23 U.S.C. § 408 — Agency accountability
submitted 21 years ago by Pub. L. 109-59 to r/title-23-HIGHWAYS · 576 words · no verdicts yet
The Secretary of Transportation must review each state's highway safety program at least every three years, checking how well it's managed and whether it meets its goals. States that fall behind get a special improvement review and technical help. The Secretary must also make review guidelines and results public, and look for safety problems that show up across multiple states.
This section requires regular federal reviews of state* highway* safety programs.
(a) Triennial State Management Reviews. The Secretary* must review each state's highway safety program at least once every three years, except that reviews of the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands can happen as often as the Secretary decides is right. These reviews must include: (A) an evaluation of how well all the grant programs under this chapter are managed; (B) a check of how the state collects and evaluates data tied to the Secretary's performance measures; (C) a comparison of the state's efforts to proven best practices; and (D) recommendations for how the state can better manage and oversee its grant activities, including a written oversight plan.
(b) Recommendations Before Submission. At least 90 days before a state must submit its highway safety program for approval, the Secretary must give the state data-based recommendations to guide its goals and plans.
(c) State Program Review. If a state hasn't made real progress toward its priority safety goals over three years, the Secretary must conduct a special program improvement review, and provide technical assistance plus program requirements to help the state reach any goal it missed.
(d) Regional Harmonization. The Secretary and the Department of Transportation's Inspector General must review how the National Highway Traffic Safety Administration's regional offices conduct these management and program reviews, and write a report of best practices for the regions to use. This report must be finished within 180 days of this section's enactment.
(e) Best Practices Guidelines. Based on that report, the Secretary must issue uniform guidelines for management and program reviews, which every regional office must follow. The Secretary must also publicly post, once finished: (A) the review guidelines themselves; (B) every state highway safety program submitted under this chapter; (C) states' annual accomplishment reports; and (D) the agency's summary report on findings from management reviews and improvement plans. However, the Secretary cannot post a program, report, or review meant for a specific state highway safety agency until after that state agency has already received it.
(f) Tracking Process. The Secretary must build a process to spot and fix safety problems that show up across multiple states or regions, by reviewing the findings and recommendations from the triennial state management reviews.
Except as provided under paragraph (2), the Secretary* shall conduct a review of each State highway* safety program at least once every 3 years.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Source credit: (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.)
- 2005Enacted · Pub. L. 109-59 · 119 Stat. 1533
- 2012Amended · Pub. L. 112-141 · 126 Stat. 755
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1510
- 2021Amended · Pub. L. 117-58 · 135 Stat. 784
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-59 on 2005-08-10.
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