§150 — Title 23 Highways | U.S. Code

Summary

Requires the Federal highway program to use performance management so federal transportation money is spent more wisely, decisions are clearer, and projects work better. It focuses the program on seven national goals: cut traffic deaths and serious injuries; keep roads and bridges in good repair; reduce congestion; make the surface transportation system more efficient; improve freight movement and help rural trade and regional economies; protect and improve the environment; and lower project costs and delays to speed work and create jobs. The Secretary must write rules within 18 months after MAP–21 was enacted, working with State transportation departments, metropolitan planning organizations, and others. The rules must allow at least 90 days for comment, consider those comments, and include only the measures listed in the law. The rules will set standards for pavement and bridge management and data, condition and performance measures for the Interstate and National Highway System (NHS), minimum pavement condition levels (which can vary by region), safety measures for serious injuries and fatalities (per vehicle mile and total numbers), congestion and on‑road emissions measures, and freight movement on the Interstate. Within 1 year after the final rule, each State must set performance targets (they may set different targets for urban and rural areas). Within 4 years after MAP–21 and every two years after that, each State must report to the Secretary on NHS condition and performance, how its investment strategy is working, progress on targets, and how it is addressing freight bottleneck congestion.

Title 23, §150

Highways — Source: USLM XML via OLRC

(a)Performance management will transform the Federal-aid highway program and provide a means to the most efficient investment of Federal transportation funds by refocusing on national transportation goals, increasing the accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performance-based planning and programming.

(b)It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:

(1)To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.

(2)To maintain the highway infrastructure asset system in a state of good repair.

(3)To achieve a significant reduction in congestion on the National Highway System.

(4)To improve the efficiency of the surface transportation system.

(5)To improve the National Highway Freight Network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development.

(6)To enhance the performance of the transportation system while protecting and enhancing the natural environment.

(7)To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices.

(c)(1)Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate a rulemaking that establishes performance measures and standards.

(2)In carrying out paragraph (1), the Secretary shall—

(A)provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regulation proposed by the Secretary under that paragraph;

(B)take into consideration any comments relating to a proposed regulation received during that comment period; and

(C)limit performance measures only to those described in this subsection.

(3)(A)Subject to subparagraph (B), for the purpose of carrying out section 119, the Secretary shall establish—

(i)minimum standards for States to use in developing and operating bridge and pavement management systems;

(ii)measures for States to use to assess—

(I)the condition of pavements on the Interstate system;

(II)the condition of pavements on the National Highway System (excluding the Interstate);

(III)the condition of bridges on the National Highway System;

(IV)the performance of the Interstate System; and

(V)the performance of the National Highway System (excluding the Interstate System);

(iii)minimum levels for the condition of pavement on the Interstate System, only for the purposes of carrying out section 119(f)(1); and

(iv)the data elements that are necessary to collect and maintain standardized data to carry out a performance-based approach.

(B)In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States experience disparate factors contributing to the condition of pavement on the Interstate System in those regions, the Secretary may establish different minimum levels for each region.

(4)For the purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—

(A)serious injuries and fatalities per vehicle mile traveled; and

(B)the number of serious injuries and fatalities.

(5)For the purpose of carrying out section 149, the Secretary shall establish measures for States to use to assess—

(A)traffic congestion; and

(B)on-road mobile source emissions.

(6)The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.

(d)(1)Not later than 1 year after the Secretary has promulgated the final rulemaking under subsection (c), each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection (c).

(2)In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.

(e)Not later than 4 years after the date of enactment of the MAP–21 and biennially thereafter, a State shall submit to the Secretary a report that describes—

(1)the condition and performance of the National Highway System in the State;

(2)the effectiveness of the investment strategy document in the State asset management plan for the National Highway System;

(3)progress in achieving performance targets identified under subsection (d); and

(4)the ways in which the State is addressing congestion at freight bottlenecks, including those identified in the national freight strategic plan, within the State.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the MAP–21, referred to in subsecs. (c)(1) and (e), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. Codification Pub. L. 114–94, div. A, title I, § 1446(d)(2)(A), Dec. 4, 2015, 129 Stat. 1438, amended directory language of Pub. L. 112–141, div. A, title I, § 1203(a), July 6, 2012, 126 Stat. 524, which enacted this section.

Prior Provisions

A prior section 150, added Pub. L. 93–87, title I, § 157(a), Aug. 13, 1973, 87 Stat. 277; amended Pub. L. 97–424, title I, § 124, Jan. 6, 1983, 96 Stat. 2113, related to allocation of urban system funds, prior to repeal by Pub. L. 105–178, title I, § 1103(l)(5), as added Pub. L. 105–206, title IX, § 9002(c)(1), July 22, 1998, 112 Stat. 834.

Amendments

2015—Subsec. (b)(5). Pub. L. 114–94, § 1446(a)(4), substituted “National Highway Freight Network” for “national freight network”. Subsec. (c)(3)(B). Pub. L. 114–94, § 1446(a)(5), substituted period for semicolon at end. Subsec. (e)(4). Pub. L. 114–94, § 1446(a)(6), substituted “national freight strategic plan” for “National Freight Strategic Plan”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentExcept as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(2)(A) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title. Performance Management Data Support Program Pub. L. 114–94, div. A, title VI, § 6028, Dec. 4, 2015, 129 Stat. 1587, as amended by Pub. L. 117–58, div. A, title III, § 13003, Nov. 15, 2021, 135 Stat. 628, provided that: “(a) Performance Management Data Support.—The Administrator of the Federal Highway Administration shall develop, use, and maintain data sets and data analysis tools to assist metropolitan planning organizations, States, and the Federal Highway Administration in carrying out performance management analyses (including the performance management requirements under section 150 of title 23, United States Code). “(b) Inclusions.—The data analysis activities authorized under subsection (a) may include—“(1) collecting and distributing vehicle probe data describing traffic on Federal-aid highways; “(2) collecting household travel behavior data to assess local and cross-jurisdictional travel, including to accommodate external and through travel; “(3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data, so as to better understand trip origin and destination, trip time, and mode; “(4) enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section 150(e) of title 23, United States Code; and “(5) developing tools—“(A) to improve performance analysis; and “(B) to evaluate the effects of project investments on performance. “(c) Funding.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of the Federal Highway Administration may use up to $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section.”

§150 National goals and performance management measures

Summary

Title 23, §150

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata