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 PUBLIC LAW 94-233—MAR. 15, 1976 SEC. 11. Section 5041 of title 18, United States Code, is amended to read as follows: "§5041. Parole "A juvenile delinquent who has been committed may be released on parole at any time under such conditions and regulations as the United State Parole Commission deems proper in accordance with the provisions in section 4206 of this title.". SEC. 12. Whenever in any of the laws of the United States or the District of Columbia the term "United States Parole Board", or any other term referring thereto, is used, such term or terms, on and after the date of the effective date of this Act, shall be deemed to refer to the United States Parole Commission as established by the amendments made by this Act. SEC. 13. Section 5108(c)(7) of title 5, United States Code, is amended to read as follows: "(7) the Attorney General, without regard to any other provision of this section, may place a total of ten positions of warden in the Bureau of Prisons in GS-16;". SEC. 14. Section 3655 of title 18, United States Code, relating to duties of probation officers, is amended by striking out "Attorney General" in the last sentence and inserting in lieu thereof "United States Parole Commission". SEC. 15. There is hereby authorized to be appropriated such sums as are necessary to carry out the purposes of the amendments made by this Act. SEC. 16. (a) There are hereby transferred to the Chairman of the United States Parole Commission, all personnel, liabilities, contracts, property and records as are employed, held, used, arising from, available or to be made available of the United States Board of Parole with respect to all functions, powers, and duties transferred by this Act to the United States Parole Commission. (b) This Act shall take effect sixty days after the date of enactment, except that the provisions of section 4208(h) of this Act shall take effect one hundred twenty days after the date of enactment. (c) Each person holding office as a member of the United States Board of Parole on the day before the effective date of the Parole Commission and Keor^anization Act shall be a Commissioner whose term as such shall expire on the date of the expiration of the term for which such person was appointed as a member of the Board of Parole. (d) For the purpose of section 4202 of title 18, United States Code, service by an individual as a member of the United States Board of Parole shall not constitute service as a Commissioner. Approved March 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-184 (Comm. on the Judiciary) and No. 94-838 (Comm. of eonference). SENATE REPORTS: No. 94-369 (Comm. on the Judiciary) and No. 94-648 (Comm. of eonference). CONGRESSIONAL RECORD: Vol. 121 (1975): May 2 1, considered and passed House. Sept. 16, considered and passed Senate, amended. VoL 122 (1976): Mar. 2, Senate agreed to conference report. Mar. 3, House agreed to conference report.

90 STAT. 233

Ante, p. 223. 18 USC 4202 note.

5 USC 5332 note.

Appropriation authorization. Transfer of personnel and property. 18 USC 4202 note. Effective date. 18 USC 4201 note. 18 USC 4202 note.

18 USC 4202 note.

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 90 STAT. 234

PUBLIC LAW 94-234—MAR. 17, 1976

Public Law 94-234 94th Congress An Act Mar. 17. 1976 [H.R. 8508]

Camden, Ark. Airport property restrictions, release.

49 USC 1716.

To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the city of Camden, Arkansas, for airport purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal Airport Act (as in effect on August 5, 1954), the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622c), and the provisions of section 2 of this Act, to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated August 5, 1954, under which the United States conveyed certain property to the city of Camden, Arkansas, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of Camden, Arkansas, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated August 5, 1954 the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved March 17, 1976.

 * J*H

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-830 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. . " '; YJ'.I • Mar. 5, considered and passed Senate.

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 PUBLIC LAW 94-235—MAR. 17, 1976

90 STAT. 235

Public Law 94-235 94th Congress An Act To establish the Chickasaw National Recreation Area in the State of Oklahoma, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to pi-ovide for public outdoor recreation use and enjoyment of Arbuckle Keservoir and land adjacent thereto, and to provide for more efficient administration of other adjacent area containing scenic, scientific, natural, and historic values contributing to public enjoyment of the area and to designate the area in such manner as will constitute a fitting memorialization of the Chickasaw Indian Nation, there is hereby established the Chickasaw National Recreation Area (hereinafter referred to as the '"recreation area"') consisting of lands and interests in lands within the area as generally depicted on the d r a w i n g entitled " B o u n d a r y Map, Chickasaw National Recreation Area," numbered lT-204-A and dated February 1974, which shall be on file and available for inspection in the offices of the National P a r k Service, Department of the Interior, The Secretary of the Interior (hereinafter r-ererred to as the "Secretary") may from time to time revise the boundaries of the recreation area by publication of a m a p or other boundary descripLion in the Federal Register, but the total acreage of the recreation area may not exceed ten thousand acres. Sicc. 2. (a) The Secretary may acquire land or interests in lands within the boundaries of the recreation area by donation, purchase with donated or- appropriated funds, or exchange. When any tract of land is only partly within such boitndaries, the Secretary may acquire all or any portiorr of the land outside of such boundaries in order to mininrize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries, and any land so acquired and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended. Any Federal property located within the boundaries of the recreation area uiay be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the recreation ar-ea. L and s within the boundaries of the recreation area owned by the State of Oklahoma, or any political subdivision thereof, may be acquired only by donation: Provided, That the Secretary may also acquire lands by exchange with the city of Sulphur, utilizing therefor only such lands as may be excluded from the recreation area which were formerly within the P i a t t National Par-k. (b) W i t h respect to impr-oved r-esidential property acquir-ed for the purposes of this Act, which is beneficially owned by a natural person and which the Secretary determines can be contiriued in that use for- a limited period of time without undue interference with the administration, development, or public use of the recreation area, the owner thereof may on the date of its acquisition by the Secretary retain a right of use and occupancy of the property for noncommercial residential purposes for a term, as the owner may elect, ending either (1) at the death of the owner or his spouse, whichever

Mar. 17, 1976 [H.R. 4979] Chickasaw National Recreation Area, Okla. Establishment. 16 USC 460hh.

Publication in Federal Register.

Land acquisition. 16 USC 460hh-l.

40 USC 471 note.

Residential property.

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 90 STAT. 236

"Improved residential property."

Hunting and fishing.

16 USC 460hh-2.

Administration.

16 USC 460hh-3.

Repeal. 16 USC 460hh-4.

Publication in Federal Register. 16 USC 460hh-5.

PUBLIC LAW 94-235—MAR. 17, 1976 occurs later, or (2^ not more than twenty-five j^ears from the date of acquisition. Any right so retained may, during its existence, be transferred or assigned. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. (c) As used in this Act, "improved residential property" means a single-family year-round dwelling, the construction of which began before March 1, 1975, and which serves as the owner's permanent place of abode at the time of its acquisition by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located that the Secretary finds is reasonably necessary for the owner's continued use and occupancy of the dwelling: Provided, That the Secretary may exclude from improved residential property any waters and adjoining land that the Secretary deems is necessary for public access to such waters. (d) The Secretary may terminate a right to use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of the Act, and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. SEC. 3. The Secretary shall permit hunting and fishing on lands and waters within the recreation area in accordance with applicable Federal and State laws: Provided, That he may designate zones where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. SEC. 4. (a) Except as otherwise provided in this Act, the Secretary shall administer the recreation area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented. (b) Nothing contained in this Act shall affect or interfere with the authority of the Secretary by the Act of August 24, 1962 (76 Stat. 395), to operate the Arbuckle Dam and Reservoir in accordance with and for the purposes set forth in that Act. SEC. 5. The Act of June 29, 1906 (34 Stat. 837), which directed that certain lands now included by this Act in the recreation area be designated as the Piatt National Park, is hereby repealed, and such lands shall hereafter be considered and known as an integral part of the Chickasaw National Recreation Area: Provided, That within such area the Secretary may cause to be erected suitable markers or plaques to honor the memory of Orville Hitchcock Piatt and to commemorate the original establishment of Piatt National Park. SEC. 6. Notwithstanding the provisions of section 7 of the Act of June 16, 1906 (34 Stat. 272), which retain exclusive jurisdiction in the United States, upon notification in writing to the Secretary by the appropriate State officials of the acceptance by the State of Oklahoma of concurrent legislative jurisdiction over the lands formerly within the Piatt National Park, the Secretary shall publish a notice to that effect in the Federal Register and, upon such publication, concurrent legislative jurisdiction over such lands is hereby ceded to the State of Oklahoma: Provided, That such cession of jurisdiction shall not occur until a written agreement has been reached between the State of Oklahoma and the Secretary providing for the exercise of concurrent

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 PUBLIC LAW 94^235—MAR. 17, 1976

90 STAT. 237

jurisdiction over all other lands and waters within the Chickasaw National Recreation Area. SEC. 7. There are hereby authorized to be appropriated such sums Appropriation as may be necessary to carry out the purposes of this Act, but not to authorization, exceed $1,600,000 for the acquisition of lands and interests in lands, 1^ USC 460hh-6. and $4,567,000 for development. Approved March 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-803 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-678 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 2, considered and passed House. Mar. 5, considered and passed Senate.

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 90 STAT. 238

PUBLIC LAW 94-236—MAR. 19, 1976

Public Law 94-236 94th Congress An Act Mar. 19, 1976 [H.R. 11700]

New York. Public employee retirement systems.

26 USC 401. 26 USC 503.

Relating to the application of certain provisions of the Internal Revenue Code of 1954 to specified transactions by certain public employee retirement systems created by the State of New Yorli or any of its political subdivisions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) any pension plan or trust which, on December 5, 1975, was a party to the amended and restated agreement of November 26, 1975, set forth on pages S21308, S21309, and S21310 of the Congressional Record published on such date, and any trust forming a part of such a plan, shall not be considered to fail to satisfy the requirements of section 401(a) of the Internal Revenue Code of 1954, and shall not be considered to have engaged in a prohibited transaction described in section 503(b) of such Code, merely because such plan or trust does any or all of the following: (1)(A) enters into such agreement or agrees to an amendment of such agreement; (B) forebears from any act prohibited by such agreement; (C) acquires or holds any obligation the acquisition or holding of which is provided for by such agreement; (D) makes any election provided for by such agreement; (E) executes a waiver of any requirement of such agreement; (F) after the expiration of such agreement, holds any obligation acquired or held pursuant to such agreement; or (G) performs any other act provided for by such agreement; (2) on or after August 20, 1975, and before January 1, 1979, considers, for purposes of determining investments to be made by the plan or trust, the extent to which such investments will— (A) maintain the ability of the city of New York— (i) to make future contributions to the plan or trust, and (ii) to satisfy its future obligations to pay pension and retirement benefits to members and beneficiaries of such plan or trust, and (B) protect the sources of funds to provide retirement benefits for members and beneficiaries of the plan or trust; or (3) after December 31, 1978, considers, for purposes of determining whether to retain investments held on December 31, 1978, the factors enumerated in paragraph (2). For purposes of paragraph (1), the acquisition or holding of any obligation of the Municipal Assistance Corporation for the city of New York on or after August 20, 1975, and before November 26, 1975, shall be considered an acquisition or holding provided for by such agreement. (b) In the case of— (1) any amendment to the agreement described in subsection (a) which relates to the application of the factors set forth in subsection (a) to the requirements of section 401(a) or 503(b) of the Internal Revenue Code of 1954 and which is adopted after December 5, 1975, and

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 PUBLIC LAW 94-236—MAR. 19, 1976 (2) any waiver of any requirement of the agreement by a plan or trust after December 5, 1975, such amendment or waiver shall take effect for purposes of subsection (a) on the date on which a copy of such amendment or waiver is submitted directly to the Secretary of the Treasury; except that, if the Secretary determines, not later than 30 days after such date of submission (or, if later, the date of the enactment of this Act) that the taking effect of such amendment or waiver for purposes of subsection (a) is inconsistent with the considerations set forth in subsection (a)(2), such amendment or waiver shall not be deemed to have been effective for any period for purposes of subsection (a). No amendment to the agreement which has the effect of extending the expiration date of the agreement to a date later than December 31, 1978, shall take effect for purposes of subsection (a). (c) The trustees of each pension plan or trust described in subsection (a) shall furnish a copy of the annual report filed by such plan or trust with the New York State Insurance Department for each fiscal year of the plan or trust beginning after June 30, 1975, and ending with the first fiscal year in which there are no obligations with respect to which subsection (a) applies, to the Secretary of the Treasury not later than 30 days after the date such report is filed with the New York State Insurance Department, and shall furnish such additional reports and other information as the Secretary of the Treasury may reasonably require. A copy of each such report shall be furnished by the Secretary of the TreasurY to the chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate. (d) The Secretary of the Treasury or his delegate is authorized to prescribe such regulations as may be necessary to carry out the purposes of this Act. (e) This Act shall be effective on and after August 20, 1975. Approved March 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-851 (Comm. on Ways and Means). CONGRESSIONAL RECORD, VoL 122 (1976): Mar. 1, considered and passed House. Mar. 4, considered and passed Senate.

3-194 o—78—Dt 1

1Q

90 STAT. 239 Waiver,

^

Report to Secretary of the Treasury,

Regulations, Effective date.

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 PUBLIC LAW 94-237—MAR. 19, 1976

90 STAT. 241

Public Law 94-237 94th Congress An Act To amend the Drug Abuse Office and Treatment Act of 1972, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 (21 U.S.C. 1101) of the Drug- Abuse Office and Treatment Act of 1972 (hereinafter in this Act referred to as the "Act'') is amended by adding at the end thereof the following new paragraph: "(10) Although the Congress observed a significant apparent reduction in the rate of increase of d r u g abuse during the threeyear period subsequent to the date of enactment of this Act, and in certain areas of the country apparent temporary reductions in its incidence, the increase and spread of heroin consumption since 1974, and the continuing abuse of other dangerous drugs, clearly indicate the need for effective, ongoing, and highly visible Federal leadership in the formation and execution of a comprehensive, coordinated d r u g abuse policy.". SEC. 2. Section 102 of the Act (21 U.S.C. 1102) is amended by striking "immediate objective of significantly reducing the incidence of d r u g abuse in the United States within the shortest possible period of time, and to develop" and inserting in lieu thereof "objective of significantly reducing the incidence, as well as the social and personal costs, of d r u g abuse in the United States, and to develop and assure the implementation of". SEC. 3. Section 108(b) of the Act (21 U.S.C. 110;5(b)) is amended by changing "education, training," to read "education or training (including preventive efforts directed to individuals who are not users of drugs and to individuals who are marginal users of d r u g s). ". SEC. 4. (a) Section 103 of the Act is amended by adding at the end thereof the following new subsection: " (d) The term ' d r u g abuse function' means any function described in subsection (b) or (c) of this section, or both.". (b) The Act is amended by inserting after title I the following new title: "TITLE II—OFFICE OF DRUG ABUSE

POLICY

"CHAPTER "1. GENERAL PROVISIONS "2. FUNCTIONS OF THE DIRECTOR.

"Chapter 1.—GENERAL PROVISIONS "Sec. "201. "202. "203. "204. "205. "206. "207. "208. "209. "210. "211.

Establishment of Office. Appointment of Director. Appointment of Deputy Director. Delegation. Officers and employees. Employment' of experts and consultants. Acceptance of uncompensated services. Notice relating to the control of dangerous drugs. Compensation of Director and Deputy Director. Statutory authority unaffected. Appropriations authorized.

Sec. 201 221

Mar. 19, 1976 [S. 2017]

Drug Abuse Office and Treatment Act of 1972, amendments.

21 USC 1103. "Drug abuse function."

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 90 STAT. 242

PUBLIC LAW 94-237—MAR. 19, 1976

''§ 201. Establishment of Office Office of Drug "There is established in the Executive Office of the President an Abuse Policy. office to be known as the Office of Drug Abuse Policy (hereinafter 21 USC 1111. in this Act referred to as the 'Office'). The establishment of the Office in the Executive Office of the President shall not be construed as affecting access by the Congress, or committees of either House, (1) to information, documents, and studies in the possession of, or conducted by, the Office or (2) to personnel of the Office. "§ 202. Appointment of Director 21 USC 1112. "The Office shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall not hold office in any other department or agency of the United States, whether on an acting basis or otherwise, except on such occasions as may be appropriate in connection with the performance of such duties as may be assigned to him pursuant to section 222. "§ 203. Appointment of Deputy Director "There shall be in the Office a Deputy Director who shall be 21 USC 1113. appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may assign or delegate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of Director. "§204. Delegation "Unless specifically prohibited by law, the Director may, without 21 USC 1114. being relieved of his responsibility, perform any of his functions or duties or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Office as he may designate. "§ 205. Officers and employees "(a) The Director may employ and prescribe the functions of such 21 USC 1115. officers and employees, including attorneys, as are necessary to perform the functions vested in him. At the discretion of the Director, any officer or employee of the Office may be allowed and paid travel expenses, including per diem in lieu of subsistence, in the same manner as is authorized by section 5703 of title 5, United States Code, for individuals employed intermittently. "(b) In addition to the number of positions which may be placed in grades GS-16, GS-17, and GS-18 under section 5108 of title 5, United States Code, and without prejudice to the placement of other positions in the Office in such grades under any authority other than this subsection, not to exceed four positions in the Office may be placed in grades GS-16, GS-17, and GS-18, but in accordance with the 5 USC 5101 et standards and procedures prescribed by chapter 51 of such title. seq. "§ 206. Employment of experts and consultants 21 USC 1116. "The Director may procure services as authorized by section 3109 of title 5, United States Code, and may pay a rate for such services not in excess of the rate in effect for grade GS-18 of the General 5 USC 5332 note. Schedvile. The Director may employ individuals under this section without regard to any limitation, applicable to services procured under such section 3109, on the number of days or the period of such services, except that, at any one time, not more than six individuals may be employed under this section without regard to such limitation.

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 PUBLIC LAW 94-237—MAR. 19, 1976 "The Director is authorized to accept and employ in furtherance of the purpose of this Act voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)). ''§ 208. Notice relating to the control of dangerous drugs "Whenever the Attorney General determines that there is evidence that— "(1) a drug or other substance, which is not a controlled substance (as defined in section 102(6) of the Controlled Substances Act), has a potential for abuse, or "(2) a controlled substance should be transferred or removed from a schedule under section 202 of such Act, he shall, prior to initiating any proceeding under section 201(a) of such Act, give the Director timely notice of such determination. Information forwarded to the Attorney General pursuant to section 201 (f) of such Act shall also be forwarded by the Secretary of Health, Education, and Welfare to the Director. "(a) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: " ' (64) Director of the Office of Drug Abuse Policy.'. "(b) Paragraph (95) of section 5315 of such title is amended to read as follows: " '(95) Deputy Director of the Office of Drug Abuse Policy.'. "§ 210. Statutory authority unaffected "Nothing in this title shall be construed to limit the authority of the Secretary of Defense with respect to the operation of the Armed Forces or the authority of the Administrator of Veterans' Affairs with respect to the furnishing of health care and related services to veterans. "For purposes of carrying out this title, there is authorized to be appropriated $700,000 for the fiscal year ending June 30, 1976, $500,000 for the period July 1, 1976, through September 30, 1976, $2,000,000 for the fiscal year ending September 30, 1977, and $2,000,000 for the fiscal year ending September 30, 1978.
 * '§ 207. Acceptance of uncompensated services
 * § 209. Compensation of Director and Deputy Director
 * '§ 211. Appropriations authorized

90 STAT. 243 21 USC 1117.

21 USC 1118.

21 USC 802. 21 USC 812. 21 USC 811.

' 5 USC 5315.

21 USC 1119.

21 USC 1120.

"Chapter 2.—FUNCTIONS OF THE DIRECTOR "Sec.

"221. Concentration of Federal effort. "222. International negotiations. "223. Annual report.

"§ 221. Concentration of Federal effort "(a) The Director shall make recommendations to the President with respect to policies for, objectives of, and establishment of priorities for, Federal drug abuse functions and shall coordinate the performance of such functions by Federal departments and agencies. Recommendations under this subsection shall include recommendations for changes in the organization, management, and personnel of Federal departments and agencies performing drug abuse functions to implement the policies, priorities, and objectives recommended under this subsection. "(b) To carry out subsection (a), the Director shall—

Recommendations to President. 21 USC 1131.

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 90 STAT. 2 4 4

PUBLIC LAW 94-237—MAR. 19, 1976

"'(1) review the regulations, guidelines, requirements, criteria,

and procedures of Federal departments and agencies applicable to the performance of d r u g abuse functions; " (2) conduct, or provide for, evaluations of (A) the performance of d r u g abuse functions by Federal departments and agencies, and (B) the results achieved by such departments and agencies in the performance of such functions; and " (3) seek to assure that Federal departments and agencies, in the performance of d r u g abuse functions, construe d r u g abuse as a health problem. , " (c) Federal departments and agencies • engaged in d r u g abuse functions shall submit to the Director such information and reports with respect to such functions as he may reasonably require to carry out the purposes of this title. "§ 222. International negotiations 21 USC 1132. " The President may designate the Director to represent the Government of the United States in discussions and negotiations relating to d r u g abuse functions. "§ 223. Annual report 21 USC 1133. " The Director shall submit to the President and the Congress, prior to March 1 of each year which begins after the enactment of this title, a written report on the activities of the Office. The report shall specify the objectives, activities, and accomplishments of the Office, and shall contain an accounting of funds expended under this title.". Repeal. (c)(1) Section 104 of the Act is repealed. 21 USC 1104. (2) Section 302 of the Act is amended by striking out "Special 21 USC 1162. Action Office of D r u g Abuse Prevention until the date specified in section 104 of this Act " and inserting in lieu thereof "Office of D r u g Abuse Policy". (8) Section 302 of the Act is amended by striking out " and " before "other officials", and by striking out the period after " a p p r o p r i a t e " and inserting in lieu thereof "and no fewer than three members from outside the Federal Government.". 21 USC 1164. (4) Section 301 of the Act is amended by adding at the end thereof the following: " (4) from time to time make recommendations to, and coordinate with, the Director of the Office of D r u g Abuse Policy with respect to the performance of his functions under this Act.". (5) The following provisions of law are each amended by striking out "Special Action Office for D r u g Abuse Prevention" and inserting in lieu thereof "Office of D r u g Abuse P o l i c y ": (A) Sections 302 and 408(g) of the Act (21 U.S.C. 1162 and 1175(g)). (B) Subsections (b)(1) and (d) of section 303 of Public Law 93-282 (21 U.S.C. 1175 note). (C) Section 454 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750c). (D) Section 206(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5 6 1 6 (a)(1)). Repeal. (6) Sections 5316(131) and 5313 (21) of title 5, United States Code, are repealed. SEC. 5. Section.305 of the Act (21 U.S.C. 1165) is amended by striking out "from time to time as the President deems appropriate, but not less often than once a year " and inserting in lieu thereof "prior to June 1 of each year". SEC. 6. (a) Section 407 of the Act (21 U.S.C. 1174) is amended to read as follows:

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 PUBLIC LAW 94-237—MAR. 19, 1976 "§ 407. Admission of drug abusers to private and public hospitals "(a) Drug abusers who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their drug abuse or drug dependence, by any private or public general hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. "(b)(1) The Secretary is authorized to make regulations for the enforcement of the policy of subsection (a) with respect to the admission and treatment of drug abusers in hospitals which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital subject to such regulations has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital. "(2) The Administrator of Veterans' Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe regulations making applicable the regulations prescribed by the Secretary under paragraph (1) of this subsection to the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 88 to veterans suffering from drug abuse or drug dependence. In prescribing and implementing regulations pursuant to this paragraph, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.". (b) The Administrator of Veterans' Affairs shall submit to the appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 407 (b)(2) of the Act, (2) explaining the bases for any inconsistency between such regulations and regulations of the Secretary under section 407(b)(1) of the Act, (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 407(b)(1) and shall timely publish such report in the Federal Register. (c) The item relating to section 407 in the table of sections of title IV of the Act is amended by striking out "hospitals for emergency treatment" and inserting in lieu thereof "private and public hospitals". SEC. 7. The first sentence of section 409(a) of the Act (21 U.S.C. 1176(a)) is amended by changing "and $45,000,000 for the fiscal year ending June 30, 1975", to read "$45,000,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, $11,250,000 for the period

90 STAT. 245

21 USC 1174.

Regulations.

Reports to congressional committees.

21 USC 1174 note.

21 USC 1174.

Publication in Federal Register.

21 USC 1171.

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 90 STAT. 2 4 6

PUBLIC LAW 94^237—MAR. 19, 1976

July 1, 1976, through September 30, 1976, and $45,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978". SEC. 8. (a) Section 409(c)(1) of the Act is amended by— 21 USC 1176. (1) inserting " (A) " immediately after " (c)(1) "; (2) a d d i n g before the period at the end of subparagraph (A) the following: ", except that in the case of a State (other than the V i r g i n Islands, Guam, American Samoa, and the T r u s t Territories of the Pacific Islands) which can demonstrate a need (determined in accordance with the methodology established under subparagraph (B) ( i i i)) for an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction"; and (3) inserting at the end thereof the following new subparagraph: Notice of " (B)(i) Not later than June 15 of each year, the Secretary, after proposed consultation with the Director of the National Institute on D r u g rulemaking. Abuse, shall publish a notice of proposed rulemaking setting forth a formula to be used in making allotments pursuant to subparagraph (A) of this paragraph. Such notice of published rulemaking shall be in accordance with section 553 of title 5, United States Code, except that a sixty-day period shall be allowed for public comment. " ( i i) Not later than the first day of each fiscal year, the Secretary Final regulations, shall publish final regulations setting forth the allotment formula to publication. be used pursuant to subparagraph (A) of this paragraph in making allotments during such fiscal year. " ( i i i) I n determining, for the purposes of paragraph (1), the extent of need for more effective condiict of d r u g abuse prevention functions, the Secretary shall (within one hundred and eighty days after the date of enactment of this paragraph) by regulation establish a methodology to assess and determine the incidence and prevalence of d r u g abuse to be applied in determining such need.". (b) The amendments made by subsection (a) of this section shall Effective date. be effective with respect to fiscal years beginning on and after 21 USC 1176 October 1, 1976. note. SEC. 9. (a)(1) Section 409(e) of the Act (21 U.S.C. 1176(e)) is amended— (A) by inserting in the first sentence thereof ", not later than July 15 of each calendar year," immediately after "Secretary"; (B) by inserting in the second sentence thereof "shall pertain to the twelve-month period commencing October 1 of the calendar year in which it is required to be submitted, and " immediately after " E a c h State p l a n "; (C) by inserting "in accordance with such needs" immediately before the semicolon a t the end of paragraph (5) thereof; (D) by striking " and " at the end of paragraph (11) thereof; (E) by redesignating paragraph (12) thereof as paragraph (13); and (F) by inserting immediately after paragraph (11) thereof the following new paragraph: "(12) provide reasonable assurances that treatment or rehabilitation projects or programs supported by funds made available under this section have provided to the State agency a proposed performance standard or standard s to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation programs or projects; and". (2) The amendments made by paragraph (1) shall take effect Effective date. 21 USC 1176 January 1, 1976. note.

-V

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 PUBLIC LAW 94-237—MAR. 19, 1976 (b)(1) Section 409(f) of the Act is amended by adding at the end the following: " A State plan submitted under subsection (e) may also contain provisions relating to alcoholism or mental health. The Secretary, acting through the National Institute on D r u g Abuse, shall establish procedures by which the National Institute on D r u g Abuse shall review each State plan submitted pursuant to subsection (e) and under which it shall complete its review of each such plan not later than September 15 of the calendar year in which the plan is submitted, or not later than sixty days after the plan is received by the National Institute on D r u g Abuse, whichever is later.". (2) The amendment made by paragraph (1) shall take effect January 1, 1976. SEC. 10. (a) Section 410(a) of the Act (21 U.S.C. 1177(a)) is amended by adding at the end thereof the following: " I n the implementation of his authority under this section, the Secretary shall accord a high priority to applications for grants or contracts for p r i m a r y prevention programs. For purposes of the preceding sentence, p r i m a r y prevention programs include programs designed to discourage persons from beginning di'ug abuse. To the extent that appropriations authorized under this section are used to fund treatment services, the Secretary shall not limit such funding to treatment for opiate abuse, but shall also provide support for treatment for nonopiate d r u g abuse including polydrug abuse.". (b) Section 410(c) of the Act (21 U.S.C. 1177(c)) is amended by adding at the end thereof the following new paragraph: " (4) E a c h applicant within a State, upon filing its application with the Secretary for a grant or contract to provide treatment or rehabilitation services shall provide a proposed performance standard or standards, to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation program or project.". SF.C. 11. Section 410(b) of the Act (21 U.S.C. 1177(b)) is amended by chanj^J^g "pnd $160,000,000 for the fiscal year ending June SO, 1975," to read "$160,000,000 for er.ch of the fiscal years ending June 30, 1975 and June 30, 1976; $40,000,000 for the period July 1, 1976, through September 30, 1976; a r d $160,000,000 for each of the fiscal years endijig September 30, 1977, and September 30, 1978,". SEC. 12. (a)(1) The first sentence of section 501(a) of the Act is amended by changing "section" to read "title" both places it appears therein. (2) Section 501(b) of the Act (21 U.S.C. 1191(b)) is amended by inserting "(hereinafter in this title referred to as the ' D i r e c to r ') " immediately after "Director". (b)(1) Section 502 of the Act is amended to read as follows: "§ 502. Technical assistance to State and local agencies " (a) The Director shall— " (1) coordinate or assure coordination of Federal d r u g abuse prevention functions with corresponding functions of State and local governments; and " (2) provide for a central clearinghouse for Federal, State, and local governments, public and private agencies, and individuals seeking d r u g abuse information and assistance from the Federal Government. " (b) I n carrying out his functions under this section, the Director " (1) provide technical assistance—including advice and consultation relating to local programs, technical and professional assistance, and, where deemed necessary, use of task forces of

90 STAT. 247 21 USC 1176. Review of State plans.

Effective date. 21 USC 1176 note.

21 USC 1191.

86 Stat. 85. 21 USC 1192.

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 90 STAT. 248

PUBLIC LAW 94-237—MAR. 19, 1976

public officials or other persons assigned to work with State and local governments—to analyze and identify State and local drug - ' abuse problems and assist m the development of plans and programs to meet the problems so identified; "(2) convene conferences of State, local, and Federal officials, and such other persons as the Director shall designate, to promote the purposes of this Act, and the Director is authorized to pay reasonable expenses of individuals incurred in connection with their participation in such conferences; and "(3) draft and make available to State and local governments model legislation with respect to State and local drug abuse programs and activities, and provide for uniform forms for, procedures for the submission of, and criteria for the consideration of applications of State and local governments and individuals for grants and contracts for drug abuse control and treatment programs. "(c) In implementation of his authority under subsection (b)(1), the Director may— " (1) take such action as may be necessary to request the assignment, with or without reimbursement, of any individual employed by any Federal department or agency and engaged in any Federal drug abuse prevention function or drug traffic prevention function to serve as a member of any such task force; except that no such person shall be so assigned during any one fiscal year for more ' ' than an aggregate of ninety days without the express approval of the head of the Federal department or agency with respect to which he was so employed prior to such assignment; "(2) assign any person employed by the Institute to serve as a member of any such task force or to coordinate management of such task forces; and "(3) enter into contracts or other agreements with any person or organization to serve on or work with such task forces.". (2) The item relating to such section 502 in the table of sections of title V of the Act is amended to read as follows: "502. Technical assistance to State and local agencies.". SEC. 13. (a) Title V of the Act is amended by adding at the end thereof the following new section: "§ 503. Encouragement of certain research and development 21 USC 1193. "(a) The Director shall encourage and promote (by grants, contracts, or otherwise) expanded research programs to create, develop, and test— "(1) synthetic analgesics, antitussives, and other drugs which are— ./, "(A) nonaddictive,or "(B) less addictive than opium or its derivatives, ^o replace opium and its derivatives in medical use; "(2) long-lasting, nonaddictive blocking or antagonistic drugs or other pharmacological substances for treatment of heroin addiction; and "(3) detoxification agents which, when administered, will ease the physical effects of withdrawal from heroin addiction. In carrying out this section the Director is authorized to establish, or provide for the establishment of, clinical research facilities. Appropriation "(b) For purposes of carrying out subsection (a) of this section authorization. there are authorized to be appropriated $7,000,000 for the fiscal year ending June 30, 1976, $1,750,000 for the period July 1, 1976, through

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90 STAT. 249

September 30, 1976, $7,000,000 for the fiscal year ending September 30, 1977, and $7,000,000 for the fiscal year ending September 30, 1978.". (b) The table of sections at the beginning of title V of the Act is amended by adding at the end thereof the following new item: "503. Encouragement of certain research and development.".

SEC. 14. (a) Section 1513(e)(1)(A)(i) of the Public Health Service Act is amended by inserting "sections 409 and 410 of the Drug Abuse 42 USC 300Z-2. Office and Treatment Act," after "Community Mental Health Centers Act" (b) Section 1512(b)(3)(C) (ii) of the Public Health Service Act 42 USC 300M. is amended by inserting ", substance abuse treatment facilities" after "long-term care facilities". (c) Section 1531(3)(A) of the Public Health Service Act is amended 42 USC 300n. by inserting ", substance abuse treatment facilities" after "long-term care facilities". Approved March 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-375 accompanying H.R. 8150 (Coram, on Interstate and Foreign Commerce) and No. 94-839 (Coram, of Conference). SENATE REPORTS: No. 94-218 accompanying S. 1608 (Coram, on Labor and Public Welfare) and No. 94-639 (Coram, of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): June 26, considered and passed Senate. Sept. 11, considered and passed House, amended, in lieu of H.R. 8150. Vol. 122 (1976): Feb. 19, Senate agreed to conference report; agreed to House amendraent with an araendraent. Mar. 4, House concurred in Senate araendraent. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 13 (1976): Mar. 20, Presidential stateraent.

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 90 STAT. 250

PUBLIC LAW 94-238—MAR. 23, 1976

Public Law 94-238 94th Congress An Act Mar. 23, 1976 [H.R. 12193]

rp^ amend the Federal Water Pollution Control Act to increase the authorization for the National Study Commission.

National Study Commission. Appropriation

Be it enacted by the Senate and B.ouse of Representatives of the United States of America in Congress assembled, That subsection (h) of section 315 of the Federal Water Pollution Control Act is amended by striking out "$17,000,000." and inserting in lieu thereof

authorization. 33 USC 1325.

«$17,250,000.". '«' ' '

Approved March 23, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-870 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 9, considered and passed House. Mar. 10, considered and passed Senate.

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 PUBLIC LAW 94-239—MAR. 23, 1976

90 STAT. 251

Public Law 94-239 94th Congress An Act To amend title VII of the (Consumer Credit Protection Act to include discrimination on the basis of race, color, religion, national origin, and age, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Equal Credit Opportunity Act Amendments of 1976". (b) Title VII of the Consumer Credit Protection Act is amended by adding at the end thereof the following new section: «§ 709. Short title "This title may be cited as the 'Equal Credit Opportunity Act'." (c) Section 501 of Public Law 93-4:95 is repealed. SEC. 2. Section 701 of the Equal Credit Opportunity Act is amended to read as follows: "§ 701. Prohibited discrimination; reasons for adverse action "(a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction— "(1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); "(2) because all or part of the applicant's income derives from any public assistance program; or "(3) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. "(b) It shall not constitute discrimination for purposes of this title for a creditor— "(1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditor's rights and remedies applicable to the particular extension of credit and not to discriminate in a determination of credit-worthiness; "(2) to make an inquiry of the applicant's age or of whether the applicant's income derives from any public assistance program if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of credit-worthiness as provided in regulations of the Board; "(3) to use any empirically derived credit system which considers age if such system is demonstrably and statistically sound in accordance with regulations of the Board, except that in the operation of such system the age of an elderly applicant may not be assigned a negative factor or value; or "(4) to make an inquiry or to consider the age of an elderly applicant when the age of such applicant is to be used by the creditor in the extension of credit in favor of such applicant. "(c) It is not a violation of this section for a creditor to refuse to extend credit offered pursuant to— " (1) any credit assistance program expressly authorized by law for an economically disadvantaged class of persons;

Mar. 23, 1976 [H.R. 6516]

Equal Credit Opportunity Act Amendments of 1976. 15 USC 1691 note. Equal Credit Opportunity Act.

15 USC 1691 note. Repeal. 15 USC 1691 note. 15 USC 1691.

15 USC 1601 note.

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PUBLIC LAW 94-239—MAR. 23, 1976

" (2) any credit assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or " (3) any special purpose credit program offered by a profitm a k i n g organization to meet special social needs which meets standards prescribed in regulations by the B o a r d; if such refusal is required by or made pursuant to such program. " (d)(1) W i t h i n t h i r t y days (or such longei reasonable time as Notice. specified in regulations of the Board for any class of credit transaction) after receipt of a completed application for credit, a creditor shall notify the applicant of its action on the application. Statement of " (2) E a c h applicant against whom adverse action is taken shall be reasons. entitled to a statement of reasons for such action from the creditor. A creditor satisfies this obligation by— " (A) providing statements of reasons in writing as a matter of course to applicants against whom adverse action is t a k e n; or " (B) giving written notification of adverse action which discloses (i) the applicant's r i g h t to a statement of reasons within t h i r t y days after receipt by the creditor of a request made within sixty days after such notification, and (ii) the identity of the person or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reasons confirmed in writing on written request. " (3) A statement of reasons meets the requirements of this section only if it contains the specific reasons for the adverse action taken. " (4) Where a creditor has been requested by a t h i r d party to make a specific extension of credit directly or indirectly to an applicant, the notification and statement of reasons required by this subsection may be made directly by such creditor, or indirectly through the t h i r d party, provided in either case that the identity of the creditor is disclosed. " (5) The requirements of paragraph (2), (3), or (4) may be satisfied by verbal statements or notifications in the case of any creditor who did not act on more than one hundred and fifty applications during the calendar year preceding the calendar year in which the adverse action is taken, as determined under regulations of the Board. "Adverse " (6) For purposes of this subsection, the term 'adverse action' action." means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to g r a n t credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.". SEC. 3. (a) Section 703 of the E q u a l Credit Opportunity Act is 15 USC 1691b. amended— (1) by inserting " (a) " immediately before " The B o a r d "; (2) by inserting after the second sentence thereof the following new sentence: " I n particular, such regulations may exempt from one or more of the provisions of this title any class of transactions not primarily for personal, family, or household purposes, if the Board makes an express finding that the application of such provision or provisions would not contribute substantially to carrying out the purposes of this title."; and (3) by adding at the end thereof the following new subsection: Consumer " (b) The Board shall establish a Consumer Advisory Council to Advisory Council. advise and consult with it in the exercise of its functions under the Establishment.

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 PUBLIC LAW 94-239—MAR. 23, 1976 Consumer Credit Protection Act and to advise and consult with it concerning other consumer related matters it may place before the Council. I n appointing the members of the Council, the Board shall seek to achieve a fair representation of the interests of creditors and consumers. The Council shall meet from time to time at the call of the Board. Members of the Council who are not regular full-time employees of the United States shall, while attending meetings of such Council, be entitled to receive compensation at a rate fixed by the Board, but not exceeding $100 per day, including travel time. Such members may be allowed travel expenses, including transportation and subsistence, while away from their homes or regular place of business.". (b)(1) Section 110 of the T r u t h in Lending Act is repealed. (2) The table of sections of chapter 1 of such Act is amended by striking out item 110. SEC. 4. Section 704(c) of the Equal Credit O p p o r t u n i t y Act is amended by inserting before the period at the end thereof the following: ", including the power to enforce any Federal Reserve Board regulation promulgated under this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule". SEC. 5. Section 705 of the Equal Credit Opportunity Act is amended— (1) by amending subsection (e) to read as follows: " (e) Where the same act or omission constitutes a violation of this title and of applicable State law, a person aggrieved by such conduct may b r i n g a legal action to recover monetary damages either under this title or under such State law, but not both. This election of remedies shall not apply to court actions in which the relief sought does not include monetary damages or to administrative actions."; and (2) by adding the following new subsections: " (f) This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with, the laws of any State with respect to credit discrimination, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this title if the Board determines that such law gives greater protection to the applicant. " (g) The Board shall by regulation exempt from the requirements of sections 701 and 702 of this title any class of credit transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this title or that such law gives greater protection to the applicant, and that there is adequate provision for enforcement. Failure to comply with any requirement of such State law in any transaction so exempted shall constitute a violation of this title for the purposes of section 706.". SEC. 6. Section 706 of the E q u a l Credit O p p o r t u n i t y Act is amended to read as follows: «§ 706. Civil liability " (a) Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class. " (b) Any creditor, other than a government or governmental sub-

90 STAT. 253

15 USC 1601 note.

Repeal. 15 USC 1609. 15 USC 1601 et seq. 15 USC 1691c.

15 USC 1691d.

15 USC 1691, 1691a.

Infra.

15 USC 1691e.

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 90 STAT. 254

15 USC 1691c.

15 USC 1691.

42 USC 3605.

PUBLIC LAW 94-239—MAR. 23, 1976 division or agency, who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, in addition to any actual damages provided in subsection (a), except that in the case of a class action the total recovery under this subsection shall not exceed the lesser of $500,000 or 1 per centum of the net worth of the creditor. In determining the amount of such damages in any action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely aflfected, and the extent to which the creditor's failure of compliance was intentional. "(c) Upon application by an aggrieved applicant, the appropriate United States district court or any other court of competent jurisdiction may grant such equitable and declaratory relief as is necessary to enforce the requirements imposed under this title. "(d) In the case of any successful action under subsection (a), (b), or (c), the costs of the action, together with a reasonable attorney's fee as determined by the court, shall be added to any damages awarded by the court under such subsection. "(e) No provision of this title imposing liability shall apply to any act done or omitted in good faith in conformity with any official rule, regulation, or interpretation thereof by the Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. "(f) Any action under this section may be brought in the appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction. No such action shall be brought later than two years from the date of the occurrence of the violation, except that— "(1) whenever any agency having responsibility for administrative enforcement under section 704 commences an enforcement proceeding within two years from the date of the occurrence of the violation, "(2) whenever the Attorney General commences a civil action under this section within two years from the date of the occurrence of the violation, then any applicant who has been a victim of the discrimination which is the subject of such proceeding or civil action may bring an action under this section not later than one year after the commencement of that proceeding or action. "(g) The agencies having responsibility for administrative enforcement under section 704, if unable to obtain compliance with section 701, are authorized to refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted. "(h) When a matter is referred to the Attorney General pursuant to subsection (g), or whenever he has reason to believe that one or more creditors are engaged in a pattern or practice in violation of this title, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. "(i) No person aggrieved by a violation of this title and by a violation of section 805 of the Civil Rights Act of 1968 shall recover

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90 STAT. 255

under this title and section 812 of the Civil Rights Act of 1968, if 42 USC 3612. such violation is based on the same transaction. "(j) Nothing in this title shall be construed to prohibit the discovery of a creditor's credit granting standards under appropriate discovery procedures in the court or agency in which an action or proceeding is brought,". SEC. 7. The Equal Credit Opportunity Act is amended by redesignating section 707 as section 708 and by inserting immediately after 15 USC 1691 note. section 706 the following new section: 15 USC 1691e. "§ 707. Annual reports to Congress 15 USC 1691f. "Not later than February 1 of each year after 1976, the Board and the Attorney General shall, respectively, make reports to the Congress concerning the administration of their functions under this title, including such recommendations as the Board and the Attorney General, respectively, deem necessary or appropriate. In addition, each report of the Board shall include its assessment of the extent to which compliance with the requirements of this title is being achieved, and a summary of the enforcement actions taken by each of the agencies assigned administrative enforcement responsibilities under section 704.". SEC. 8. Section 708 of the Equal Credit Opportunity Act is amended Effective dates. by adding at the end thereof the following new sentence: "The amend- 15 USC 1691 ments made by the Equal Credit Opportunity Act Amendments of note. 1976 shall take effect on the date of enactment thereof and shall apply to any violation occurring on or after such date, except that the amendments made to section 701 of the Equal Credit Opportunity Act shall Ante, p. 251. 15 USC 1691. take effect 12 months after the date of enactment.". SEC. 9. The table of sections of the Equal Credit Opportunity Act is amended by striking out "707. Effective date."

and inserting in lieu thereof the following new items: "707. Annual reports to Congress. "708. Effective date. "709. Short title.".

Approved March 23, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-210 (Comm. on Banking, eurrency and Housing) and No. 94-873 (Comm. of eonference). SENATE REPORT No. 94-589 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD: VoL 121 (1975): June 3, considered and passed House. VoL 122 (1976): Feb. 2, considered and passed Senate, amended. Mar. 9, Senate and House agreed to conference report. WEEKLY eOMPILATION OF PRESIDENTIAL DOeUMENTS: Vol. 12, No. 13 (1976): Mar. 23, Presidential statement.

89-194 O—78—pt. 1

20

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 PUBLIC LAW 94-240—MAR. 23, 1976

90 STAT. 257

Public Law 94-240 94th Congress An Act To amend the Truth in Lending Act to protect consumers against inadequate and misleading leasing information, assure meaningful disclosure of lease terms, and limit ultimate liability in connection with leasing of personal property primarily for personal, family, or household purposes, and for other purposes.

Mar. 23, 1976 [H.R. 8835]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Consumer be cited as the "Consumer Leasing Act of 1976". 1976°^ ^^^ °^ riNDINGS AND PURPOSE

note. SEC. 2. Section 102 of the T r u t h in Lending Act (15 U.S.C. 1601) is amended by inserting " (a) " before the first sentence, and adding the following subsection: " (b) The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. I t is the purpose of this title to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.". DISCLOSURE o r LEASE TERMS

SEC. 3. The T r u t h in Lending Act (15 U.S.C. 1601-1665) amended by adding at the end thereof a new chapter as follows:

is

"Chapter 5—CONSUMER L E A S E S "Sec.

"181. Definitions. "182. Consumer lease disclosures. "183. Lessee's liability on expiration or termination of lease, "184. Consumer lease advertising. "185. Civil liability. "186. Relation to State laws. "§181. Definitions " For purposes of this chapter— 15 USC 1667. " (1) The term 'consumer lease' means a contract in the form of a lease or bailment for the use of personal property by a n a t u r a l person for.a period of time exceeding four months, and for a total contractual obligation not exceeding $25,000, primarily for personal, family, or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease, except that such term shall not include any credit sale as defined in section 103(g). Such term 15 USC 1602. does not include a lease for agricultural, business, or commercial purposes, or to a government or governmental agency or instrumentality, or to an organization.

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 90 STAT. 258

15 USC 1667a.

PUBLIC LAW 94-240—MAR. 23, 1976 "(2) The term 'lessee' means a natural person who leases or is offered a consumer lease. "(3) The term 'lessor' means a person who is regularly engaged in leasing, offering to lease, or arranging to lease under a consumer lease. "(4) The term 'personal property' means any property which is not real property under the laws of the State where situated at the time offered or otherwise made available for lease. " (5) The terms 'security' and 'security interest' mean any interest in property which secures payment or performance of an obligation. "§ 182. Consumer lease disclosures "Each lessor shall give a lessee prior to the consummation of the lease a dated written statement on which the lessor and lessee are identified setting out accurately and in a clear and conspicuous manner the following information with respect to that lease, as applicable: " (1) A brief description or identification of the leased property; "(2) The amount of any payment by the lessee required at the inception of the lease; "(3) The amount paid or payable by the lessee for official fees, registration, certificate of title, or license fees or taxes; ' (4) The amount of other charges payable by the lessee not included in the periodic payments, a description of the charges and that the lessee shall be liable for the differential, if any, between the anticipated fair market value of the leased property and its appraised actual value at the termination of the lease, if the lessee has such liability; "(5) A statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term and whether or not the lessee has the option to purchase the leased property and at what price and time; "(6) A statement identifying all express warranties and guarantees made by the manufacturer or lessor with respect to the leased property, and identifying the party responsible for maintaining or servicing the leased property together with a description of the responsibility; "(7) A brief description of insurance provided or paid for by the lessor or required of the lessee, including the types and amounts of the coverages and costs; " (8) A description of any security interest held or to be retained by the lessor in connection with the lease and a clear identification of the property to which the security interest relates; "(9) The number, amount, and due dates or periods of payments under the lease and the total amount of such periodic payments; "(10) Where the lease provides that the lessee shall be liable for the anticipated fair market value of the property on expiration of the lease, the fair market value of the property at the inception of the lease, the aggregate cost of the lease on expiration, and the differential between them; and "(11) A statement of the conditions under which the lessee or lessor may terminate the lease prior to the end of the term and the amount or method of determining any penalty or other charge for delinquency, default, late payments, or early termination. The disclosures required under this section may be made in the lease contract to be signed by the lessee. The Board may provide by regulation that any portion of the information required to be disclosed under

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90 STAT. 259

this section may be given in the form of estimates where the lessor is not in a position to know exact information. "(a) Where the lessee's liability on expiration of a consumer lease 15 USC 1667b. is based on the estimated residual value of the propert}' such estimated residual value shall be a reasonable approximation of the anticipated actual fair market value of the property on lease expiration. There shall be a rebuttable presumption that the estimated residual value is unreasonable to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease. In addition, where the lessee has such liability on expiration of a consumer lease there shall be a rebuttable presumption that the lessor's estimated residual value is not in good faith to the extent that the estimated residual value exceeds the actual residual value by more than three times the average payment allocable to a monthly period under the lease and such lessor shall not collect from the lessee the amount of such excess liability on expiration of a consumer lease unless the lessor brings a successful action with respect to such excess liability. In all actions, the lessor shall pay the lessee's reasonable attorney's fees. The presumptions stated in this section shall not apply to the extent the excess of estimated over actual residual value is due to physical damage to the property beyond reasonable wear and use, or to excessive use, and the lease may set standards for such wear and use if such standards are not unreasonable. Nothing in this subsection shall preclude the right of a willing lessee to make any mutually agreeable final adjustment with respect to such excess residual liability, provided such an agreement is reached after termination of the lease. "(b) Penalties or other charges for delinquency, default, or early termination may be specified in the lease but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the delinquency, default, or early termination, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. "(c) If a lease has a residual value provision at the termination of the lease, the lessee may obtain at his expense, a professional appraisal of the leased property by an independent third party agreed to by both parties. Such appraisal shall be final and binding on the parties. "§ 184. Consumer lease advertising "(a) No advertisement to aid, promote, or assist directly or indi- 15 USC 1667c. rectly any consumer lease shall state the amount of any payment, the number of required payments, or that any or no downpayment or other payment is required at inception of the lease unless the advertisement also states clearly and conspicuously and in accordance with regulations issued by the Board each of the following items of information which is applicable: "(1) That the transaction advertised is a lease. "(2) The amount of any payment required at the inception of the lease or that no such payment is required if that is the case. "(3) The number, amounts, due dates or periods of scheduled payments, and the total of payments under the lease. "(4) That the lessee shall be liable for the differential, if any, between the anticipated fair market value of the leased property and its appraised actual value at the termination of the lease, if the lessee has such liability. "(5) A statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the
 * § 183. Lessee's liability on expiration or termination of lease

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 90 STAT. 260

15 USC 1667(1. 15 USC 1640.

"ereditor." 15 USC 1614, 1641.

15 USC 1667e.

PUBLIC LAW 94-240—MAR. 23, 1976 end of the term and whether or not the lessee has the option to purchase the leased property and at what price and time. " (b) There is no liability under this section on the part of any owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated. «§ 185. Civil liability "(a) Any lessor who fails to comply with any requirement imposed under section 182 or 183 of this chapter with respect to any person is liable to such person as provided in section 130. "(b) Any lessor who fails to comply with any requirement imposed under section 184 of this chapter with respect to any person who suffers actual damage from the violation is liable to such person as provided in section 130. For the purposes of this section, the term xreditor' as used in sections 115, 130, and 131 shall include a lessor as defined in this chapter. "(c) Notwithstanding section 130(e), any action'under this section may be brought in any United States district court or in any other court of competent jurisdiction. Such actions alleging a failure to disclose or otherwise comply with the requirements of this chapter shall be brought within one year of the termination of the lease agreement. "§ 186. Relation to State laws "(a) This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to consumer leases, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this chapter if the Board determines that such law gives greater protection and benefit to the consumer. "(b) The Board shall by regulation exempt from the requirements of this chapter any class of lease transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection and benefit to the consumer, and that there is adequate provision for enforcement." AMENDMENTS TO SECTION

15 USC 1640.

Ante, p. 257.

1.^0

SEC. 4. Section 130 of the Truth in landing Act is amended as follows: (1) In subsection (a), after "chapter 4" insert "or 5". (2) In clause (2)(A) of subsection (a), insert " (i) " after " (A)", and insert after "transaction" a comma and the following: "or (ii) in the case of an individual action relating to a consumer lease under chapter 5 of this title, 25 per centum of the total amount of monthly payments under the lease". (3) In paragraph (2)(B) of subsection (a), strike out "lesser of $100,000" and insert in lieu thereof "lesser of $500,000". (4) In subsection (b), insert "or chapter 5" after "this chapter" and strike out the word "finance". (5) In subsection (g), after "this chapter", insert "or chapter 4 or 5 of this title", and insert after "consumer loan" a comma and "consumer lease".

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90 STAT. 261

(CONFORMING AMENDMENT

SEC. 5. The table of chapters of the Truth in Lending Act is amended by adding at the end thereof the following: "5. Consumer Leases

181". EFFECTIVE DATE

SEC. 6. This Act takes effect one year after the date of its enactment. 15 USC 1667 note.

Approved March 23, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-544 (Comm. on Banking, Currency and Housing) and No. 94-872 (Comm. of Conference). SENATE REPORT No. 94-590 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD: VoL 121 (1975): Oct. 28, considered and passed House. VoL 122 (1976): Feb. 2, considered and passed Senate, amended. Mar. 9, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 13 (1976): Mar. 23, Presidential statement.

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 PUBLIC LAW 9 4 - 2 4 1 — M A R. 24, 1976

90 STAT. 2 6 3

Public Law 94-241 94th Congress Joint Resolution To approve the "Covenant To Establish a Commonwealth of the Northern JIariana Islands in Polilical Union with the United States of America", and for other purposes.

Mar. 24, 1976 [HJ. Res 549]

Whereas the United States is the administering authority of the 48 USC 1681 Trust Territory of the Pacific Islands under the terms of the note. trusteeship agreemojit for the former Japanese-mandated islands entered into by the United States with the Security Council of the United Nations on April 2, 1947, and approved by the United States on July 18, 1947; and Whereas the United States, in accordance with the trusteeship agreement and the Charter of the United Nations, has assumed the obligation to promote the development of the peoples of the trust territory toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples and the freely expressed wishes of the peoples concerned; and Whereas the United States, in response to the desires of the people of the Northern M a r i a n a Islands clearly expressed over the past twenty years through public petition and referendum, and in response to its own obligations under the trusteeship agreement to promote self-determination, entered into political status negotiations with representatives of the people of the Northern Mariana Islands; and Whereas, on February 15, 1975, a "Covenant to Establish A Commonwealth of the Northern Mariana Islands in Political Union with the United States of America" was signed by the Marianas Political Status Commission for the people of the Northern Mariana Islands and by the President's Personal Representative, Ambassador F. H a y d n Williams for the United States of America, following which the covenant was approved by the unanimous vote of the Mariana Islands District Legislature on February 20, 1975 and by 78.8 per centum of the people of the Northern M a r i a n a Islands voting in a plebiscite held on June 17, 1975: Now be it Resolved by the Seriate and House of Representatives of the United States of America in Congress ay.sembled^ That the Covenant to Establish a Commonwealth of the Northern M a r i a n a Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved. "COVENANT To ESTABLISH A COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS I N POLITICAL U N I O N W I T H THE UNITED STATES OF AMERICA

"Whereas, the Charter of the United Nations and the Trusteeship Agreement between the Security Council of the United Nations and the United States of America guarantee to the people of the Northern M a r i a n a Islands the right freely to express their wishes for selfgovernment or independence; and

Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. Congressional approval. 48 USC 1681 note.

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 9 0 STAT. 2 6 4

PUBLIC LAW 9 4 - 2 4 1 — M A R. 24, 1976 "Whereas, the United States supports the desire of the people of the Northern M a r i a n a Islands to exercise their inalienable r i g h t of selfdetermination; and "Whereas, the people of the Northern M a r i a n a Islands and the people of the United States share the goals and values found in the American system of government based upon the principles of government by the consent of the governed, individual freedom and democracy; and "Whereas, for over twenty years, the people of the Northern M a r i a n a Islands, through public petition and referendum, have clearly expressed their desire for political union with the United States; "Now, therefore, the INIarianas Political Status Commission, being the duly appointed representative of the people of the Northern Mariana Islands, and the Personal Representative of the President of the United States have entered into this Covenant in order to establish a self-governing commonwealth for the Northern Mariang, Islands within the American political system and to define the future relationship between the Northern Mariana Islands and the United States. This Covenant will be mutually binding when it is approved by the United States, by the Mariana Islands District Legislature and by the people of the Northern M a r i a n a Islands in a plebiscite, constituting on their part a sovereign act of self-determination. "ARTICLE

I

"POLITICAL RELATIONSHIP

"SECTioisr 101. The Northern M a r i a n a Islands upon termination of the Trusteeship Agreement will become a self-governing commonwealth to be known as the Commonwealth of the Northern M a r i a n a Islands', in political union with and under the sovereignty of the United States of America. "SECTION 102. The relations between the Northern M a r i a n a Islands and the United States will be governed by this Covenant which, together with those provisions of the Constitution, treaties and laws of the United States applicable to the Northern M a r i a n a Islands, will be the supreme law of the Northern M a r i a n a Islands. "SECTION 103. The people of the Northern M a r i a n a Islands will have the r i g h t of local self-government and will govern themselves with respect to internal affairs in accordance with a Constitution of their own adoption. "SECTION 104. The United States will have complete responsibility for and authority w i t h respect to matters relating to foreign affairs and defense affecting the Northern M a r i a n a Islands. "SECTION 105. The United States may enact legislation in accordance with its constitutional processes which will be applicable to the Northern M a r i a n a Islands, b u t if such legislation cannot also be made applicable to the several States the Northern Mariana Islands must be specifically named therein for it to become effective in the Northern M a r i a n a Islands. I n order to respect the r i g h t of self-government guaranteed by this Covenant the United States agrees to limit the exercise of that authority so that the fundamental provisions of this Covenant, namely Articles I, II and III and Sections 501 and 805, may be modified only with the consent of the Government of the United States and the Government of the Northern M a r i a n a Islands.

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 PUBLIC LAW 94-241—MAR. 24, 1976 "ARTICLE

90 STAT. 265

II

CONSTITUTION OF THE NORTHERN MARIANA ISLANDS

"SECTION 201. The people of the Northern Mariana Islands will formulate and approve a Constitution and may amend their Constitution pursuant to the procedures pixjvided therein. "SECTION 202. The Constitution will be submitted to the Government of the United States for approval on the basis of its consistency with this Covenant and those provisions of the Constitution, treaties and laws of the United States to be applicable to the Northern Mariana Islands. The Constitution will be deemed to have been approved six months after its submission to the President on behalf of the Government of the United States unless earlier approved or disapproved. If disapproved the Constitution will be returned and will be resubmitted in accordance with this Section. Amendments to the Constitution may be made by the people of the Northern Mariana Islands without approval by the Government of the United States, but the courts established by the Constitution or laws of the United States will be competent to determine whether the Constitution and subsequent amendments thereto are consistent with this Covenant and with those provisions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Islands. "SECTION 203. (a) The Constitution will provide for a republican form of government with separate executive, legislative and judicial branches, and will contain a bill of rights. " (b) The executive power of the Northern Mariana Islands will be vested in a popularly elected Governor and such other officials as the Constitution or laws of the Northern Mariana Islands may provide. " (c) The legislative power of the Northern M a r i a n a Islands will be vested in a popularly elected legislature and will extend to all rightful subjects of legislation. The Constitution of the Northern M a r i a n a Islands will provide for equal representation for each of the chartered municipalities of the Northern Mariana Islands in one house of a bicameral legislature, notwithstanding other provisions of this Covenant or those provisions of the Constitution or laws of the United States applicable to the Northern Mariana Islands. " (d) The judicial power of the Northern Maria,na Islands will be vested in such courts as the Constitution or laws of the Northern M a r i a n a Islands may provide. The Constitution or laws of the Northern M a r i a n a Islands may vest in such courts jurisdiction over all causes in the Northern Mariana Islands over which any court established by the Constitution or laws of the United States does not have exclusive jurisdiction. "SECTION 204. All members of the legislature of the Northern Mariana Islands and all officers and employees of the Government of the Northern M a r i a n a Islands will take an oath or affirmation to s u p p o r t this Covenant, those provisions of the Constitution, treaties and laws of the United States applicable to the Northern Mariana Islands, and the Constitution and laws of the Northern M a r i a n a Islands. "ARTICLE

III

" C I T I Z E N S H I P A N D NATIONALITY

"SECTION 301. The following persons and their children under the age of 18 years on the effective date of this Section, who are not citizens or nationals of the United States under any other provision of law,and who on that date do not owe allegiance to any foreign state, are

Submittal to U.S. for approval.

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declared to be citizens of the United States, except as otherwise provided in Section 302: " (a) all persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof; "(b) all persons who are citizens of the Tmst Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Marianas Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to January 1, 1975; and "(c) all persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Tei ritory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to January 1, 1974. "SECTION 302. Any person who becomes a citizen of the United States solely by virtue of the provisions of Section 301 may within six months after the effective date of that Section or within six months after reaching the age of 18 years, whichever date is the later, become a national but not a citizen of the United States by making a declaration under oath before any court established by the Constitution or laws of the United States or any court of record in the Commonwealth in the form as follows: " 'I being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.'" "SECTION 303. All persons born in the Commonwealth on or after the effective date of this Section and subject to the jurisdiction of the United States will be citizens of the United States at birth. "SECTION 304. Citizens of the Northern Mariana Islands will be entitled to all privileges and immunities of citizens in the several States of the United States. "ARTICLE

IV

u JUDICIAL, AUTHORITY

District Court for the Northern Mariana Islands. Establishment

401. The United States will establish for and within the Northern Mariana Islands a court of record to be known as the 'District Court for the Northern Mariana Islands'. The Northern Mariana Islands will constitute a part of the same judicial circuit of the United States as Guam. "SECTION 402. (a) The District Court for the Northern Mariana Islands will have the jurisdiction of a district court of the United States, except that in all causes arising under the Constitution, treaties or laws of the United States it will have jurisdiction regardless of the sum or value of the matter in controversy. " (b) The District Court will have original jurisdiction in all causes in the Northern Mariana Islands not described in Subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the District Court solely on "SECTION

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the basis of this subsection, the District Court will be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by g r and jury or trial by jury. " (c) The District Court will have such appellate jurisdiction as the Constitution or laws of the Northern Mariana Islands may provide. When it sits as an appellate court, the District Court will consist of three judges, at least one of whom will be a judge of a court of record of the Northern IMariana Islands. "SECTION 403. (a) The relations between the courts established by the Constitution or laws of the United States and the courts of the Northern Mariana Islands with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus and other matters or proceedings will be governed by the laws of the United States pertainm g to the relations between the courts of the United States and the courts of the several States in such matters and proceedings, except as otherwise provided in this Article; provided that for the first fifteen years following the establishment of an appellate court of the Northern Mariana Islands the United States Court of Appeals for the judicial circuit which includes the Northern Mariana Islands will have jurisdiction of appeals from all final decisions of the highest court of the Northern Mariana Islands from which a decision could be had in all cases involving the Constitution, treaties or laws of the United States, or any authority exercised thereunder, unless those cases are reviewable in the District Court for the Northern M a r i a n a Islands pursuant to Subsection 402(c). " (b) Those portions of Title 28 of the United States Code which apply to Guam or the District Court of Guam will be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in this Article. "ARTICLE

V

uAPPLICABILITY OF LAWS

"SECTION 501. (a) To the extent that they are not applicable of their own force, the following provisions of the Constitution of the United States will be applicable within the Northern Mariana Islands USC prec. title 1. as if the Northern Mariana Islands were one of the several States: Article I, Section 9, Clauses 2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article IV, Section 1 and Section 2, Clauses 1 and 2; Amendments 1 through 9, inclusive; Amendment 13; Amendment 14, Section 1; Amendment 1 5; Amendment 19; and Amendment 2 6; provided, however, that neither trial by jury nor indictment by g r and jury shall be required in any civil action or criminal prosecution based on local law, except where required by local law. Other provisions of or amendments to the Constitution of the United States, which do not apply of their own force within the Northern Mariana Islands, will be applicable within the Northern Mariana Islands only with approval of the Government of the Northern Mariana Islands and of the Government of the United States. " (b) The applicability of certain provisions of the Constitution of the United States to the Northern Mariana Islands will be without prejudice to the validity of and the power of the Congress of the United States to consent to Sections 203, 506 and 805 and the proviso in Subsection (a) of this Section.

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