Page:United States Statutes at Large Volume 90 Part 1.djvu/504

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 454

PUBLIC LAW 94-280—MAY 5, 1976

as being in the public interest, if he has received satisfactory assurances from such State highway department that the purposes of the program from which such funds are to be transferred have been met.". (c) Subsection (g) of section 104 of title 23, United States Code, is further amended by adding at the end thereof the following new sentences: "All or any part of the funds apportioned in any fiscal year to a State in accordance with section 203(d) of the Highway Safety Act 23 USC 130 note, of 1973 from funds authorized in section 203(c) of such Act, may be transferred from that apportionment to the apportionment made under section 219 of this title if such transfer is requested by the State highway department and is approved by the Secretary after he has received satisfactory assurances from such department that the purposes of such section 203 have been met. Nothing in this subsection authorizes the transfer of any amount apportioned from the Highway Trust Fund to any apportionment the funds for which were not from the Highway Trust Fund, and nothing in this subsection authorizes the transfer of any amount apportioned from funds not from the Highway Trust Fund to any apportionment the funds for which were from the Highway Trust Fund.". PAVEMENT MARKING

PROGRAM

SEC. 207. (a) Subsection (c) of section 151 of title 23, United States Code, is amended by striking out "and which are" and all that follows down through and including "Federal-aid system". (b) Subsection (g) of such section 151 is amended by adding at the end thereof the following: "No State shall submit any such report to the Secretary for any year after the second year following completion of the pavement marking program in that State, and the Secretary shall not submit any such report to Congress after the first year following the completion of the pavement marking program in all States.". H I G H W A Y SAFETY PROGRAMS

Motorcycle safety SEC. 208. (a) The last three sentences of subsection (c) of section helmets. 492 of title 23, United States Code, are amended to read as follows: "For the purpose of the seventh sentence of this subsection, a highway safety program approved by the Secretary shall not induct any requirement that a State implement such a program by adopting or

-• enforcing any law, rule, or regulation based on a standard promulgated by the Secretary under this section requiring any motorcycle operator eighteen years of age or older or passenger eighteen years of age or older to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. Implementation of a highway safety program under this section shall not be construed to require the Secretary to require compliance with every uniform standard, or with every element of every uniform standard, in every State.". Evaluation. (h) The Secretary of Transportation shall, in cooperation with the 23 USC 402 note. States, conduct an evaluation of the adequacy and appropriateness of all uniform safety standards established under section 402 of title 23 of the United States Code which are in effect on the date of enactment Report to of this Act. The Secretary shall report his findings, together with his Congress. recommendations, including but not limited to, the need for revision or consolidation of existing standards and the establishment of new