23 U.S.C. § 150 (HIGHWAYS)
§ 150. National goals and performance management measures
(a) Declaration of Policy.—
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) National Goals.—
It is in the interest of the United States to focus the Federal-aid highway program on the following national goals:
(1) Safety.—
To achieve a significant reduction in traffic fatalities and serious injuries on all public roads.
(2) Infrastructure condition.—
To maintain the highway infrastructure asset system in a state of good repair.
(3) Congestion reduction.—
To achieve a significant reduction in congestion on the National Highway System.
(4) System reliability.—
To improve the efficiency of the surface transportation system.
(5) Freight movement and economic vitality.—
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) Environmental sustainability.—
To enhance the performance of the transportation system while protecting and enhancing the natural environment.
(7) Reduced project delivery delays.—
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) Establishment of Performance Measures.—
(1) In general.—
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) Administration.—
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) National highway performance program.—
(A) In general.—
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) Regions.—
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) Highway safety improvement program.—
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) Congestion mitigation and air quality program.—
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) National freight movement.—
The Secretary shall establish measures for States to use to assess freight movement on the Interstate System.
(d) Establishment of Performance Targets.—
(1) In general.—
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) Different approaches for urban and rural areas.—
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) Reporting on Performance Targets.—
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.
(Added Pub. L. 112–141, div. A, title I, § 1203(a), July 6, 2012, 126 Stat. 524, amended Pub. L. 114–94, div. A, title I, § 1446(a)(4)–(6), (d)(2)(A), Dec. 4, 2015, 129 Stat. 1437, 1438.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2015 Amendment
text: Except 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.
heading: Effective Date
text: 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.
heading: Performance Management Data Support Program
text: 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.”