WHAT THE LAW DOINCongress, in plain words

The law › Title 23, Highways › Chapter 1

23 U.S.C. 149: Congestion mitigation and air quality improvement program

Created in 1973 by Public Law 93-87. Changed by 11 later laws. No bill we track in this Congress changes it.

1 other section of the Code cite this one, including 42 U.S.C. 802.

1 part of federal rules cite it as their authority, written by Federal Highway Administration, Department of Transportation (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2021

    • Pub. L. 117–58, §11115(1)(A), substituted "subsections (d) and (m)(1)(B)(ii)" for "subsection (d)" in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(B), inserted "shared micromobility (including bikesharing and shared scooter systems)," after "carsharing,". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(C)(i)(I), inserted "replacements or" before "retrofits" in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(C)(i)(II), added cl. (i) and struck out former cl. (i) which read as follows: "for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(C)(ii), inserted "replacements or" before "retrofits". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(C)(i)(III), (iii), added subpar. (C). (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §11115(1)(D), (E), added pars. (10) and (11). (Infrastructure Investment and Jobs Act) Law text · (b), (11)
    • Pub. L. 117–58, §11115(2), added par. (4). (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §11115(3), inserted "and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations" after "motor vehicles". (Infrastructure Investment and Jobs Act) Law text · (f)
    • Pub. L. 117–58, §11115(4)(A), in heading, inserted "replacement or" before "retrofit" and, in text, substituted "The term 'diesel replacement or retrofit' means" for "The term 'diesel retrofit' means" and inserted "or retrofit" after "replacement". (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §11115(4)(B), inserted "replacement or" before "retrofit" in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §11115(4)(C), inserted "replacements or" before "retrofits". (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §11115(5), substituted "that—" and subpars. (A) and (B) for "that reduce such fine particulate matter emissions in such area, including diesel retrofits." (Infrastructure Investment and Jobs Act) Law text · (k)
    • Pub. L. 117–58, §11115(6), added par. (3). (Infrastructure Investment and Jobs Act) Law text · (l)
    • Pub. L. 117–58, §11115(7), added subsec. (m) and struck out former subsec. (m). Prior to amendment, text read as follows: "A State may obligate funds apportioned under section 104(b)(4) in an area of such State that is otherwise eligible for obligations of such funds for operating cost… (Infrastructure Investment and Jobs Act) Law text · (m)

    2018

    • Pub. L. 115–141 inserted "or on a State-Supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 and no current nonattainment areas under subsection (d)," after "2012,". (Consolidated Appropriations Act, 2018) Law text · (m)

    2015

    • Pub. L. 114–94, §1114(1)(A), inserted "in the designated nonattainment area" after "air quality standard". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(1)(B), inserted "or maintenance" after "likely to contribute to the attainment". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(1)(C), substituted "attainment or maintenance in the area of" for "attainment of". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(1)(E)(i)(I), inserted "or port-related freight operations" after "construction projects" in introductory provisions. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(1)(E)(i)(II), inserted "or chapter 53 of title 49" after "this title". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(1)(D), (E)(ii), (F), added par. (9). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §1114(2), inserted "(giving priority to corridors designated under section 151)" after "at any location in the State". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (c)
    • Pub. L. 114–94, §1114(3)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "is eligible under the surface transportation program under section 133." (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1114(3)(B)(i)(I), inserted "would otherwise be eligible under subsection (b) if the project were carried out in a nonattainment or maintenance area or" after "may use for any project that" in introductory provisions. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1109(c)(5), substituted "surface transportation block grant program" for "surface transportation program" in introductory provisions. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1114(3)(B)(i)(II), substituted "subsection (k)(1)" for "paragraph (l)". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1114(3)(B)(ii), substituted "MAP–21" for "MAP–21t". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1114(3)(C), inserted ", in a manner consistent with the approach that was in effect on the day before the date of enactment of MAP–21," after "the Secretary shall modify". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §1114(4), substituted "not later than" for "not later that". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (g)
    • Pub. L. 114–94, §1114(5), added pars. (3) and (4). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (k), (4)
    • Pub. L. 114–94, §1114(6), inserted "air quality and traffic congestion" before "performance targets". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (l)
    • Pub. L. 114–94, §1114(7), substituted "section 104(b)(4)" for "section 104(b)(2)". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (m)

    2014

    • Pub. L. 113–76 substituted "for which CMAQ funding was made available, obligated or expended in fiscal year 2012, and shall have no imposed time limitation" for "that was previously eligible under this section". (Consolidated Appropriations Act, 2014) Law text · (m)

    2012

    • Pub. L. 112–141, §1113(a)(1), (5), in introductory provisions, substituted "in subsection (d)" for "in subsection (c)" and "section 104(b)(4)" for "section 104(b)(2)" and struck out concluding provisions which read as follows: "No funds may be provided under this section for a project … (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1113(a)(2), inserted "add turning lanes," after "improve intersections," and substituted "paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler i… (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1113(a)(3), (7), added par. (7). Former par. (7) redesignated (8). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1113(a)(4), substituted "verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131))" for "published in the list under subsection (f)(2)" in introductory provisions. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1113(a)(6), redesignated par. (7) as (8). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (b)
    • Pub. L. 112–141, §1113(b)(2), added subsec. (c). Former subsec. (c) redesignated (d). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (c)
    • Pub. L. 112–141, §1113(b)(3), added subsec. (d) and struck out former subsec. (d) which related to states receiving minimum apportionment. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (d)
    • Pub. L. 112–141, §1113(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (d)
    • Pub. L. 112–141, §1113(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (e)
    • Pub. L. 112–141, §1113(b)(1), (4), redesignated subsec. (e) as (f) and substituted "104(b)(4)" for "104(b)(2)" in par. (3). Former subsec. (f) redesignated (g). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (f)
    • Pub. L. 112–141, §1113(b)(1), (5), redesignated subsec. (f) as (g), added par. (3), and struck out former par. (3) which related to priority. Former subsec. (g) redesignated (h). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (g)
    • Pub. L. 112–141, §1113(b)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (h)
    • Pub. L. 112–141, §1113(b)(6), added subsec. (i) and struck out former subsec. (i) which related to evaluation and assessment of projects. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (i)
    • Pub. L. 112–141, §1113(b)(1), redesignated subsec. (h) as (i). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (i)
    • Pub. L. 112–141, §1113(b)(6), added subsecs. (j) to (m). (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text · (j), (k), (l), (m)

    2005

    • Pub. L. 109–59, §1808(a), inserted "or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)" after "1997," in introductory provisions. (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b)
    • Pub. L. 109–59, §1808(b)(1), added par. (1) and struck out former par. (1) which read as follows: (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b)
    • Pub. L. 109–59, §1808(b)(2)(A), inserted ", including advanced truck stop electrification systems," after "control facility or program". (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b)
    • Pub. L. 109–59, §1808(b)(3)(A), inserted "improve transportation systems management and operations that mitigate congestion and improve air quality," after "intersections,". (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b)
    • Pub. L. 109–59, §1808(b)(2)(B), (3)(B), (4), which directed addition of pars. (6) and (7) at end of subsec. (b), was executed by adding pars. (6) and (7) after par. (5) to reflect the probable intent of Congress. (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (b), (7)
    • Pub. L. 109–59, §1808(c)(1), substituted "for any project in the State that—" and subpars. (A) and (B) for "for any project eligible under the surface transportation program under section 133." (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (c)
    • Pub. L. 109–59, §1808(c)(2), substituted "for any project in the State that—" and subpars. (A) and (B) for "for any project in the State eligible under section 133." (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (c)
    • Pub. L. 109–59, §1808(d)–(f), added subsecs. (f) to (h). (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (f), (g), (h)

    1998

    • Pub. L. 105–178, §1110(a), substituted "shall establish and implement" for "shall establish". (Transportation Equity Act for the 21st Century) Law text · (a)
    • Pub. L. 105–178, §1110(b)(1), in introductory provisions, substituted "that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 18… (Transportation Equity Act for the 21st Century) Law text · (b)
    • Pub. L. 105–178, §1110(b)(2), substituted "clause (xvi) of such section" for "clauses (xii) and (xvi) of such section". (Transportation Equity Act for the 21st Century) Law text · (b)
    • Pub. L. 105–178, §1110(b)(3), substituted "a maintenance area" for "an area that was designated as a nonattainment area but that was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area under section 107(d) of the Clean Air Act … (Transportation Equity Act for the 21st Century) Law text · (b)
    • Pub. L. 105–178, §1110(b)(4)–(6), added par. (5). (Transportation Equity Act for the 21st Century) Law text · (b)
    • Pub. L. 105–178, §1110(c), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "If a State does not have a nonattainment area for ozone or carbon monoxide under the Clean Air Act located within its borders, the State may use funds apportioned … (Transportation Equity Act for the 21st Century) Law text · (c)
    • Pub. L. 105–178, §1110(d)(1), added subsec. (e). (Transportation Equity Act for the 21st Century) Law text · (e)

    1995

    • Pub. L. 104–59, §319(a)(1)(A), in introductory provisions, inserted "if the project or program is for an area in the State that was designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year 1994 and" after "project o… Law text · (b)
    • Pub. L. 104–59, §319(a)(1)(B), substituted "contribute to—" and cls. (i) and (ii) for "contribute to the attainment of a national ambient air quality standard; or". Law text · (b)
    • Pub. L. 104–59, §319(b)(1), struck out "or" at end. Law text · (b)
    • Pub. L. 104–88, §405(b)(1), inserted "or" after semicolon at end. (ICC Termination Act of 1995) Law text · (b)
    • Pub. L. 104–59, §319(b)(2), substituted a semicolon for period at end. Law text · (b)
    • Pub. L. 104–88, §405(b)(2), substituted a period for "; or" at end. (ICC Termination Act of 1995) Law text · (b)
    • Pub. L. 104–59, §319(b)(3), as amended by Pub. L. 104–88, §405(a)(2), added par. (4). Law text · (b)

    1992

    • Pub. L. 102–388 inserted at end "In areas of a State which are nonattainment for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, the State may obligate such funds for any project or program under paragraph (1) or (2) without regard to any limi… · (b)

    1991

    • Pub. L. 102–240 substituted section catchline for one which read: "Truck lanes" and amended text generally. Prior to amendment, text read as follows: "The Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes."

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.