United States Code, 2011 Edition
Title 23 - HIGHWAYS
CHAPTER 3 - GENERAL PROVISIONS
Sec. 303 - Management systems
From the U.S. Government Publishing Office, www.gpo.gov
§303. Management systems
(a) Regulations.—Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations for State development, establishment, and implementation of a system for managing each of the following:
(1) Highway pavement of Federal-aid highways.
(2) Bridges on and off Federal-aid highways.
(3) Highway safety.
(4) Traffic congestion.
(5) Public transportation facilities and equipment.
(6) Intermodal transportation facilities and systems.
In metropolitan areas, such systems shall be developed and implemented in cooperation with metropolitan planning organizations. Such regulations may include a compliance schedule for development, establishment, and implementation of each such system and minimum standards for each such system.
(b) Traffic Monitoring.—Not later than 1 year after the date of the enactment of this section, the Secretary shall issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment.
(c) State Election.—A State may elect, at any time, not to implement, in whole or in part, 1 or more of the management systems required under this section. The Secretary may not impose any sanction on, or withhold any benefit from, a State on the basis of such an election.
(d) Procedural Requirements.—In developing and implementing a management system under this section, each State shall cooperate with metropolitan planning organizations for urbanized areas of the State and affected agencies receiving assistance under chapter 53 of title 49 and shall consider the results of the management systems in making project selection decisions under this title and under chapter 53.
(e) Intermodal Requirements.—The management system required under this section for intermodal transportation facilities and systems shall provide for improvement and integration of all of a State's transportation systems and shall include methods of achieving the optimum yield from such systems, methods for increasing productivity in the State, methods for increasing use of advanced technologies, and methods to encourage the use of innovative marketing techniques, such as just-in-time deliveries.
(1) Annual reports.—Not later than January 1 of each calendar year beginning after December 31, 1992, the Secretary shall transmit to Congress a report on the progress being made by the Secretary and the States in carrying out this section.
(2) Report on implementation.—Not later than October 1, 1996, the Comptroller General, in consultation with States, shall transmit to Congress a report on the management systems under this section, including recommendations as to whether, to what extent, and how the management systems should be implemented.
(g) Funding.—Subject to project approval by the Secretary, a State may obligate funds apportioned after September 30, 1991, under subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title for developing and establishing management systems required by this section and funds apportioned under section 144 of this title for developing and establishing the bridge management system required by this section.
(h) Review of Regulations.—Not later than 10 days after the date of issuance of any regulation under this section, the Secretary shall transmit a copy of such regulation to Congress for review.
(Added Pub. L. 102–240, title I, §1034(a), Dec. 18, 1991, 105 Stat. 1977; amended Pub. L. 103–429, §3(8), (9), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, §205(a), Nov. 28, 1995, 109 Stat. 576.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 102–240, which was approved Dec. 18, 1991.
A prior section 303, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 87–392, §1, Oct. 4, 1961, 75 Stat. 822; Pub. L. 88–426, title III, §305(24), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–605, title I, §114(a), Dec. 31, 1970, 84 Stat. 1722; Pub. L. 93–87, title I, §152(4), Aug. 13, 1973, 87 Stat. 276, provided for administrative organization of the Federal Highway Administration, prior to repeal by Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2445. See section 104 of Title 49, Transportation.
1995—Subsec. (c). Pub. L. 104–59, §205(a)(1), added subsec. (c) and struck out former subsec. (c) which read as follows:
“(c) State Requirements.—The Secretary may withhold up to 10 percent of the funds apportioned under this title and under chapter 53 of title 49 for any fiscal year beginning after September 30, 1995, to any State and any recipient of assistance under such Act in the State unless, in the preceding fiscal year, the State was implementing each of the management systems described in subsection (a) and, before January 1 of the preceding fiscal year, the State certified, in writing, to the Secretary, that the State was implementing each of such management systems in the preceding fiscal year.”
Subsec. (f). Pub. L. 104–59, §205(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading and realigned margins, and added par. (2).
1994—Subsec. (c). Pub. L. 103–429, §3(8), substituted “chapter 53 of title 49” for “the Federal Transit Act”.
Subsec. (d). Pub. L. 103–429, §3(9), substituted “chapter 53 of title 49” for “the Federal Transit Act” and “chapter 53” for “such Act”.
Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (f)(1) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 137 of House Document No. 103–7.
Real-time System Management Information Program
Pub. L. 109–59, title I, §1201, Aug. 10, 2005, 119 Stat. 1196, provided that:
“(1) In general.—The Secretary [of Transportation] shall establish a real-time system management information program to provide, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to weather events and surface transportation incidents, and to facilitate national and regional highway traveler information.
“(2) Purposes.—The purposes of the real-time system management information program are to—
“(A) establish, in all States, a system of basic real-time information for managing and operating the surface transportation system;
“(B) identify longer range real-time highway and transit monitoring needs and develop plans and strategies for meeting such needs; and
“(C) provide the capability and means to share that data with State and local governments and the traveling public.
“(b) Data Exchange Formats.—Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall establish data exchange formats to ensure that the data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional boundaries, facilitating nationwide availability of information.
“(c) Regional Intelligent Transportation System Architecture.—
“(1) Addressing information needs.—As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information needs and the systems needed to meet such needs, including addressing coverage, monitoring systems, data fusion and archiving, and methods of exchanging or sharing highway and transit information.
“(2) Data exchange.—States shall incorporate the data exchange formats established by the Secretary [of Transportation] under subsection (b) to ensure that the data provided by highway and transit monitoring systems may readily be exchanged with State and local governments and may be made available to the traveling public.
“(d) Eligibility.—Subject to project approval by the Secretary [of Transportation], a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, for activities relating to the planning and deployment of real-time monitoring elements that advance the goals and purposes described in subsection (a).
“(e) Limitation on Statutory Construction.—Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for activities and projects under this section.
“(f) Statewide Incident Reporting System Defined.—In this section, the term ‘statewide incident reporting system’ means a statewide system for facilitating the real-time electronic reporting of surface transportation incidents to a central location for use in monitoring the event, providing accurate traveler information, and responding to the incident as appropriate.”