PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1977 SEC. 1034. MANAGEMENT SYSTEMS. (a) IN GENERAL. —Chapter 3 of title 23, United States Code, is amended by inserting after section 302 the following new section:
- § 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 REQUIREMENTS.—The Secretary may withhold up to 10 percent of the funds apportioned under thiis title and under the Federal Transit Act 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. "(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 the Federal Transit Act and shall consider the results of the management systems in making project selection decisions under this title and under such Act. "(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) ANNUAL REPORT.— 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. "(g) FUNDING. —Subject to project approval by the Secretary, a State may obligate funds apportioned after September 30, 1991, under subsections (b)(D, (b)(2), and (b)(3) of section 104 of this title for