Title 23 — Highways
Chapter 4 — Highway Safety
§ 408. Agency accountability
Statutory text
Triennial State Management Reviews.—
In general.—
Except as provided under paragraph (2), the Secretary shall conduct a review of each State highway safety program at least once every 3 years.
Exceptions.—
The Secretary may conduct reviews of the highway safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary determines to be appropriate.
Components.—
Reviews under this subsection shall include—
a management evaluation of all grant programs funded under this chapter;
an assessment of State data collection and evaluation relating to performance measures established by the Secretary;
a comparison of State efforts under subparagraphs (A) and (B) to best practices and programs that have been evaluated for effectiveness; and
the development of recommendations on how each State could—
improve the management and oversight of its grant activities; and
provide a management and oversight plan for such grant programs.
Recommendations Before Submission.—
In order to provide guidance to State highway safety agencies on matters that should be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at least 90 days before the date on which the program is to be submitted for approval.
State Program Review.—
The Secretary shall—
conduct a program improvement review of a highway safety program under this chapter of a State that does not make substantial progress over a 3-year period in meeting its priority program goals; and
provide technical assistance and safety program requirements to be incorporated in the State highway safety program for any goal not achieved.
Regional Harmonization.—
The Secretary and the Inspector General of the Department of Transportation shall undertake an administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the National Highway Traffic Safety Administration and prepare a written report of best practices and procedures for use by the regional offices in conducting such reviews. The report shall be completed within 180 days after the date of enactment of this section.
Best Practices Guidelines.—
Uniform guidelines.—
The Secretary shall issue uniform management review guidelines and program review guidelines based on the report under subsection (d). Each regional office shall use the guidelines in executing its State administrative review duties under this section.
Publication.—
The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion:
The Secretary’s management review guidelines and program review guidelines.
All State highway safety programs submitted under this chapter.
State annual accomplishment reports.
The Administration’s Summary Report of findings from Management Reviews and Improvement Plans.
Reports to state highway safety agencies.—
The Secretary may not make publicly available a program, report, or review under paragraph (2) that is directed to a State highway safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter.
Tracking Process.—
The Secretary shall develop a process to identify and mitigate possible systemic issues across States and regional offices by reviewing oversight findings and recommended actions identified in triennial State management reviews.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 title II § 2008(a) · 119 Stat. 1144
Enacted · 23 U.S.C. § 408
Added Pub. L. 109–59, title II, § 2008(a), Aug. 10, 2005, 119 Stat. 1533, § 412
Source evidence
Code source credit
Added Pub. L. 109–59, title II, § 2008(a), Aug. 10, 2005, 119 Stat. 1533, § 412Enacted provision · exact public law section
(a) In General.— Chapter 4 of title 23, United States Code, is amended by adding at the end the following: “§ 412. Agency accountability “(a) Triennial State Management Reviews.— At least once every 3 years the Secretary shall conduct a review of each State highway safety program. The review shall include a management evaluation of all grant programs funded under this chapter. The Secretary shall provide review-based recommendations on how each State could improve the management and oversight of its grant activities and may provide a management and oversight plan for such grant programs. “(b) Recommendations Before Submission.— In order to provide guidance to State highway safety agencies on matters that should be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at least 90 days before the date on which the program is to be submitted for approval. “(c) State Program Review.— The Secretary shall— “(1) conduct a program improvement review of a highway safety program under this chapter of a State that does not make substantial progress over a 3-year period in meeting its priority program goals; and “(2) provide technical assistance and safety program requirements to be incorporated in the State highway safety program for any goal not achieved. “(d) Regional Harmonization.— The Secretary and the Inspector General of the Department of Transportation shall undertake an administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the National Highway Traffic Safety Administration and prepare a written report of best practices and procedures for use by the regional offices in conducting such reviews. Deadline. The report shall be completed within 180 days after the date of enactment of this section. “(e) Best Practices Guidelines.— “(1) Uniform guidelines.— The Secretary shall issue uniform management review guidelines and program review guidelines based on the report under subsection (d). Each regional office shall use the guidelines in executing its State administrative review duties under this section. “(2) Publication.— The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion: “(A) The Secretary’s management review guidelines and program review guidelines. “(B) All State highway safety programs submitted under this chapter. “(C) State annual accomplishment reports. “(D) The Administration’s Summary Report of findings from Management Reviews and Improvement Plans. “(3) Reports to state highway safety agencies.— The Secretary may not make publicly available a program, report, or review under paragraph (2) that is directed to a State highway safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter. “(f) GAO Review.— “(1) Analysis.— The Comptroller General shall analyze the effectiveness of the Administration’s oversight of traffic safety grants under this chapter by determining the usefulness of the Administration’s advice to the States regarding administration and State activities under this chapter, the extent to which the States incorporate the Administration’s recommendations into their highway safety programs, and the improvements that result in a State’s highway safety program that may be attributable to the Administration’s recommendations. “(2) Report.— Not later than September 30, 2008, the Comptroller General shall submit a report on the results of the analysis to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” .Surface Transportation Investment Act of 2021
Pub. L. 117–58 div. B title IV § 24101(d)(1)(A) · 135 Stat. 429
Changed · 23 U.S.C. § 408
Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 412 “and” section 408, was executed by renumbering section 412 as this section as if “and” had read “as”, to reflect the probable intent of Congress
Source evidence
Code amendment note
Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 412 “and” section 408, was executed by renumbering section 412 as this section as if “and” had read “as”, to reflect the probable intent of Congress.Enacted provision · exact public law section
(A) by redesignating sections 409 and 412 and sections 407 and 408, respectively; and
2 of 2 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 408, added Pub. L. 97–364, title I, § 101(a), , 96 Stat. 1738; amended Pub. L. 98–363, §§ 4, 7, , 98 Stat. 436, 438; Pub. L. 100–17, title II, § 203(a), (b), , 101 Stat. 219; Pub. L. 109–59, title II, § 2006(a), , 119 Stat. 1527, related to State traffic safety information system improvements, prior to repeal by Pub. L. 112–141, § 3(a), div. C, title I, § 31109(d), , 126 Stat. 413, 756, effective .
Amendments
2021—Pub. L. 117–58, which directed the amendment of this chapter by renumbering section 412 “and” section 408, was executed by renumbering section 412 as this section as if “and” had read “as”, to reflect the probable intent of Congress.
Credits
2005–2021 · 4 acts
- 2005Added Pub. L. 109–59, title II, § 2008(a), , 119 Stat. 1533, § 412
- 2012amended Pub. L. 112–141, div. C, title I, § 31107, , 126 Stat. 755
- 2015Pub. L. 114–94, div. A, title IV, § 4006, , 129 Stat. 1510
- 2021renumbered § 408, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), , 135 Stat. 784.
Show as published
(Added Pub. L. 109–59, title II, § 2008(a), , 119 Stat. 1533, § 412; amended Pub. L. 112–141, div. C, title I, § 31107, , 126 Stat. 755; Pub. L. 114–94, div. A, title IV, § 4006, , 129 Stat. 1510; renumbered § 408, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), , 135 Stat. 784.)