--- kind: "section" citation: "23 U.S.C. § 408" title: "23" title_heading: "Highways" number: "408" heading: "Agency accountability" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/23/408" units: - "Chapter 4 — Highway Safety" --- # §408. Agency accountability - (a) **Triennial State Management Reviews.—** - (1) **In general.—** Except as provided under [paragraph (2)](#a-2), the [Secretary](/usc/23/101.md?p=a-27) shall conduct a review of each [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety program at least once every 3 years. - (2) **Exceptions.—** The [Secretary](/usc/23/101.md?p=a-27) may conduct reviews of the [highway](/usc/23/101.md?p=a-11) safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-28) data collection and evaluation relating to performance measures established by the [Secretary](/usc/23/101.md?p=a-27); - (C) a comparison of [State](/usc/23/101.md?p=a-28) efforts under subparagraphs [(A)](#a-3-A) and [(B)](#a-3-B) to best practices and programs that have been evaluated for effectiveness; and - (D) the development of recommendations on how each [State](/usc/23/101.md?p=a-28) 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](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety agencies on matters that should be addressed in the goals and initiatives of the [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety program before the program is submitted for review, the [Secretary](/usc/23/101.md?p=a-27) shall provide data-based recommendations to each [State](/usc/23/101.md?p=a-28) at least 90 days before the date on which the program is to be submitted for approval. - (c) **State Program Review.—** The [Secretary](/usc/23/101.md?p=a-27) shall— - (1) conduct a program improvement review of a [highway](/usc/23/101.md?p=a-11) safety program under this chapter of a [State](/usc/23/101.md?p=a-28) 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](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety program for any goal not achieved. - (d) **Regional Harmonization.—** The [Secretary](/usc/23/101.md?p=a-27) 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](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety programs under this chapter conducted by the regional offices of the National [Highway](/usc/23/101.md?p=a-11) 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](/usc/23/101.md?p=a-27) shall issue uniform management review guidelines and program review guidelines based on the report under [subsection (d)](#d). Each regional office shall use the guidelines in executing its [State](/usc/23/101.md?p=a-28) administrative review duties under this section. - (2) **Publication.—** The [Secretary](/usc/23/101.md?p=a-27) shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion: - (A) The [Secretary](/usc/23/101.md?p=a-27)’s management review guidelines and program review guidelines. - (B) All [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) safety programs submitted under this chapter. - (C) [State](/usc/23/101.md?p=a-28) 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](/usc/23/101.md?p=a-27) may not make publicly available a program, report, or review under [paragraph (2)](#e-2) that is directed to a [State](/usc/23/101.md?p=a-28) [highway](/usc/23/101.md?p=a-11) 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](/usc/23/101.md?p=a-27) shall develop a process to identify and mitigate possible systemic issues across [States](/usc/23/101.md?p=a-28) and regional offices by reviewing oversight findings and recommended actions identified in triennial [State](/usc/23/101.md?p=a-28) 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.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 408, added Pub. L. 97–364, title I, § 101(a), Oct. 25, 1982, 96 Stat. 1738; amended Pub. L. 98–363, §§ 4, 7, July 17, 1984, 98 Stat. 436, 438; Pub. L. 100–17, title II, § 203(a), (b), Apr. 2, 1987, 101 Stat. 219; Pub. L. 109–59, title II, § 2006(a), Aug. 10, 2005, 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), July 6, 2012, 126 Stat. 413, 756, effective Oct. 1, 2012. ### 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.