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§ 303. —  Management systems.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 23USC303]

 
                           TITLE 23--HIGHWAYS
 
                      CHAPTER 3--GENERAL PROVISIONS
 
Sec. 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.
    (f) Reports.--
        (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, Sec. 1034(a), Dec. 18, 1991, 105 Stat. 
1977; amended Pub. L. 103-429, Sec. 3(8), (9), Oct. 31, 1994, 108 Stat. 
4378; Pub. L. 104-59, title II, Sec. 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.


                            Prior Provisions

    A prior section 303, Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 912; 
Pub. L. 87-392, Sec. 1, Oct. 4, 1961, 75 Stat. 822; Pub. L. 88-426, 
title III, Sec. 305(24), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91-605, 
title I, Sec. 114(a), Dec. 31, 1970, 84 Stat. 1722; Pub. L. 93-87, title 
I, Sec. 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, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2445. See section 104 
of Title 49, Transportation.


                               Amendments

    1995--Subsec. (c). Pub. L. 104-59, Sec. 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, Sec. 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, Sec. 3(8), substituted ``chapter 
53 of title 49'' for ``the Federal Transit Act''.
    Subsec. (d). Pub. L. 103-429, Sec. 3(9), substituted ``chapter 53 of 
title 49'' for ``the Federal Transit Act'' and ``chapter 53'' for ``such 
Act''.


                             Effective Date

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 103, 109, 133, 505 of this 
title.



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