23 U.S.C. § 408

Agency accountability

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 23 CasesGoogle Scholar

(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.)Editorial NotesPrior 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.

Notes of Decisions

Cited in 13 cases, 1985–2012 · leading case: State v. Hansen, 542 N.W.2d 424 (Neb. 1996).

Sort: Relevance Newest Treatment

State v. Hansen, 542 N.W.2d 424 (Neb. 1996). · cites it 6× “Chapter 23 U.S.C. § 408 (e)(1)(A) (1994) provides grants to states for alcohol traffic safety programs if the state provides for the "prompt suspension.”

State v. Nesmith, 276 P.3d 617 (Haw. 2012). · cites it 2× “" Alcohol Traffic Safety-National Driver Register Act of 1982, Pub.L. No. 97-364, § 101 , 96 Stat. 1738 , 1738 (1982).”

State Ex Rel. Schwartz v. Kennedy, 904 P.2d 1044 (N.M. 1995). · cites it 2× “” 23 U.S.C. § 408 (a) (1988). To qualify for a basic incentive grant, a State must adopt a program providing for the prompt suspension of the driver’s license of any individual whom a law enforcement officer has probable cause to stop for an alcohol-related traffic offense, and…”

People v. Mertz, 497 N.E.2d 657 (NY 1986). “23 USC § 408 (e) (1) (C) makes enactment of a .”

State v. Burns, 670 A.2d 851 (Conn. 1996). “Although 23 U.S.C. § 408 (e) encourages states to adopt statutes similar to the one adopted by Connecticut and codified as § 14-227a (h) (3), our research revealed no cases from other jurisdictions addressing the issue raised in this appeal.”

Meanor v. State, 774 A.2d 394 (Md. 2001). “23 U.S.C. § 408 authorized Federal grants to the States for alcohol safety programs provided the State met certain conditions set forth in the statute, one of which was that any person with a BAC of 0.”

State v. Martin, 496 A.2d 442 (Vt. 1985). “23 U.S.C.A. § 408 (Supp. 1985). In 1982, President Reagan appointed a commission to investigate the national drunk driving problem.”

United States v. Sauls, 981 F. Supp. 909 (D. Maryland 1997). “See, 23 U.S.C. §§ 408 and 410. As a result of the severity of the problem it is inconceivable that Congress in passing the federal implied consent statute intended to give an individual a legal right of refusal.”

State v. Lussier, 511 A.2d 958 (R.I. 1986). “227, § I- The 1983 changes were statutory responses to the National Highway Safety Act of 1982, which authorized federal “grants to those States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the…”

Corrigan v. United States, 609 F. Supp. 720 (E.D. Va. 1985). “Therefore, tavern owners should be keenly aware that the sale of hard liquor to an underage patron, in an era where traveling by car to and from drinking establishments is so common and where accidents resulting from drinking are so frequent, presents an unreasonable risk of…”

State v. Leverett, 799 P.2d 119 (Mont. 1990). “See 23 U.S.C. § 408 (e)(1)(C); 23 C.F.R. § 1204.”

Black v. State, 621 N.E.2d 368 (Ind. Ct. App. 1993). “Laws similar to Indiana's have been enacted in most states to meet the dictates of a federal provision, 23 U.S.C. § 408 (e)(1)(C), which allows monetary grants to states with such statutes.”

Show all 13 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.