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Page:United States Statutes at Large Volume 87.djvu/995

 87 STAT. ]

PUBLIC LAW 93-233-DEC. 31, 1973

9(53

(10)(A), or (2) an eligible individual or eligible spouse, as deiined Stat. 1465. in title X VI, with respect to whom supplemental security income 86 USC 1381. 42 benefits are payable; otherwise that individual shall be considered to be an individual eligible for medical assistance under clause (10)(C) of that subsection. In States which do not provide medical assistance to individuals pursuant to clause (10)(C) of that subsection, an individual who is eligible for medical assistance by reason of the requirements of this section concerning the deduction of incurred medical expenses from income shall be considered an individual eligible for medical assistance under clause (10)(A) of that subsection.". (11) Section 1903(a)(1) of such Act is amended by striking out ^9 stat^. 349^^^ "individuals who are recipients of money payments under a State plan approved under title I, X, X IV, or X VI, or part A of title IV " and inserting "individuals who are eligible for medical assistance under the plan and (A) are receiving aid or assistance under any plan of the State approved under title I, X, X IV, or X VI, or part A of title IV, ^^o^ usc^ 30i. ^^ or with respect to whom supplemental security income benefits are goi.' being paid under title X VI, or (B) with respect to whom there is being paid a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10)(A) " in lieu thereof. (12) Section 1903(f)(4) of such Act is amended to read as follows: 42 USC 1396b. "(4) The limitations on payment imposed by the preceding provisions of this subsection shall not apply with respect to any amount expended by a State as medical assistance for any individual— " (A) who is receiving aid or assistance under any plan of the \ State approved under title I, X, X IV or X VI, or part A of title IV, or with respect to whom supplemental security income benefits are being paid under title X VI, or " (B) who is not receiving such aid or assistance, and with respect to whom such benefits are not being paid, but (i) is eligible to receive such aid or assistance, or to have such benefits paid with respect to him, or (ii) would be eligible to receive such aid or assistance, or to have such benefits paid with respect to him if he were not in a medical institution, or " (C) with respect to whom there is being paid, or who is eligible, or would be eligible if he were not in a medical institution, to have paid with respect to him, a State supplementary payment and is eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10)(A), but only if the income of 42 USC i396a. such individual (as determined under section 1612, but without ^^ ^'^'-35fP regard to subsection (b) thereof) does not exceed 300 percent 42 USC 1382a. of the supplemental security income benefit rate established by section 1611(b)(1), 42 USC 1382. at the time of the provision of the medical assistance giving rise to such expenditure." (18) The matter before clause (i) in section 1905(a) of such Act ^^ use i396d. is amended by striking out "individuals not receiving aid or assistance under the State's plan approved under title I, X, X IV, or X VI, or part A of title IV " and inserting "individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10)(A)) not receiving aid or assistance under any plan of the State

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Page:United States Statutes at Large Volume 87.djvu/996

 964

PUBLIC LAW 93-233-13EC. 31, 1973

[87 STAT.

i2ol"i'3^sf°l38i approved under title I, X, X IV, or X VI, or part A of title IV, and 601.' ' ' With respect to M'hom supplemental security income benefits are not being paid under title X V P in lieu thereof. 42 USC i.395d. (14) Section 1905(a) (iv) of such Act is amended by inserting "with respect to States eligible to participate in the State plan program established under title X VI, " at the end thereof. (15) Section 1905(a)(v) of such Act is amended by striking out "or" and inserting "with respect to States eligible to participate in the State plan program established under title X VI, " in lieu thereof. (16) Section 1905(a) (vi) of such Act is amended by inserting "or" at the end thereof. (17) Section 1905(a) of such Act is further amended by inserting immediately after clause (vi) the following new clause: "(vii) blind or disabled as defined in section 1614, with respect to States not eligible to participate in the State plan program established under title XVI,".

(18) Section 1905 of such Act is amended by inserting at the end thereof the following new subsections: " (j) The term 'State supplementary payment' means any cash payment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under title X VI or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such benefits (as determined by the Secretary), but only to the extent that such payments ' are made with respect to an individual with respect to whom supplemental security income benefits are payable under title X VI, or would but for his income be payable under that title, " (k) Increased supplemental security income benefits payable purAnte, p. 154. suaut to section 211 of Public Law 93-66 shall not be considered supplemental security income benefits payable under title XVI.". Technical Clarification and Modification of Medicaid Eligibility and Federal Title X IX Matching Under Public Law 93-66 Ante, p. 159.

^^ ^^^ ^^^ Ckusc (2)(A) of section 231 of Public Law 93-66 is amended by— (i) inserting "received or" immediately before "would", and (ii) striking out "or" at the end thereof and inserting "and" in X lieu thereof. (B) Clause (2)(B) of that section is amended by— (i) striking out "was", and (ii) striking out "need for care in such institution, considered to be eligible for aid or assistance under a State plan (referred to in subparagraph (A)) for purposes of determining his eligibility" and inserting "status as described in subparagraph (A), was included as an individual eligible" in lieu thereof. Ante, p. 160. (2) The first sentencc of section 232 of Public Law 93-66 is amended by— (A) striking out "(under the provisions of subparagraph (B) of such section)", (B) striking out "to be a person described as being a person who 'would, if needy, be eligible for aid or assistance under any such State plan' in subparagraph (B)(i) of such section" and insert42 USC 1396. jng "for purposes of title X IX to be an individual who is blind or disabled within the meaning of section 1614(a) of the Social 42 USC 1382c. Sccurity Act" in lieu thereof, and (C) inserting ", and the other conditions of eligibility contained ' in the plan of the State approved under title X IX (as it was in effect in December 1973)" before the period at the end thereof.

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Page:United States Statutes at Large Volume 87.djvu/997

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PUBLIC LAW 93-233-DEC. 31, 1973

Medicaid Eligibility for Individuals Receiving Mandatory State Supplementary Payments

965 ~

(c) I n addition to other requirements imposed by law as conditions for the approval of any State plan under title X IX of the Social Security Act, there is hereby imposed (effective January 1, 1974) the 86^stIt^\*/26^' requirement (and each such State plan shall be deemed to require) 42 USC 1396. that medical assistance under such plan shall be provided to any individual— (1) for any month for which there (A) is payable with respect to such individual a supplementary payment pursuant to an agreement entered into between the State and the Secretary of Health, Education, and Welfare under section 212(a) of Public Law 93-66, and (B) would be payable with respect to such individual Ante, p. 155. such a supplementary payment, if the amount of the supplementary payments payable pursuant to such agreement were established without regard to paragraph (3)(A) (ii) of such section 212(a), and (2) in like manner, and subject to the same terms and conditions, as medical assistance is provided under such plan to individuals with respect to whom benefits are payable for such month under the supplementary security income program established 86 Stat. 1465. by title X VI of the Social Security Act. 42 USC 1381. Federal matching under title X IX of the Social Security Act shall be available for the medical assistance furnished to individuals who are eligible for such assistance under this subsection. Effective

Dates

(d) The amendments made by subsection (a) shall be effective with respect to payments under section 1903 of the Social Security Act for calendar quarters commencing after December 31, 1973.

^2 USC i396b.

P A Y M E N T S TO SUBSTANDARD F A C I L I T I E S U N D E R MEDICAID

SEC. 14. Section 1616 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(e) Payments made under this title with respect to an individual shall be reduced by an amount equal to the amount of any supplementary payment (as described in subsection (a)) or other payment made by a State (or political subdivision thereof) which is made for or on account of any medical or any other type of remedial care provided by an institution to such individual as an inpatient of such institution in the case of any State which has a plan approved under title X IX of this Act if such care is (or could be) provided under a State plan approved under title X IX of this Act by an institution certified under such title X IX. ".

42 USC 1382e.

P A Y M E N T FOR SERVICES OF P H Y S I C I A N S RENDERED I N A T E A C H I N G H O S P I T A L

SEC. 15. (a)(1) Notwithstanding any other provision of law, the provisions of section 1861(b) of the Social Security Act, shall, subject to subsection (b) of this section, for the period with respect to which this paragraph is applicable, be administered as if paragraph (7) of such section read as follows: "(7) a physician where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all physicians in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.".

^^ "^^ UQSX.

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Page:United States Statutes at Large Volume 87.djvu/998

 966 86 Stat. 1406. 42 USC 1395k.

42 USC 1395X.

42 USC 1395. Study.

42 USC 1396.

Reports to cong r e s s i o n a l corn-

A n a l y s i s, submittal to c o n g r e s sional committees

PUBLIC LAW 93-233-DEC. 31, 1973

[87 STAT.

(2) Notwithstaiicling any other provision of law, the provisions of section 1832(a)(2)(B)(i) of the Social Security Act, shall, subject to subsection (b) of this section, for the period with respect to which this paragraph is applicable, be administered as if subclanse II of such section read as follows: " ( II) a physician to a patient in a hospital which has a teaching program approved as specified in paragraph (6) of section 1861(b) (including services in conjunction with the teaching programs of such hospital whether or not such patient is an inpatient of such hospital), where the conditions specified in paragraph (7) of such section are met, and". (b) The provisions of subsection (a) shall not be deemed to render improper any determination of payment under title X VIII of the Social Secui"ity Act for any service provided prior to the enactment of this Act. (c)(1) The Secretary of Health, Education, and Welfare shall arrange for the conduct of a study or studies concerning (A) appropriate and equitable methods of reimbursement for pliysicians' services under titles X VIII and X IX of the Social Security Act in hospitals which have a teaching program approved as specified in section 1861 (b)(6) of such Act, (B) the extent to which funds expended under such titles are supporting the training of medical specialties which are in excess supply, (C) how such funds could be expended in ways which support more rational distribution of physician manpower both geographically and by specialty, (I)) the extent to which such funds support or encourage teaching programs which tend to disproportionately attract foreign medical graduates, and (E) the existing and appropriate role that part of such funds which are expended to meet in whole or in part the cost of salaries of interns and residents in teaching programs api^roved as specified in section 1861(b)(6) of such Act. (2) The studies required by paragraph (1) shall be the subject of an interim report thereon submitted not later than December 1, 1971, and a final report not later than July 1, 1975. Such reports shall be submitted to the Secretary, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives, simultaneously. (3) The Secretary shall I'equest the National Academy of Sciences to conduct such studies under an arrangement under which the actual expenses incurred by such Academy in conducting such studies will be paid by the Secretary. If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy forthe conduct of such studies. (4) If the National Academy of Sciences is unwilling to conduct rhe studies required under this section, under such an arrangement with the Secretary, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations shall conduct such studies and prepare and submit the reports thereon as provided in paragraph (2). (5) The Social Security Administration shall study the interim report called for in paragraph (2) and shall submit its analysis of such interim report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than March 1, 1975, The Social Security Administration shall study and submit its analysis of the final report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives by October 1, 1975.

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Page:United States Statutes at Large Volume 87.djvu/999

 87 STAT.]

PUBLIC LAW 9 3 - 2 3 3 - D E C. 31, 1973

9(37 Effective dates.

(d) The provisions of subsection (a) shall apply with respect to cost accounting periods beginning after June 30, 1973, and prior to January 1, 1975, except that if the Secretary of Health, Education, and Welfare determines that additional time is required to prepare the report required by subsection (c), he may, by regulation, extend the applicability of the provisions of subsection (a) to cost accounting periods beginning after June 30, 1975. BASIS OF MEDICARE P A Y M E N T FOR SERVICES PROVIDED BY AGENCIES AND PROVIDERS

SEC. 16. I n the administration of titles V, X VIII, and ^IX. of the Social Security Act, the amount payable under such title to any ^2 USC 701, provider of services on account of services provided by such hospital, ^^^^' ^^^^' skilled nursing facility, or home health agency shall be determined (for any period with respect to which the amendments made by section 233 of Public Law 92-603 would, except for the provisions of ^^ Stat. l u i. this section, be applicable) in like manner as if the date contained in the first and second sentences of subsection (f) of such section 233 were December 31, 1973, rather than December 31, 1972. P O S T P O N E M E N TO N EFFECTIVE DATE OF CERTAIN REQUIREMENTS IMPOSED W I T H RESPECT TO P A Y M E N T FOR P H Y S I C A L THE R A P Y SERVICES

SEC. 17. (a) I n the administration of title X VIII of the Social Security Act, the amount payable thereunder with respect to physical therapy and other services referred to in section 1861(v)(5)(A) of such Act (as added by section 151(c) of the Social Security Amendments of 1972) shall be determined (for the period with respect to which the amendment made by such section 151(c) would, except for the provisions of this section, be applicable) in like manner as if the "December 31, 1972", which appears in such subsection (d)(3) of such section 151, read "the month in which there are promulgated, by the Secretary of Health, Education, and Welfare, final regulations implementing the provisions of section 1861(v)(5) of the Social Security Act".

--

^^ use uVs^x

CLERICAL A N D CONFORMING AMENDMENTS TO SOCIAL SECURITY ACT

In

General

Inclusion of All Wage Level Increases in Automatic Adjustment of Earnings Test S E C 18. (a) Section 203(f)(8)(B) (ii) of the Social Security Act is amended by— (1) striking out "contribution and benefit base" and inserting "exempt amount" in lieu thereof; and (2) striking out "section 230(a)" and inserting "subparagraph (A) " in lieu thereof.

86 Stat. 134:1. 42 USC 403.

Inclusion in Old-Age Insurance Benefit in Certain Cases of Delayed Retirement (b) Section 202(w) of such Act is amended by inserting at the end thereof the following new paragraph: "(5) If an individual's primary insurance amount is determined under paragraph (3) of section 215(a) and, as a result of this subsection, he would be entitled to a higher old-age insurance benefit if his primary insurance amount were determined under section 215(a) without regard to such paragraph, such individual's old-age insurance

^^ ^*|^-1^^^^e stat^. 1333. 42 USC 415.

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PUBLIC LAW 93-233-DEC. 31, 1973

[87 STAT.

benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such paragraph." 42 USC 428d. 86 Stat. 1465. Ante, p. 154. 42 USC 1381.

Elimination of Benefits at Age 72 for Uninsured Individuals Receiving Supplemental Security Income Benefits ^^^ Section 228(d) of such Act is amended by inserting "and such individual is not an individual with respect to whom supplemental security income benefits are payable pursuant to title XVI or section 211 of Public Law 93-66 for the following month, nor shall such benefit be paid for such month if such individual is an individual with respect to whom supplemental security income benefits are payable pursuant to title XVI or section 211 of Public Law 93-66 for such month, unless the Secretary determines that such benefits are not payable with respect to such individual for the month following such month" immediately before the period at the end thereof. Limitations on Eligibility Determinations Under Resources Tests of State Plans

86 Stat. 1466.

(d) Soction 1611 of such Act (as amended by Public Law 92-60a) is amended by striking out subsection (g) and inserting in lieu thereof the following new subsection: " (g) In the case of any individual or any individual and his spouse (as the case may be) who— "(1) received aid or assistance for December 1973 under a plan j//g Stat. 1484, of a State approved under title I, X, XIV, or XVI, 42 USC 301, "(2) has, since December 31, 1973, continuously resided in the 1201, 1351, 1381. State under the plan of which he or they received such aid or assistance for December 1973, and " (3) has, since December 31, 1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or eligible spouse with respect to whom supplemental security income benefits are payable, the resources of such individual or such individual and his spouse (as the case may be) shall be deemed not to exceed the amount specified in sections 1611(a)(1)(B) and 1611(a)(2)(B) during any period that the resources of such individualor individuals and his spouse (as the case may be) does not exceed the maximum amount of resources specified in the State plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973." Limitations on Eligibility and Benefit Determinations Under Income Tests of State Plans for Aid to the Blind (e) Section 1611 of such Act is amended by striking out subsection (h) and inserting in lieu thereof the following new subsection: "(hj In determining eligibility for, and the amount of, benefits payable under this section in the case of any individual or any individual and his spouse (as the case may be) who— "(1) received aid or assistance for December 1978 under a plan of a State approyed under title X or XVI, "(2) is blind under the definition of that term in the plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1978,

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 87 STAT. ]

PUBLIC LAW 93-233-DEC. 31, 1973

"(3) has, since December 31, 1973, continuously resided in the State under the plan of which he or they received such aid or assistance for December 1973, and "(4) has, since December 31, 1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or an eligible spouse with respect to whom supplemental security income benefits are payable, there shall be disregarded an amount equal to the greater of (A) the maximum amount of any earned or unearned income which could have been disregarded under the State plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973, and (B) the amount which would be required to be disregarded under section 1612 without application of this subsection."

969 ^

^

Correction of Erroneous Designations and Cross-Ref erences (f)(1) Section 226 of such Act is amended by— _ (A) redesignating subsection (a)(1) as subsection (a); (B) redesignating clauses (A) and (B) of subsection (a), as redesignated by this subsection, as clauses (1) and (2), respectively; and (C) redesignating subsection (f) (as added by section 201 (b)(5) of the Social Security Amendments of 1972 and redesignated by section 299L of that Act) and the subsection (f) (as enacted by section 101 of the Social Security Amendments of 1965 and redesignated by section 201(b)(5) of the Social Security Amendments of 1972) as subsections (h) and (i), respectively; and by inserting such subsections (h) and (i) (as so redesignated) immediately after subsection (g) of such section. (2) Section 2 2 6 (h)(1)(A) of such Act, as redesignated by this subsection, is amended by striking out "and 202(e)(5), and the term 'age 62' in sections" ancl inserting ", 202(e)(5)," in lieu thereof. (3) Section 2 2 6 (h)(1)(B) of such Act, as redesignated by this subsection, is amended by striking out "shall" and inserting "and the phrase 'before he attained age 60' in the matter following subparagraph (G) of section 202(f)(1) shall each" in lieu thereof. (4) Paragraphs (2) and (3) of section 226(h) of such Act, as redesignated by this subsection, are each amended by striking out " (a)(2) " and inserting " b " in lieu thereof.

se st^at^. m i. 42 USC 426.

Initial Payments to Presumptively Disabled Individuals Unrecoverable Only if Individual Is Ineligible Because Not Disabled (g) Section 1631(a)(4)(B) of such Act is amended by inserting "solely because such individual is determined not to be disabled" immediately before the period at the end thereof.

86 Stat. 1475. 42 USC 1383.

Technical Correction of Limitation on Fiscal Liability of States for Optional Supplementation (h)(1) Section 401(a)(1) of the Social Security Amendments of 1972 is amended by— se Stat. i485. (A) inserting ", other than fiscal year 1974," immediately after note."^*^ ^^^^^ "any fiscal year"; and (iB) inserting ", and the amount payable for fiscal year 1974 pursuant to such agreement or agreements shall not exceed onehalf of the non-Federal share of such expenditures" immediately before the period of the end thereof. (2) Section 401(c)(1) of such Act is amended by inserting "ex- *^ ^'° ^'^^• eluding" immediately before "expenditures authorized under section 1119"..

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Page:United States Statutes at Large Volume 87.djvu/1002

 970

PUBLIC LAW 93-233-DEC. 31, 1973

[87 STAT.

Modification of Transitional Administrative Provisions 86 Stat. 1487. 42 USC 1382e

note.

(i) Section 402 of the Social Security Amendments of 1972 is amended by— (1) striking out " X VI " the first time that it appears therein and inserting " VI " in lieu thereof; (2) inserting "the third and fourth quarters in the fiscal year ending June 30, 1974, and" immediately after "with respect to expenditures for"; and (3) inserting "the third and fourth quarters of the fiscal year ending June 30, 1974, and any quarter of" immediately after "during such poition of". Inclusion of Title VI in Limitation on Grants to States for Social Services

42 USC i326h

(J) Section 1130(a) of such Act is amended by inserting "603(a) (1)," immediately after "403(a)(3),". Clarification of Coverage of Hospitalization for Dental Services

42 USC ugVf

42 USC i395y.

(k)(1) Section 1814(a)(2)(E) of such Act (as amended by Public ^^'^^^' 92-603) is amended to read as follows: _ " (E) in the case of inpatient hospital services in connection with the care, treatment, filling, removal, or replacement of teeth or structures directly supporting teeth, the individual, because of his underlying medical condition and clinical status, requires hospitalization in connection with the provision of such dental services;". (2) The last sentence of section 1814(a) is amended by striking out "or (D) " and inserting " (D), or (E) " in lieu thereof. (3) Section 1862(a) (12) of such Act is amended by striking out "a dental procedure" and all that follows thereafter, and inserting "the provision of such dental services if the, individual, because of his underlying medical condition and clinical status, requires hospitalization in connection with the provision of such services; or" in lieu 1 hereof. Continuation of State Agreements for Coverage of Certain Individuals

Eff^c^twe^dat^'. 42 u^c u96a 42 USC 1381. 42 USC 301 1201, 1351.

(^) Section 1843(b) of such Act is amended by adding at the end thereof the following: "Effective January 1, 1974, and subject to section 1902(f), the Secretary shall, at the request of any State not eligible to participate in the State plan program established under ^j^jg X VI, continue in effect the agreement entered into under this section with such State subject to such modifications as the Secretary may by regulations provide to take account of the termination of any jilans of such State approved under titles I, X, X IV, and X VI and the establishment of the supplemental security income program under title XVI.". Technical Improvement of Provisions Governing Disposition of H M O Savings

42 USC isgLm

(^) Section 1876(a)(3)(A) (ii) of such Act is amended by striking out ", with the apportionment of savings being proportional to the losses absorbed and not yet offset".

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Page:United States Statutes at Large Volume 87.djvu/1003

 87 STAT. ]

PUBLIC LAW 93-233-DEC. 31, 1973

Technical Improvement of Provisions Governing Allowable H M O Premium Charges (n) The last sentence of section 1876(g)(2) of such Act is amended ^ '' ^^'^ ^ ' by— (1) inserting "of its premium rate or other charges" immediately after "portion"; (2) striking out "may" and inserting "shall"; (3) striking out " (i) "; and (4) striking out "less (ii) the actuarial value of other charges made in lieu of such deductible and coinsurance". ,

971 ^ se Stat. i40i.

42 USC 1395mm.

Applications for Assistance on Behalf of Deceased Individuals (o) Section 1902(a) (34) of the Social Security Act (as amended by Public Law 92-603) is amended by inserting " (or application was made on his behalf in the case of a deceased individual)" immediately after "he made application".

s^ sta^ i446^

Expansion of Intermediate Care Facility Ownership Disclosure Kequirements (p) Section 1902(a) (35)(A) of such Act is amended by inserting "or who is the owner (in whole or in part) of any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by such intermediate care facility or any of the property or assets of such intermediate care facility" immediately after "intermediate care facility".

86 Stat. 1460. 42 USC 1396a.

Technical Modification of Extended Medicaid Eligibility for A F D C Recipients (q) Section 1902(e) of such Act is amended to read as follows: "(e) Notwithstanding any other provision of this title, effective January 1, 1974, each State plan approved under this title must provide that each family which was receiving aid pursuant to a plan of the State approved under part A of title IV in at least 3 of the 6 months immediately preceding the month in which such family became ineligible for such aid because of increased hours of, or increased income from, employment, shall, while a member of such family is employed, remain eligible for assistance under the plan approved under this title (as though the family was receiving aid under the plan approved under part A of title IV) for 4 calendar months beginning with the month in which such family became ineligible for aid under the plan approved under part A of title IV because of income and resources or hours of work limitations contained in such plan.".

86 Stat. 1381. 42 USC 1396a.

Limitation on Payments to States for Expenditures in Relation to Disabled Individuals Eligible for Medicare (r)(1) Section 1903(a)(1) of such Act is amended by inserting "and ^2 USC i396b. disabled individuals entitled to hospital insurance benefits under title X VIII " immediately after "individuals sixty-five years of age or older". ^ (2) Section 1903(b)(2) of such Act is amended by inserting "and disabled individuals entitled to hospital insurance benefits under title X VIII " immediately after "individuals aged 65 or over".

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Page:United States Statutes at Large Volume 87.djvu/1004

 972

PUBLIC LAW 93-233-DEC. 31, 1973

[87 STAT.

Federal Payment for Cost of Inspecting Institutions Limited to Expenses Incurred During Covered Period selta!*UM^' 42 USC 1396b.

(s) Section 1903(a)_(4) of such Act is amended by striking out "sums expended" and inserting "sums expended with respect to costs incurred" in lieu thereof. Federal Payment for Family Planning Expenditures Not Limited to Administrative Costs (t) Section 1903(a)(5) of such Act is amended by striking out " (as found necessary by the Secretary for the proper and efficient administration of the plan)". Exception to Limitation on Payments to States for Expenditures in Relation to Individuals Eligible for Medicare

/ >

(u) Section 1903(b)(2) of such Act is amended by inserting ", other than amounts expended under provisions of the plan of such State required by section 1902(a) (34)" immediately before the period at the end thereof.

.

Utilization Eeview by Medical Personnel Associated With an Institution

86 Stat. 1379.

(v) Section 1903(g)(1)(C) of such Act is amended by striking out "and who are not employed by" and by inserting "or, except in the case of hospitals, employed by the institution" immediately after "any such institution". , Authority To Prescribe Standards Under Title X IX for Active Treatment of Mental Illness

86 Stat. 1461. 42 USC 1396d.

(w) Section 1905(h)(1)(B) of such Act is amended by— (1) striking out ", involves active treatment (i) " and inserting " (i) involve active treatment" in lieu thereof, (2) striking out "pursuant to title X VIII ", and (3) striking out "(ii) which" and inserting " ( i i) " in lieu thereof. Correction of Erroneous Designations and Cross References

79 Stat. 344. 42 USC 1396a.

79 Stat. 349.

(x)(1) Section 1902(a) (13)(C) of such Act is amended by striking out " ( 1 4) " and inserting " ( 1 6) " in lieu thereof. (2) Section 1902(a) (33)(A) of such Act is amended by striking out "last sentence" and inserting "penultimate sentence" in lieu thereof. (3) Section 1902(a) of such Act is amended by— (A) striking out the period at the end of paragraph (35) and inserting "; and" in lieu thereof; and (B) redesignating paragraph (37) as paragraph (36). (4) Sections 1902(a) (21), (24), and (26)(B), and the last sentence of section 1902(d), of such Act are each amended by striking out "nursing home" and "nursing homes" each time that they appear therein and inserting "nursing facility" and "nursing facilities", respectively, in lieu thereof. (5) Section 1903(a) of such Act is amended by striking out "and section 1117" in the first parenthetical phrase. (6) Section 1903(b) of such Act is amended by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

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 87 STAT. ]

PUBLIC LAW 93-233-DEC. 31, 1973

(7) Section 1905(a) (16) of such Act is amended by striking out "under 21, as defined in subsection (e); " and inserting "under age 21, as defined in subsection (h); and" in lieu thereof. (8) Section 1905(c) of such Act is amended by striking out "skilled nursing home" each time that it appears therein and inserting "skilled nursing facility" in lieu thereof. (9) Section 1905 of such Act is amended by redesignating subsection (h) (which was enacted by section 299L(b) of the Social Security Amendments of 1972) as subsection (i). (10) Section 1905(h)(2) is amended by striking out "(e)(1) " and inserting " (1) " in lieu thereof.

973 86 Stat. 1460. 42 USC 1396(1. 85 Stat. 809; 86 Stat. 1464.

86 Stat. 1461.

Deletion of Obsolete Provisions (y)(1) Section 1903 of such Act is amended by— (A) striking out subsection (c); (B) striking out " (a), (b), and (c) " in subsection (d) and inserting " (a) and (b) " in lieu thereof. (2) Section 1905(b) of such Act is amended by striking out everything after "section 1110(a)(8)" and inserting a period in lieu thereof. (3) Section 1908 of such Act is amended by striking out the last sentence of subsection (d) and subsections (e) and (f), and redesignating subsection (g) as subsection (e).

79 Stat. 349. 42 USC 1396b.

42 USC 1396d.

42 USC 1396g.

Determination of Amount of Exclusion for Disapproved Capital Expenditures by Institutions Reimbursed on Fixed Fee or Negotiated Rate Basis (z) The last sentence of section 1122(d)(1) of such Act is amended by inserting "or a fixed fee or negotiated rate" immediately after "per capita" each time that it appears therein.

86 Stat. 1386. 42 USC 1320a.l.

Technical Improvement of Authority To Include Expenses Related to Capital Expenditures in Certain Cases (z-1) Section 1122(d)(2) of such Act is amended by striking out "include" the last time that it appears therein and inserting "exclude" in lieu thereof. Conforming Amendments to Title X I of the Social Security Act (z-2)(1) Title X I of the Social Security Act is amended— (A) in section 1101(a)(1), by— (i) striking out "I.", "X,". "XIV,", and "XVI,", and (ii) by adding at the end of such section 1101(a) the following new sentence: "In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and X IV, and title X VI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term 'State' when used in such titles (but not in title X VI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam.", (B) in section 1115. by— (i) inserting (in the matter preceding subsection (a)) " VI, " immediately after "title I,", (ii) inserting (in subsection (a)) "602," immediately after "402,", and (iii) inserting (in subsection (b)) "603," immediately after "403,", and ^

42 USC 1301,

42 USC 301, 1201, 1351, 1381, 86 Stat. 1465.

42 USC 1315.

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text:
Page:United States Statutes at Large Volume 87.djvu/1006

 974

PUBLIC LAW 93-233-DEC. 31, 1973

BiltT9iT'' 42 USC 1316

Effective date.

[87 STAT.

(C) in section 1116, by (i) inserting (in subsection (a)(1)) " VI, " immediately after "title I,", (ii) inserting (in subsection (a)(3)) "604," immediately after "404,", -'' (iii) inserting (in subsection (b)) " VI, " immediately after "title I,", and (iv) inserting (in subsection (d)) "VI," immediately after "title I,". ^2) The amendments made by this subsection shall be effective on and after January 1, 1974. Effective Dates

42 USC 1395f.

,

^

86 Stat. 1484. ^^25 USC 639

42 USC 603.

86 Stat. 1465. 42 USC 1381.

42 USC 301, 201, 1351, 1381.

( z - 3)(l) The amendments made by subsections (g), (h), (j), and (1) shall be effective January 1, 1974. (2) The amendments made by subsection (k) shall be effective with respect to admissions subject to the provisions of section 1814(a)(2) of the Social Security Act which occur after December 31, 1972. (3) The amendments made by subsections (m) and (n) shall be effective with respect to services provided after June 30, 1973. (4) The amendments made by subsections (o) and (u) shall be effective July 1, 1973. MODinCATIOX o r PRO VISION'S ESTABLISHIXG SUPPLEMEXTAL SECURITY IXCOME PROGRAM

SEC. 19. (a) Section 303(c) of the Social Security Amendments of i72 ig amended to read as follows: ,,^^^ Section 9 of the Act of April 19, 1950 (64 Stat. 47) is amended to read as follows: " 'SEC. 9. Beginning with the quarter commencing July 1. 1950. the Secretary of the Treasury shall pay quarterly to each State (from sums made available for making payments to the States under section 403(a) of the Social Security Act) an amount, in addition to the amount prescribed to be paid to such State under such section, equal to 80 per centum of the total amount of contributions by the State toward expenditures during the preceding quarter by the State, under the State plan approved under the Social Security Act for aid to dependent children to Xavajo and Hopi Indians residing within the boundaries of the State on reservations or on allotted or trust lands, with respect to AA'hom ijayments are made to the State by the United States under section 403(a) of the Social Security Act, not counting so much of such expenditure to any individual for any month as exceeds the limitations prescribed in such section.'." (b) Notwithstanding the provisions of section 301 of the Social Security Amendments of 1972, the Secretary of Health, Education, and Welfare shall make payments to the 50 States and the District of Columbia after December 31, 1973, in accordance with the provisions of the Social Security Act as in effect prior to January 1, 1974, for (1) activities carried out through the close of December 31, 1973, under gtate plans approved under title I, X, X IV, or X VI, of such Act, and ^2) administrative activities carried out after December 31, 1973, which such Secretary determines are necessary to bring to a close actiA'ities carried out under such State plans. PROVISIONS RELATING TO UNEMPLOYMENT COMPENSATION

26 USC 3'3°04

SEC. 20. Section 203(2) of the Federal-State Extended T^nemploymeiit Compensation Act of 1970 is amended by adding at the end

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Page:United States Statutes at Large Volume 87.djvu/1007

 87 STAT.]

PUBLIC LAW 93-234-DEC. 31, 1973

975

thereof the following new sentence: "Effective with respect to compensation for weeks of unemployment beginning before April 1, 1974, and beginning after December 31, 1973 (or, if later, the date established pursuant to State law), the State may by law provide that the determination of whether there has been a State 'on' or 'off' indicator be^nning or ending any extended benefit period shall be made under this subsection as if paragraph (1) did not contain subparagraph (A) thereof.". Approved December 31, 1973. Public Law 93-234 AN ACT To expand the national flood insurance program by substantially increasing limits of coverage and total amount of insurance authorized to be outstanding and by requiring knownflood-pronecommunities to participate in the program, and for other purposes.

December 31, 1973 [H. R. 8449]

Be it enacted by the Senate and House of Representatives of the Flood Disaster United States of America in Congress assembled, That this Act may Protection Act of be cited as the "Flood Disaster Protection Act of 1973". 1973. FINDINGS A N D DECLARATION OF PURPOSE

SEC. 2. (a) The Congress finds that— (1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards; (2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities; (3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended; (4) Federal instrumeiitalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;

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Page:United States Statutes at Large Volume 87.djvu/1008

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PUBLIC LAW 93-234-DEC. 31, 1973 '

A

'

[87

STAT.

(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and (6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adec[uate limits of coverage, so that they will be indemnified for their losses in the event of future flood disasters, (b) The purpose of this Act, therefore, is to— (1) substantially increase the limits of coverage authorized under the national flood insurance program; (2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas; (3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and (4) require the purchase of flood insurance by property owners •who are being assisted by Federal programs or by lederally supervised, reflated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be V located in identified areas having special flood hazards. DEFINITIONS

„

SKC. 8. (a) As used in this Act, unless the context otherwise requires, the term— (1) "community" means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards; (2) "Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (8) "financial assistance" means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States;

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Page:United States Statutes at Large Volume 87.djvu/1009

 87 STAT.]

PUBLIC LAW 9 3 - 2 3 4 - D E C. 31, 1973

977

(4) "financial assistance for acquisition or construction purposes" means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any 42u?c44o/' subsequent Act of Congress which supersedes or modifies the note. Disaster Relief Act of 1970; (5) "Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions" means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and (6) "Secretary" means the Secretary of Housing and Urban Development. (b) The Secretary is authorized to define or redefine, by rules and regulations, any scientific or technical term used in this Act, insofar as such definition is not inconsistent with the purposes of this Act. TITLE I—EXPANSION OF NATIONAL FLOOD INSURANCE PROGRAM IXCREASED LIMITS OF COVERAGE

SEC. 101. (a) Section 1306(b)(1)(A) of the National Flood Insurance Act or 1968 is amended to read as follows: " (A) in the case of residential properties— "(i) $35,000 aggregate liability for any single-family dwelling, and $100,000 for any residential structure containing more than one dwelling unit, "(ii) $10,000 aggregate liability per dwelling unit for any contents related to such unit, and ''(iii) in the States of Alaska and Hawaii, and in the Virgin Islands and Guam, the limits provided in clause (i) of this sentence shall be: $150,000 aggregate liability for any single-family dwelling, and $150,000 for any residential structure containing more than one dwelling unit;".

22.180 0 - 7 5 - 6 4

^^ ^^^ IJ^^*

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Page:United States Statutes at Large Volume 87.djvu/1010

 978 82 Stat. 575. 42 USC 4013.

85 Stat. 775.

83 Stat. 397. 42 USC 4012.

PUBLIC LAW 93-234-DEC. 31, 1973

[87 STAT.

(b) Section 1306(b)(1)(B) of such Act is amended by striking out "$30,000" and "$5,000" wherever they appear and inserting in lieu thereof "$100,000". (c) Section 1306(b)(1)(C) of such Act is amended to read as follows: " (C) in the case of church properties and any other properties which may become eligible -for flood insurance under section 1305— "(i) $100,000 aggregate liability for any single structure, and "(ii) $100,000 aggregate liability per unit for any contents related to such unit; and." REQUIREMENT TO P U R C H A S E FLOOD INSURANCE

82 Stat. 572. 42 USC 4001 note.

State-owned property, exemption. L i s t, publication.

SEC. 102. (a) After the expiration of sixty days following the date of enactment of this Act, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Secretary as an area having special flood hazards and in which the sale of flood insurance lias been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property to which such financial assistance relates is, during the anticipated economic or useful life of the project, covered by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less: Provided, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. (b) Each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation direct such institutions not to make, increase, extend, or renew after the expiration of sixty days following the date of enactment of this Act any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance in an amount at least equal to the outstanding principal balance of the loan or to the maximum limit of coverage made available with respect to the particular type of property under the Act, whichever is less. (c) Notwithstanding the other provisions of this section, flood insurance shall not be required on any State-owned property that is covered under an adequate State policy of self-insurance satisfactory to the Secretary. The Secretary shall publish and periodically revise the list of States to which this subsection applies. ESTABLISHMENT O r CHARGEABLE RATES

82 Stat. 576. 42 USC 4015.

SEC. 103. Section 1308 of the National Flood Insurance Act of 1968 is amended by striking out subsection (c) and inserting in lieu thereof the following new subsection: "(c) Notwithstanding any other provision of this title, the chargeable rate with respect to any property, the construction or substantial improvement of which the Secretary determines has been started after

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Page:United States Statutes at Large Volume 87.djvu/1011

 87

STAT.]

979

PUBLIC LAW 93-234-DEC. 31, 1973

December 31, 1974, or the effective date of the initial rate map published by the Secretary under paragraph (2) of section 1360 for the area in which such property is located, whichever is later, shall not be less than the applicable estimated risk premium rate for such area (or subdivision thereof) under section 1307(a)(1).''.

82 Stat. 587. 42 USC 4 1 0 1.

42 USC 4014.

FINANCING

SEC. 104. Section 1309(a) of the National Flood Insurance Act of 1968 is amended by striking out all after the semicolon and inserting 82 Stat. 577. 42 USC 4016. in lieu thereof the following: "except that the total amount of notes and obligations which may be issued by the Secretary pursuant to such authority (1) without the approval of the President, may not exceed $500,000,000, and (2) with the approval of the President, may connot exceed $1,000,000,000. The Secretary shall report to the Committee g r Report a to comession l on Banking and Currency of the House of Representatives and the m i t t e e s. Committee on Banking, Housing and Urban Affairs of the Senate at any time when he requests the approval of the President in accordance with the preceding sentence,". PROGRAM

EXPIRATION

SEC. 105. Section 1319 of the National Flood Insurance Act of 1968 is amended to read as follows: 'PROGRAM

82 Stat. 5 8 1. 42 USC 4026.

EXPIRATION

"SEC. 1319. No new contract for flood insurance under this title shall be entered into after June 30, 1977.". EMERGENCY IMPLEMENTATION or

PROGRAM

SEC. 106. Subsection (a) of section 1336 of the National Flood Insurance Act of 1968 is amended by striking the date "December 31, 1973" and inserting in lieu thereof "December 31, 1975". DEFINITION o r

FLOOD

,

83 Stat. 396; 85 Stat. 7 7 5. 42 USC 4056.

^ ^

SEC, 107. Section 1370(b) of the National Flood Insurance Act of 1968 is amended by inserting "proximately" before "caused".

82 Stat. 588; 83 Stat. 3 9 7. 42 USC 4 1 2 1.

EXTENSION or FLOOD INSURANCE PROGRAM TO COVER LOSSES FROM EROSION A N D U N D E R M I N I N G OF S H O R E L I N E S

SEC. 108. (a) Section 1302 of the National Flood Insurance Act of 1988 is amended by adding at the end thereof the following new subsection: " (g) The Congress also finds that (1) the damage and loss which may result from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels is related in cause and similar in effect to that which results directly from storms, deluges, overflowing; waters, and other forms of flooding, and (2) the problems involved m providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. I t is therefore the further purpose of this title to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this title for purposes of the flood insurance program, protection against damage and loss resulting from the erosion and undermining of shorelines by waves

42 USC 4001,

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Page:United States Statutes at Large Volume 87.djvu/1012

 980

PUBLIC LAW 93-234-DEC. 31, 1973

82 Stat. 588; !3 Stat. 397. 42 USC 4 1 2 1. "Flood."

or currents in lakes and other bodies of water exceeding anticipated cyclical levels.". (b) Section 1370 of such Act is amended by adding at the end thereof the following new subsection: "(c) The term 'flood' shall also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of Avater exceeding anticipated cyclical levels, and all of the provisions of this title shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods described in paragraph (1), subject to and in accordance with such regulations, modifying the provisions of this title (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Secretary may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this title and the objectives of the program.". E S T I M A T E S OF P R E M I U M

82 Stat. 576. 42 USC 4014.

Ante,

p. 975.

[87 STAT.

RATES

SEC. 109. Section 1307 of the National Flood Insurance Act of 1968 is amended by adding at the end thereof the following new subsection: " (d) Notwithstanding any other provision of law, any structure existing on the date of enactment of the Flood Disaster Protection Act of 1973 and located within Avoyelles, Evangeline, Rapides, or Saint Landry Parish in the State of Ivouisiana, which the Secretary determines is subject to additional flood hazards as a result of the construction or operation of the Atchafalaya Basin Levee System, shall be eligible for flood insurance under this title (if and to the extent it is eligible for such insurance under the other provisions of this title) at premium rates that shall not exceed those which would be applicable if such additional hazards did not exist.". APPEALS

82 Stat. 587. 42 USC 4 1 0 1.

SEC. 110. Chapter III of the National Flood Insurance Act of 1968 is amended by adding at the end thereof the following new section: aA P P E A L S

42 USC 4102. Publication in Federal Register.

Flood elevation determinations, publication.

"SEC. 1363. (a) In establishing projected flood elevations for land use purposes with respect to any community pursuant to section 1361, the Secretary shall first propose such determinations by publication for comment in the Federal Register, by direct notification to the chief executive officer of the community, and by publication in a prominent local newspaper. "(b) The Secretary shall publish notification of flood elevation determinations in a prominent local newspaper at least twice during the ten-day period following notification to the local government. During the ninety-day period following the second publication, any owner or lessee of real property within the community who believes his property rights to be adversely affected by the Secretary's proposed determination may appeal such determination to the local government. The sole basis for such appeal shall be the possession of knowledge or information indicating that the elevations being proposed by the Secretary with respect to an identified area having special flood hazards are scientifically or technically incorrect, and the sole relief which shall be granted under the authority of this section in the event that such appeal is sustained in accordance with subsection (e) or (f) is a modification of the Secretary's proposed determination accordingly.

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Page:United States Statutes at Large Volume 87.djvu/1013

 87

STAT.]

PUBLIC LAW 9 3 - 2 3 4 - D E C. 31, 1973

981

"(c) Appeals by private persons shall be made to the chief execu- ,fy^'^"'e,g^ng tive officer of the community, or to such agency as he shall publicly ^^""'" pe"on»designate, and shall set forth the data that tend to negate or contradict the Secretary's finding in such form as the chief executive officer may specify. The community shall review and consolidate all such appeals and issue a written opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such persons by the community in its own name. Whether or not the community decides to appeal the Secretary's determination, copies of individual appeals shall be sent to the Secretary as they are received by the community, and the community's appeal or a copy of its decision not to appeal shall be filed with the Secretary not later than ninety days after the date of the second newspaper publication of the Secretary's notification. " (d) I n the event the Secretary does not receive an appeal from the R e v i e w. community within the ninety days provided, he shall consolidate and review on their own merits, in accordance with the procedures set forth in subsection (e), the appeals filed within the community by private persons and shall make such modifications of his proposed determinations as may be appropriate, taking into account the written opinion, if any, issued by the community in not supporting such appeals. The Secretary's decision shall be in written form, and copies thereof shall be sent both to the chief executive officer of the community and to each individual appellant. "(e) Upon appeal by any community, as provided by this section, the Secretary shall review and take fully into account any technical or scientific data submitted by the community that tend to negate or contradict the information upon which his proposed determination is based. The Secretary shall resolve such appeal by consultation with officials of the local government involved, by administrative hearing, or by submission of the conflicting data to an independent scientific body or appropriate Federal agency for advice. Until the conflict in data is resolved, and the Secretary makes a final determination on the basis of his findings in the Federal Register, and so notifies the governing body of the community, flood insurance previously available within the community shall continue to be available, and no person shall be denied the right to purchase such insurance at chargeable rates. The Secretary shall make his determination within a reasonable time. The community shall be given a reasonable time after the Secretary's final determination in which to adopt local land use and control measures consistent with the Secretary's determination. The ^'^.^°'^^."°"' reports and other information used by the Secretary in making his a v a i l a b i l i"". °"°"'°'^' t y final determination shall be made available for public inspection and shall be admissible in a court of law in the event the community seeks judicial review as provided by this section. "(f) Any appellant aggrieved by any final determination of the Secretary upon administrative appeal, as provided by this section, may appeal such determination to the United States district court for the district within which the community is located not more than sixty days after receipt of notice of such determination. The scope of review by the court shall be as provided by chapter 7 of title 5, 9 United State Code. During the pendency of any such litigation, all 80u Stat. 7 3 1.2. 5 se 0 final determinations of the Secretary shall be effective for the purposes of this title unless stayed by the court for good cause shown.". FLOOD INSURANCE P R E M I U M EQUALIZATION P A Y M E N T S

SEC. 111. Section 1334 of the National Flood Insurance Act of 1968 is amended by striking out subsection (b) and by redesignating subsection " (c) " as subsection " (b) ".

H use/o54.

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Page:United States Statutes at Large Volume 87.djvu/1014

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PUBLIC LAW 93-234-DEC. 31, 1973

[87

STAT.

TITLE II—DISASTEE MITIGATION REQUIREMENTS ' NOTIFICATION TO FLOOD-PRONE AREAS

82 Stat. 587. 42 USC 4 1 0 1.

Public hearing.

Notifications to other community officers.

SEC. 201. (a) Not later than six months following the enactment of this title, the Secretary shall publish information in accordance with subsection 1360(1) of the National Flood Insurance Act of 1968, and shall notify the chief executive officer of each known flood-prone community not already participating in the national flood insurance program of its tentative identification as a community containing one or more areas having special flood hazards. (b) After such notification, each tentatively identified community shall either (1) promptly make proper application to participate in the national flood insurance program or (2) within six months submit technical data sufficient to establish to the satisfaction of the Secretary that the community either is not seriously flood prone or that such flood hazards as may have existed have been corrected by floodworks or other flood control methods. The Secretary may, in his discretion, grant a public hearing to any community with respect to which conflicting data exist as to the nature and extent of a flood hazard. If the Secretary decides not to hold a hearing, the community shall be given an opportunity to submit written and documentary evidence. Whether or not such hearing is granted, the Secretary's final determination as to the existence or extent of a flood hazard area in a particular community shall be deemed conclusive for the purposes of this Act if supported by substantial evidence in the record considered as a whole. (c) As information becomes available to the Secretary concerning the existence of flood hazards in communities not known to be flood prone at the time of the initial notification provided for by subsection (a) of this section he shall provide similar notifications to the chief executive officers of such additional communities, which shall then be subject to the requirements of subsection (b) of this section. (d) Formally identified flood-prone communities that do not qualify for the national flood insurance program within one year after such notification or by the date specified in section 202, whichever is later, shall thereafter be subject to the provisions of that section relating to flood-prone communities which are not participating in the program. E F F E C T OF N O N PARTICIPATION I N FLOOD INSURANCE PROGRAM

SEC. 202. (a) No Federal officer or agency shall approve any financial assistance for acquisition or construction purposes on and after July 1, 1975, for use in any area that has been identified by the Secretary as an area having special flood hazards unless the community in which such area is situated is then participating in the national flood insurance program. (b) Each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation prohibit such institutions on and after July 1, 1975, from making, increasing, extending, or renewing any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary as an area having special flood hazards, unless the community in which such area is situated is then participating in the national flood insurance program. REPEAL OF DISASTER ASSISTANCE P E N A L T Y Repeal. 82 Stat. 579. 42 USC 4 0 2 1.

^

•

SEC. 203. Section 1314 of the National Flood Insurance Act of 1968 is repealed.

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Page:Queen Moo and the Egyptian Sphinx.djvu/88

 the contour of the eastern coasts of the American continent, placing the head at Newfoundland, the knees at Cape St. Roque, and the feet at Cape Horn, it is easy to perceive that they are identical. The shallow basin held on the belly of the statue, between the hands, would then be symbolical of the Gulf of Mexico and of the Caribbean Sea.

Again, the outlines of the profile of the statue may also represent with great accuracy the eastern shores of the Maya Empire — the head being the peninsula of Yucatan, anciently the seat of the government ; the knees would then correspond to Cape Gracias á Dios, in Nicaragua; the feet to the Isthmus of Darien, the southern boundary of the empire; and the shallow basin on the belly would in that case stand for the Bay of Honduras, part of the Caribbean Sea. The Antilles were known to the Mayas as the "Land of the Scorpion," Zinaan, and were represented by the Maya hierogrammatist by the figure of that arachnid, or in his cursive writing by this other proof evident that he was as well acquainted as we are with the general outlines of the archipelago.


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Page:United States Statutes at Large Volume 87.djvu/1015

 87 STAT. ]

PUBLIC LAW 93-234-DEC. 31, 1973

983

ACCELERATED I D E N T I F I C A T I O N OF FLOOD-RISK ZONES

SEC. 204. (a) Section 1360 of the National Flood Insurance Act of 1968 is amended by inserting the designation " (a) " after "SEC. 1360." and adding at the end thereof the following new subsections: " (b) The Secretary is directed to accelerate the identification of risk zones within flood-prone and mudslide-prone areas, as provided by subsection (a)(2) of this section, in order to make known the degree of hazard within each such zone at the earliest possible date. To accomplish this objective, the Secretary is authorized, without regard to sections 3648 and 3709 of the Revised Statutes, as amended (31 U.S.C. 529 and 41 U.S.C. 5), to make grants, provide technical assistance, and enter into contracts, cooperative agreements, or other transactions, on such terms as he may deem appropriate, or consent to modifications thereof, and to make advance or progress payments in connection therewith. "(c) The Secretary of Defense (through the Army Corps of Engineers), the Secretary of the Interior (through the United States Geological Survey), the Secretary of Agriculture (through the Soil Conservation Service), the Secretary of Commerce (through the National Oceanic and Atmospheric Administration), the head of the Tennessee Valley Authority, and the heads of all other Federal agencies engaged in the identification or delineation of flood-risk zones within the several States shall, in consultation with the Secretary, give the highest practicable priority in the allocation of available manpower and other available resources to the identification and mapping of flood hazard areas and flood-risk zones, in order to assist the Secretary to meet the deadline established by this section.".

^ stau ssr. , ^^'^^l^^ ^^n^"^' l^c.V^uthoHll'tion.

'

AUTHORITY TO I S S U E REGULATIONS

S E C 205. (a) The Secretary is authorized to issue such regulations as may be necessary to carry out the purpose of this Act. (b) The head of each Federal agency that administers a program of financial assistance relating to the acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or facilities, and each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Secretary, issue appropriate rules and regulations to govern the carrying out of the agency's responsibilities under this Act.

i

C O N S U L T A T I O N W I T H LOCAL OFFICIALS

SEC. 206. I n carrying out his responsibilities under the provisions of this title and the National Flood Insurance Act of 1968 which ^2 stau^572^. relate to notification to and identification of flood-prone areas and the note. application of criteria for land management and use, including criteria derived from data reflecting new developments that may indicate the desirability of modifying elevations based on previous flood studies, the Secretary shall establish procedures assuring adequate consultation with the appropriate elected officials of general purpose local governments, including but not limited to those local governments whose prior eligibility under the program has been suspended. ' Such consultation shall include, but not be limited to, fully informing local officials at the commencement of any flood elevation study or investigation undertaken by any agency on behalf of the Secretary concerning the nature and purpose of the study, the areas involved, the manner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained. The

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Secretary shall encourage local officials to disseminate information concerning such study widely within the community, so that interested persons will have an opportunity to bring all relevant facts and technical data concerning the local flood hazard to the attention of the agency during the course of the study. TO P E R M I T N A T I O N A L B A N K S TO I N V E S T I N AGRICULTURAL CORPORATIONS

CREDIT

SEC. 207. That paragraph "Seventh"' of section 5136 of the Revised Statutes (12 U.S.C. 24) is amended by adding at the end thereof the following: "Notwithstanding any other provision in this paragraph, the association may purchase for its own account shares of stock issued by a corporation organized solely for the purpose of making loans to farmers and ranchers for agricultural purposes, including the breeding, raising, fattening, or marketing of livestock. However, unless the association owns at least 80 per centum of the stock of such agricultural credit corporation the amount invested by the association at any one time in the stock of such corporation shall not exceed 20 per centum of the unimpaired capital and surplus of the association.". F L E X I B L E I N T E R E S T RATE AUTHORITY FOR MOBILE H O M E LOANS

82 Stat. 113; 86 Stat. 405. 56 Stat. 305; 84 Stat. 1773. 12 USC. 1703.

S E C 208. Section 3(a) of the Act entitled "An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans' home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes", approved May 7, 1968, as amended (12 U.S.C. 1709-1), is amended by adding at the end thereof the following new sentence: "Notwithstanding the provisions of section 2(b) of the National Housing Act regarding the maximum interest rate which may be established for obligations with respect to which insurance is granted to financial institutions under section 2 of such Act, the Secretary of Housing and Urban Development is also authorized, until the date specified in the preceding sentence, to set the maximum interest rate for obligations with respect to which insurance is granted under such section, and which represent loans and advances of credit made for the purpose of financing purchases of mobile homes, at such level as he finds necessary to meet the loan market.". Approved December 31, 1973.

Public Law 93-235 January 2, 1974 [S. J. R e s. 1 8 2 ]

Economic report. Time e x t e n s i o n. 60 Stat. 24; 70 Stat. 289.

62 Stat. 16.

JOINT RESOLUTION Extending the datew for the transmission of the 1974 Economic Report and the report of the Joint Economic Committee.

Resolved by the Senate and House of Representatives of the United /States of America in Congress assembled, That (a) notwithstanding the provisions of section 3(a) of the Employment Act of 1946 (15 U.S.C. 1022(a)), the President shall transmit the 1974 Economic Report to the Congress not later than February 1, 1974, and (b) notwithstanding the provisions of clause (3) of section 5(b) of such Act (15 U.S.C. 1024(b)), the Joint Economic Committee shall file its report on the President's 1974 Economic Report with the Senate and the House of Representatives not later than March 13, 1974. Approved January 2, 1974.

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Public Law 93-236 AN ACT

January 2, 1974

To authorize and direct the maintenance of adequate and efficient rail services in the Midwest and Northeast region of the United States, and for other purposes.

[H. R. 9142]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, Re^or^'in'iziHon^ divided into titles and sections according to the following table of Act, of "973. contents, may be cited as the "Kegional Rail Reorganization Act of 1973". TABLE OF CONTENTS TITLE I—GENERAL PROVISIONS Sec. 101. Declaration of policy. Sec. 102. Definitions. TITLE II—UNITED STATES RAILWAY ASSOCIATION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215.

Formation and structure. General powers and duties of the Association. Access to information. Report. Rail Services Planning Office. Final system plan. Adoption of final system plan. Review by Congress. Judicial review. Obligations of the Association. Loans. Records, audit, and examination. Emergency assistance pending implementation. Authorization for appropriations. Maintenance and improvement of plant. TITLE III—CONSOLIDATED RAIL CORPORATION

Sec. 301. Formation and structure. Sec. 302. Powers and duties of the Corporation. Sec. 303. Valuation and conveyance of rail properties. Sec. 304. Termination of rail service. TITLE IV—LOCAL RAIL SERVICES Sec. 401. Findings and purposes. Sec. 402. Rail service continuation subsidies. Sec. 403. Acquisition and modernization loans. Sec, Sec, Sec, Sec Sec, Sec, Sec, Sec,

TITLE V—EMPLOYEE PROTECTION 501. Definitions. 502. Employment offers. 503. Assignment of work. 504. Collective-bargaining agreements. 505. Employee protection. 506. Contracting out. 507. Arbitration. 508. Acquiring railroads. 500. Payment of benefits. TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 801. Relationship to other laws. Sec. 602. Annual evaluation by the Secretary. Sec. 603. Freight rates for recyclables. See. 604. Separability.

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DECLARATION OF POLICY

SEC. 101. (a) FINDINGS.—The Congress finds and declares that— (1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the 30 sta^ 544.^^ Bankruptcy Act. 11 USC 1 note. ('2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans of reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization. (3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers. States and their political subdivisions, and consumers. (4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system. (5) Eail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest. (6) These needs cannot be met without substantial action by the Federal Government. (b) PURPOSES.—It is therefore declared to be the purpose of Congress in this Act to provide for— (1) the identification of a rail service system in the midwest and northeast region which is adequate to meet the needs and service requirements of this region and of the national rail transportation system; (2) the reorganization of railroads in this region into an economically viable system capable of providing adequate and efficient rail service to the region; (3) the establishment of the United States Railway Association, with enumerated powers and responsibilities; (4) the establishment of the Consolidated Rail Corporation, with enumerated powers and responsibilities; (5) assistance to States and local and regional transportation authorities for continuation of local rail services threatened with cessation; and (6) necessary Federal financial assistance at the lowest possible cost to the general taxpayer. DEFINITIONS

SEC. 102. As used in this Act, unless the context otherwise requires— (1) "Association" means the United States Railway Association, established under section 201 of this Act; (2) "Commission" means the Interstate Commerce Commission; (3) "Corporation" means the Consolidated Rail Corporation required to he established under section 301 of this Act;

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(4) "effective date of the final system plan" means the date on which the final system plan or any revised final system plan is deemed approved by Congress, in accordance with section 208 of this Act; (5) "employee stock ownership plan" means a technique of corporate finance that uses a stock bonus trust or a company stock money purchase pension trust which qualifies under section 401 (a) of the Internal Revenue Code of 1954 (26 U.S.C. 401(a)) in yg^stu VOQ'.'^' connection with the financing of corporate improvements, transfers in the ownership of corporate assets, and other capital requirements of a corporation and which is designed to build beneficial equity ownership of shares in the employer corporation into its employees substantially in proportion to their relative incomes, without requiring any cash outlay, any reduction in pay or other employee benefits, or the surrender of any other rights on the part of such employees. (6) "final system plan" means the plan of reorganization for the restructure, rehabilitation, and modernization of railroads in reorganization prepared pursuant to section 206 and approved pursuant to section 208 of this Act; (7) "includes" and variants thereof should be read as if the phrase "but is not limited to" were also set forth; (8) "Office" means the Rail Services Planning Office established under section 205 of this Act; (9) "profitable railroad" means a railroad which is not a railroad in reorganization. The term does not include the Corporation, the National Railroad Passenger Corporation, or a railroad leased, operated, or controlled by a railroad in reorganization in the region; (10) "rail properties" means assets or rights owned, leased, or otherwise controlled by a railroad which are used or useful in rail transportation service; except that the term, when used in conjunction with the phase "railroads leased, operated, or controlled by a railroad in reorganization", shall not include assets or rights owned, leased, or otherwise controlled by a Class I railroad which is not wholly owned, operated, or leased by a railroad in reorganization but is controlled by a railroad in reorganization; (11) "railroad" means a common carrier by railroad as defined in section 1(3) of part I of the Interstate Commerce Act (49 U.S.C. 1 (3)). The term includes the Corporation and the 4i Stat. 474; National Railroad Passenger Corporation; (12) "railroad in reorganization" means a railroad which is subject to a bankruptcy proceeding and which has not been determined by a court to be reorganizable or not subject to reorganization pursuant to this Act as prescribed in section 207(b) of this Act. A "bankruptcy proceeding" includes a proceeding pursuant to section 77 of the Bankruptcy Act (11 U.S.C. 205) and an equity ^9 Stat. 911; !•

•

1

i. T

^

J

receivership or equivalent proceeding; (13) "Region" means the States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Ohio, Indiana, Michigan, and Illinois; the District of Columbia; and those portions of contiguous States in which are located rail properties owned or operated by railroads doing business primarily in the aforementioned jurisdictions (as determined by the Commission by order); (14) "Secretary" means the Secretary of Transportation or his delegate, unless the context indicates otherwise; and (15) "State" means any State or the District of Columbia.

76 Stat. 572.

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TITLE II—UNITED STATES RAILWAY ASSOCIATION FORMATION AND STRUCTURE

^

'

76 Stat. 265.

SEC. 201. (a^ ESTABLISHMENT.—There is established, in accordance with the provisions of this section, an incorporated nonprofit association to be known as the United States Railway Association. (b) ADMINISTRATION.—The Association shall be directed by a Board of Directors. The individuals designated, pursuant to subsection (d) (2) of this section, as the Government members of such Board shall be deemed the incorporators of the Association and shall take whatever steps are necessary to establish the Association, including filing of articles of incorporation, and serving as an acting Board of Directors for a period of not more than 45 days after the date of incorporation of the Association. (c) STATUS.—The Association shall be a government corporation of the District of Columbia subject, to the extent not inconsistent with this title, to the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-1001 et seq.). Except as otherwise provided, employees of the Association shall not be deemed employees of the Federal Government. The Association shall have succession until dissolved by Act of Congress, shall maintain its principal office in the District of Columbia, and shall be deemed to be a resident of the District of Columbia with respect to venue in any legal proceeding. (d) BOARD OF DIRECTORS.—The Board of Directors of the Associa-

X

Compensation,

tion shall consist of 11 individuals, as follows: (1) the Chairman, a qualified individual who shall be appointed by the President, by and with the advice and consent of the Senate; (2) three Government members, who shall be the Secretary, the Chairman of the Commission, and the Secretary of the Treasury, or their duly authorized representatives; and (3) seven nongovernment members, who shall be appointed by the President, by and with the advice and consent of the Senate, on the following basis— (A) one to be selected from a list of qualified individuals recommended by the Association of American Railroads or its successor who are representatives of profitable railroads; (B) one to be selected from a list of qualified individuals recommended by the American Federation of Labor and Congress of Industrial Organizations or its successor who , are representative of railroad labor; (C) one to be selected from a list of qualified individuals recommended by the National Governors Conference; (D) one to be selected from a list of qualified individuals recommended by the National League of Cities and Conference of Mayors; (E) two to be selected from lists of qualified individuals recommended by shippers and organizations representative of significant shipping interests including small shippers; (F) one to D selected from lists of qualified individuals © recommended by financial institutions, the financial community, and recognized financial leaders. As used in this paragraph, a list of qualified individuals shall consist of not less than three individuals. Except for the members appointed under paragraphs (1) and (3) (A), (B), (E), and (F), no member of the Board may have any employment or other direct financial relationship with any railroaa. j ^ member of the Board who is not otherwise an employee of the Fed-

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PUBLIC LAW 9 3 - 2 3 6 - J A N. 2, 1974

• ',--:^-''^^.:. i

eral Government may receive $300 per diem when engaged in the actual performance of his duties plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. (e) TERMS OF OrricE.—The terms of office of the nongovernment members of the Board of Directors of the Association first taking office shall expire as designated by the President at the time of nomination—two at the end of the second year; two at the end of the fourth year; and three at the end of the sixth year. The term of office of the Chairman of such Board shall be 6 years. Successors to members of such Board shall be appointed in the same manner as the original members and, except m the case of government members, shall have terms of office expiring 6 years from the date of expiration of the terms for which their predecessors were appointed. Any individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. (f) QUORUM.—Beginning 45 days after the date of incorporation of the Association, six members of the Board, including three of the nongovernment members, shall constitute a quorum for the transaction of any function of the Association. (g) PRESIDENT.—The Board of Directors of the Association, upon the recommendation of the Secretary, shall appoint a qualified individual to serve as the President of the Association at the pleasure of the Board. The President of the Association, subject to the direction of the Board, shall manage and supervise the affairs of the Association. (h) EXECUTIVE COMMITTEE.—The Board of Directors of the Association shall have an executive committee which shall consist of the Chairman of the Board, the Secretary, the Chairman of the Commission, and two other members who shall be selected by the members of the Board. (i) MISCELLANEOUS.—(1) The Association shall have a seal which shall be judicially recognized. (2) The Administrator of General Services shall furnish the Association with such offices, equipment, supplies, and services as he is authorized to furnish to any other agency or instrumentality of the United States. (3) The Secretary is authorized to transfer to the Association or the Corporation rights in intellectual property which are directly related to the conduct of the functions of the Association or the Corporation, to the extent that the Federal Government has such rights and to the extent that transfer is necessary to carry out the purposes of this Act. (j) U S E OF NAMES.—No person, except the Association, shall hereafter use the words "United States Kailway Association" as a name for any business purpose. No person, except the corporation directed to be established under section 301 of this Act, shall hereafter use the words "Consolidated Kail Corporation" as a name for any business purpose. Violations of these provisions may be enjoined by any court of general jurisdiction in an action commenced by the Association or the Corporation. I n any such action, the Association or the Corporation may recover any actual damages flowing from such violation, and, in addition, shall be entitled to punitive damages (regardless of the existence or nonexistence of actual damage) in an amount not to exceed $100 for each day during which such violation was committed. The district courts of the United States shall have jurisdiction over actions brought under this subsection, without regard to the amount in controversy or the citizenship of the parties.

989

Penalty.

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,

PUBLIC LAW 93-236-JAN. 2, 1974 GENERAL POWERS A N D D U T I E S OF THE

^

80 Stat. 460; J3 Stat. 864.

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^^^'^y-

[87 STAT.

ASSOCIATION

SEC. 202. (a) GENERAL.—To carry out the purposes of this Act, the Association is authorized to— (1) engage in the preparation and implementation of the final system plan; (2) issue obligations under section 210 of this title and make loans under section 211 of this title; (3) provide assistance to States and local or regional transportation authorities in accordance with section 403 of this Act; (4) sue and be sued, complain and defend, in the name of the Association and through its own attorneys; adopt, amend, and repeal bylaws governing the operation of the Association and such rules and regulations as are necessary to carry out the authority granted under this Act; conduct its affairs, carry on operations, and maintain offices; (5) appoint, fix the compensation, and assign the duties of such attorneys, agents, consultants, and other full- and part-time employees as it deems necessary or appropriate; except that (1) no officer of the Association, including the Chairman, may receive compensation at a rate in excess of that prescribed for level I of the Executive Schedule under section 5312 of title 5, United States Code; and (2) no individual may hold a position in violation of regulations which the Secretary shall establish to avoid conflicts of interest and to protect the interests of the public; (6) acquire and hold such real and personal property as it deems necessary or appropriate in the exercise of its responsibilities under this Act, and to dispose of any such property held by it; (7) consult with the Secretary of the Army and the Chief of Engineers and request the assistance of the Corps of Engineers, and the Secretary of the Army may direct the Corps of Engineers to cooperate fully with the Association, the Corporation, or any entity designated in accordance with section 206(c)(1)(C) in order to carry out the purposes of this Act; (8) consult on an ongoing basis with the Chairman of the Federal Trade Commission and the Attorney General to assess the possible anticompetitive effects of various proposals and to negotiate provisions which would, to the greatest extent practicable in accordance with the purposes of this Act and the goal set forth 7 in section 206(a)(5) of this title, alleviate any such anticompetitive effects; (9) consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as it deems advisable; and (10) enter into, without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its functions and duties with any person V (including a government entity). (b) DUTIES.—In addition to its duties and responsibilities under other provisions of this Act, the Association shall— (1) prepare a survey of existing rail services in the region, including patterns of traffic movement; traffic density over identified lines; pertinent costs and revenues of lines; and plant, equipment, and facilities (includng yards and terminals); (2) prepare an economic and operational study and analysis of present and future rail service needs in the region; the nature and volume of the traffic in the region now being moved by rail or

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likely to be moved by rail in the future; the extent to which available alternative moaes of tmnsportation could move such traffic as is now carried by railroads in reorganization; the relative economic, social, and environmental costs that would be involved in the use of such available alternative modes, including energy resource costs; and the competitive or other effects on profitable railroads; (3) prepare a study of rail passenger services in the region, in terms of scope and quality; (4) consider the views of the Office and of all government officials and persons who submit views, reports, or testimony under section 205(d)(1) of this title or in the course of proceedings conducted by the Office; (5).consider methods of achieving economies in the cost of rail system operations in the region including consolidation, pooling, and joint use or operation of lines, facilities, and operating equipment; relocation; rehabilitation and modernization of equipment, track, and other facilities; and abandonment of lines consistent with meeting needs and service requirements; together with the anticipated economic, social, and environmental costs and benefits of each such method; (6) consider the effect on railroad employees of any restructuring of rail services in the region; (7) make available to the Secretary, the Director of the Office and appropriate committees of the Congress all studies, data, and other information acquired or developed by the Association. (c) INVESTMENT OF FUNDS.—Uncommitted funds of the Association shall be kept in cash on hand or on deposit, or invested in obligations of the United States or guaranteed thereby, or in obligations, participations, or other investments which are lawful investments for fiduciary, trust, or public funds. (d) EXEMPTION FROM TAXATION.—The Association, including its franchise, capital reserves, surplus, security holdings, and income shall be exempt from all taxation now or hereafter imposed by the United States, any commonwealth, territory, dependency, or possession thereof, or by any State or political subdivision thereof, except that any real property of the Association shall be subject to taxation to the same extent according to its value as other real property is taxed. (e) ANNUAL REPORT.—The Association shall transmit to the Con- gres7°and°pfe°s"~ gress and the President, not later than 90 days after the end of each dent. fiscal year, a comprehensive and detailed report on all activities of the Association during the preceding fiscal year. Each such report shall include (1) the Association's statement of specific and detailed objectives for the activities and programs conducted and assisted under this Act; (2) statements of the Association's conclusions as to the effectiveness of such activities and programs in meeting the stated objectives and the purposes of this Act, measured through the end of the preceding fiscal year; (3) recommendations with respect to any legislation or administrative action which the Association deems necessary or desirable; (4) a statistical compilation of the obligations issued and loans made under this Act; (5) a summary of outstanding problems confronting the Association, in order of priority; (6) all other information required to be submitted to the Congress pursuant to any other provision of this Act; and (7) the Association's projections and f)lans for its activities and programs during the next fiscal year. (f) BUDGET.—The receipts and disbursements of the Association (other than administrative expenses referred to in subsection (g) of

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