§ 408. Agency accountability
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/usc/title-23/section-408A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Triennial State Management Reviews.—
(1)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.
(2)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.
(3)Components.— Reviews under this subsection shall include—
(A)a management evaluation of all grant programs funded under this chapter;
(B)an assessment of State data collection and evaluation relating to performance measures established by the Secretary;
(C)a comparison of State efforts under subparagraphs
(A)and
(B)to best practices and programs that have been evaluated for effectiveness; and
(D)the development of recommendations on how each State could—
(i)improve the management and oversight of its grant activities; and
(ii)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. 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)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.
(Added Pub. L. 109–59, title II, § 2008(a), Aug. 10, 2005, 119 Stat. 1533, § 412; amended Pub. L. 112–141, div. C, title I, § 31107, July 6, 2012, 126 Stat. 755; Pub. L. 114–94, div. A, title IV, § 4006, Dec. 4, 2015, 129 Stat. 1510; renumbered § 408, Pub. L. 117–58, div. B, title IV, § 24101(d)(1)(A), Nov. 15, 2021, 135 Stat. 784.)
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- Public Law 97–424To authorize appropriations for construction of certain highways in accordance with title 23, United States Code, for highway safety, for mass transportation in urban and rural areas, and for other purposes
- Public Law 98–472
- Public Law 99–188
- Public Law 100–457Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1989, and for other purposes
- Public Law 102–388Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 101–302Making dire emergency supplemental appropriations for disaster assistance, food stamps, unemployment compensation administration, and other urgent needs, and transfers, and reducing funds budgeted for military spending for the fiscal year ending September 30, 1990, and for other purposes
- Public Law 101–164Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1990, and for other purposes
- Public Law 98–78Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 97–364To amend title 23, United States Code, to encourage the establishment by States of effective alcohol traffic safety programs and to require the Secretary of Transportation to administer a national driver register to assist State driver licensing officials in electronically exchanging information reg
- Public Law 109–115Making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 111–117Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 102–27Making dire emergency supplemental appropriations for the consequences of Operation Desert Shield/Desert Storm, food stamps, unemployment compensation administration, veterans compensation and pensions, and other urgent needs for the fiscal year ending September 30, 1991, and for other purposes
- Public Law 101–516Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1991, and for other purposes
- Public Law 100–201To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
- Public Law 102–143Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1992, and for other purposes
- Public Law 111–8Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes
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- Pub. L. 109–59, title II, § 2008(a)
- 119 Stat. 1533
- Pub. L. 112–141, div. C, title I, § 31107
- 126 Stat. 755
- 129 Stat. 1510
- 135 Stat. 784
- Pub. L. 97–364, title I, § 101(a)
- 96 Stat. 1738
- Pub. L. 98–363
- 98 Stat. 436
- Pub. L. 100–17, title II, § 203(a)
- 101 Stat. 219
- Pub. L. 109–59, title II, § 2006(a)
- 119 Stat. 1527
- Pub. L. 112–141, § 3(a)
- 126 Stat. 413
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§ 408
Agency accountability
Stat.×20
Fed. Reg.×18
Bills×4
Stat. Comp.×1
Pub. L.Pub. L. 109–59, title II, § 2008(a)
Stat.119 Stat. 1533
Pub. L.Pub. L. 112–141, div. C, title I, § 31107
Stat.126 Stat. 755
Stat.129 Stat. 1510
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