State and Local Fiscal Assistance Amendments of 1976

(House receded and concurred in certain Senate amendment with amendment, roll call #849 (292-111))

State and Local Fiscal Assistance Amendments - Allows the use of funds paid to State and local governments, under the State and Local Fiscal Assistance Act of 1972, for nonpriority expenditures and for projects for which the Federal Government will provide additional matching funds.

Authorizes appropriations to the National Trust Fund under such Act as follows: (1) for the period January 1, 1977, through September 30, 1980, $6,650,000,000 times a fraction determined by Federal tax receipts collected; and (2) for the period January 1, 1977 through September 30, 1980, for noncontiguous States adjustment amounts, $4,780,000 times a fraction determined by Federal tax receipts collected.

Revises the maintenance of effort requirements by comparing two-year average of transfers to a two-year moving average base period based on the State's fiscal year.

Provides that waived entitlements of Indian tribes and Alaskan native villages are to go to county governments.

Authorizes the Secretary of the Treasury to reserve up to 0.5 percent of each State area's entitlement to pay adjustment amounts in each entitlement period.

Requires each State and local government which receives funds under this Act to submit to the Secretary at the close of the recipient Government's fiscal period, a report which is to be available to the public for inspection, and which shows the amounts and purposes for which funds have been appropriated.

Requires that public hearings be held to give citizens the opportunity to comment on the possible uses of such payments before the forecast report is submitted to the Secretary. Requires that ten days before such public hearings are conducted, the proposed State budget of a State receiving revenue sharing payments must be published and explained to the public. Requires that 30 days after the State budget of such State is adopted it be published with an explanation of it.

Prohibits discrimination on the basis of age, race, color, national origin, religion, or sex under any program or activity of a State government or unit of local government which receives revenue sharing funds unless such government demonstrates by clear and convincing evidence that the program or activity with respect to which an allegation of discrimination is made is not funded in whole or in part with revenue sharing funds.

States that if the Secretary determines that discrimination prohibited by this Act exists with respect to the use of revenue sharing funds or if a State court, Federal court, or Federal or State administrative agency so finds, the Secretary must notify the affected State and give such State an opportunity to comply with Act. States that if 40 days after such notice the Secretary finds that compliance has not been secured and an administrative law judge has not determined that the State will prevail on the merits of its case, the Secretary must suspend revenue sharing payments to the violating unit of government.

Grants authority to the Attorney General to bring civil actions seeking as relief any temporary restraining order, preliminary or permanent injunction, or other order.

Directs the Secretary to endeavor to enter into agreements with State agencies and with other Federal agencies to investigate allegations of noncompliance with the nondiscrimination provisions of this Act.

Grants standing to private citizens to institute civil actions in an appropriate United States district court, or State court against a State government or unit of local government or officer or employee thereof who has or is engaging in discriminatory acts or practices prohibited by this Act. Allows a court to order reasonable attorney fees to the prevailing party.

Requires recipients of revenue sharing funds to conduct regular audits of revenue sharing expenditures as required by the Secretary. Requries the Comptroller General to review the work of the Secretary with respect to such audits.

Revises the definition of the term "unit of local government.

Directs the Advisory Commission on Intergovernmental Relations to study and evaluate the American Federal fiscal system in terms of the allocation of public resources among Federal, State, and local governments.

Prohibits any State and local government recipient from using any part of its allocation of funds for lobbying activities.