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TOLL ROAD REIMBURSEMENT PROGRAM

SEC. 149. (a) Whenever the State of Louisiana has received its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or on or after July 1, 1977, whichever first occurs, the Secretary shall, notwithstanding the provisions of subsection (b) of section 129 of title 23 of the United States Code, reimburse ^"'«' P- 259. the Federal share of the actual cost of construction of new toll highways or improvements to existing toll highways in that State, construction of which highways or improvement is begun after July 1, 1973, but not including the cost of toll collection and service facilities, on the same basis and in the same manner as in the construction of free highways under chapter 1 of title 23 of the United States Code upon ^^ sta^. sss. compliance with the conditions contained in this section. (b) The Secretary shall reimburse the Federal share of the costs of construction as applicable to a project under section 120(a) of title 23 of the United States Code from funds apportioned to such State pur- g/statfVr^is!' suant to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code whenever the State enters into an agreement Ante, p. 256,. with the Secretary whereby it undertakes performance of the following obligations: (1) to provide for the construction of such highway in accordance with standards approved by the Secretary; (2) all tolls received from the operation of such highway, less the actual cost of such operation and maintenance, shall be applied by the State to the repayment of the actual costs of construction, except for an amount equal to the Federal share payable of such actual costs of a project; and (3) no tolls shall be charged for the use of such highway after the Federal share has been paid and the highway shall be maintained and operated as a free highway. Upon the enactment of this section the Secretary shall, at the request of the State of Louisiana, enter into an agreement with that State if such agreement meets the requirements of this subsection. Reimbursements shall not be made until after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System or July 1, 1977, whichever first occurs. (c) Such highway shall be designated as a part of the Federal-aid primary system, other than the Interstate System, before the payment of any Federal funds under this section, notwithstanding the mileage limitations in subsection (b) of section 103 of title 23 of the United States Code. Ante, p. 274. (d) The Federal share payable of such actual cost of the project shall be made in not more than fifteen equal annual installments, from the funds apportioned to the State pursuant to paragraph (1) of subsection (b) of section 104 of title 23 of the United States Code, with the first installment being made either (1) one year after the project agreement has been entered into between the Secretary and the State highway department or (2) either one year after the State receives its final apportionment of sums authorized to be appropriated for expenditure on the Interstate System, or July 1, 1977, whichever first occurs, whichever of such clause (1) or (2) is last to occur. Such payment shall be applied against the outstanding obligations of the project. PARKWAYS

SEC. 150. (a) Subsection (a) of section 207 of title 23, United States Code, is amended to read as follows:

72 Stat. 908.

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PUBLIC LAW 93-87-AUG. 13, 1973

" (a) Funds available for parkways shall be used to pay for the cost of construction and improvement thereof, including the acquisition of rights-of-way and related scenic easements." ^i^^ Section 207 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: " (d) Any parkway project on a Federal-aid system shall be subject to all of the requirements of this title and of any other law applicable to highways on such system." RESEARCH A N D

77 Stat. 277. Ante, p. 256.

[87 STAT.

PLANNING

SEC. 151. Subsection (c)(1) of section 307 of title 28, United States Code, is amended to read as follows: "(c)(1) Not to exceed 11^ per centum of the sums apportioned for each fiscal year beginning with fiscal year 1974 to any State under section 104 of this title shall be available for expenditure upon request of the State highway department, with the approval of the Secretary, with or without State funds, for engineering and economic surveys and investigations; for the planning of future highway programs and local public transportation systems and for planning for the financing thereof; for studies of the economy, safety, and convenience of highway usage and the desirable regulation and equitable taxation thereof; and for research and development, necessary in connection with the planning, design, construction, and maintenance of highways and highway systems, and the regulation and taxation of their use." TEC^HNICAL AMENDMENTS

72 Stat. 885. 84 Stat. 1734.

72 Stat. 901, ^

914

SEC. 152. Title 23, United States Code, is amended as follows: (1) Section 101(a) is amended by striking out "Secretary of (Commerce" and inserting in lieu thereof "Secretary of Transportation". (2) Section 109(g) is amended by striking out "Ret" and inserting in lieu thereof "Act". (3) Sections 126(a) and 310 are amended by striking out "Commerce" each place it appears and inserting in lieu thereof "Transportation". (4) The heading of section 303 is amended to read: "Administration organization.*' (5) Sections 308(b), 309, 312, and 314 are amended by striking out "Bureau of Public Roads" each place it appears and inserting in lie\i thereof "Federal Highway Administration". (6) Sections 312 and 314 are amended by striking out "Commerce" each place it appears and inserting in lieu thereof "Transportation". INCREASED FEDERAL S H A R E — EFFECTIVE DATE

^i ^*^*-/Ji^-

SEC. 153. Subsection (b) of section 108 of the Federal-Aid Highway Act of 1970 is amended to read as follows:

OO TTCf^ 1 2 0

note.

•

•

•

"(b) The amendments made by subsection (a) of this section shall take effect with respect to all obligations incurred after June 30, 1973." TERMINATION OF FEDERAL-AID

RELATIONSHIP

SEC. 154. (a) Notwithstanding any other provisions of Federal law or any court decision to the contrary, the contractual relationship between the Federal and State Governments shall be ended with respect to all portions of the San Antonio North Expressway between Interstate Highway 35 and Interstate Tjoop 410, and the expressway shall cease to be a Federal-aid project.

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(b) The amount of all Federal-aid highway funds paid on account of sections of the San Antonio North Expressway in Bexar County, Texas (Federal-aid projects numbered U 244(7), U 244(10), U G 244(9), U 244(8), and U 244(11)), shall be repaid to the Treasurer of the United States and the amount so repaid shall be deposited to the credit of the appropriation for "Federal-Aid Highways (Trust F u n d) ". At the time of such repayment the Federal-aid projects with respect to which funds have been repaid and any other Federal-aid projects located on such expressway and programed for expenditure on such project, if any, shall be canceled and withdrawn from the Federal-aid highway program. Any amount so repaid, together with the unpaid balance of any amount programed for expenditure on any such project shall be credited to the unprogramed balance of Federalaid highway funds of the same class last apportioned to the States, respectively. The amount so credited shall be available for expenditure in accordance with the provisions of title 23, United States Code, as amended.

277

^2 st^^. sss

23 USC 101 et eq.

H I G H W A Y L I T T E R STUDY

SEC. 155. (a) The Secretary is directed to undertake a study of litter accumulation within the rights-of-way of the Federal-aid highway systems and recommend improved procedures to be used by the several States to prevent and clean up such highway litter on a regular basis. The Secretary shall report his findings and recommendations to (.^^^"gg'" the Congress by June 30, 1974. (b) For the purposes of this section, the term "litter" means beverage and food containers, food wastes, paper products, smoking materials or packaging, and any other materials which the Secretary finds are commonly used and discarded by the traveling public and which, when discarded along highway rights-of-way, cause an unsightly appearance, a danger to public health or safety, or an unreasonable expenditure of public funds. (c) Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation 72 Stat. 913. and study required by this section. BRIDGE APPROACH

STANDARDS

SEC. 156. Section 109 of title 23, United States Code, is amended by adding at the end thereof the following subsection: " (k) The Secretary shall not approve any project involving approaches to a bridge under this title, if such project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of that State." ALLOCATION

OF U R B A N

SYSTEM

^'^ ^'^ ^^^^•

FUNDS

SEC. 157. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section; "§ 150. Allocation of urban system funds "The funds apportioned to any State under paragraph (6) of subsection (b) of section 104 of this title that are attributable to urbanized areas of 200,000 population or more shall be made available for expenditure in such urbanized areas for projects in programs approved under subsection (d) of section 105 of this title in accordance with a fair and equitable formula developed by the State which formula has been approved by the Secretary. Such formula shall provide for fair and equitable treatment of incorporated municipalities of 200,000 or more population. Whenever such a formula has not been developed and

^"'^' P- 272.

84 Stat. 1717. 23 USC io4. Ante. p. 255.

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approved for a State, the funds apportioned to any State under paragraph (6) of subsection (b) of section 104 of this title which are attributable to urbanized areas having a population of 200,000 or more shall be allocated among such urbanized areas within such State for projects in programs approved under subsection (d) of section 105 of this title in the ratio that the population within each such urbanized area bears to the population of all such urbanized areas, or parts thereof, within such State. In the expenditure of funds allocated under the preceding sentence, fair and equitable treatment shall be accorded incorporated municipalities of 200,000 or more population." (b) The table of contents of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "150. Allocation of urban system funds.". FRANCONIA NOTCH, N E W

77 Stat. 277; 80 Stat. 767.

[87 STAT.

HAMPSHIRE

SEC. 158. Notwithstanding section 109(b) of title 23 of the United States Code, the Secretary of Transportation is authorized, upon application of the Governor of the State, to approve construction of that section of Interstate Koute 93 from B20.6 an interchange with State route 3A in North Woodstock, New Hampshire, to B22.1 an interchange with U.S. Route 3 in Franconia, New Hampshire, approximately twelve miles in length, as a parkway type highway to geometric and construction standards (whether or not in accordance with section 109(b)) which the Secretary determines are necessary for the safety of the traveling public, for the protection of the environment, and for the preservation of the park-like and historic character of the Franconia Notch area adjacent to the highway. The State of New Hampshire, with the concurrence of the vSecretary, is authorized to permit the use of the above section of highway to specified types of vehicles during specified times of the day and of the year. DWIGHT D. EISENHOWER

HIGHWAY

SEC. 159. (a) The following segments of the National System of Interstate and Defense Highways which form a continuous interstate highway link from coast to coast are hereby designated as the "Dwight D. Eisenhower Highway": (1) Interstate Route 70 between Washington, District of Columbia, and Denver, Colorado; (2) Interstate Route 25 between Denver, Colorado, and Cheyenne, Wyoming; and (3) Interstate Route 80 between Cheyenne, Wyoming, and San Francisco, California. (b) Any law, regulation, map, document, record, or other paper of the United States in which such segments are designated or referred to shall be held to designate or refer to such segments as the "Dwight D. Eisenhower Highway". CUMBERLAND GAP N A T I O N A L HISTORICAL P A R K

72 Stat. 885.

SEC. 160. (a) Notwithstanding the definition of parkways in subsection (a) of section 101, funds available for parkways shall be available to finance the cost of reconstruction and relocation of Route 25E through the Cumberland Gap National Historical Park, including construction of a tunnel and the approaches thereto, so as to permit restoration of the Gap and provide adequate traffic capacity. (b) Upon construction, such highway and tunnel and all associated lands and rights-of-way shall be transferred to the National Park Service and managed as part of the Cumberland Gap National Historical Park.

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!279

HIGHLAND SCENIC HIGHWAY

SEC. 161. (a) The Secretary of Agriculture (acting through the Forest Service) is authorized to develop and construct as a parkway the Highland Scenic Highway from West Virginia State Route 39 to U.S. 250 near Barton Knob. Notwithstanding subsection (c) of section 103 of title 23, United States Code, such parkway shall be a route Ante, p. 274. on the Federal-aid secondary system. (b) The route from Richwood, West Virginia, to U.S. 250 near Barton Knob, via West Virginia State Route 39 and the parkway authorized by subsection (a) of this section shall be designated as the Highland Scenic Highway, (c) The Secretary of Agriculture is authorized to acquire rights- Land acquisiof-way, land containing such rights-of-way, and interests in land, tion. including scenic easements and mineral rights, necessary to carry out the purpose of a scenic highway. I n addition to the acquisition of such lands and interests in lands, funds available for parkways shall be available for the reclamation of lands within the scenic corridor of the Highland Scenic Highway. (d) Funds available for parkways shall be available for signs on Interstate highways, Appalachian highways and other appropnate highways at natural points of access to such geographic area, indicating the direction and distance to the Highland Scenic Highway and to Richwood as "Gateway to the Highland Scenic Highway". (e) Funds available for parkways shall be available for upgrading that portion of West Virginia State Route 39 designated as the Highland Scenic Highway to appropriate standards for a scenic and recreational highway, including the construction of vistas and other scenic improvements. (f) The Highland Scenic Highway as authorized by subsection (a) of this section and all associated lands and rights-of-way shall be managed as part of the Monongahela National Forest, solely for scenic and recreational use and passenger car travel. (g) The Highland Scenic Highway as authorized by subsection (a) Design and of this section shall be designed and constructed in accordance with construction standards. standards appropriate for a scenic highway, providing for moderate speeds and minimizing modification to topographic contours and natural drainage. Upper Shavers (h) Construction of the portion of the Highland Scenic Highway Fork watershed as authorized by subsection (a) of this section which is proposed to po/ttion, conbe constructed through the upper Shavers Fork watershed shall not struction condi be initiated until— (1) the Forest Service has acquired sufficient lands and interests in land (including mineral rights) in such watershed to assure an adequate scenic corridor for the Highland Scenic Highway and the control of water quality in Shavers Fork; and (2) the completion of a geological and soil survey of any proposed route, conducted in cooperation with the Division of Water Resources of the West Virginia Department of Natural Resources. (i) Any parkway authorized in the future to proceed southward in such area shall begin in the immediate vicinity of Richwood, West Vira:inia. (j) Any connection of the Highland Scenic Highway as authorized by subsection (a) of this section with Corridor H of the Appalachian Development Highway System or any more northerly segment of the Highland Scenic Highway shall utilize existing routes and not involve construction through the Monongahela National Forest between U.S. 250 and Cunningham Knob.

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[87 STAT.

P R O H I B I T I O N OF D I S C R I M I N A T I O N O N THE BASIS OF SEX Ante,

p. 273.

78 Stat. 252. 42 USC 2000d.

SEC. 162. (a) Chapter 3 of title 23, United States Code is amended by adding at the end thereof the following new section: "§ 324. Prohibition of discrimination on the basis of sex "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this title or carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this femedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee." (b) The analysis of chapter 3, title 23, United States Code, is amended by adding at the end thereof the following: "324. Prohibition of discrimination on the basis of sex.". DEMONSTRATION PROJECT—^RAlLROAlD-HIGHWAY CROSSINGS

SEC. 163. (a) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railwayroad conflict points within the city. (b) The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public groundlevel rail-highway crossings in, or in the vicinity of, Springfield, Illinois. (c) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities. (d) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois. (e) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East

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Eighth Street, in accordance with methodology approved by the Secretary. (f) The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Fortysecond Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the railhighway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois. (g) The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas. (h) The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at the Seventh Avenue and County Road 7 railroad-highway grade crossing. (i) The Federal share payable on account of such projects shall be that provided in section 120 of this title. (j) The Secretary shall make annual reports and a final report to the President and the Congress with respect to his activities pursuant to this section. (k) There is authorized to be appropriated to carry out this section (other than subsection (1)) not to exceed $15,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, except that two-thirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. (1) The Secretary, in cooperation with State highway departments and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting from such investigation and study not later than July 1, 1975, including an estimate of the cost of such a program. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation and study required by this subsection.

72 Stat. 898., 23 USC 120. Reports to President and Congress. Appropriation.

Highway safety study.

Report to Congress. 72 Stat, 913.

FINANCIAL ASSISTANCE AGREEMENTS

SEC. 164. (a) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, -^"J^' P- ^SS(2) paragraph (4) of subsection (e) of section 103, title 23, United ' "' States Code, or (3) the Urban Mass Transportation Act of 1964, for 78 Stat. 302. the purchase of buses to any applicant for such assistance unless such note."^*^ ^^°^ applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in charter bus operations in competition with private bus operators outside of the area within which such applicant provides regularly scheduled mass transportation service. A violation of such agreement shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. (b) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into

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[87 STAT.

an agreement that such applicant will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. This subsection shall not apply to an applicant with respect to operation of a school bus program if the applicant operates a school system in the area to be served and operates a separate and exclusive school bus program for this school system. This subsection shall not apply unless private school bus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards, and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting school children and personnel along with facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. BUS AND OTHER P R O J E C T

Ante, Ante, Ante, 84 42 86 42

p. 259. p. 269. p. 274.

Stat. use Stat. use

1690. 1857f-l, 1237. 4905.

84 Stat. 1700. 42 USC 1857f86 Stat. 1245. 42 USC 4914.

STANDARDS

SEC. 165. (a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 meet the standards prescribed by the Administrator of the Environmental Protection Agency under section 202 of the Clean Air Act, and under section 6 of of the Noise Control Act of 1972, and shall authorize the acquisition, wherever practicable, of buses which meet the special criteria for low-emission vehicles set forth in section 212 of the Clean Air Act, and for low-noise-emission products set forth in section 15 of the noise Control Act of 1972. (b) The Secretary of Transportation shall assure that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid Highway Act of 1973 shall be planned and designed so that mass transportation facilities and services can effectively be utilized by elderly and handicapped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability are unable without special facilities or special planning or design to utilize such facilities and services as effectively as persons not so affected. TITLE II SHORT TITLE

SEC. 201. This title may be cited as the "Highway Safety Act of 1973". HIGHWAY Appropriation. Post,

p. 290.

SATETY

SEC. 202. The following sums are hereby authorized to be appropriated: (1) For carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $100,000,000 for the fiscal year ending June 30, 1974, ^125,000,000 for

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the liscal year ending June 80, 1975, and $150,,0 for the fiscal year ending June 30, 1976. (2) For carrying out section 403 of title 28, United States Code (relating to highway safety research and development), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $42,500,000 for the fiscal year ending June 30, 1974, $55,000,000 for the fiscal year ending June 80, 1975, and $65,000,000 for the fiscal year ending June 30, 1976. (3) For carrying out section 402 of title 28, United States Code (relating to highway safety programs), by the Federal Highway Administration, out of the Highway Trust Fund, $25,000,000 for the fiscal year ending June 30, 1974, $30,000,000 for the fiscal year ending: June 30, 1975, and $35,000,000 for the fiscal year ending June 30, 1976. (4) For carrying out sections 307(a) and 403 of title 23, United States Code (relating to highway safety research and development), by the Federal Highway Administration, out of the Highway Trust Fund, for each of the fiscal years ending June 30, 1974, June 80, 1975. and June 80, 1976, not to exceed $10,000,000 per fiscal year.

Post, p. 286.

Post, p. 290..

72 Stat. 913; 84 Stat. 1723.

RAIL-HIGHWAY CROSSINGS

SEC. 208, (a) Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railroad-highway crossings. (b) In addition to funds which may be otherwise available to carry out section 180 of title 28, United States Code, there is authorized to be appropriated out of the Highway Trust Fund for projects for the elimination of hazards of railway-highway crossings $25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 80, 1975, and $75,000,000 for the fiscal year ending June 80, 1976. At least half of the funds authorized and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Such sums shall be available for obligation in the same manner, and to the same extent as if such funds were apportioned under this chapter. (c) Funds authorized by this section shall be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System). (d) 50 percent of the funds made available in accordance with subsection (c) shall be apportioned to the States in the same manner as sums authorized to be appropriated under subsection (a)(1) of section 104 of the Federal-Aid Highway Act of 1978 and 50 percent of the funds made available in accordance with subsection (c) shall be apportioned to the States in the same manner as sums authorized to be appropriated under subsection (a)(2) of section 104 of the FederalAid Highway Act of 1973. The Federal share payable on account of any such project shall be 90 per centum of the cost thereof. (e) Each State shall report to the Secretary of Transportation not later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made to implement the railroadhighway crossings program authorized by this section and the effectiveness of such improvements. Each State report shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations. The Secretary of Transportation shall submit a report to the Congress not later than January 1, 1975, and not later than January 1, of each year thereafter,

state survey.

Signs. Hazard elimination, additional appropriation. 72 Stat. 903.

Protective devices.

Funds, restriction. State apportionment. Ante, p. 251.

Report to Secretary of Transportation.

Report to Congress.

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Matching funds.

on the progress being made by the States in implementing projects to improve railroad-highway crossings. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations. I n addition, the Secretary's report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a), and include recommendation for future implementation of the railroad-highway crossings program. (f) Funds authorized by this section may be used to provide local government with funds to be used on a matching basis when State funds are available which may only be spent when local government produces matching funds for the improvement of railroad crossings. BRIDGE RECONSTRUCTION

84 Stat. 1741.

Funds, restriction.

AND

REPLACEMENT

SEC. 204. (a) Subsection (e) of section 144 of title 23, United States Code, is amended by striking out "1972; and" and inserting in lieu thereof "1972,"; by inserting immediately after "1973," the following: "$25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976". (b) Subsection (f) of section 144 of title 23, United States Code, is relettered as subsection (g) (including references thereto); and immediately after subsection (e) the following new subsection (f) is inserted: "(f) Funds authorized by this section shall be available solely for expenditure for projects on any Federal-aid system." (c) Existing subsection (g) of section 144 of title 23, United States Code, is relettered as subsection (h) (including references thereto). P A V E M E N T M A R K I N G DEMONSTRATION

Ante,

p. 277.

72 Stat. 891, 23 USC 105.

Appropriation.

[87 STAT.

PROGRAM

SEC. 205. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 151. Pavement marking demonstration program " (a) Congress hereby finds and declares it to be in the vital interest of the Nation that a pavement marking demonstration program be established to enable the several States to improve the pavement marking of all highways to provide for greater vehicle and pedestrian safety. "(b) Notwithstanding the provisions of the last sentence of subsection (a) of section 105 of this title, the Secretary may approve under this section such pavement marking projects on any highway whether or not on any Federal-aid system, but not included in the Interstate System, as he may find necessary to bring such highway to the pavement markinjor standards issued or endorsed by the Federal Highwav Administrator. "(c) I n approving projects under this section, the Secretary shall give priority to those projects which are located in rural areas and which are either on the Federal-aid secondary system or are not included on any Federal-aid system. " (d) The entire cost of projects approved under subsections (b) and (f) of this section shall be paid from sums authorized to carry out this section. "(e) For the purpose of carrying out the provisions of this section by the Federal Highway Administration, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1974, $25,000,000, and for each of the fiscal years ending June 30, 1975, and June 30,

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1976, out of the Highway Trust Fund, the sum of $75,000,000. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter. " (f) Funds not required for pavement-marking projects author- Released funds. ized by this section may be released by the Secretary for expenditure for projects to eliminate or reduce the hazards to safety at specific locations or sections of highways which are not located on any Federal-aid system and which have high accident experiences or high accident potentials. Funds may be released by the Secretary under condition. this subsection only if the Secretary has received satisfactory assurances from the State highway department that all nonurban area highways within the State are marked in accordance with the pavement-marking standards issued or endorsed by the Federal Highway Administrator for carrying out this program. " (g) Each State shall report to the Secretary of Transportation secritT* *of not later than September 30, 1974, and not later than September 30 Transportation. of each year thereafter, on the progress being made in implementing the program and the effectiveness of the improvements made under it. Each report shall include an analysis and evaluation of the number, rate, and severity of accidents at improved locations and the costbenefit ratio of such improvements, comparing an adequate time period before and after treatment in order to properly assess the benefits occurring from such pavement markings. The Secretary of Trans- Report to portation shall submit a report to the Congress not later than Janu- *^°"^'"^^^' ary 1, 1975, and not later than January 1 of each year thereafter, on the progress being made in implementing the program and the safety benefits achieved under it." (b) The analysis of chapter 1 of title 23, United States Code is amended by adding at the end thereof the following: "151. Pavement marking demonstration program.". P A V E M E N T M A R K I N G RESEARCH A N D DEMONSTRATION PROGRAMS

SEC. 206. (a) I n addition to the research authorized by section 307(a) of title 23, United States Code, the Secretary of Transporta- 72 Stat. gis; tion is authorized to conduct research and demonstration programs to ^"^ ^*^*" ^^^^* improve the effectiveness and durability of various types of pavement markings and related delineators, to develop improved equipment and techniques for applying, erecting, and maintaining such markings and delineators, and to develop new traffic control materials, devices, and related delineators to assist the traveling public during adverse weather and nighttime driving conditions. (b) There is authorized to be appropriated to carry out this section Appropriation. by the Federal Highway Administration, out of the Highway Trust Fund, $10,000,000 for the fiscal year ending June 30, 1974, and $10,000,000 for the fiscal year ending June 30, 1975. H I G H W A Y SAFETY O N I N D I A N RESERVATIONS

SEC. 207. (a) Section 402 of title 23 of the United States Code is amended by adding a new subsection (1) as follows: " (i) For the purpose of the application of this section on Indian reservations, 'State' and 'Governor of a State' includes the Secretary of the Interior and 'political subdivision of a State' includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And 'provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be

so Stat. 731

84 Stat. 1740.

Post,

p. 294.

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80 Stat. 7 3 1; 84 Stat. 1740.

[87

STAT.

applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable." (b) Subsection (d) of section 402 of title 23, United States Code, is amended by inserting before the period at the end of the first sentence thereof the following: "and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary^ is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary". DRUG U S E A N D DRIVER BEHAVIOR H I G H W A Y SAFETY RESEARCH

80 Stat. 7 3 3.

Appropriation.

SEC. 208. (a) Section 403 of title 23, United States Code, is amended by inserting " (a) " immediately before the first sentence thereof, and by striking out "this section" each place it appears and inserting in lieu thereof "this subsection", and by adding at the end thereof the following new subsections: '(b) In addition to the research authorized by subsection (a) of this section, the Secretary, in consultation with such other Government and private agencies as may be necessary, is authorized to carry out safety research on the following: "(1) The relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles; and "(2) Driver behavior research, including the characteristics of driver performance, the relationships of mental and physical abilities or disabilities to the driving task, and the relationship of frequency of driver accident involvement to highway safety. "(c) The research authorized by subsection (b) of this section may be conducted by the Secretary through grants and contracts with public and private agencies, institutions, and individuals." (b) There is authorized to be appropriated to carry out the amendments made by this section by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, the sum of $10,000,000 per fiscal year for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976. P R O J E C T S FOR H I G H - H A Z A R D

Ante,

p. 284.

Engineering survey.

Appropriation.

LOCATIONS

SEC. 209. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 152. Projects for high-hazard locations " (a) Each State shall conduct and systematically maintain an engineering survey of all highways to identify high-hazard locations which may constitute a danger to vehicles and to pedestrians, assign priorities for the correction of such locations, and establish and implement a schedule of projects for their improvement. " (b) For projects to eliminate or reduce the hazards at specific locations or sections of highways which have high accident experiences or high accident potentials, by the Federal Highway Administration, there is hereby authorized to be appropriated, out of the Highway Trust Fund, for the fiscal year ending June 30, 1974, $50,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, the sum of $75,000,000 shall be appropriated out of the Highway Trust Fund. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter.

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"(c) Funds authorized by this section shall be available solely for ^j^""'^^' '•'^*"*=' expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa. " (d) Funds made available in accordance with subsection (b) shall be apportioned to the States in the same manner as is provided in section 492(c) of this title, and the Federal share payable on account of ^°®^ P- 290. any such project shall be 90 per centum of the cost thereof. "(e) Each State shall report to the Secretary of Transportation not Report to later than September 30, 1974, and not later than September 30 of each T^ans*porta/ion. year thereafter, on the progress being made to implement projects for high-hazard locations and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit Report to a report to the Congress not later than January 1, 1975, and not later °"^'^^^^than January 1 of each year thereafter, on the progress being made by the States in implementing projects for improvements at high-hazard locations. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. I n addition, the Secretary's report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the spot improvements program." (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "152. Projects for high-hazard locations.". PROGRAM FOR THE E L I M I N A T I O N OF ROADSIDE OBSTACLES

SEC. 210. (a) Chapter 1 of title 23, United States Code, is amended ^"'^' P- 2^^by adding at the end thereof the following new section: " (a) Each State shall conduct and systematically maintain an Engineering engineering survey of all highways to identify roadside obstacles ^"'•''^^* which may constitute a hazard to vehicles and to pedestrians, assign priorities for the correction of such obstacles and establish and implement a schedule of projects for their elimination. Such a schedule shall provide for the replacement, to the extent necessary, of existing sign and light supports which are not designed to yield or break away upon impact. Yielding or breakaway sign and light supports shall be used, where appropriate, on all new construction or reconstruction of highways. " (b) For projects to correct roadside hazards by the Federal High- Appropriation. way Administration, there is hereby authorized to be appropriated, out of the Highway Trust Fund, for the fiscal year ending June 30, 1974, $25,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, the sum of $75,000,000. Such sums shall be available for obligation in the same manner and to the siame extent as if such funds were apportioned under this chapter. "(c) Funds authorized by this section shall be available solely for Funds, restricexpenditure for projects on any Federal-aid system (other than the tion. Interstate System) except in the Virgin Islands, Guam, and American Samoa.
 * ^§ 153. Program for the elimination of roadside obstacles

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Report to Secretary of Transportation.

Report to Congress.

PUBLIC LAW 93-87-AUG. 13, 1973

[87 STAT.

" (d) Funds made available in accordance with subsection (c) shall be apportioned to the States in the same manner as is provided in section 402(c) of this title, and the Federal share payable on account of any such project shall be 90 per centum of the cost thereof. "(e) Each State shall report to the Secretary of Transportation not later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made in implementing the program for the removal of roadside obstacles and the effectiveness of such improvements. Each report shall contain an assessment of the costs and safety benefits of the various means and methods used to mitigate or eliminate roadside obstacles. The Secretary of Transportation shall submit a report to the Congress not later than January 1, 1975, and not later than January 1 of each year thereafter, on the progress being made by the States in eliminating roadside obstacles and the effectiveness of the improvements made under this program. The Secretary's report shall include, but not be limited to, an analysis and evaluation of each State program, identification of any State found not to be in compliance with the schedule of improvements required by subsection (a) and shall include recommendations for fu<"ure implementation of the roadside obstacle removal program. In addition, to assess the safety benefits of varying roadside obstacle treatments, the report shall contain an assessment of the costs and safety benefits of the various means and methods used to mitigate or eliminate roadside obstacles." (b) The analvsis of chapter 1 of title 23, Ignited States Code, is amended by adding at the end thereof the following: "1.53. Program for the elimination of roadside obstacles.". H I G H W A Y SAFETY EDUC^ATIONAL PR(JRAMIX(} AND STUDY

Report to Congress.

Appropriation.

Appropriation.

SEC. 211. (a) The Secretary of Transportation, in cooperation with interested government and nongovernment authorities, agencies, organizations, institutions, businesses, and individuals, shall conduct a full and complete investigation and study of the use of mass media for informing and educating the public of ways and means for reducing the number and severity of highway accidents. Such a study shall include, but not be limited to, ways and means for encouraging the participation and cooperation of television and radio station licensees, for measuring audience reactions to current educational programs, for evaluating the effectiveness of such programs, and for developing new programs for the promotion of highw^ay safety. The Secretary shall T'eport to the Congress his findings and recommendations by June 30, (b) For the purpose of carrying out subsection (a) of this section, there is hereby authorized to be appropriated the sum of $1,000,000 out of the Highway Trust Fund. (c) The Secretary of Transportation, in consultation with State and local highway safety officials, shall develop a series of highway safety television programs of varying length, up to and including five minutes, for use in accordance with the provisions of the Communications Act of 1934. At least 50 per centum of the funds authorized and expended under subsection (d) of this section shall be allocated to the States at the discretion of the Secretary for approved programing projects. To the maximum extent feasible, the services of private individuals shall be utilized in carrying out this subsection. (d) For the purpose of carrying out subsection (c) of this section, there is hereby authorized to be appropriated the sum of $4,000,000 out of the Highway Trust Fund.

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PUBLIC LAW 93-87-AUG. 13, 1973 C I T I Z E N i-AKTICIPATION

STUDY

SEC. 212. (a) The Secretary of Transportation, in cooperation with State and local highway safety authorities, shall conduct a full and complete investigation and study of ways and means for encouraging greater citizen participation and involvement in highway safety programs, with particular emphasis on traflSlc enforcement and accident detection, response, and reporting, including, but not limited to, the creation of citizen adjuncts to assist professional traffic enforcement agencies and highway rescue agencies in the performance of their duties. The Secretary shall report to the Congress his findings and recommendations by June 30, 1974. (b) For the purposes of carrying out this section, there is authorized to be appropriated the sum of $1,000,000 out of the Highway Trust Fund.

Report to Congress. Appropriation.

F E A S I B I L I T Y S T U D Y — N A T I O N A L CENTER FOR STATISTICAL A N A L Y S I S OF H I G H W A Y OPERATIONS

S E C 213. (a) The Secretary of Transportation shall make a study of the feasibility of establishing a National Center for Statistical Analysis of Highway Operations designed to acquire, store, and retrieve highway accident data and standardize the information and procedures for reporting accidents on a nationwide basis. Such study should include, but not be limited to, an estimate of the cost of establishing and maintaining suph a center, including the means of acquiring the accident information to be stored therein, the methods to be used for its evaluation and the criteria needed to assure its proper utilization by appropriate public and private agencies and groups. The Secretary shall report to the Congress his findings and recommendations not later than January 1, 1975. (b) For the purpose of carrying out this section, there is authorized to be appropriated the sum of $5,000,000 out of the Highway Trust Fund.

Report to Congress. Appropriation.

PEDESTRIAN A N D BICYCLE SAFETY STUDY

SEC. 214. (a) The Secretary of Transportation shall make a full and complete investigation and study of pedestrian and bicycle safety. Such an investigation and study shall include, but not be limited to, the following: (1) A review and evaluation of State and local ordinances, regulations, and laws and the enforcement policies, procedures, methods, practices, and capabilities for enforcing them. (2) The relationship between alcohol and pedestrian and bicycle safety, with special emphasis on problem drinkers, both drivers and pedestrians. (3) An evaluation of ways and means of improving pedestrian and bicycle safety programs. (4) An analysis of present funding allocations for pedestrian and bicycle safety programs and an assessment of the capabilities of Federal, State, and local governments to fund such activities and programs. In the conduct of such investigation and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the States, and their political subdivisions, and other interested private organizations, groups, and individuals. (b) The Secretary shall, not later than January 31, 1975, report to the Congress the, results of this investigation and study together with his conclusions and recommendations for appropriate legislation.

22-150 O - 75 - 21

Report to Congress.

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 290 Appropriation.

PUBLIC LAW 93-87-AUG. 13, 1973

[87 STAT.

(c) There is hereby authorized not to exceed $5,000,000 from the Highway Trust Fund to carry out this section. MANPOWER TRAINING A N D DEMONSTRATION PROGRAMS

80 Stat. 731,

SEC. 215. The first sentence of subsection (c) of section 402 of title 23, United States Code, is amended hj inserting immediately after "approved in accordance with subsection (a)," the following: "including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom. Such funds". PUBLIC ROAD MILEAGE

84 Stat. 1740.

SEC. 216. Subsection (c) of section 402 of title 23, United States Code, is amended by inserting immediately after the third sentence the following: "Public road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary." MINIMUM

APPORTIONMENT

SEC, 217. Subsection (c) of section 402 of title 23, United States Code, is amended by striking "one-third of 1 per centum" in the fifth sentence thereof, and inserting "one-half of 1 per centum". H I G H W A Y SAFETY PROGRAM APPLICABILITY 50 Stat. 7 3 1. 'State."

SEC. 218. Section 401, title 23, United States Code, is amended by adding at the end thereof the following: "For the purposes of this chapter, the term 'State' means any one of the fifty States, the District of Columbia, Puerto Kico, the Virgin Islands, Guam, and American Samoa, except that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated." INCENTIVES FOR COMPLIANCE W I T H H I G H W A Y SAFETY PROGRAMS

Ante, p. 285. Incentive grants.

Appropriation.

Additional grants.

SEC. 219. Section 402 of title 23, United States Code, is amended by adding the following new subsection: "(j)(1) In addition to other grants authorized by this section, the Secretary may make incentive grants in each fiscal year to those States which have adopted legislation requiring the use of seatbelts in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall be in addition to other funds authorized by this section. There is hereby authorized to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $25,000,000 for the fiscal year ending June 30, 1974, not to exceed $32,000,000 for the fiscal year ending June 30, 1975, and not to exceed $37,500,000 for the fiscal year ending June 30, 1976. " (2) In addition to other grants authorized by this section, the Secretary may make additional incentive grants to those States which have made the most significant progress in reducing traffic fatalities based on the reduction in the rate of such fatalities per one hundred million-vehicle miles during the calendar year immediately preceding the fiscal year for which sudi incentive funds are authorized compared with the average annual rate of such fatalities for the four calendar

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PUBLIC LAW 93-87-AUG. 13, 1973

year period preceding such calendar year. Such incentive grants shall be made in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall be in addition to other funds authorized by this section. There is hereby authorized to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $12,500,000 for the fiscal year ending June 30, 1974, not to exceed $16,000,000 for the fiscal year ending June 30, 1975, and not to exceed $19,000,000 for the fiscal year ending June 30, 1976. "(3) Incentive awards authorized by this section shall not exceed 25 per centum of each State's apportionment as authorized by this chapter." H I G H W A Y SAFETY RESEARCH AND

Appropriation.

Limitation.

DEVELOPMENT

SEC. 220. The second sentence of subsection (a) of section 403 of title 23, United States Code, is amended to read as follows: "In addition, the Secretary may use the funds appropriated to carry out this section, either independently or in cooperation with other Federal departments or agencies, for making grants to or contracting with State or local agencies, institutions, and individuals for (1) training or education of highway safety personnel, (2) research fellowships in highway safety, (3) development of improved accident investigation procedures, (4) emergency service plans, (5) demonstration projects, and (6) related activities which the Secretary deems will promote the purposes of this section. The Secretary shall assure that no fees are charged for any meetings or services attendant thereto or other activities relating to training and education of highway safety personnel." TRANSFER OF DEMONSTRATION P R O J E C T

EQUIPMENT

SEC. 221. Section 403 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: " (d) The Secretary may, where he deems it to be in furtherance of the purposes of section 402 of this title, vest in State or local agencies, on such terms and conditions as he deems appropriate, title to equipment purchased for demonstration projects with funds authorized by this section." ADMINISTRATIVE A D J U D I C A T I O N OF TRAFFIC

Ante, p. 286.

Ante,

p. 290.

INFRACTIONS

SEC. 222. Section 403 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(e) In addition to the research authorized by subsection (a) of this section, the Secretary shall, either independently or in cooperation with other Federal departments or agencies, conduct research into, and make grants to or contracts with State or local agencies, institutions, and individuals for projects to demonstrate the administrative adjudication of traffic infractions. Such administrative adjudication demonstration projects shall be designed to improve highway safety by developing fair, efficient, and effective processes and procedures for traffic infraction adjudication, utilizing appropriate punishment, training, and rehabilitative measures for traffic offenders. The Secretary shall report to Congress by July 1, 1975, and each year thereafter during the continuance of the program, on the research and demonstration projects authorized by this subsection, and shall include in such report a comparison of the fairness, efficiency, and effectiveness of administrative adjudication of traffic infractions with other methods of handling such infractions."

Supra.

Report to Congress.

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PUBLIC LAW 93-87-AUG. 13, 1973 N A T I O N A L H I G H W A Y SAFETY ADVISORY

81 Stat. 507.

COMMITTEE

SEC. 223. Subsection (a)(1) of section 404 of title 23, United States Code, is amended by inserting immediately after "Federal Highway Administrator," the following: "the National Highway Traffic Safety Administrator,". DATE o r

23 USC 401 note.

[87 STAT.

ANNUAL

REPORT

SEC. 224. The first sentence of subsection (a) of section 202 of the Highway Safety Act of 1966 (80 Stat. 736) is amended by deleting "March 1" and substituting in lieu thereof the following: "July 1". H I G H W A Y SAFETY NEEDS STUDY

72 Stat. 885. 23 USC 101 et seq.

E s t i m a t e s and recommendations, submittal to Congress.

SEC. 225. I n order to provide the basis for evaluating the continuing highway safety programs authorized in title 23, United States Code, and to furnish Congress with the information necessary for the authorization of appropriations for such programs, the Secretary of Transportation, in cooperation with the Governors and appropriate State and local highway officials, shall make a full and complete study of highway safety needs and shall prepare recommendations and estimates of the costs for meeting such needs. Such estimates and recommendations shall identify the requirements to meet highway safety needs of the States, Puerto Rico, and the District of Columbia and would also consider those of Guam, American Samoa, the Virgin Islands and such other United States territories as the Secretary shall determine. The Secretary shall submit such detailed estimates and recommendations to the Congress not later than January 10, 1976. DRIVER EDUCATION EVALUATION

Ante,

p. 291.

Report to Congress.

Appropriation.

p. 257.

84 Stat. 1741; Ante, pp. 286, 287, 2 8 3.

PROGRAM

SEC. 226. (a) Section 403 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: "(f) I n addition to the research authorized by subsection (a) of this section, the Secretary shall carry out research, development, and demonstration projects to improve and evaluate the effectiveness of various types of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom. The research, development, and demonstration projects authorized by this subsection may be carried out by the Secretary through grants and contracts with public and private agencies, institutions, and individuals. The Secretary shall report to the Congress by July 1, 1975, and each year thereafter during the continuance of the program, on the research, development, and demonstration projects authorized by this subsection, and shall include in such report an evaluation of the effectiveness of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom." (b) For the purpose of carrying out the amendment made by subsection (a) of this section, there is authorized to be appropriated $10,000,000 out of the Highway Trust Fund. TRANSFER

Ante,

,

OF F U N D S A M O N G H I G H W A Y

SAFETY

PROGRAMS

SEC. 227. Section 104 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: " (g) Not more than 30 per centum of the amount apportioned in any fiscal year to each State in accordance with sections 144,152, and 153 of this title, or section 203(d) of the Highway Safety Act of 1973,

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may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a transfer is requested by the State highway department and is approved by the Secretary as being in the public interest. The Secretary may approve such transfer only if he has received satisfactory assurances from the State highway department that the purposes of the program from which such funds are to be transferred have been met." CURB R A M P S FOR THE H A N D I C A P P E D

SEC. 228. Paragraph (1) of subsection (b) of section 402 of title 23, United States Code, is amended by adding at the end thereof the following: " (F) provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State."

sostat. 731.

H I G H W A Y SAFETY STANDARDS

SEC. 229. Subsection (h) of section 402 of title 23, United States Code, is amended to read as follows: " (h) Each uniform safety standard promulgated under this section on or before July 1, 1973, shall continue in effect unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973. The Secretary shall not promulgate any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973."

84 Stat. 1740.

FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM

SEC. 230. (a) Chapter 4 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 405. Federal-aid safer roads demonstration program " (a) The Federal-aid safer roads demonstration program shall consist of all public roads or segments thereof not on a Federal-aid system needing improvements to correct safety hazards selected or designated by each State subject to the approval of the Secretary. " (b) Not later than June 30, 1974, each State shall identify projects for the Federal-aid safer roads demonstration program for all public roads in such State not on the Federal-aid system, including projects to improve highway marking and signing, to eliminate roadside obstacles, to eliminate hazards at railroad-highway grade crossings, and to correct high-hazard locations, identified by accident reporting, traffic records and hazards analysis systems established in accordance with standards promulgated under subsection (a) of section 402 of this title. Each State shall assign priorities for and undertake the systematic correction of identified hazards, to provide for the most effective improvement in highway safety. "(c) There is authorized to be appropriated for the Federal-aid safer roads demonstration program for projects on public roads not on the Federal-aid system for the removal of roadside obstacles, the elimination of hazards at railroad-highway grade crossings, and the proper marking and signing of highways in accordance with subsec-

8° ITc'lol

Post, p. 294. Appropriation.

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Ante, p. 290.

84 Stat. 1741; Ante. pp. 286, Ante, p. 283. cc^^^es's^ *°

PUBLIC LAW 93-87-AUG. L3, 1973

[87 STAT.

tion (b) of this section, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending June 30, 1974, and $100,000,000 per fiscal year for each of the fiscal years ending June 30, 1975, and June 30, 1976. Such sums shall be apportioned amon^ the States in accordance with the formula established under subsection (c) of section 402 of this title. The Federal share payable on account of any such project shall he 90 per centum of the cost thereof. The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure for Federal-aid primary highway funds shall apply to funds apportioned to carry out this subsection. Prior to June 30, 1974, funds shall be available for such projects as determined by the State, subject to the approval of the Secretary. " (d) For the purposes of this section, the term 'public road' means any road under the jurisdiction of and maintained by a public authority and open to public travel and which is not on a Federal-aid system. "(e) I t shall be the responsibility of each State to maintain adequate pavement markings on any public road marked with funds available under this section in such State. "(f) In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located. " (g) In carrying out the Federal-aid safer roads demonstration program authorized by this section, the Secretary shall coordinate such program with the programs and projects authorized in sections 144, 152, aud 153, of this title and section 203(d) of the Highway Safety Act of 1973. "(hi) The Secretary shall file an interim report with the Congress on January 1, 1975, concerning the progress being made under the demonstration program authorized by this section and its effectiveness. The Secretary shall report to Congress on or before January 1, 1976, a comprehensive report on the program authorized by this section. Such reports shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, roads system, means and methods used, and previous and subsequent accident experience at improved locations. In addition such reports shall analyze and evaluate the program State by State, and shall include such recommendations as he determines necessary for the further implementation of this program." (b) The table of contents of chapter 4 of title 23, United States Code, is amended by adding at the end thereof: "405. Federal-aid safer roads demonstration program.". BICYCLE

80 Stat. 731.

SAFETY

SEC. 231. (a) The fourth sentence of subsection (a) of section 402 of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "and (b) Paragraph (b)(1)(E) of section 402 of title 23, United States Code, is amended by striking out "and" before " (5) " and by striking out the period at the end of such paragraph and inserting in lieu thereof a comma and the following: "and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State."

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295

TITLE III URBAN" MASS TRANSPORTATION ACT OP 1 0 6 4

SEC. 301. (a) The fifth sentence of section 4(a) of the Urban Mass Transportation Act of 1964 is amended to read as follows "The Federal grant for any such project to be assisted under section 3 shall be in an amount equal to 80 per centum of the net project cost." (b) The amendment made by subsection (a) shall apply only with respect to projects which were not subject to administrative reservation on or before July 1, 1973. (c) Section 4(c) of the Urban Mass Transportation Act of 1964 is amended by striking out "$3,100,000,000" in the first and third sentences and inserting in lieu thereof "$6,100,000,000". (d) Section 9 of the Urban Mass Transportation Act of 1964 is amended— (1) by striking out "to make grants" in the first sentence and inserting in lieu thereof "to contract for and make grants"; (2) by striking out "and designing" in the first sentence and inserting in lieu thereof "designing, and evaluation"; (3) by striking out "and (3)*' in the second sentence and inserting in lieu thereof "(3) evaluation of previously funded projects; and (4)"; (4) by inserting "or contract" after "A grant" in the third sent-ence; and (5) by striking out all that follows "Secretary" in the third sentence and inserting in lieu thereof a period. (e) The provision of assistance under the amendments made by this section shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. (f) Section 12 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new subsection: "(f) No person snail on the ground of sex be excluded from participation in, be denied the benefits ofj or be subjected to discrimination under any program or activity receiving Federal assistance under this Act or carried on under this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Riglits Act of 1964. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee." (g) Section 16(b) of the Urban Mass Transportation Act of 1964 is amended to read as follows: "(b) In addition to the grants and loans otherwise provided for under this Act, the Secretary is authorized to make grants and loans— "(1) to States and local public bodies and agencies thereof for the specific purpose of assisting them in providing mass transportation services which are planned, designed, and carried out so as to meet the special needs of elderly and nandicapped persons, with such grants and loans bein|^ subject to all of the terms, conditions, requirements, and provisions applicable to grants and loans made under section 3(a) and being considered ftr the purposes of all other laws to have been made under such section; and

78 Stat. 304. 49 USC 1603.

Limitation.

Appropriation. 84 Stat. 965. 80 Stat. 715. 49 USC 1607ia.

80 Stat. 403. 5 USC 1501.

Diicrimlnation prohibition. 78 Stat. 306; 79 Stat. 507; 80 Stat. 715. 49 USC 1608.

78 Stat. 252. 42 USC 2000d.

Additional grant! and loana, 84 Stat. 967. 49 USC 1612.

84 Stat. 9 6 2. 49 USC 1602.

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An^e, p. 295.

[87 STAT.

"(2) to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of elderly and handicapped persons^ for whom mass transportation services planned, designed, and carried out under paragraph (1) are unavailable, insufficient, or inappropriate, with such grants and loans being subject to such terms, conditions, requirements, and provisions (similar insofar as may be appropriate to those applicable to grants and loans under paragraph (1)) as the Secretary may determine to be necessary or appropriate for purposes of this paragraph. Of the total amount of the obligations which the Secretary is authorized to incur on behalf of the United States under the first sentence of sectioH 4(c), 2 per centum may be set aside and used exclusively to finance the programs and activities authorized by this subsection (including administrative costs)." TITLE IV INAPPLICABILITT OF TIME REQUIREMENTS

Ante, p. 256.

SEC. 401. The time requirements in section 104(b) of title 23, United States Code, shall not be applicable to the apportionment of sums authorized for the fiscal year ending June 30, 1974, in any title of this Act, and the Secretary shall apportion such sums for such fiscal year as soon as practicable after the date of enactment of this Act. CONFORMING ADJUSTMENTS

Ante, p. 145.

SEC. 402. All sums authorized in Public Law 93-61 are included within the authorizations contained in this Act for the fiscal year ending June 30, 1974, and the Secretary shall make such adjustments in apportionments made under Public Law 93-61 as may be necessary to conform such apportionments to this Act. Approved August 13, 1973. Public Law 93-88

August 14, 1973

-^N ACT

[s. 1993]

To amend the EURATOM Cooperation Act of 1958, as amended.

Be it enacted by the Senate and House of Representatives of the Dpe^^itl A^^t^or United States of America in Congress assembled, That section 5 of 1*958! amendment, the E U R A TO M Cooperation Act of 1958, as amended, is amended by 42 u?c 22^94 deleting the words "two hundred fifteen thousand kilograms of contained uranium 235" and substituting therefor the words "an amount of contained uranium 235 which does not exceed that necessary to support the fuel cycle of power reactors located within the Community having a total installed capacity of thirty-five thousand megawatts of electric energy, together with twenty-five thousand kilograms of contained uranium 235 for other purposes". Approved August 14, 1973.

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297

PUBLIC LAW 93-89-AUG. 14, 1973

Public Law 93-89 AN ACT To improve the laws relating to the regulation of insurance in the District of Columbia, and for other purposes. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Insurance Act".

August 14, l')73 [H. R. 4083]

°/^*bil* in^sut^LTxct

TITLE I — D I S T K ICT OF COLUMBIA P O S T A S S E S S M E N T INSURANCE GUARANTY ASSOCIATION ACT SEC. 101. This title shall be known and may be cited as the "District of Columbia Insurance Guaranty Association Act". SEC. 102. The purpose of this title is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers. SEC. 103. This title shall apply to all kinds of direct insurance, except life, title, disability, and mortgage guaranty insurance. SEC. 104. As used in this title— (1) The term "Commissioner" means the Commissioner of the District of Columbia or his designated agent. (2) The term "covered claim" means an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this title applies issued by an insurer, if such insurer' becomes an insolvent insurer after the effective date of this title and (a) the claimant or insured is a resident of the District of Columbia at the time of the insured event; or (b) the property from which the claim arises is permanently located in the District of Columbia. Such term shall not include any amount due any reinsurer, insurer, insurance pool, or underwriting association, as subrogation recoveries or otherwise. (3) The term "insolvent insurer" means (a) an insurer authorized to transact insurance in the District of Columbia, either at the time the policy was issued or when the insured event occurred, who has been determined to be insolvent by a court of competent jurisdiction. (4) The term "member insurer" means any person who (a) writes any kind of insurance to which this title applies, including the exchange of reciprocal or interinsurance contracts, and (b) is licensed to transact insurance in the District of Columbia. (5) The term "net direct written premiums" means direct gross premiums written in the District on insurance policies to which this title applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. Such term does not include premiums on contracts between insurers or reinsurers. (6) The term "person" includes individuals, corporations, associations, exchanges, and partnerships. SEC. 105. There is created a nonprofit unincorporated legal entity to be known as the District of Columbia Insurance Guaranty Association (hereafter in this title referred to as the "Association"). All member insurers shall be and remain members of the Association as a condiiion of their authority to transact insurance in the District of Columbia. The Association shall perform its functions under a plan of operation established and approved by the Commissioner and shall exercise its powers through a Board of Directors (hereafter in this

Citation of title.

Definitions.

D.C, Insurance Guaranty Association. Establishment.

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[87 STAT.

title referred to as the "Board"). For purposes of administration and assessment, the Association shall be divided into three separate accounts: (a) the workmen's compensation insurance account; (b) the automolbile insurance account; and (c) the account for all other insurance to which this title applies. Board members. SEC. 106. (a) The Board shall cousist of uot less than five uor uiore than nine persons serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the Commissioner. Vacancies on the Board shall be Vacancies. filled for the remaining period of the term in the same manner as initial appointments. If no members are selected within sixty days after the effective date of this title, the Commissioner may appoint the i nitial members of the Board. (b) In approving selections to the Board, the Commissioner shall consider among other things whether all member insurers are fairly represented. Expenses. (c) Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board. Duties. SEC. 107. (a) The Association shall— (1) be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within thirty days after the determination of insolvency, or before the policy expiration date if less than thirty days after the determination, or before the insured replaces the policy or causes its cancellation, if he does so within thirty days of the determination, but such obligation shall include only that amount of each covered claim which is in excess of $100 and is less than $300,000, except that the Association shall pay the full amount of any covered claim arising out of a workmen's compensation policy; except in no event shall the Association be obligated to a policyholder or claimant in an amount in excess of the obligation of the insolvent insurer under the policy from which the claim arises; (2) be deemed the insurer to the extent of its obligation on the covered claims and to such extent shall have all righti, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent; (3) allocate claims paid and expenses incurred among the three accounts separately, and assess member insurers separately, according to subsection (b) of this section, for each account amounts necessary to pay the obligations of the Association under paragraph (1) of this subsection subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost^ of examinations under section 112 and other expenses authorized by this title; (4) investigate claims brought against the Association and adjust, compromise, settle, and pay covered claims to the extent of the Association's obligation and deny all other claims and may review settlements, releases and judgments to which the insolvent insurer or its insureds were parties to determine the extent to which such settlements, releases and judgments may be properly contested; (5) notify such persons as the Commissioner directs under section 109(b)(1); (6) handle claims through its employees or through one or more insurers or other persons designated, subject to the approval of the Commissioner, as servicing facilities, except auoh designation may be declined by a member insurer; and

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STAT.]

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PUBLIC LAW 93-89-AUG. 14, 1973

(7) reimburse each servicing facility for obligations of the Association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the Association, and pay the other expenses of the Association authorized by this title. (b) The assessments of each member insurer under paragraph (3) of subsection (a) of this section shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year on the kinds of insurance in the account bears to the net direct written premiums of all member insurers for the preceding calendar year on the kinds of insurance in the account. Each member insurer shall be notified of the assessment not later than thirty days before it is due. No member insurer may be assessed in any year on any account an amount greater than 2 per centum of that member insurer's net direct written premiums for the preceding calendar year on the kinds of insurance in the account. If the maximum assessment, together with the other assets of the Association in any account, does not provide in any one year in any account an amount sufficient to make all necessary payments from that account, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. The Association may exempt or defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. Each member insurer may set off against any assessment, authorized payments made on covered claims and expenses incurred in the payment of such claims by the member insurer if they are chargeable to the account for which the assessment is made. (c) The Association may— (1) employ or retain such persons as are necessary to handle claims and perform other duties of the Association; (2) borrow funds necessary to effect the purposes of this title in accord with the plan of operation; (3) sue or be sued; (4) negotiate and become a party to such contracts as are necessary to carry out the purpose of this title; (5) perform such other acts as are necessary or proper to effectuate the purpose of this title; and (6) refund to the member insurers in proportion to the contribution of each member insurer to that account that amount by which the assets of the account exceed the liabilities, if, at the end of any calendar year, the Board finds that the assets of the Association in any account exceed the liabilities of that account as estimated by the Board for the coming year. SEC. 108. (a)(1) The Board shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the Association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. (2) If the Board fails to submit a suitable plan of operation within ninety days following the effective date of this title or if at any time thereafter the Board fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this title. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the Board and approved by the Commissioner.

Assessments,

Plan of operation.

Rules.

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>wlrt^^*'°" °^

powers

PUBLIC LAW 93-89-AUG. 14, 1973

[87 STAT.

(b) All member insurers shall comply with the plan of operation. (c) The plan of operation shall— (1) establish the procedures whereby all the powers and duties of the Association under section 107 will be performed; (2) establish procedures for handling assets of the Association; (3) establish the amount and method of reimbursing members of the Board under section 106; (4) establish procedures by which claims may be filed with the Association and establish acceptable forms of proof of covered claims; (5) establish regular places and times for meetings of the Board; (6) establish procedures for records to be kept of all financial transactions of the Association, its agents, and the Board; (7) provide that any member insurer aggrieved by a final action or decision of the Association may appeal to the Commissioner within thirty days after the action or decision; (8) establish the procedures whereby selections for the Board will be submitted to the Commissioner; and (9) contain additional provisions necessary or proper for the execution of the powers and duties of the Association. (^) "^^^^ plan of operation may provide that any or all powers and duties of the Association, except those under subsections 107(a)(3) and (c)(2), are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this Association, or its equivalent, in two or more States. Such a corporation, association, or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other functions of the Association. A delegation under this subsection shall take effect only with the approval of both the Board and the Commissioner, and may be made only to a corporation, association, or organization which extends protection in a manner substantially similar to that provided by this title. (e) Notice of claims to the receiver or licjuidator of the insolvent insurer shall be deemed notice to the Association or its agent and a list of such claims shall be periodically submitted to the Association or similar organization in another State by the receiver or liquidator. SEC. 109. (a) The Commissioner shall— (1) notify the Association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency; and (2) upon request of the Board provide the Association with a statement of the net direct written premiums of each member insurer. (b) The Commissioner may— (1) require that the Association notify the insureds of the involvent insurer and any other interested parties of the determination of insolvency and of their rights under this title by mail at their last known address, where available, or by publication in a newspaper of general circulation, if sufficient information for notification by mail is not available; (2) suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the District of Columbia of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation, or levy a fine on any member insurer which fails to pay an assessment when due, except such fine shall not exceed 5 per centum of the unpaid assessment per month, except that no fine shall be less than $100 per month; and

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(3) revoke the designation of any servicing facility if he finds claims are being handled unsatisfactorily. (c) All final orders or decisions of the Commissioner made nnder this Act shall be subject to review in accordance with section 11 of the District of Columbia Administrative Procedures Act (D.C. Code, sec. 1 - 1 5 1 0).

82 Stat. 1209;

SEC. 110, (a) Any person recovering under this title shall be deemed ^"^R^^hVs^^al'si to have assigned his rights under the policy to the Association to the ment. extent of his recovery from the Association. Every insured or claimant seeking the protection of this title shall cooperate with the Association to the same extent as such person would have been required to cooperate with the insolvent insurer. The Association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer. In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the Association shall not operate to reduce the insured's liability to the receiver, liquidator, or statutory successor for unpaid assessments. (b) The receiver, liquidator, or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the Association or a similar organization in another State. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this title against the assets of the insolvent insurer. (c) The Association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Association which shall preserve the rights of the Association against the assets of the insolvent insurer. SEC. 111. (a) Any person having a claim against an insurer under any provision in an insurance policy, other than a policy of an insolvent insurer which is also a covered claim, shall be required to exhaust first his right under such policy. Any amount payal3le on a covered claim under this title shall be reduced by the amount of any recovery under such insurance policy. (b) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, he shall seek recovery first from the association of the location of the property, and if it is a workmen's compensation claim, he shall seek recovery first from the association of the residence of the claimant. Any recovery under this title shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. SEC. 112. (a) To aid in the detection and prevention of insurer Insurer insolincies, preveninsolvencies— (1) it shall be the duty of the Board, upon majority vote, to notify the Commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public; and (2) the Board may, upon majority vote, request that the Commissioner order an examination of any member insurer which the Board in good faith believes may be in a financial condition hazardous to the policyholders or the public. (b) An examination may be conducted, under this section, as a National Association of Insurance Commissioner examination or may be conducted by such person as the Commissioner designates. The cost of such examination shall be paid hj the Association and the examina-

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