance with specified guidelines to such organizations for the purpose of establishing and maintaining Centers. Directs the Secretary to prepare and furnish to Congress biennial evaluations which are to include a thorough assessment of each Center and recommendations concerning the administration and expansion of such Centers at the local, State, and Federal levels. Directs the Secretary to prepare and furnish to the Congress a study to determine the feasibility of, and appropriate procedures for, allowing displaced homemakers to participate in: (1) programs established under the Comprehensive Employment and Training Act of 1973; (2) work incentive programs under the Social Security Act; (3) related Federal employment, education and health assistance programs; and (4) programs established, or benefits provided, under Federal and State unemployment compensation laws.
United States · United States Congress · 24 January 1977
Declares it to be the sense of Congress that wasteful energy consumption in the United States must be eliminated. Requests the President to call for a National Energy Crusade and to designate an Energy Conservation Month. Requests the President to report to the Congress and to the nation on the status of energy conservation initiatives.
United States · United States Congress · 19 January 1977
Farm Training Adjustment Program - Authorizes the Secretary of Agriculture to allocate funds to any State, for the purpose of conducting a farm training adjustment program for the farmers of such State who have been adversely affected as a result of a natural disaster. Requires States wishing to participate in such program to submit to the Secretary of Agriculture for approval, a plan for the farm training adjustment program. Requires that such program be carried out by the department of agriculture of such State under the supervision and control of a State-Federal Administrative Committee established under the guidelines set forth in this Act. Requires that the curriculum for such a program include: (1) farm management; (2) livestock marketing; (3) animal nutrition; (4) crop production; (5) conservation principles; (6) welding; (7) artificial insemination of livestock; and (8) first aid. Stipulated that no such program may exceed a 20 week period. Entitles participants in such program to receive a subsistence payment of $1,000 per month under specified conditions. Authorizes appropriations to the Department of Agriculture in such sums as may be necessary to carry out the provisions of this Act.
United States · United States Congress · 19 January 1977
Emergency Livestock Replacement Act - Authorizes the Secretary of Agriculture to designate as disaster areas localities, where, as a result of a natural disaster, the farmers and ranchers in such area cannot, without extreme financial hardship, maintain their foundation herds of cattle. Authorizes the Secretary to provide such individuals with foundation herd indemnification protection for up to 100 head of cattle provided such individual sells his foundation herd and purchases a replacement herd within two years. Stipulates that the amount of replacement payment shall be the difference between the cost of the replacement herd and the Secretary's appraised dollar value of the foundation herd sold by the farmer or rancher.
United States · United States Congress · 19 January 1977
Veterans' Administration Administrative Procedure and Judicial Review Act - Provides that the decisions of the Administrator of Veterans' Affairs on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be subject to judicial review. Directs that all rules, regulations, orders and any other determination of any kind made by the Administrator of Veterans' Affairs be subject to the provisions of the Administrative Procedure Act. Repeals the requirement that the Administrator determine and pay fees to agents or attorneys in allowed claims for monetary benefits.
United States · United States Congress · 18 January 1977
Directs the Administrator of Veterans' Affairs to pay a pension to each veteran who served in the active military, naval, or air service at any time during World War I and who is not eligible for a non-service connected disability pension. Directs the Administrator to pay medical services costs required outside Veterans' Administration facilities if travel to such facilities would be a burden for the veteran. Provides for survivor pensions for the widows of such veterans.
United States · United States Congress · 18 January 1977
Title I: Meat and Meat Products - Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to require meat imports to be labeled as imports and to be subjected to tests regarding substances or levels of substances prohibited in any domestically produced animal. Title II: Dairy Products - Prohibits the importation of dairy products unless the Secretary of Health, Education, and Welfare certifies that such imports originated from pure and wholesome supplies and were manufactured in plants which comply with certain minimum standards of sanitation. Makes such products subject to the Federal Food, Drug, and Cosmetic Act after entry into the United States. Permits assessments and fees to be prescribed for such tests and inspections and the revocation of import privileges for failure to pay such fees.
United States · United States Congress · 18 January 1977
Directs the Secretary of Agriculture to pay an amount determined by a certain formula to any producer who is prevented in the 1978 or any subsequent crop year from planting any portion of the farm acreage allotted to a specified commodity (wheat, feed grains, cotton or soybeans), or who can harvest in such year no more than two-thirds of the farm acreage allotment for a specified commodity, because of drought, flood or other natural disaster or condition beyond the control of the producer.
United States · United States Congress · 18 January 1977
Amends the Foreign Assistance Act of 1961 to terminate the embargo against trade between the United States and Cuba with respect to medical supplies, food, and agricultural commodities.
United States · United States Congress · 18 January 1977
Reduces the rate of interest on emergency agricultural loans under the Consolidated Farm and Rural Development Act from five to one percent annually on the portion of a loan equal to the amount of the actual disaster loss, or $50,000, whichever is less. Sets the interest rate on any amount of a loan in excess of the actual disaster loss or in excess of $50,000 at five percent annually. Prohibits credit tests on any amount of a loan up to an amount equal to the actual disaster loss or $50,000; and limits, with a general exception, any loan made or insured under this Act to the amount of the actual disaster loss or $50,000, whichever is less. Increases the loan term to 20 years.
United States · United States Congress · 18 January 1977
Beverage Container Reuse and Recycling Act - Prohibits the sale of carbonated beverages in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the amount of the affixed refund value for brands of beverages bought and sold by such retailers or distributors. Prohibits States from imposing any tax on the collection or return of refund values established by this Act. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Imposes penalties of up to $1,000 and/or 60 days imprisonment for violation of the provisions of this Act. Directs the Administrator of the Environmental Protection Agency to monitor the rate of reuse and recycling as a result of this Act. Stipulates that the labeling of refund values shall be required within three years of the date of enactment of this Act. Stipulates that the prohibition on detachable metal openings shall take effect one year after the date of enactment of this Act.
United States · United States Congress · 14 January 1977
Public Participation in Federal Agency Proceedings Act - Entitles any person to recover reasonable attorneys' fees and other costs of participation incurred by such person in any Federal agency proceeding if the participation of such person promotes or can reasonably be expected to promote a full and fair determination of the issues involved in the proceeding and the economic interest of such person in the outcome is small compared to the costs of participation in such proceeding, or such person does not have sufficient resources to participate effectively in such proceeding in the absence of an award under this Act. Requires each agency, whenever practicable, to determine, prior to the commencement of any proceeding, the eligibility of a person for an award under this Act and the amount of such award. Requires payment of such an award, where necessary, prior to the conclusion of such proceeding but in no event later than 90 days after the conclusion of such proceeding. Directs the head of each agency to report annually to Congress with respect to awards made under this Act. Entitles any person who is a party to, or intervenor in, any civil suit or proceeding for judicial review of agency action to costs incurred by such person in litigation if such person is afforded the relief sought in substantial measure, the court determines that such action served an important public purpose, the economic interest of such person in the outcome of such action is small compared with the cost of litigation, and the person does not have sufficient resources to participate effectively in such action absent an an award under this Act. Directs the Administrative Office of the United States Courts to report annually to Congress with respect to awards granted by courts of the United States under this Act. Authorizes to be appropriated for agency awards under this Act, $10,000,000 each year for fiscal years 1978, 1979, and 1980. Authorizes to be appropriated for judicial awards under this Act such sums as may be necessary. (Adds 5 USC 558a; 707)
United States · United States Congress · 14 January 1977
Rural Energy Office Act - Establishes within the Department of Agriculture an Office of Rural Energy Assessment and Development whose Director shall be appointed by the Secretary of Agriculture. Makes such Office responsible for identifying, developing, and compiling data pertaining to fuel and other energy needs of persons residing in rural areas. Directs the Office to submit semi-annual reports to Congress containing an accounting of the findings and conclusions of the Office with respect to the following subject matter as it relates to the needs of persons in rural areas: (1) the heating and cooling of residential dwelling units; (2) transportation; (3) the production of agricultural commodities; (4) the energy needs of business and industries; (5) sources of electricity; (6) conservation of energy; and (7) energy research and development. Directs the Office to provide such reports to specified committees of Congress and directs such committees to cooperate in publishing making available to the public every six months a document containing the most recent information provided by the Office. Imposes a civil fine to be assessed against the Director of such Office if the Director fails to submit such reports by the dates specified in this Act. Requires regulations of the Federal Energy Administration, the Energy Research and Development Administration, the Federal Highway Commission, and the Federal Power Commission to be submitted to the Secretary of Agriculture for review where concerning a rural energy matter. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act. Terminates the Office and provisions of this Act in five years.
United States · United States Congress · 14 January 1977
Amends the Soil Conservation and Domestic Allotment Act to revise policy directives for Federal financial assistance to agricultural producers under such Act. Requires that eligibility criteria for the receipt of such assistance take into consideration: (1) the need to control erosion and sedimentation; (2) national environmental policy priorities; (3) encouragement of voluntary compliance to solve nonpoint source pollution problems; (4) conservation measures likely to provide a return in the form of increased production or increased land values; and (5) contribution to the national objective of adequate food and fiber for maintenance of a strong and healthy people and economy. Stipulates that funds appropriated for such purposes may not be utilized to assist drainage on officially-designated wetlands areas. Stipulates that payments shall be allotted to landlords, tenants, and sharecroppers in proportion to the contribution of each group to the cost of conservation and environmental enhancement measures. Repeals: (1) the use of surplus appropriations to expand domestic and foreign markets; (2) permission to use regional associations of producers in lieu of State, county and local committees in the administration of naval stores conservation programs; (3) the $500,000,000 maximum limit on obligations for various soil and water conservation programs for any calendar year; and (4) the provision for making agreements with retiring farmers for the conversion of their farmland to conservation uses. Transfers the administration of various soil and water conservation programs from the Production and Marketing Administration to the Agricultural Stabilization and Conservation Service.
United States · United States Congress · 14 January 1977
Eliminates the provision in the Veterans' Assistance and Employment Act of 1976 which prohibits colleges and universities from receiving Veterans' Administration educational benefits for classes in which more than 85 percent of the enrollment is composed of students having their fees paid either by the Federal Government or the institutions themselves.
United States · United States Congress · 14 January 1977
Extends the American Indian Policy Review Commission's deadline for submitting its final report from six to nine months after the reports of its investigating task forces. Postpones the Commission's termination from six to nine months after its final report is submitted. Increases the authorized appropriations for the Commission by $100,000, up to $2,600,000.
United States · United States Congress · 11 January 1977
Amends the United Nations Participation Act of 1945 to permit enforcement of any executive order restricting the importation of Rhodesian chrome, pursuant to any United Nations Security Council resolution. Requires that steel mill products containing chromium may not be imported while such executive order is in effect without filing a certificate of origin with the Secretary of the Treasury unless such shipment is released by the Secretary. Authorizes the Secretary to prescribe regulations to carry out this provision.
United States · United States Congress · 11 January 1977
Establishes within the judicial branch a United States Commission on Sentencing to, among other functions, promulgate and distribute suggested sentencing ranges and guidelines for Federal courts. Specifies factors to be considered by a sentencing court in imposing a term of imprisonment, a fine, or a term of probation, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence to adequately deter criminal conduct; (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently; and (4) any guidelines established by the commission. Requires a court in every case in which it imposes a term of imprisonment to make as part of the record and to disclose in open court to the defendant at time of sentencing a statement of the reasons for the sentence imposed. Provides that in any case in which a sentence has been imposed, with the exception of certain cases involving plea agreements, a petition for review of such sentence may be filed with a United States court of appeals by (1) the United States if the sentence includes a fine or term of imprisonment less than the minimum established by law or the minimum established by the sentencing guidelines of the Commission, or (2) the defendant if the sentence includes a fine or term of imprisonment more than the maximum established by law or the maximum established by the sentencing guidelines. Directs the court of appeals to overturn the sentence if it finds that (1) the Commissions guidelines were properly applied but that the sentence imposed outside the guidelines was otherwise clearly unreasonable, or (2) that the sentence imposed was within the guidelines but was otherwise clearly erroneous.
United States · United States Congress · 11 January 1977
Directs the Secretary of the Interior to acquire on behalf of the United States the house and lot in Adams, Massachusetts, where Susan B. Anthony was born. Provides that the Secretary, acting through the National Park Service, shall administer such premises as a national historic site.
United States · United States Congress · 11 January 1977
Comprehensive Youth Employment Act - Title I: Youth Employment and Community Service Programs - Amends the Comprehensive Employment and Training Act of 1973 to establish a Youth Community Service program whereby prime sponsors under such Act are to provide financial assistance to eligible applicants for the purpose of providing Youth Community Service employment to youths in jobs required to carry out approved community service projects. Directs each prime sponsor to provide financial assistance to eligible applicants for the establishment of youth opportunity in private enterprise and youth occupational information and career guidance programs. Directs the Secretary of Labor to make payments to prime sponsors in order to make financial assistance available to local education agencies for the purpose of providing youths in secondary schools with job experience. Authorizes the Secretary to establish a National Occupational Information and Career Guidance Service in the Department of Labor to undertake estimates of present and future occupational needs, to compile data on the numbers of people engaged in education and training, to assist States in the preparation of individual State and area projections of occupational outlook, and to serve as the informational and statistical base required for matching career preparation with future career prospects. Authorizes the Secretary to (1) make grants to public agencies, colleges, and nonprofit private organizations for the purpose of training and retraining job counseling and placement personnel and (2) carry out a program of demonstration and evaluation projects relative to job counseling, information, and placement programs for youths. Requires each prime sponsor to establish an Education-Work Committee in its planning council. States the duty of such committees to be to make recommendations with respect to the programs established under this title and to institute local career development plans. Title II: National Conservation Corps - National Conservation Corps Act - Directs the Secretary of Agriculture and the Secretary of the Interior to jointly establish a National Conservation Corps for the purpose of providing employment and training for youths in projects which reduce the inventory of conservation work or provide public benefits in connection with the conservation, protection, reforestation, regeneration, improvement, development, utilization, maintenance, or enjoyment of the natural resources of lands and waters under the ownership or control of the United States, any agency thereof, or of any State or any subdivision thereof. Authorizes the Secretaries to make grants to States and local governments to assist them in employing youths to carry out conservation projects on non-Federal public lands and waters. Title III: Jobs Corps - Amends the Comprehensive Employment and Training Act of 1973 to increase the amount authorized to be appropriated annually to the Job Corps.
United States · United States Congress · 11 January 1977
Amends Title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to decrease from 72 to 65 the age at which earnings limitations are no longer applicable.
United States · United States Congress · 11 January 1977
Endorses the President-elect's program of pardoning Vietnam-era draft resisters who have not been prosecuted under the Military Selective Service Act. Requests the President-elect to extend the program to grant amnesty to all Vietnam-era resisters convicted under such Act, and to each member and former member of the Armed Forces who during the Vietnam era deserted, whether or not he or she was tried and convicted by a court-martial, or was convicted by a court-martial for being absent without leave. Urges the President-elect to upgrade to honorable discharges all general and undesirable discharges issued to former members of the Armed Forces who served during the Vietnam era, and to review on a case-by-case basis every bad conduct and dishonorable discharge to determine whether such discharge should be upgraded.
United States · United States Congress · 10 January 1977
Postal Reorganization Act Amendments - Requires that all revenues and fees collected by the Postal Service be deposited in the general fund of the United States Treasury. Authorizes appropriations to the Postal Service for its operation and requires that such sums be deposited in the Postal Service Fund. Requires the Postal Service to present specified budgetary and financial information to the appropriate Congressional committees when requesting appropriations. Reclassifies income as revenue for purposes of the Act. Sets limitations on the amounts and purposes for which obligations may be issued by the Postal Service. Places the United States Postal Service within the executive branch of the Government. Abolishes the Board of Governors. Makes the Postmaster General the head of the Postal Service, and requires that such individual and the Deputy Postmaster General be appointed by the President and confirmed by the Senate. Sets forth the staff structure for Assistant Postmasters General and judicial officers. Gives the Postmaster General power to delegate authority to other Postal Service employees. Requires the Postmaster General to transmit an annual report to the President and Congress. Sets forth the duties and powers of the Postal Rate Commission, and procedures for appellate review of decisions.
United States · United States Congress · 10 January 1977
Requires the following persons to file annual financial disclosure statements with the Comptroller General: (1) the President; (2) the Vice President; (3) Members of Congress; (4) civil or military officers of the Executive Branch; (5) Federal judges and justices; (6) Federal employees and officials earning more than $25,000 per year; and (7) candidates in a general election for Federal office. Specifies information which such statement must contain including: (1) the amount and source of each item of income, and each gift or aggregate of gifts from one source (other than gifts received from a member of his immediate family) received by him or by him and his spouse jointly during the preceding calendar year which exceeds $100 in amount or value; including any fee or other honorarium and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind; (2) the value of each asset which is in excess of $1,000 held by him or by him and his spouse jointly; and (3) all dealings in securities or commodities which are in excess of $1,000 by him or by him and his spouse jointly. Requires the Comptroller General to make such statements available for public inspection. Requires that all written communications and memorandums of all oral communications made to a Federal agency concerning a case before such agency by any person not affiliated with such agency be made part of the public record of such case.
United States · United States Congress · 10 January 1977
Amends Title XI (General Provisions) of the Social Security Act to require that psychologists be included in any Professional Standards Review Organization appointed under such title.
United States · United States Congress · 10 January 1977
Drought Assistance Amendment - Title I: Amendments to the Disaster Relief Act of 1974 - Declares the finding of Congress that droughts and other similar non-cataclysmic disasters require Federal assistance. Requires the President to appoint a Federal coordinator to operate in an area declared a drought emergency area. Permits Federal agencies to provide assistance to drought emergency areas by performing any emergency service essential to save lives and property, including: (1) conservation practices; (2) water supply investigations; (3) education training in conservation techniques for farmers and other affected persons; (4) provisions for water needs and the movement of supplies or persons; (5) the establishment of comprehensive employment and/or manpower training programs; and (6) contributions to State or local governments to carry out the provisions of this Act. Directs that where Federal funds for assistance activities may go by contract to private organizations or firms, preference be given to such organizations or firms in the drought emergency area. Authorizes the President to make grants to States for the purpose of State grants to individuals or families adversely affected by a drought emergency to meet necessary expenses; and to make temporary mortgage or rental payments on behalf of individuals or families who have received written notice of foreclosure on land or equipment as a result of financial hardship caused by drought. Provides for loans to local governments losing revenues as a result of a drought emergency. Title II: Amendments to the Public Works and Economic Development Act of 1965 - Extends to drought emergency areas assistance for economic recovery following the period of emergency aid and replacement of essential facilities and services. Extends coverage of federally-guaranteed loans to the purchase of land and facilities for farming usage. Title III: Miscellaneous Provisions - Makes areas suffering an emergency of any sort eligible for Federal assistance for current school expenditures. Extends eligibility for small business loans under the Small Business Act to businesses in drought emergency areas and limits the interest rate on the Small Business Administrator's share of the loan to one percent annually.
United States · United States Congress · 10 January 1977
Full Employment and Balanced Growth Act - Title I: Establishment of Goals, Planning, and General Economic Policies - Amends the Employment Act of 1946 to declare that all adult Americans able, willing, and seeking work have the right to useful paid employment at fair rates of compensation. States that, in moving toward the goal of full employment, it shall be an objective to maintain trends in the ratio of private employment to civilian public employment and that the first priority is to expand conventional private jobs through policies made available under this Act. Directs the President in each annual Economic Report to recommend numerical goals for employment, production, and purchasing power, as well as policies to support these goals and achieve balanced growth and full employment. Requires the preparation of a Full Employment and Balanced Growth Plan, prepared with the assistance of Economic Advisers and in consultation with the Office of Management and Budget. Requires that such plan set forth foreseeable social and economic goals; provide estimates of unmet social and economic needs; identify available and needed resources; and contain long-term economic goals including: (1) full employment goals set at the number of jobs to be provided in order to reduce unemployment to the minimum level of functional unemployment consistent with efficient job search and labor mobility, (2) full production goals set at levels of output estimated to be yielded by achievement of full employment goals, and (3) full purchasing power goals set at levels estimated to be necessary for attaining and maintaining full employment and production while contributing to an equitable distribution of purchasing power. States that in achieving such goals the President shall include the objective of holding the annual rate of price increases to levels consistent with reasonable price stability. Requires the full employment goal to be consistent with an adult unemployment rate not in excess of three percent. Requires that the plan propose priority policies and programs to support full employment and balanced growth and enumerates sectors of the economy to be included in such policies and programs. Directs the President to submit proposals improving the efficiency and economy of the Federal Government. Requires the Presidents' Budget and Economic Report to set forth the level and composition of Federal expenditures, tax policy, and monetary policy consistent with and in promotion of the goals and policies contained in this Act. Directs the Federal Reserve Board to report to the President and Congress, identifying the extent to which the Federal Reserve will support the economic goals recommended by the President. Stipulates that each Economic Report contain a comprehensive set of anti-inflation policies to supplement monetary and fiscal policy. Establishes an Advisory Committee on Full Employment and Balanced Growth to advise and assist the Council of Economic Advisers. Directs the Council of Economic Advisers to prepare the Full Employment and Balanced Growth Plan and to consult with the Advisory Committee. Title II: Countercyclical, Structural, and Youth Employment Policies - Directs the President to transmit to Congress within 90 days after the enactment of this Act a proposal, together with necessary legislation, establishing permanent supplementary employment policies and programs required to reduce high unemployment arising from cyclical movements in the economy. Specifies types of programs which should be considered by the President in establishing component parts of such proposal and the means to be utilized in coordinating them. Requires the President to transmit to Congress within such period legislation creating a permanent grant program related to the stabilization and needed growth of State and local budgets. Directs the President to transmit to Congress within 180 days after the enactment of this Act (1) a comprehensive regional and structural employment proposal designed to reduce chronic underutilization of human and capital resources in certain areas of the country and in groups within the labor force, and (2) legislation providing institutional means to encourage public and private investment in areas with substantial unemployment and to provide an alternative source of capital funds for local and State governments to finance public facilities. Directs the President to transmit to Congress legislation creating a comprehensive youth employment program which utilizes existing resources and facilities and provides additional employment programs. Directs the President to provide job opportunities through reservoirs of federally operated public employment projects and approved private nonprofit employment projects to the extent that willing, able adults are not otherwise provided job opportunities. Establishes, within the Department of Labor, a Full Employment Office to assist in creating such employment opportunities. Directs the President to transmit to Congress a proposal, together with such legislation as is necessary, on how the income maintenance and employment policies can be integrated to insure that employment is substituted for income maintenance to the maximum extent feasible. Title III: Policies and Procedures for Congressional Review - Requires the Joint Economic Committee to carry out overall review of executive branch policies under this Act. Requires the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives to review the fiscal policy, economy in government policies, and Federal budget priorities recommended by the President. Requires the Joint Economic Committee to review and make recommendations to Congress on annual numerical goals for employment, production, and purchasing power proposed by the President. Provides for Congressional review of the Full Employment and Balanced Growth Plan, including reports to the Joint Economic Committee from the standing committees of Congress on matters that relate to the plan, public hearings before the Joint Economic Committee, and consideration of State and local views on the plan. Establishes a Division of Full Employment and Balanced Growth within the Congressional Budget Office to assist the Joint Economic Committee in the discharge of its duties under this Act. Provides that the provisions of this title, with specified exceptions, be incorporated into the rules of the House of Representatives and Senate, respectively. Title IV: General Provisions - Makes general provisions with respect to nondiscrimination, labor standards, and authorizations of appropriations.
United States · United States Congress · 10 January 1977
Directs the President to appoint, by and with the advice and consent of the Senate, additional district court judges to specified judicial districts of the United States.
United States · United States Congress · 10 January 1977
Constitutional Amendment - Provides that the people of the several States, and the District of Columbia, shall elect the President and Vice President. Requires each elector to cast a single vote for two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President. Requires the electors of President and Vice President in each State to have the qualifications requisite for electors of the most numerous branch of the State legislature, except that for electors of President and Vice President, the legislature of any State may prescribe less restrictive residence qualifications and for electors of President and Vice President the Congress may establish uniform residence qualifications. Provides that the pair of persons having the greatest number of votes for President and Vice President shall be elected, if such number be at least 40 percent of the whole number of votes cast for such offices. Provides that if no pair of persons has such number, a runoff election shall be held in which the choice of President and Vice President shall be made from the two pairs of persons who received the highest numbers of votes. Requires the days for such elections to be determined by Congress and to be uniform throughout the United States. Requires Congress to prescribe by law the time, place, and manner in which the results for such elections shall be ascertained and declared. Allows Congress to provide for the case of the death, inability, or withdrawal of any candidate for President or Vice President before a President and Vice President have been elected, and for the case of the death of both the President-elect and Vice President-elect.
United States · United States Congress · 10 January 1977
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 the establishment of a nationwide program to prevent 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: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury of the United States. Stipulates that $.35 per ton of coal from the royalties on Federal coal produced by surface mining and $.15 per ton of coal from royalties on Federal coal produced by underground mining shall be deposited into the Fund. 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. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title IV: 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) minimization of 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 affected 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. Requires 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 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 mining operations 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. Title V: 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 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 each of the next two fiscal years; and (2) for administrative and other purposes, $10,000,000 for fiscal year 1978, $20,000,000 for fiscal years 1979 and 1980, and $30,000,000 for each fiscal year thereafter.
United States · United States Congress · 10 January 1977
Authorizes the Secretary of Labor, under the Occupational Safety and Health Act, to make visits to the work place of any employer, upon the request of the employer, to consult with and advise the employer concerning the obligations of the employer under such Act. Directs the Secretary to give priority to small business and hazardous workplaces. Stipulates that no consultative visit made under this Act may serve as an inspection or investigation as otherwise provided for by the Occupational Safety and Health Act, except: (1) in the case of an employer who fails to eliminate a danger disclosed during such a visit: or (2) if conditions are found during such a visit which indicate the probability that death or serious harm could result to employees therefrom, the Secretary may notify the employer of such conditions and afford him a reasonable time to eliminate such conditions. Prohibits the transmission of information obtained during a consultative visit to representatives of the Secretary engaged in enforcement. Directs the Secretary to establish education programs to inform employers and employees of the hazards in particular industries. Authorizes the appropriation of funds through fiscal year 1978 for the purposes of this Act.
United States · United States Congress · 10 January 1977
Amends Title XVIII (Medicare) of the Social Security Act to authorize payment for specified services performed by chiropractors, including x-rays and physical examinations, and related routine laboratory tests.
United States · United States Congress · 10 January 1977
Civil Rights Improvements Act - Declares the right to enjoy one's reputation as a right secured by the due process clause of the fourteenth amendment for purposes of provisions authorizing civil suits against persons depriving others under color of law of their constitutional and Federal statutory rights. Renders a State, unit of local government, or agency thereof, liable for damages and subject to injunctions for acts of its agents which result in the deprivation of such rights if: (1) the official directly responsible for the employee who committed such violation either directed or encouraged the violation or failed to act to remedy a pervasive pattern of unconstitutional or unlawful conduct by the employee; or (2) the party seeking relief establishes that one or more government officers engaged in grossly negligent conduct in violation of his rights but cannot identify, or prove causation with regard to, any such officer. Renders a prosecuting officer of a State, municipality, or other unit of local government liable for damages or subject to an injunction for failure to disclose to the defendant in any criminal proceeding, upon the request of such defendant or his counsel, all material evidence which such officer knows or reasonably should know is exculpatory to the defendant. Prohibits a Federal court from refusing to proceed in a civil action for the deprivation of civil rights by persons acting under color of law on the ground that either: (1) the action contains an undecided issue of State law the resolution of which could make unnecessary a decision on the Federal issues; or (2) the plaintiff has failed to exhaust State remedies. Prohibits, except under extraordinary circumstances, a Federal court from proceeding in a civil action for the deprivation of civil rights by a person acting under color of law if there is pending in a State or local court a criminal action against the plaintiff based on the same facts. Authorizes the Federal court to enjoin such a criminal action if such a civil action is pending at the time of its institution. Prohibits a Federal court from refusing to hear a civil action for the deprivation of constitutional or Federal statutory rights by persons acting under color of law or res judicata or collateral estoppel grounds based upon State or local proceedings, but limits relief which a Federal court may grant under such circumstances.
United States · United States Congress · 10 January 1977
Health Security Act - Title I: Health Security Benefits - Makes every resident of the U.S. (and every non-resident citizen when in the U.S.) eligible for covered services. Permits reciprocal and "buy-in" agreements for groups or non- resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Extends coverage to all necessary professional services of physicians, wherever furnished. Extends coverage to: (1) comprehensive dental services (exclusive of most orthodontic services) for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered; (2) inpatient and outpatient hospital services and services of a home health agency; and (3) pathology and radiology services as parts of institutional services. Limits payment for skilled nursing home care. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Extends coverage to two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals or to enrollees of comprehensive health service organizations; and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Lists approved medicines available for use in institutions and by comprehensive health service organizations and those available for use outside such organized settings. Declares that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Extends coverage to professional services of optometrists and podiatrists, subject to regulations, and diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. Excludes from coverage: (1) health services furnished or paid for under a workmen's compensation law; and (2) services of a professional practitioner if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Allows eligible professional practitioners to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to existing State standards. Establishes conditions of participation for general hospitals. Makes psychiatric hospitals eligible to participate only if the Board finds that the hospital is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Allows the following to participate as providers of health services under this Act: (1) a health maintenance organization which undertakes to provide an enrolled population either with complete health care or, at least, with complete health security services (other than institutional services, mental health or dental services) for the maintenance of health and the care of ambulatory patients; (2) a foundation sponsored by a county or other local medical society; and (3) community health centers or the like which, though furnishing services as comprehensive as are required by this Act, do not serve an enrolled or otherwise predetermined population and may not meet other requirements of this Act. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under the Health Security Program. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of medical services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans' Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when acting as an employee. Allows reimbursement for any services furnished by such institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Directs that three separate accounts be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Allocates the Health Services account among the regions of the country. Stipulates that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Directs the Board to divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, appliances, equipment; and miscellaneous services. Stipulates that payments for covered services provided to eligible persons by participating providers shall be made from the Health Service Account in the Trust Fund. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Stipulates that skilled nursing homes and home health agencies shall be paid in the same manner as a general hospital (on an approved annual budget basis). Stipulates that a health organization shall be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Requires that the members be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Advisory Council to advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, and reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services and the administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Authorizes the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. Stipulates that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent. Adds a new one percent Health Security tax on earned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act; and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commission shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Requires that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of the Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan natives and also veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 10 January 1977
Amends the Internal Revenue Code to limit the application of the Tax Reform Act's elimination of the sick pay exclusion for persons who have not retired on total disability, to taxable years beginning after December 31, 1976.
![Official portrait of Sen. Abourezk, James [D-SD]](https://www.congress.gov/img/member/a000017_200.jpg)