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Ark. Dep't of Human Servs. v. Ahlborn/Opinion of the Court

[p272] Justice STEVENS delivered the opinion of the Court.

When a Medicaid recipient in Arkansas obtains a tort settlement following payment of medical costs on her behalf by Medicaid, Arkansas law automatically imposes a lien on the settlement in an amount equal to Medicaid's costs. When that amount exceeds the portion of the settlement that represents medical costs, satisfaction of the State's lien requires payment out of proceeds meant to compensate the recipient for damages distinct from medical costs—like pain and suffering, lost wages, and loss of future earnings. The Court of Appeals for the Eighth Circuit held that this statutory lien contravened federal law and was therefore unenforceable. Ahlborn v. Arkansas Dept. of Human Servs., 397 F.3d 620 (2005). Other courts have upheld similar lien provisions. See, e.g., Houghton v. Department of Health, 2002 UT 101, 57 P.3d 1067; Wilson v. Washington, 142 Wash. 2d 40, 10 P.3d 1061 (2000) (en banc). We granted certiorari to resolve the conflict, 545 U.S. 1165 (2005), and now affirm.

I
On January 2, 1996, respondent Heidi Ahlborn, then a 19-year-old college student and aspiring teacher, suffered se- [p273] vere and permanent injuries as a result of a car accident. She was left brain damaged, unable to complete her college education, and incapable of pursuing her chosen career. Although she possessed a claim of uncertain value against the alleged tortfeasors who caused her injuries, Ahlborn's liquid assets were insufficient to pay for her medical care. Petitioner Arkansas Department of Health and Human Services (ADHS) accordingly determined that she was eligible for medical assistance and paid providers $215,645.30 on her behalf under the State's Medicaid plan.

ADHS required Ahlborn to complete a questionnaire about her accident, and sent her attorney periodic letters advising him about Medicaid outlays. These letters noted that, under Arkansas law, ADHS had a claim to reimbursement from "any settlement, judgment, or award" obtained by Ahlborn from "a third party who may be liable for" her injuries, and that no settlement "shall be satisfied without first giving [ADHS] notice and a reasonable opportunity to establish its interest." ADHS has never asserted, however, that Ahlborn has a duty to reimburse it out of any other subsequently acquired assets or earnings.

On April 11, 1997, Ahlborn filed suit against two alleged tortfeasors in Arkansas state court seeking compensation for the injuries she sustained in the January 1996 car accident. She claimed damages not only for past medical costs, but also for permanent physical injury; future medical expenses; past and future pain, suffering, and mental anguish; past loss of earnings and working time; and permanent impairment of the ability to earn in the future.

ADHS was neither named as a party nor formally notified of the suit. Ahlborn's counsel did, however, keep ADHS informed of details concerning insurance coverage as they became known during the litigation.

[p274] In February 1998, ADHS intervened in Ahlborn's lawsuit to assert a lien on the proceeds of any third-party recovery Ahlborn might obtain. In October 1998, ADHS asked Ahlborn's counsel to notify the agency if there was a hearing in the case. No hearing apparently occurred, and the case was settled out of court sometime in 2002 for a total of $550,000. The parties did not allocate the settlement between categories of damages. ADHS did not participate or ask to participate in settlement negotiations. Nor did it seek to reopen the judgment after the case had been dismissed. ADHS did, however, assert a lien against the settlement proceeds in the amount of $215,645.30—the total cost of payments made by ADHS for Ahlborn's care.

On September 30, 2002, Ahlborn filed this action in the United States District Court for the Eastern District of Arkansas seeking a declaration that the lien violated the federal Medicaid laws insofar as its satisfaction would require depletion of compensation for injuries other than past medical expenses. To facilitate the District Court's resolution of the legal questions presented, the parties stipulated that Ahlborn's entire claim was reasonably valued at $3,040,708.12; that the settlement amounted to approximately one-sixth of that sum; and that, if Ahlborn's construction of federal law was correct, ADHS would be entitled to only the portion of the settlement ($35,581.47) that constituted reimbursement for medical payments made. See App. 17–20.

Ruling on cross-motions for summary judgment, the District Court held that under Arkansas law, which it concluded did not conflict with federal law, Ahlborn had assigned to ADHS her right to any recovery from the third-party tortfeasors to the full extent of Medicaid's payments for her benefit. Accordingly, ADHS was entitled to a lien in the amount of $215,645.30.

[p275] The Eighth Circuit reversed. It held that ADHS was entitled only to that portion of the judgment that represented payments for medical care. For the reasons that follow, we affirm.

II
The crux of the parties' dispute lies in their competing constructions of the federal Medicaid laws. The Medicaid program, which provides joint federal and state funding of medical care for individuals who cannot afford to pay their own medical costs, was launched in 1965 with the enactment of Title XIX of the Social Security Act (SSA), as added, 79 Stat. 343, 42 U.S.C. § 1396 et seq. (2000 ed. and Supp. III). Its administration is entrusted to the Secretary of Health and Human Services (HHS), who in turn exercises his authority through the Centers for Medicare and Medicaid Services (CMS).

States are not required to participate in Medicaid, but all of them do. The program is a cooperative one; the Federal Government pays between 50% and 83% of the costs the State incurs for patient care, and, in return, the State pays its portion of the costs and complies with certain statutory requirements for making eligibility determinations, collecting and maintaining information, and administering the program. See § 1396a.

One such requirement is that the state agency in charge of Medicaid (here, ADHS) "take all reasonable measures to ascertain the legal liability of third parties to pay for care and services available under the plan." § 1396a(a)(25)(A) [p276] (2000 ed.). The agency's obligation extends beyond mere identification, however; "'in any case where such a legal liability is found to exist after medical assistance has been made available on behalf of the individual and where the amount of reimbursement the State can reasonably expect to recover exceeds the costs of such recovery, the State or local agency will seek reimbursement for such assistance to the extent of such legal liability.' § 1396a(a)(25)(B)." To facilitate its reimbursement from liable third parties, the State must, "'to the extent that payment has been made under the State plan for medical assistance in any case where a third party has a legal liability to make payment for such assistance, [have] in effect laws under which, to the extent that payment has been made under the State plan for medical assistance for health care items or services furnished to an individual, the State is considered to have acquired the rights of such individual to payment by any other party for such health care items or services.' § 1396a(a)(25)(H)." The obligation to enact assignment laws is reiterated in another provision of the SSA, which reads as follows: "(a) For the purpose of assisting in the collection of medical support payments and other payments for medical care owed to recipients of medical assistance under the State plan approved under this subchapter, a State plan for medical assistance shall—

"(1) provide that, as a condition of eligibility for medical assistance under the State plan to an individual who [p277] has the legal capacity to execute an assignment for himself, the individual is required—

"(A) to assign the State any rights to support (specified as support for the purpose of medical care by a court or administrative order) and to payment for medical care from any third party;

"(B) to cooperate with the State in obtaining support and payments (described in subparagraph (A)) for himself ; and

"(C) to cooperate with the State in identifying, and providing information to assist the State in pursuing, any third party who may be liable to pay for care and services available under the plan " § 1396k(a). Finally, "any amount collected by the State under an assignment made" as described above "shall be retained by the State as is necessary to reimburse it for medical assistance payments made on behalf of" the Medicaid recipient. § 1396k(b). "[T]he remainder of such amount collected shall be paid" to the recipient. Ibid.

Acting pursuant to its understanding of these third-party liability provisions, the State of Arkansas passed laws that purport to allow both ADHS and the Medicaid recipient, either independently or together, to recover "the cost of benefits" from third parties. Ark. Code Ann. §§ 20-77-301 through 20-77-309 (2001). Initially, "[a]s a condition of eligibility" for Medicaid, an applicant "shall automatically assign his or her right to any settlement, judgment, or award which may be obtained against any third party to [ADHS] to the full extent of any amount which may be paid by Medicaid for the benefit of the applicant." § 20-77-307(a). Accordingly, "[w]hen medical assistance benefits are provided" to the recipient "because of injury, disease, or disability for which another person is liable," ADHS "shall have a right to recover from the person the cost of benefits so provided." § 20-77- [p278] 301(a). ADHS' suit "shall" not, however, "be a bar to any action upon the claim or cause of action of the recipient." § 20-77-301(b). Indeed, the statute envisions that the recipient will sometimes sue together with ADHS, see § 20–77–303, or even alone. If the latter, the assignment described in § 20–77–307(a) "shall be considered a statutory lien on any settlement, judgment, or award received from a third party." § 20-77-307(c); see also § 20-77-302(a) ("When an action or claim is brought by a medical assistance recipient, any settlement, judgment, or award obtained is subject to the division's claim for reimbursement of the benefits provided to the recipient under the medical assistance program").

The State, through this statute, claims an entitlement to more than just that portion of a judgment or settlement that represents payment for medical expenses. It claims a right to recover the entirety of the costs it paid on the Medicaid recipient's behalf. Accordingly, if, for example, a recipient sues alone and settles her entire action against a third-party tortfeasor for $20,000, and ADHS has paid that amount or more to medical providers on her behalf, ADHS gets the whole settlement and the recipient is left with nothing. This is so even when the parties to the settlement allocate damages between medical costs, on the one hand, and other injuries like lost wages, on the other. The same rule also [p279] would apply, it seems, if the recovery were the result not of a settlement but of a jury verdict. In that case, under the Arkansas statute, ADHS could recover the full $20,000 in the face of a jury allocation of, say, only $10,000 for medical expenses.

That this is what the Arkansas statute requires has been confirmed by the State's Supreme Court. In Arkansas Dept. of Human Servs. v. Ferrel, 336 Ark. 297, 984 S.W.2d 807 (1999), the court refused to endorse an equitable, nontextual interpretation of the statute. Rejecting a Medicaid recipient's argument that he ought to retain some of a settlement that was insufficient to cover both his and Medicaid's expenses, the court explained: "'Given the clear, unambiguous language of the statute, it is apparent that the legislature intended that ADHS's ability to recoup Medicaid payments from third parties or recipients not be restricted by equitable subrogation principles such as the 'made whole' rule stated in [Franklin v. Healthsource of Arkansas, 328 Ark. 163, 942 S.W.2d 837 (1997)]. By creating an automatic legal assignment which expressly becomes a statutory lien, [Ark. Code Ann. § 20-77-307 (1991)] makes an unequivocal statement that the ADHS's ability to recover Medicaid payments from insurance settlements, if it so chooses, is superior to that of the recipient even when the settlement does not pay all the recipient's medical costs.' Id., at 308, 984 S.W.2d, at 811." Accordingly, the Arkansas statute, if enforceable against Ahlborn, authorizes imposition of a lien on her settlement proceeds in the amount of $215,645.30. Ahlborn's argument before the District Court, the Eighth Circuit, and this Court [p280] has been that Arkansas law goes too far. We agree. Arkansas' statute finds no support in the federal third-party liability provisions, and in fact squarely conflicts with the anti-lien provision of the federal Medicaid laws.

III
We must decide whether ADHS can lay claim to more than the portion of Ahlborn's settlement that represents medical expenses. The text of the federal third-party liability provisions suggests not; it focuses on recovery of payments for medical care. Medicaid recipients must, as a condition of eligibility, "assign the State any rights to payment for medical care from any third party," 42 U.S.C. § 1396k(a)(1)(A) (emphasis added), not rights to payment for, for example, lost wages. The other statutory language that ADHS relies upon is not to the contrary; indeed, it reinforces the limitation implicit in the assignment provision.

First, ADHS points to § 1396a(a)(25)(B)'s requirement that States "seek reimbursement for [medical] assistance to the extent of such legal liability" (emphasis added) and suggests that this means that the entirety of a recipient's settlement is fair game. In fact, as is evident from the context of the emphasized language, "such legal liability" refers to "the legal liability of third parties to pay for care and services available under the plan." § 1396a(a)(25)(A) (emphasis added). Here, the tortfeasor has accepted liability for only one-sixth of the recipient's overall damages, and ADHS has stipulated that only $35,581.47 of that sum represents compensation for medical expenses. Under the circumstances, [p281] the relevant "liability" extends no further than that amount.

Second, ADHS argues that the language of § 1396a(a)(25)(H) favors its view that it can demand full reimbursement of its costs from Ahlborn's settlement. That provision, which echoes the requirement of a mandatory assignment of rights in § 1396k(a), says that the State must have in effect laws that, "to the extent that payment has been made under the State plan for medical assistance for health care items or services furnished to an individual," give the State the right to recover from liable third parties. This must mean, says ADHS, that the agency's recovery is limited only by the amount it paid out on the recipient's behalf—and not by the third-party tortfeasor's particular liability for medical expenses. But that reading ignores the rest of the provision, which makes clear that the State must be assigned "the rights of [the recipient] to payment by any other party for such health care items or services." § 1396a(a)(25)(H) (emphasis added). Again, the statute does not sanction an assignment of rights to payment for anything other than medical expenses—not lost wages, not pain and suffering, not an inheritance.

Finally, ADHS points to the provision requiring that, where the State actively pursues recovery from the third party, Medicaid be reimbursed fully from "any amount collected by the State under an assignment" before "the remainder of such amount collected" is remitted to the recipient. § 1396k(b). In ADHS' view, this shows that the State must be paid in full from any settlement. See Brief for Petitioners 13. But, even assuming the provision applies in cases where the State does not actively participate in the litigation, ADHS' conclusion rests on a false premise: The [p282] "amount recovered under an assignment" is not, as ADHS assumes, the entire settlement; as explained above, under the federal statute the State's assigned rights extend only to recovery of payments for medical care. Accordingly, what § 1396k(b) requires is that the State be paid first out of any damages representing payments for medical care before the recipient can recover any of her own costs for medical care.

At the very least, then, the federal third-party liability provisions require an assignment of no more than the right to recover that portion of a settlement that represents payments for medical care. They did not mandate the enactment of the Arkansas scheme that we have described.

IV
[p283] If there were no other relevant provisions in the federal statute, the State might plausibly argue that federal law supplied a recovery "floor" upon which States were free to build. In fact, though, the federal statute places express limits on the State's powers to pursue recovery of funds it paid on the recipient's behalf. These limitations are contained in 42 U.S.C. §§ 1396a(a)(18) and 1396p. Section 1396a(a)(18) requires that a state Medicaid plan comply with § 1396p, which in turn prohibits States (except in circumstances not relevant here) from placing liens against, or seeking recovery of benefits paid from, a Medicaid recipient: "(a) Imposition of lien against property of an individual on account of medical assistance rendered to him under a State plan

"(1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except—

"(A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or

"(B) [in certain circumstances not relevant here]

"(b) Adjustment or recovery of medical assistance correctly paid under a State plan

"(1) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the [p284] State plan may be made, except [in circumstances not relevant here]." § 1396p. Read literally and in isolation, the anti-lien prohibition contained in § 1396p(a) would appear to ban even a lien on that portion of the settlement proceeds that represents payments for medical care. Ahlborn does not ask us to go so far, though; she assumes that the State's lien is consistent with federal law insofar as it encumbers proceeds designated as payments for medical care. Her argument, rather, is that the anti-lien provision precludes attachment or encumbrance of the remainder of the settlement.

We agree. There is no question that the State can require an assignment of the right, or chose in action, to receive payments for medical care. So much is expressly provided for by §§ 1396a(a)(25) and 1396k(a). And we assume, as do the parties, that the State can also demand as a condition of Medicaid eligibility that the recipient "assign" in advance any payments that may constitute reimbursement for medical costs. To the extent that the forced assignment is expressly authorized by the terms of §§ 1396a(a)(25) and 1396k(a), it is an exception to the anti-lien provision. See Washington State Dept. of Social and Health Servs. v. Guardianship Estate of Keffeler, 537 U.S. 371, 383–385, and n.7 (2003). But that does not mean that the State can force an assignment of, or place a lien on, any other portion of Ahlborn's property. As explained above, the exception carved out by [p285] §§ 1396a(a)(25) and 1396k(a) is limited to payments for medical care. Beyond that, the anti-lien provision applies.

ADHS tries to avoid the anti-lien provision by characterizing the settlement proceeds as not Ahlborn's "property." Its argument appears to be that the automatic assignment effected by the Arkansas statute rendered the proceeds the property of the State. See Brief for Petitioners 31 ("[U]nder Arkansas law, the lien does not attach to the recipient's 'property' because it attaches only to those proceeds already assigned to the Department as a condition of Medicaid eligibility"). That argument fails for two reasons. First, ADHS insists that Ahlborn at all times until judgment retained her entire chose in action—a right that included her claim for medical damages. The statutory lien, then, cannot have attached until the proceeds materialized. That much is clear from the text of the Arkansas statute, which says that the "assignment shall be considered a statutory lien on any settlement received by the recipient from a third party." Ark. Code Ann. § 20-77-307(c) (2001) (emphasis added). The settlement is not "received" until the chose in action has been reduced to proceeds in Ahlborn's possession. Accordingly, the assertion that any of the proceeds belonged to the State all along lacks merit.

Second, the State's argument that Ahlborn lost her property rights in the proceeds the instant she applied for medical assistance is inconsistent with the creation of a statutory [p286] lien on those proceeds. Why, after all, would ADHS need a lien on its own property? A lien typically is imposed on the property of another for payment of a debt owed by that other. See Black's Law Dictionary 922 (6th ed. 1990). Nothing in the Arkansas statute defines the term otherwise.

That the lien is also called an "assignment" does not alter the analysis. The terms that Arkansas employs to describe the mechanism by which it lays claim to the settlement proceeds do not, by themselves, tell us whether the statute violates the anti-lien provision. See United States v. Craft, 535 U.S. 274, 279 (2002); Drye v. United States, 528 U.S. 49, 58–61 (1999). Although denominated an "assignment," the effect of the statute here was not to divest Ahlborn of all her property interest; instead, Ahlborn retained the right to sue for medical care payments, and the State asserted a right to the fruits of that suit once they materialized. In effect, and as at least some of the statutory language recognizes, Arkansas has imposed a lien on Ahlborn's property. Since none of the federal third-party liability provisions excepts that lien from operation of the anti-lien provision, its imposition violates federal law.

V
[p287] ADHS and its amici urge, however, that even if a lien on more than medical damages would violate federal law in some cases, a rule permitting such a lien ought to apply here either because Ahlborn breached her duty to "cooperate" with ADHS or because there is an inherent danger of manipulation in cases where the parties to a tort case settle without judicial oversight or input from the State. Neither argument is persuasive.

The United States proposes a default rule of full reimbursement whenever the recipient breaches her duty to "cooperate," and asserts that Ahlborn in fact breached that duty. But, even if the Government's allegations of obstruction were supported by the record, its conception of the duty to cooperate strays far beyond the text of the statute and the relevant regulations. The duty to cooperate arises principally, if not exclusively, in proceedings initiated by the State to recover from third parties. See 42 U.S.C. § 1396k(a)(1)(C) (recipients must "cooperate with the State in identifying ... and providing information to assist the State in pursuing" third parties). Most of the accompanying federal regulations simply echo this basic duty; all they add is that the recipient must "[p]ay to the agency any support or medical care funds received that are covered by the assignment of rights." 42 CFR § 433.147(b)(4) (2005).

In any event, the aspersions the United States casts upon Ahlborn are entirely unsupported; all the record reveals is that ADHS, despite having intervened in the lawsuit and [p288] asked to be apprised of any hearings, neither asked to be nor was involved in the settlement negotiations. Whatever the bounds of the duty to cooperate, there is no evidence that it was breached here.

ADHS' and the United States' alternative argument that a rule of full reimbursement is needed generally to avoid the risk of settlement manipulation is more colorable, but ultimately also unpersuasive. The issue is not, of course, squarely presented here; ADHS has stipulated that only $35,581.47 of Ahlborn's settlement proceeds properly are designated as payments for medical costs. Even in the absence of such a postsettlement agreement, though, the risk that parties to a tort suit will allocate away the State's interest can be avoided either by obtaining the State's advance agreement to an allocation or, if necessary, by submitting the matter to a court for decision. For just as there are risks in underestimating the value of readily calculable damages in settlement negotiations, so also is there a countervailing concern that a rule of absolute priority might preclude settlement in a large number of cases, and be unfair to the recipient in others.

VI
[p289] Finally, ADHS contends that the Court of Appeals' decision below accords insufficient weight to two decisions by the Departmental Appeals Board of HHS (Board) rejecting appeals by the States of California and Washington from denial of reimbursement for costs those States paid on behalf of Medicaid recipients who had settled tort claims. See App. to Pet. for Cert. 45–67 (reproducing In re Washington State Dept. of Social & Health Servs., Dec. No. 1561, 1996 WL 157123 (HHS Dept. App. Bd., Feb. 7, 1996)); App. to Pet. for Cert. 68–86 (reproducing In re California Dept. of Health Servs., Dec. No. 1504, 1995 WL 66334 (HHS Dept. App. Bd., Jan. 5, 1995)). Because the opinions in those cases address a different question from the one posed here, make no mention of the anti-lien provision, and, in any event, rest on a questionable construction of the federal third-party liability provisions, we conclude that they do not control our analysis.

Normally, if a State recovers from a third party the cost of Medicaid benefits paid on behalf of a recipient, the Federal Government owes the State no reimbursement, and any funds already paid by the Federal Government must be returned. See 42 CFR § 433.140(a)(2) (2005) (federal financial participation "is not available in Medicaid payments if [t]he agency received reimbursement from a liable third party"); § 433.140(c). Washington and California both had adopted schemes according to which the State refrained from claiming full reimbursement from tort settlements and instead took only a portion of each settlement. (In California, the recipient typically could keep at least 50% of her settlement, see App. to Pet. for Cert. 72; in Washington, the proportion varied from case to case, see id., at 48–51.) Each scheme resulted in the State's having to pay a portion of the recipient's medical costs—a portion for which the State sought partial reimbursement from the Federal Government. CMS (then called HCFA) denied this partial reimbursement [p290] on the ground that the States had an absolute duty to seek full payment of medical expenses from third-party tortfeasors.

The Board upheld CMS' determinations. In California's appeal, which came first, the Board concluded that the State's duty to seek recovery of benefits "from available third party sources to the fullest extent possible" included demanding full reimbursement from the entire proceeds of a Medicaid recipient's tort settlement. Id., at 76. The Board acknowledged that § 1396k(a) "refers to assignment only of 'payment for medical care, but thought that "the statutory scheme as a whole contemplates that the actual recovery might be greater and, if it is, that Medicaid should be paid first." Ibid. The Board gave two other reasons for siding with CMS: First, the legislative history of the third-party liability evinced a congressional intent that "the Medicaid program be reimbursed from available third party sources to the fullest extent possible," ibid.; and, second, California had long been on notice that it would not be reimbursed for any shortfall resulting from failure to fully recoup Medicaid's costs from tort settlements, see id., at 77. The Board also opined that the State could not escape its duty to seek full reimbursement by relying on the Medicaid recipient's efforts in litigating her claims. See id., at 79–80.

Finally, responding to the State's argument that its scheme gave Medicaid recipients incentives to sue third-party tortfeasors and thus resulted in both greater recovery and lower costs for the State, the Board observed that "a state is free to allow recipients to retain the state's share" of any recovery, so long as it does not compromise the Federal Government's share. Id., at 85.

The Board reached the same conclusion, by the same means, in the Washington case. See id., at 53–64.

Neither of these adjudications compels us to conclude that Arkansas' statutory lien comports with federal law. First, the Board's rulings address a different question from the one [p291] presented here. The Board was concerned with the Federal Government's obligation to reimburse States that had, in its view, failed to seek full recovery of Medicaid's costs and had instead relied on recipients to act as private attorneys general. The Board neither discussed nor even so much as cited the federal anti-lien provision.

Second, the Board's acknowledgment that the assignment of rights required by § 1396k(a) is limited to payments for medical care only reinforces the clarity of the statutory language. Moreover, its resort to "the statutory scheme as a whole" as justification for muddying that clarity is nowhere explained. Given that the only statutory provisions CMS relied on are §§ 1396a(a)(25), 1396k(a), and 1396k(b), see id., at 75–76; id., at 54–55, and given the Board's concession that the first two of these limit the State's assignment to payments for medical care, the "statutory scheme" must mean § 1396k(b). But that provision does not authorize the State to demand reimbursement from portions of the settlement allocated or allocable to nonmedical damages; instead, it gives the State a priority disbursement from the medical expenses portion alone. See supra, at 282. In fact, in its adjudication in the Washington case, the Board conceded as much: "[CMS] may require a state to assert a collection priority over funds obtained by Medicaid recipients in [third-party liability] suits even though the distribution methodology set forth in section [1396k(b)] refers only to payments collected pursuant to assignments for medical care." App. to Pet. for Cert. 54 (emphasis added). The Board's reasoning therefore is internally inconsistent.

Third, the Board's reliance on legislative history is misplaced. The Board properly observed that Congress, in crafting the Medicaid legislation, intended that Medicaid be a "payer of last resort." S.Rep. No. 99–146, p. 313 (1985). That does not mean, however, that Congress meant to authorize States to seek reimbursement from Medicaid recipients themselves; in fact, with the possible exception of a lien [p292] on payments for medical care, the statute expressly prohibits liens against the property of Medicaid beneficiaries. See 42 U.S.C. § 1396p(a). We recognize that Congress has delegated "broad regulatory authority to the Secretary [of HHS] in the Medicaid area," Wisconsin Dept. of Health and Family Servs. v. Blumer, 534 U.S. 473, 496, n.13 (2002), and that agency adjudications typically warrant deference. Here, however, the Board's reasoning couples internal inconsistency with a conscious disregard for the statutory text. Under these circumstances, we decline to treat the agency's reasoning as controlling.

VII
Federal Medicaid law does not authorize ADHS to assert a lien on Ahlborn's settlement in an amount exceeding $35,581.47, and the federal anti-lien provision affirmatively prohibits it from doing so. Arkansas' third-party liability provisions are unenforceable insofar as they compel a different conclusion. The judgment of the Court of Appeals is affirmed.

It is so ordered.


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192 more charming than ever. Sending for his ink-stone Genji now wrote on a practising-slip the poem: ‘Save that both she and I have common cause to mourn, my own is she no more than a false lock worn upon an aged head.’ Seeing him sigh heavily and go about muttering to himself, Murasaki knew that his love for Yūgao had been no mere boyish fancy, but an affair that had stirred his nature to its depths.

Yūgiri, having been told that a half-sister (of whose existence he had never heard) was come to live with them in the palace, and that he ought to make friends with her and make her feel at home, at once rushed round to her rooms, saying: ‘I do not count for very much, I know; but since we are brother and sister, I think you might have sent for me before. If only I had known who you were, I would have been so glad to help you to unpack your things. I do think you might have told me….’ ‘Poor young gentleman,’ thought Ukon, who was close at hand; ‘this is really too bad. How long will they let him go on in this style, thinking all the while she is his sister? I don’t think it’s fair….’

The contrast between her present way of life and the days at Tsukushi was staggering. Here every elegance, every convenience appeared as though by magic; there the simplest articles could be procured only by endless contriving, and when found were soiled, dilapidated, out-of-date. Here Prince Genji claimed her as his daughter, Prince Yūgiri as his sister…. ‘Now these,’ thought old Sanjō, ‘really are fine gentlemen. However I came to have such a high opinion of that Lord-Lieutenant I do not know!’ And when she remembered what airs a miserable creature like Tayū had given himself on the Island, she almost expired with indignation.

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Page:Operation Crossroads 1946.pdf/33

 the device and the time that elapsed between detonation and instrument recovery; the nearer in space or time to the detonation, the greater the potential for exposure.

Systems Response Experiments

To document the response of systems to the hostile environment, military hardware (aircraft parts, ammunition, radar, petroleum, tanks, field stoves, clothing, and medical equipment) was exposed to nuclear detonation effects. Techniques used for these experiments were conceptually simple: exposure of the system of interest and observation of its response. Actual conduct of the experiments was far more complex. The level of threat to which the system was exposed almost always required measurement to properly understand the response, necessitating an environmental experiment along with each systems response experiment. It was often not enough to know whether the system survived, but rather what the effects were on the component parts and their interactions. This required the placement of extensive instrumentation and recording devices throughout the test area.

While the potential radiological exposure of personnel during these systems response experiments was governed primarily by the proximity of personnel in space or time to the detonation, an additional problem arose. Often, when the exposed object was recovered for closer examination, it could be contaminated by device debris or even be radioactive itself due to neutron activation. Personnel recovering or handling such objects could be exposed to radiation. For this reason, reboarding parties who inspected vessels, aircraft, and equipment after such detonation were given published guidelines and radsafe instructions (see Appendix B).

MARSHALL ISLANDS SETTING

The Marshall Islands are in the easternmost part of the area known as Micronesia ("tiny islands"). The Marshalls are spread over 770 thousand mi² (2 million km²) of the Earth's surface, but of this area only about 70 km² (180 km²) is land. Two parallel chains form the islands: Ratak (or Sunrise) to the east, and Ralik (or Sunset) to the west; Bikini is in the Ralik chain at its northern extreme. Figure 1 shows these islands in the Central Pacific; Figure 2 is a map of Bikini Atoll.

A typical atoll, Bikini is a coral cap set on truncated, submerged volcanic peaks that rise to considerable heights from the ocean floor. It consists of 27 small islands that encircle a broad lagoon 25 miles (40.2 km) long and 15 miles (24.1 km) wide, with a maximum depth of about 200 feet (61 meters). The dry land area, 2.72 mi² (7 km²), is covered with low, scrubby brush and coconut and pandanus trees. The land area is concentrated in the eastern islands, from Bikini to Eneu Islands, which form about 53 percent of the land total, with 24 percent taken up by the southern section of Enidrik to Berokoj.

Climate is tropical marine, generally warm and humid. Temperature changes are slight, ranging from 70° to 90°F (21° to 32°C). Rainfall is moderate, and prolonged drought may occur. North of the atoll is open ocean for a thousand miles, the only inhabited island being Wake. East of Bikini are

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Rh That Bugo no Suke had acted with rare courage and wisdom in planning the sudden flight from Tsukushi was readily admitted by Genji when Ukon had laid all the circumstances before him. It was unlikely that any stranger would serve Tamakatsura with such devotion as this foster-brother had shown, and in drawing up for her a list of gentlemen-in-attendance, Genji saw to it that Bugo no Suke’s name should figure among them.

Never in his wildest dreams had it occurred to Bugo no Suke that he, a plain Tsukushi yeoman, would ever set foot in a Minister’s palace; nay, would in all his living days so much as set eyes on such a place. And here he was, not merely walking in and out just as he chose, but going with the lords and ladies wherever they went, and even arranging their affairs for them and ordering about their underlings as though they were his own. And to crown his content, no day passed but brought to his mistress some ingenious intention, some well-devised if trifling act of kindness from their host himself.

At the end of the year there took place the usual distribution of stuff for spring clothes, and Genji was determined that the new-comer should not feel that she had come off worse than the greatest ladies in the house. But he feared that, graceful and charming though she was, her taste in dress must necessarily be somewhat rustic, and among the silks which he gave her he determined also to send a certain number of woven dresses, that she might be gently guided towards the fashions of the day. The gentlewomen of the palace, each anxious to prove that there was nothing she did not know about the latest shapes of bodice and kirtle, set to work with such a will that when they brought their wares for Genji’s inspection, he exclaimed: ‘I fear your zeal has been excessive. If all my presents are to be on this scale (and I have no desire to excite

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194 jealousy), I shall indeed be hard put to it.’ So saying he had his store-rooms ransacked for fine stuffs; and Murasaki came to the rescue with many of the costly robes which he had from time to time given her for her own wardrobe. All these were now laid out and inspected. Murasaki had a peculiar talent in such matters, and there was not a woman in all the world who chose her dyes with a subtler feeling for colour, as Genji very well knew. Dress after dress was now brought in fresh from the beating-room, and Genji would choose some robe now for its marvellous dark red, now for some curious and exciting pattern or colour-blend, and have it laid aside. ‘This one in the box at the end,’ he would say, handing some dress to one of the waiting-women who were standing beside the long narrow clothes-boxes; or ‘Try this one in your box.’ ‘You seem to be making a very just division, and I am sure no one ought to feel aggrieved. But, if I may make a suggestion, would it not be better to think whether the stuffs will suit the complexions of their recipient rather than whether they look nice in the box?’ ‘I know just why you said that,’ Genji laughed. ‘You want me to launch out into a discussion of each lady’s personal charms, in order that you may know in what light she appears to me. I am going to turn the tables. You shall have for your own whichever of my stuffs you like, and by your choice I shall know how you regard yourself.’ ‘I have not the least idea what I look like,’ she answered, blushing slightly; ‘after all, I am the last person in the world to consult upon the subject. One never sees oneself except in the mirror….’ After much debating, the presents were distributed as follows: to Murasaki herself, a kirtle yellow without and flowered within, lightly diapered with the red plum-blossom crest—a marvel of modern dyeing. To the Akashi child, a long close-fitting dress, white without, yellow within, the whole

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Rh seen through an outer facing of shimmering red gauze. To the Lady from the Village of Falling Flowers he gave a light blue robe with a pattern of sea-shells woven into it. Lovely though the dress was as an example of complicated weaving, it would have been too light in tone had it not been covered with a somewhat heavy russet floss.

To Tamakatsura he sent, among other gifts, a close-fitting dress with a pattern of mountain-kerria woven upon a plain red background. Murasaki seemed scarcely to have glanced at it; but all the while, true to Genji’s surmise, she was guessing the meaning of this choice. Like her father Tō no Chūjō, Tamakatsura (she conjectured) was doubtless good-looking; but certainly lacked his liveliness and love of adventure. Murasaki had no idea that she had in any way betrayed what was going on in her mind and was surprised when Genji suddenly said: ‘In the end this matching of dresses and complexions breaks down entirely and one gives almost at hazard. I can never find anything that does justice to my handsome friends, or anything that it does not seem a shame to waste on the ugly ones…’ and so saying he glanced with a smile at the present which was about to be dispatched to Suyetsumu, a dress white without and green within, what is called a ‘willow-weaving,’ with an elegant Chinese vine-scroll worked upon it.

To the Lady of Akashi he sent a white kirtle with a spray of plum-blossom on it, and birds and butterflies fluttering hither and thither, cut somewhat in the Chinese fashion, with a very handsome dark purple lining. This also caught Murasaki’s observant eye and she augured from it that the rival of whom Genji spoke to her so lightly was in reality occupying a considerable place in his thoughts.

To Utsusemi, now turned nun, he sent a grey cloak, and, in addition, a coat of his own which he knew she would

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196 remember—jasmine-sprinkled, faced with Courtier’s crimson and lined with russet. In each box was a note in which the recipient was begged to favour him by wearing these garments during the Festival of the New Year. He had taken a great deal of trouble over the business and could not imagine that any of the presents was likely to meet with a very bad reception. And indeed the satisfaction which he had given was soon evidenced not only by the delighted letters which came pouring in, but also by the handsome gratuities given to the bearers of these gifts. Suyetsumu was still living at the old Nijō-in palace, and the messenger who brought her present, having a quite considerable distance to travel, expected something rather out of the ordinary in the way of a reward. But to Suyetsumu these things were matters not of commerce, but of etiquette. A present such as this was, she had been taught long ago, a species of formal address which must be answered in the same language, and fetching an orange-coloured gown, very much frayed at the cuffs, she hung it over the messenger’s shoulders, attaching to it a letter written on heavily scented Michinoku paper, which age had not only considerably yellowed, but also bloated to twice its proper thickness. ‘Alas,’ she wrote, ‘your present serves but to remind me of your absence. What pleasure can I take in a dress that you will never see me wear?’ With this was the poem: ‘Was ever gift more heartless? Behold, I send it back to you, your Chinese dress,—worn but an instant, yet discoloured with the brine of tears.’ The handwriting, with its antique flourishes, was admirably suited to the stilted sentiment of the poem. Genji laughed afresh each time he read it and finally, seeing that Murasaki was regarding him with astonishment, he handed her the missive. Meanwhile he examined the bedraggled old frock with which the discomfited messenger had been entrusted,

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Rh with so rueful an expression that the fellow edged behind the bystanders and finally slipped out of the room, fearing that he had committed a grave breach of etiquette in introducing so pitiful an object into the presence of the Exalted Ones. His plight was the occasion of much whispering and laughter among his fellow servants. But laugh as one might at the absurd scenes which the princess’s archaic behaviour invariably provoked, the very fact that adherence to bygone fashions could produce so ludicrous a result suggested the most disquieting reflexions. ‘It is no laughing matter,’ said Genji. ‘Her “Chinese dress” and “discoloured with the brine of tears” made me feel thoroughly uncomfortable. With the writers of a generation or two ago every dress was “Chinese,” and, no matter what the occasion of the poem, its sleeves were invariably soaked with tears. But what about your poems and mine? Are they not every bit as bad? Our tags may be different from those of the princess; but we use them just as hard and when we come to write a poem are as impervious as she is to the speech of our own day. And this is true not only of amateurs such as ourselves, but of those whose whole reputation depends on their supposed poetical gifts. Think of them at Court festivals, with their eternal madoi, madoi. It is a wonder they do not grow tired of the word. A little while ago adabito “Faithless one” was used by well-bred lovers in every poem which they exchanged. They declined it (“of the faithless one,” “from the faithless one” and so on) in the third line, thus gaining time to think out their final couplet. And so we all go on, poring over nicely stitched Aids to Song, and when we have committed a sufficient number of phrases to memory, producing them on the next occasion when they are required. It is not a method which leads to very much variety.

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BY

Harvard Coöperative Society


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198 ‘But if we need a change, how much more does this unfortunate princess whose scruples forbid her to open any book except these old-fashioned collections of standard verse, written on dingy, native paper, to which her father Prince Hitachi introduced her long ago? Apart from these the only other reading which he seems to have permitted her was the Marrow of Native Song. Unfortunately this book consists almost entirely of “Faults to be avoided;” its comminations and restrictions have but served to aggravate her natural lack of facility. After such an education as this it is no wonder that her compositions have a well-worn and familiar air.’

‘You are too severe,’ said Murasaki, pleading for the princess. ‘Whatever you may say, she managed this time to send an answer, and promptly too. Pray let me have a copy of her poem that I may show it to the Akashi child. I too used to have such books as the Marrow of Poesy, but I do not know what has become of them. Probably book-worms got into them and they were thrown away. I believe that to any one unfamiliar with the old phrase-books Suyetsumu’s poem would seem delightfully fanciful and original. Let us try….’ ‘Do nothing of the kind,’ said Genji. ‘Her education would be ruined if she began to take an interest in poetry. It is an accepted principle that however great the aptitude which a girl may show for some branch of science or art, she must beware of using it; for there is always a risk that her mind may be unduly diverted from ordinary duties and pursuits. She must know just so much of each subject that it cannot be said she has entirely neglected it. Further than this, she can only go at the risk of undermining the fortress of chastity or diminishing that softness of manner without which no woman can be expected to please.’

But all this while he had forgotten that Suyetsumu’s

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Rh letter itself required a reply; indeed, as was pointed out by Murasaki, the princess’s poem contained a hidden meaning which might be construed as a direct plea for further consolation. It would have been very unlike him not to have heeded such an appeal, and feeling that the standard she had set was not a very exacting one, he dashed off the following reply: ‘If heartlessness there be, not mine it is but yours, who speak of sending back the coat that, rightly worn, brings dreams of love.’

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text: A Wreath of Cloud/Chapter 4

title: A Wreath of Cloud/Chapter 4


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Page:Sir Orfeo, adapted from the Middle English (IA sirorfeoadaptedf00hunt).pdf/8

 Copyright, 1909

By E. T. E. Hunt

All rights reserved

First edition, December, 1909

The University Press, Cambridge, U. S. A.


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ROFESSOR SCHOFIELD, in his “English Literature from the Norman Conquest to Chaucer,” writes as follows:

“In Celtic tradition there were kings as well as queens of the Otherworld, and they too were known to cast loving eyes on mortals. In ‘Sir Orfeo’ we have an unusually happy embodiment of this conception in a story where it had originally no place. In the hands of a clever poet the ancient tale of Orpheus and Eurydice became a genuine lay of Britain, not simply because it was fashioned by him in the same metre and style as the lays on native themes, but because he transformed it in spirit


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 throughout to accord with British notions of fairyland.

“From Hades, evidently, the scene of the old classical story has been transferred to fairy-land; the king of the Celtic Otherworld is substituted for Pluto. References in Chaucer’s Merchant’s Tale to ‘Pluto, that is king of fayerye,’ and in Dunbar’s ‘Golden Targe’ to ‘Pluto, the elrich incubus, in cloak of green,’ attest the familiarity of the mediæval English and Scotch with this new conception of the lord of the dead. Certain other classical stories (e.g. Pyramus and Thisbe, and Narcissus) were dealt with in old French poems sometimes called lays; but no one of them presents the peculiar situation in ‘Orfeo,’ where the Celtic spirit has quite dispossessed the ancient and permeated the whole account.

“The French lay of Orpheus, from which ‘Orfeo’ is translated, is now lost; but we have references enough to it in other works to es-


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 tablish its previous existence. One, in the French prose romance of Lancelot, is of unusual interest. King Bademagus, we read, ‘was seated in an arm-chair of ivory, which was very beautiful, and before him was a harper who played ( notoit ) the lay of Orpheus; and it pleased the king so much to listen that there was no one who dared say a word.’”

I am indebted to Professor W. H. Schofield for permission to quote the foregoing paragraphs and for encouragement in the preparation of this little volume; to Dr. K. G. T. Webster for interpretations of difficult phrases, although the restrictions of metre have occasionally forced me to disregard them; and to Professor L. B. R. Briggs for his kindly critical judgment of the verse. E. E. H. Stoughton Hall, Cambridge, December tenth, 1909.


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User:FPTI

Hi! I'm Forrest, a new Wikisource user. Here are some projects I have significantly worked on since I started in December 2023.

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title: User:FPTI


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Page:The Necromancer, or, The Tale of the Black Forest Vol. 2.djvu/57

 you, need but pronounce my name and you will be safe."

I was going to embrace, and to assure him of my warmest gratitude, but he tore himself from my arms, and hastened to join his associates. Soon after I heard a confused noise before the door of the cottage, and, ere long, the whole band rode away in full speed. Now I was surrounded by midnight stillness, interrupted only by the groans of the dying robber. Max did not dare to enter the room while I was there.

I was no longer able to remain in the house, the roaring of the tempest was hushed in silence, and the dawn of morn peeping through the windows; I found my horse sleeping in a corner behind the cottage, got on his back, and rode away in a slow pace.

The morning sun rose in all his dazzling splendor, and still I was bewildered between trees and bushes, straying about two tedious


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text: Index:Manual on Uniform Traffic Control Devices for Streets and Highways, 11th Edition (December 2023).pdf


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 hours without being able to find an outlet, 'till at length I was so fortunate to meet a countryman, who, for a small reward, directed me to the road leading to N.

Warned by my dangerous adventure, I now inquired at every village for the route I was to take, and thus reached at last the place of my destination without having met with any farther misfortune. Before I arrived at N, an incident happened, which being connected with my adventure at the Haunted Castle, I cannot omit mentioning.

Coming to a village about three miles distant from N, a great noise struck my ears, proceeding, as I soon could distinguish, from a great number of recruits, carousing and singing at the inn. I alighted and entered the residence of merriment and intoxication, in order to inform myself who the commanding officer was, in hopes to meet with an old acquaintance, but I was disappointed. Two serjeants, entirely unknown to me, con-


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 ducted the transport, and, inquiring after their officer's name, I found that he was an utter stranger to me.

Having surveyed the recruits, I was going to leave the room, when my eyes by accident fell on a man, standing in a musing attitude by the fire-side, his looks fixed on the floor. Thinking to recollect his features I advanced nearer to him, he started up from his reverie, and, seeing me standing before him, staggered back with evident marks of astonishment; however, his terror soon gave way to rapturous joy; he ran towards me, caught me by the hand, and exclaimed, flushed with pleasure,

"Dear, dear Lieutenant, is it you? God be praised that you are still alive! God be praised that I have once more the happiness of seeing my kind old master!"


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 what happiness would then be my portion! I can't help indulging the thought, and pleasing my fancy with such agreeable ideas; which after all, perhaps, will never be realized—But, why should I despair? who knows what will happen?—We set out for Bath to-morrow, and I am almost sorry for it; as I begin to be in love with solitude, and this is a charming romantic place. The air is so pure; the Downs are so agreeable; the furz in full blossom; the ground enamelled with daisies, and primroses, and cowslips; all the trees bursting into leaves, and the hedges already clothed with their vernal livery; the mountains covered with flocks of sheep, and tender bleating wanton lambkins playing, frisking, and skipping from side to side; the groves resound with the notes of black-bird, thrush, and linnet; and all night long sweet Philomel pours forth her ravishingly delightful song. Then, for variety, we go down to the nymph of Bristol spring, where the company is assembled before dinner; so good natured, so free, so easy; and there we drink the water so clear, so pure, so mild, so charmingly maukish. There the sun is so chearful and reviving; the weather so soft; the


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Rh It offered one or more of these services in CAR, Mozambique, Sudan, Syria and Mali. The network also offered a personal protection detail for leaders; suppressed 'security threats' in the form of political protests and opposition; and offered political 'consultancy' services to strengthen an incumbent regime. The former Wagner fighter asserted that, except for Ukraine, Wagner operates "only by agreement with the current government", However, we note that rebel military leaders have also sought the network's services to further their campaigns, which appears to contradict the fighter's claim. The network's counter-terrorism services may have sometimes furthered stability. In CAR, its fighters helped the army to repel a major Islamist offensive in early 2021 and retake swathes of territory. Growing concerns over terrorism in the Sahel region of Africa may lead other national governments in the region to engage the network's services.

17. '''Host governments and other non-regime actors must perceive benefits from engaging with the Wagner Network, because they consider it the most effective form of protection and security. There are examples of its fighters furthering a regime's security objectives, even if this meant neutering political opposition.'''


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 walk so agreeable; the prospect so amusing; and the ships and boats going up and down the river, close under the windows of the Pump-room, afford such an enchanting variety of moving pictures, as require a much abler pen than mine to describe. To make this place a perfect paradise to me, nothing is wanting but an agreeable companion and sincere friend; such as my dear miss Willis hath been, and I hope still will be, to her ever faithful

1em


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Rh

18. The brutality of Wagner fighters when offering military services is notorious and well-documented, violating the norms of international law and taking the lives of civilians. Dr Sorcha MacLeod, Chair of the UN Working Group on Mercenaries, warned of the "trends of widespread violence and grave human rights violations" that surround them. Wagner fighters stand accused of atrocities in virtually all of the countries where they have operated militarily since 2014. Examples include:

In Ukraine, the German foreign intelligence service intercepted messages in April 2022 suggesting Wagner fighters played a leading role in the massacre in Bucha. Within the wider Russia-Ukraine war, Wagner fighters and regular members of the Russian Armed Forces are "given a free hand to conduct cruelty", according to Bellingcat's Christo Grozev. The Ukrainian Prosecutor General is processing more than 93,000 incidents of potential war crimes in Ukraine; he said on 3 July 2023 that Wagner forces had committed "among the most severe crimes" within this number.

UN experts have said Wagner fighters in the Central African Republic carried out grave human rights abuses, including summary executions, torture and gender-based violence. The Sentry, an investigative and policy NGO, accused Wagner fighters of creating "a climate of terror and fear". In October 2021, the CAR national authorities admitted Wagner fighters' role in atrocities.

A UN fact-finding mission verified the involvement of Wagner fighters in an 'anti-terrorist' operation in Mali from December 2021, which, in March 2022, led


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MUTCD 11th Edition

December 2023


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Rh

The following written evidence was received and can be viewed on the inquiry publications page of the Committee's website.

WGN numbers are generated by the evidence processing system and so may not be complete.

 * 1) Anonymised (WGN0014)
 * 2) Anonymised (WGN0026)
 * 3) Center on Terrorism, Extremism, and Counterterrorism - Middlebury Institute of International Studies (WGN0023)
 * 4) Democracy & Human Rights Foundation (WGN0011)
 * 5) DeVore, Dr Marc; Harkness, Dr Kristen; Orr, Professor Andrew; and Plichta, Mr Marcel (WGN0008)
 * 6) Dossier Center (WGN0009)
 * 7) Foreign, Commonwealth and Development Office (WGN0025)
 * 8) Galeotti, Professor Mark (WGN0005)
 * 9) Henry Jackson Soceity (WGN0020)
 * 10) International Code of Conduct Association (WGN0015)
 * 11) Petersohn, Dr Ulrich (WGN0004)
 * 12) Proelium Law (WGN0016)
 * 13) Protection Approaches (WGN0024)
 * 14) Tamil Information Centre (WGN0010)
 * 15) The Sentry (WGN0017)
 * 16) Transparency International UK and Transparency International Defence & Security (WGN0021)
 * 17) White, Mr Darren (WGN0001)


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Page:The Philippine Islands, 1493-1803 (Volume 09).pdf/18

 memorandum—unsigned and undated, but probably written about 1593—of "the troops required in the Philippines;" this is itemized, and gives a total of 1,517. On September 27, 1593, Dasmariñas sends a friendly letter, with gifts, to the king of Camboja, who is threatened by the king of Siam; and he offers to be arbitrator of their differences. An unsigned list (1594?) is given of the villages reduced by the Spaniards under an officer named Berramontano.

Luis Perez, son of Gomez Perez Dasmariñas, who has succeeded to his father's office, writes to the king of Camboja (February 8, 1594) renewing his father's proffers of friendship for that ruler. At this time Hernando de los Rios, administrator of the royal hospital at Manila, demands from the government more aid for that institution. Witnesses testify that there is much sickness and mortality among the Spanish soldiery in the islands; and that the hospital, as their only resource for care when ill, should receive an increase of its present inadequate income, and new buildings should be constructed for its use.

In 1594 Francisco de Ortega, Augustinian visitor-general in the Philippines, presents a number of reports and petitions to the king. The abstracts of these papers which are preserved in the Sevilla archives are here presented. The first of these documents contains a list of the islands, with a brief account of their size and population, of the number of religious already at work in them, and of the number yet needed. Next, Ortega asks for certain grants from the royal bounty for his order: a fixed sum for the building of the burnt monastery; an increased allowance for the yearly support of the religious, as prices have risen; allowances of wine, oil, and medi-


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 house for colonists, and of a hospital for the servants of Spaniards. In another letter (June 22) the governor commends to Felipe's favor Carbajal, the captain who had gone to Japan; the latter is now sent to Spain with Hideyoshi's letter. On the next day, Dasmariñas advises the king of further news and despatches from Japan, sent by the envoy Fray Pedro Baptista. The Japanese emperor professes friendship, but Dasmariñas does not trust him, and has done all in his power to fortify Manila.

Carbajal, the captain who conveyed the Franciscans to Japan, writes (1595?) to the king, to inform him of the prosperity and importance of that country, and the attitude of its ruler toward the Spaniards. The emperor has treated the Franciscans kindly. Carbajal recommends that the Spanish trade in China should be diverted to Japan. In 1595 the diocese of Manila is elevated to an archdiocese, and three new bishoprics are created—those of Cébu, Nueva Cáceres, and Nueva Segovia. The king of Spain, in the decree (June 17) making provision for this, also appoints incumbents for these posts.

Dr. Antonio de Morga, sent to the Philippines in place of Rojas, reports to Felipe II (June 25, 1595) his arrival and inauguration as lieutenant-governor, and urges the necessity of an investigation (which was accordingly decreed) of the royal treasury of the islands. He encloses the various official papers establishing his appointment and inauguration in due form. In August of that year, Luis Dasmariñas is persuaded to send aid to the king of Camboja against the Siamese. This is requested in his behalf by Diego Veloso, a Portuguese adventurer who has spent ten years in that country, and who states that its ruler


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MUTCD 11th Edition GENERAL

CHAPTER 1A. GENERAL

Section 1A.01

Support:

The purpose of the MUTCD is to establish uniform national criteria for the use of traffic control devices that meet the needs and expectancy of road users on all streets, highways, pedestrian and bicycle facilities, and site roadways open to public travel.

This purpose is achieved through the following objectives:
 * A. Promote safety, inclusion, and mobility for all users of the road network;
 * B. Promote efficiency through creating national uniformity in the meaning and appearance of traffic control devices;
 * C. Promote national consistency in the use, installation, and operation of traffic control devices; and
 * D. Provide basic principles for traffic engineers to use in making decisions regarding the use, installation, operation, maintenance, and removal of traffic control devices.

Uniformity of the meaning of traffic control devices is vital to their effectiveness. Uniformity means treating similar situations in a similar way. Uniformity of devices simplifies the task of the road user because it aids in recognition and understanding, thereby reducing perception/reaction time. Uniformity assists road users, law enforcement officers, and traffic courts by giving everyone the same interpretation. Uniformity assists public highway officials through efficiency in manufacture, installation, maintenance, and administration.

The use of uniform traffic control devices also requires uniform and appropriate application.

The applicability of the MUTCD to facilities open to public travel is independent of the type of ownership or jurisdiction (public or private) and the source of funding (Federal, State, local, or private).

This Manual presumes the user of the MUTCD has sufficient working knowledge, professional training and experience, and education in the principles of traffic engineering. Other resources can be consulted to understand the basis for decisions that are made in which engineering study or judgment will be applied.

Section 1A.02

Support:

As defined in Section 1C.02 of this Manual, traffic control devices include all signs, signals, markings, channelizing devices, or other devices that use colors, shapes, symbols, words, sounds, and/or tactile information for the primary purpose of communicating a regulatory, warning, or guidance message to road users on a street, highway, pedestrian facility, bikeway, pathway, or site roadway open to public travel.

Infrastructure elements that restrict the road user’s travel paths or vehicle speeds, such as islands, curbs, speed humps, and other raised roadway surfaces, are not traffic control devices. Transverse or longitudinal rumble strips are also not traffic control devices. Operational devices associated with the application of traffic control strategies such as fencing, roadway lighting, barriers, and attenuators are shown in this Manual for context, but their design, application, and usage are not specified since they are not traffic control devices.

Certain types of signs and other devices that do not have any traffic control purpose are sometimes placed within the highway right-of-way by or with the permission of the public agency or the official having jurisdiction over the street or highway. These signs and other devices are not considered to be traffic control devices and provisions regarding their design and use are not included in this Manual. Among these signs and other devices are the following:

 * A. Devices whose purpose is to assist highway maintenance personnel, such as markers to guide snowplow operators, devices that identify culvert and drop inlet locations, and devices that precisely identify highway locations for maintenance or mowing purposes;
 * B. Devices whose purpose is to assist fire or law enforcement personnel, such as markers that identify fire hydrant locations, signs that identify fire or water district boundaries, speed measurement pavement markings, small indicator lights to assist in enforcement of red light violations, and photo enforcement systems;
 * C. Devices whose purpose is to assist utility company personnel and highway contractors, such as markers that identify underground utility locations;
 * D. Signs posting local non-traffic ordinances; and
 * E. Signs giving civic organization meeting information.

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 cine for the Augustinian convent at Manila; and an increase in the number of religious provided for it. He complains that the Dominicans are, by their mission to the Chinese, intruding upon the rights of the Augustinians, and prays for the establishment of a convent of Recollect Augustinians in a place proposed by him. Ortega urges upon the king the temporal and spiritual importance of providing religious ministers, of striving to gain an entrance to China, of accepting the advances of the Japanese king of Firando, of conquering Ternate, of resisting the Japanese tyrant, and of pacifying Mindanao. He asks that more troops be sent to Cébu; that the Spanish settlement there be raised to the rank of a city; that the regidors be crown appointees; and that its people be permitted to send their exports directly to Nueva España. He also advises that the port of Cavite be more strongly fortified. A royal decree (April 27) orders that one hundred religious be sent to the islands.

On April 22, 1594, a council of war is held at Manila, to agree upon the reply which shall be made to an arrogant despatch from the Japanese emperor, ostensibly peaceful, but containing covert threats and accepting certain gifts as tokens of vassalage. He then reads a draft of reply, which is criticized as likely to cause unnecessary offense by some expressions therein; an amended reply is read and adopted by the council, a few days later.

Luis Perez Dasmariñas asks (June 15, 1594) from Felipe II aid for two charitable institutions in Manila—the girls' seminary of Sancta Potenciana, and the Confraternity of La Misericordia; also for the establishment and support of a temporary lodging


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 gerous, that there are at present as many creeds as there are opinions among men, as many doctrines as inclinations; and as many sources of blasphemy, as there are faults among us; because we make creeds arbitrarily, and explain them as arbitrarily. And as there is but one faith; so there is but one only God, one Lord, and one baptism. We renounce this one faith, when we make so many different creeds; and that diversity is the reason why we have no true faith among us. We cannot be ignorant that, since the council of Nice, we have done nothing but made creeds. And while we fight against words, litigate about new questions, dispute about equivocal terms, complain of authors, that every one may make his own party triumph; while we cannot agree, while we anathematise one another, there is hardly one that adheres to Jesus Christ. What change was there not in the creed last year! The first council ordained a silence upon the homousion; the second established it, and would have us speak; the third excuses the fathers of the council, and pretends they took the word ousia simply; the fourth condemns them, instead of excusing them. With respect to the likeness of the Son of God to the Father, which is the faith of our deplorable times, they dispute whether he is like in whole, or in part. These are rare folks to unravel the secrets of heaven. Nevertheless it is for these creeds, about invisible mysteries, that we calumniate one another, and for our belief in God. We make creeds every year, nay every moon we repent of what we have done, we defend those that repent, we anathematise those we defended. So we condemn either the doctrine of others in ourselves, or our own in that of others, and, reciprocally tearing one another to pieces, we have been the cause of each other's ruin."


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understanding of man does so surpass that of brutes, that some are of opinion brutes are mere machines, without any manner of perception at all. But letting this opinion alone as ill-grounded, we will proceed to the consideration of human understanding, and the distinct operations thereof.

The lowest degree of it consists in perception, which we have before in part taken notice of, in our discourse of the senses. Concerning which it may be convenient farther to observe, that, to conceive a right notion of perception, we must consider the distinct objects of it, which are simple ideas; v. g. such as are those signified by these words, scarlet, blue, sweet, bitter, heat, cold, &c. from the other objects of our senses; to which we may add the internal operations of our minds, as the objects of our own reflection, such as are thinking, willing, &c.

Out of these simple ideas are made, by putting them together, several compounded or complex ideas; as those signified by the words pebble, marygold, horse.

The next thing the understanding doth in its progress to knowledge, is to abstract its ideas, by which abstraction they are made general.

A general idea is an idea in the mind, considered there as separated from time and place; and so capable to represent any particular being that is conformable to it. Knowledge, which is the highest degree of the speculative faculties, consists in the perception of the truth of affirmative or negative propositions.

This perception is either immediate or mediate. Immediate perception of the agreement or disagreement of two ideas is, when, by comparing them together in our minds, we see, or, as it were, behold, their agreement or disagreement. This, therefore, is


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 the thin membranes of a bladder, and many of them scarce ordinary white paper.

There is a great variety of smells, though we have but a few names for them; sweet, stinking, sour, rank, and musty, are almost all the denominations we have for odours; though the smell of a violet, and of musk, both called sweet, are as distinct as any two smells whatsoever.

Taste is the next sense to be considered.

The organ of taste is the tongue and palate.

Bodies that emit light, sounds, and smells, are seen, heard, and smelt at a distance; but bodies are not tasted, but by immediate application to the organ; for till our meat touch our tongues, or palates, we taste it not, how near soever it be.

It may be observed of tastes, that though there be a great variety of them, yet, as in smells, they have only some few general names; as sweet, bitter, sour, harsh, rank, and some few others.

The fifth and last of our senses is touch; a sense spread over the whole body, though it be most eminently placed in the ends of the fingers.

By this sense the tangible qualities of bodies are discerned; as hard, soft, smooth, rough, dry, wet, clammy, and the like.

But the most considerable of the qualities that are perceived by this sense, are heat and cold.

The due temperament of those two opposite qualities is the great instrument of nature that she makes use of in most, if not all, her productions.

Heat is a very brisk agitation of the insensible parts of the object, which produces in us that sensation from whence we denominate the object hot; so what in our sensation is heat, in the object is nothing but


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Rh told him that those without anger are ever superior to those under its sway: those disposed to forgive are ever superior to the unforgiving. Man is superior to the lower animals. Among men again the learned are superior to the unlearned. If wronged thou shouldst not wrong in return. One's wrath, if disregarded, burneth one's own self; while he that regardeth it not taketh away all the virtues of him that exhibiteth it. Never shouldst thou pain others by cruel speeches. Never subdue thy foes by despicable means; and never utter such scorching and sinful words as may torture others. He that pricketh as with thorns men by means of hard and cruel words, thou must know ever carrieth in his mouth a Rakshasa. Prosperity and luck fly away at his very sight. Thou shouldst ever keep the virtuous before thee as thy models: thou shouldst ever in retrospect compare thy acts with those of the virtuous: thou shouldst ever disregard the hard words of the wicked. Thou shouldst ever make the conduct of the wise the model upon which thou art to act thyself. The man hurt by the arrows of cruel speech emitted from one's lips, weepeth day and night. Indeed, these strike at the core of the body. Therefore the wise never fling these around at others. There is nothing in the three worlds by which thou canst worship and adore the [sic]dieties better than by kindness, friendship, charity, and sweet speeches unto all. Therefore shouldst thou always utter words that soothe, never those that scorch. And thou shouldst regard those that deserve thy regards; thou shouldst always give but never beg.

Thus ends the eighty-seventh Section in the Sambhava of the Adi Parva.

( Sambhava Parva continued. )

Vaisampayana said, "After this, Indra again asked Yayati, 'Thou hadst retired into the woods, O king, after accomplishing all thy duties. O Yayati son of Nahusha, I would ask thee, with whom art thou equal in ascetic austerities?' Yayati then answered, 'O Vasava, I do not, in ascetic austerities,


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264 behold my equal among men, the clestialscelestials [sic], the Gandharvas, and the great Rishis!' Indra then said, 'O monarch, because thou dost disregard those that are thy superiors, thy equals, and even thy inferiors, without, in fact, knowing their real merits, therefore, thy virtues have suffered a diminution and thou must fall from heaven!' Yayati then said, 'O Sakra, if, indeed, my virtues have really sustained a diminution and I must on, that account fall down from heaven, I desire, O chief of the celestials, that I may at least fall among the virtuous and the honest.' Indra then replied, 'Yes O king, thou shalt fall among those that are virtuous and wise; and thou shalt acquire also much renown. And after this experience of thine, O Yayati, never more disregard those that are thy superiors or even thy equals.

Vaisampayana continued, "Upon this, Yayati fell from the region of the celestials. And as he was falling, he was beheld by the foremost of royal sages Ashtaka, the protector of his own religion. And Ashtaka beholding him enquired, 'Who art thou, O youth, of beauty equal to that of Indra himself, in splendour blazing as the fire, thus falling from high! Art thou that foremost of sky-ranging bodies—the sun—emerging from dark masses of clouds? Indeed, beholding thee falling from the solar course, possessed of immeasurable energy and the splendour of fire or the sun, every one is exercised as to what it is that is so falling, and is, besides, deprived of consciousness! Beholding thee in the path of the celestials, possessed of energy like that of either Sakra, Surya, or Vishnu, we have approached thee to ascertain the truth! If thou hadst first asked us to who we are, we would never have been guilty of the incivility of asking thee first. We now ask thee who thou art and why dost thou approach hither? Let thy fears be dispelled; let thy woes and afflictions cease! Thou art now in the presence of the virtuous and the wise. Even Sakra himself—the slayer of Vala—can not here do thee an injury! O thou of the prowess of the chief of the celestials, the wise and the virtuous are the support of their brethren in grief. Here there are none but the wise and virtuous like thee, assembled together! Therefore stay thou here in peace.


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Rh Fire alone hath power to give heat. The Earth alone hath power to infuse life into the seed. The Sun alone hath power to illuminate everything. So thee guest alone hath power to command the virtuous and the wise.

Thus ends the eighty-eighth Section in the Sambhava of the Adi Parva.

( Sambhava Parva continued. )

"Yayati said, 'I am Yayati the son of Nahusha and the father of Puru. For having disregarded every creature, cast off from the region of the celestials and of Rishis crowned with success, I am falling down, my righteousness having sustained a diminution. In years I am older than ye. Therefore have I not saluted ye first. Indeed, the Brahmanas always regard him who is older in years or superior in learning or ascetic merit.'

"Ashtaka then replied, 'Thou sayest, O monarch, that he who is older in years is worthy of regard. But it is said that he is truly worthy of worship who is superior in learning and ascetic merit.'

"Yayati to this: 'It is said that sin destroyeth the merit of our virtuous acts. Vanity containeth the element of that which leadeth to hell. The virtuous never follow in the wake of the vicious. They act in such a way that their religious merit always increaseth. I myself had great religious merit, All that, however, is gone. I would scarcely be able to regain it even by my best exertions. Beholding my fate, he that is bent upon achieving his own good, will certainly suppress vanity. He who having acquired great wealth performeth meritorious sacrifices, who having acquired all kinds of learning remaineth humble, and who having studied the whole Vedas devoteth himself to asceticism with a heart withdrawn from all mundane enjoyments, goeth to heaven. None should exult for having acquired great wealth. None should feel vain on having studied the whole Vedas. In the world men are of different dispositions. Destiny is supreme. Both  34


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MUTCD 11th Edition GENERAL Section 2E.01

Support:

The provisions of this Chapter provide a uniform and effective system of signing for high-volume, high-speed motor vehicle traffic on freeways and expressways. The requirements and specifications for expressway signing exceed those for conventional roads (see Chapter 2D), but are less than those for freeway signing. Since there are many geometric design variables to be found in existing roads, a signing concept commensurate with prevailing conditions is the primary consideration. Section 1C.02 includes definitions of freeway and expressway.

Guide signs for freeways and expressways are primarily identified by the name of the sign rather than by an assigned sign designation. Guidelines for the design of guide signs for freeways and expressways are provided in the "Standard Highway Signs" publication (see Section 1A.05).

Standard:

The provisions of this Chapter shall apply to any highway that meets the definition of freeway or expressway facilities.

Section 2E.02

Support:

The development of a signing system for freeways and expressways is approached on the premise that the signing is primarily for the benefit and direction of road users who are unfamiliar with the route or area. The signing furnishes road users with clear instructions for orderly progress to their destinations. Sign installations are an integral part of the facility and, as such, are best planned concurrently with the development of highway location and geometric design. For optimal results, plans for signing are analyzed during the earliest stages of preliminary design, and details are correlated as final design is developed. The excessive signing found on many major highways usually is the result of using a multitude of signs that are too small and that are poorly designed and placed to accomplish the intended purpose.

Freeway and expressway signing is to be considered and developed as a planned system of installations. An engineering study is sometimes necessary for proper solution of the problems of many individual locations, but, in addition, consideration of an entire route is necessary.

Guidance:

''Road users should be guided with consistent signing on the approaches to interchanges, when they drive from one State to another, and when driving through rural or urban areas. Because geographical, geometric, and operating factors regularly create significant differences between urban and rural conditions, the signing should take these conditions into account.''

Guide signs on freeways and expressways should serve distinct functions as follows:
 * A. Give directions to destinations, or to streets or highway routes, at intersections or interchanges;
 * B. Furnish advance notice of the approach to intersections or interchanges;
 * C. Direct road users into appropriate lanes in advance of diverging or merging movements;
 * D. Identify routes and directions on those routes;
 * E. Show distances to destinations;
 * F. Indicate access to general motorist services, rest, scenic, and recreational areas; and
 * G. Provide other information of navigational value to the road user.

Section 2E.03

Support:

Freeway and expressway guide signs are classified and addressed as follows:
 * A. Interchange signs (see Sections 2E.21 through 2E.23 and 2E.25 through 2E.44);
 * B. Interchange Sequence signs (see Section 2E.24);
 * C. Post-Interchange signs (see Sections 2E.47 through 2E.49);
 * D. Community Interchanges Identification signs (see Section 2E.52);
 * E. Next Exits signs (see Section 2E.53);
 * F. Weigh Station signs (see Section 2E.54);
 * G. Route signs and Trailblazer Assemblies (see Section 2E.55);
 * H. At-Grade Intersection signs (see Section 2E.58);
 * I. General Information signs (see Chapter 2H);
 * J. Reference Location signs (see Sections 2H.11 and 2H.12);
 * K. General Service signs (see Chapter 2I);

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Page 2 Section 1A.03

Support:

Traffic control devices can be targeted at operators of motor vehicles, including driving automation systems, and at vulnerable road users.

Targeted operators of motor vehicles include motorists, public transportation operators, truck drivers, and motorcyclists. Targeted users also include vulnerable road users, who have little to no protection from crash forces. These users are defined in Title 23, U.S.C. 148(a). They include bicyclists and pedestrians, including persons with disabilities. Pedestrians with disabilities might be blind or vision-impaired, have mobility limitations, or other impairments. Protection of vulnerable users is a priority in this Manual as directed in Section 11135 of the Infrastructure Investment and Jobs Act.

Operators of motor vehicles and vulnerable road users are both likely to be present on roadways where adjacent land use suggests that trips could be served by varied modes. Application of traffic control devices on these roadways requires careful consideration of measures to set and design for appropriate speeds; separation of various users in time and space; improvement of connectivity and access for pedestrians, bicyclists, and transit riders, including for people with disabilities; and implementation of safety countermeasures.

Section 1A.04

Support:

Traffic control device principles in the MUTCD are developed for and used by individuals who are duly authorized and qualified to conduct traffic control device activities.

Standard:

'''Where the content of this Manual requires a decision for implementation, such decisions shall be made by an engineer, or an individual under the supervision of an engineer, who has the appropriate levels of experience and expertise to make the traffic control device decision. Those decisions shall be made using engineering judgment or engineering study, as required by the MUTCD provision.'''

Support:

Section 1C.02 contains definitions of “engineering study” and “engineering judgment.”

Guidance:

In making traffic control device decisions, individuals should consider the impacts of the decision on the following: safety and operational efficiency (mobility) of all road users at that location, the effective use of agency resources, cost-effectiveness, and enforcement and education aspects of traffic control devices.

Support:

Throughout this Manual the headings Standard, Guidance, Option, and Support, the meanings of which are defined in Section 1C.01, are used to classify the nature of the text that follows. Figures and tables, including the notes contained therein, supplement the text and might constitute a Standard, Guidance, Option, or Support. The user needs to refer to the appropriate text to classify the nature of the figure, table, or note contained therein.

Guidance:

''Except when a specific numeral is required or recommended by the text of a Section of this Manual, numerals displayed on the images of devices in the figures that specify quantities such as times, distances, speed limits, and weights should be regarded as examples only. When installing any of these devices, the numerals should be appropriately altered to fit the specific situation.''

''Similarly, destination names, route numbers, and State route shields that are displayed on the images of devices in the figures should be regarded as examples only. When installing any of these devices, the destination names, route numbers, and State route shields should be appropriately altered to fit the specific situation.''

Support:

The information contained in Paragraphs 9 and 10 of this Section will be useful when reference is being made to a specific portion of text in this Manual.

There are nine Parts in this Manual and each Part includes one or more Chapters. Each Chapter includes one or more Sections. Parts are identified by a single-digit numerical identification, such as “Part 2 – Signs.” Chapters are identified by the Part number and a letter, such as “Chapter 2B – Regulatory Signs.” Sections are identified by the Chapter number and letter followed by a decimal point and a 2-digit number, such as “Section 2B.03 – Size of Regulatory Signs.” In some Chapters, the Sections are grouped together by subject into unnumbered sub-chapters with a heading, such as “Signing for Right-of-Way at Intersections” (for Sections 2B.06 through 2B.20).

Each Section includes one or more paragraphs. The paragraphs are indented and are identified by a number. Paragraphs are counted from the beginning of each Section without regard to the intervening text headings (Standard, Guidance, Option, or Support) or any intervening text in embedded Figures or Tables. Some paragraphs have lettered or numbered items. As an example of how to cite this Manual, the phrase “[n]ot less than 40 feet beyond the stop line” that appears in Section 4D.08 of this Manual would be referenced in writing as “Section 4D.08, Par.1, A.1,” and would be verbally referenced as “Item A.1 of Paragraph 1 of Section 4D.08.” Sect. 1A.03 to 1A.04


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