23 U.S.C. § 150 — National goals and performance manage-

Page 257 TITLE 23—HIGHWAYS § 150 share of the cost of any project under this subsection and the availability of funds authorized to carry out this subsection shall be determined in accordance with this subsection.’’ § 150. National goals and performance manage- ment 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 transpor- tation funds by refocusing on national transpor- tation goals, increasing the accountability and transparency of the Federal-aid highway pro- gram, and improving project decisionmaking through performance-based planning and pro- gramming. (b) NATIONAL GOALS.—It is in the interest of the United States to focus the Federal-aid high- way program on the following national goals: (1) SAFETY.—To achieve a significant reduc- tion 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 sig- nificant reduction in congestion on the Na- tional Highway System. (4) SYSTEM RELIABILITY.—To improve the ef- ficiency of the surface transportation system. (5) FREIGHT MOVEMENT AND ECONOMIC VITAL- ITY.—To improve the National Highway Freight Network, strengthen the ability of rural communities to access national and international trade markets, and support re- gional economic development. (6) ENVIRONMENTAL SUSTAINABILITY.—To en- hance 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 peo- ple and goods by accelerating project comple- tion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies’ work practices. (c) ESTABLISHMENT OF PERFORMANCE MEAS- URES.— (1) IN GENERAL.—Not later than 18 months after the date of enactment of the MAP–21, the Secretary, in consultation with State depart- ments of transportation, metropolitan plan- ning organizations, and other stakeholders, shall promulgate a rulemaking that estab- lishes performance measures and standards. (2) ADMINISTRATION.—In carrying out para- graph (1), the Secretary shall— (A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to comment on any regula- tion 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 PRO- GRAM.— (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 Na- tional Highway System; (IV) the performance of the Interstate System; and (V) the performance of the National Highway System (excluding the Inter- state 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 ap- proach. (B) REGIONS.—In establishing minimum condition levels under subparagraph (A)(iii), if the Secretary determines that various ge- ographic regions of the United States experi- ence disparate factors contributing to the condition of pavement on the Interstate Sys- tem in those regions, the Secretary may es- tablish different minimum levels for each re- gion. (4) HIGHWAY SAFETY IMPROVEMENT PRO- GRAM.—For the purpose of carrying out sec- tion 148, the Secretary shall establish meas- ures for States to use to assess— (A) serious injuries and fatalities per vehi- cle mile traveled; and (B) the number of serious injuries and fa- talities. (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 Sec- retary shall establish measures for States to use to assess freight movement on the Inter- state System. (d) ESTABLISHMENT OF PERFORMANCE TAR- GETS.— (1) IN GENERAL.—Not later than 1 year after the Secretary has promulgated the final rule- making under subsection (c), each State shall set performance targets that reflect the meas- ures identified in paragraphs (3), (4), (5), and (6) of subsection (c). (2) DIFFERENT APPROACHES FOR URBAN AND RURAL AREAS.—In the development and imple- mentation of any performance target, a State may, as appropriate, provide for different per- formance targets for urbanized and rural areas. Page 258 TITLE 23—HIGHWAYS § 151 (e) REPORTING ON PERFORMANCE TARGETS.— Not later than 4 years after the date of enact- ment 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 Na- tional Highway System in the State; (2) the effectiveness of the investment strat- egy document in the State asset management plan for the National Highway System; (3) progress in achieving performance tar- gets 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 stra- tegic 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.) 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), sub- stituted ‘‘National Highway Freight Network’’ for ‘‘na- tional freight network’’. Subsec. (c)(3)(B). Pub. L. 114–94, § 1446(a)(5), sub- stituted 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 AMENDMENT 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 sec- tion 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 organi- zations, States, and the Federal Highway Administra- tion 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 author- ized 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 as- sess local and cross-jurisdictional travel, including to accommodate external and through travel; ‘‘(3) enhancing existing data collection and analysis tools to accommodate performance measures, tar- gets, and related data, so as to better understand trip origin and destination, trip time, and mode; ‘‘(4) enhancing existing data analysis tools to im- prove 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 invest- ments on performance. ‘‘(c) FUNDING.—From amounts authorized to carry out the Highway Research and Development Program, the Administrator of the Federal Highway Administra- tion may use up to $10,000,000 for each of fiscal years 2022 through 2026 to carry out this section.’’ § 151. National electric vehicle charging and hy- drogen, propane, and natural gas fueling cor- ridors (a) IN GENERAL.—The Secretary shall periodi- cally designate national electric vehicle charg- ing and hydrogen, propane, and natural gas fuel- ing corridors that identify the near- and long- term need for, and location of, electric vehicle charging infrastructure, hydrogen fueling infra- structure, propane fueling infrastructure, and natural gas fueling infrastructure at strategic locations along major national highways to sup- port changes in the transportation sector that help achieve a reduction in greenhouse gas emis- sions and improve the mobility of passenger and commercial vehicles that employ electric, hy- drogen fuel cell, propane, and natural gas fuel- ing technologies across the United States. (b) DESIGNATION OF CORRIDORS.—In designating the corridors under subsection (a), the Secretary shall— (1) solicit nominations from State and local officials for facilities to be included in the cor- ridors; (2) incorporate existing electric vehicle charging, hydrogen fueling, propane fueling, and natural gas fueling corridors previously designated by the Federal Highway Adminis- tration or designated by a State or group of States; and (3) consider the demand for, and location of, existing electric vehicle charging stations, hy- drogen fueling stations, propane fueling sta- tions, and natural gas fueling infrastructure. (c) STAKEHOLDERS.—In designating corridors under subsection (a), the Secretary shall in- volve, on a voluntary basis, stakeholders that include— (1) the heads of other Federal agencies; (2) State and local officials; (3) representatives of—