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Fact Sheet
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* Under ISTEA, NHTSA and FHWA received separate 402 authorizations. The 1997 total reflects both programs.

Program Purpose

To support State highway safety programs designed to reduce traffic crashes and resulting deaths, injuries, and property damage. Under TEA-21, a consolidated 402 program is created, merging the ISTEA’s separate FHWA 402 and NHTSA 402 authorizations into one authorization. A State may use these grant funds only for highway safety purposes (roadway and behavioral); at least 40 percent of these funds are to be used to address local traffic safety problems. [2001]

Distribution of Funds

The Section 402 formula is:

The apportionment to each State is no less than one-half of one percent of the total 402 apportionment.

Beginning in FY 1998, the apportionment to the Bureau of Indian Affairs is increased from one-half of one percent to no less than three-quarters of one percent. [2001(c)]

The apportionment to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands is no less than one-quarter of one percent.

For purposes of this section, those jurisdictions defined as "States" in chapter 4 of Title 23 are eligible to receive Section 402 funds; this includes the 50 States, the District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and the Bureau of Indian Affairs.

Eligible Recipients

A State is eligible for these formula grants by submitting a Performance Plan, which establishes goals and performance measures to improve highway safety in the State, and a Highway Safety Plan, which describes activities to achieve those goals.

Key Provisions

TEA-21 revises the periodic rulemaking process used to determine national priority program areas, from one requiring States to direct resources to fixed program areas identified by the rulemaking, to one directing that the States consider such highly effective programs when developing their State highway safety program plans.

TEA-21 also allows any State in FY 1999 and 2000, to use their 402 funds to purchase television and radio time for highway safety messages. [2001(f)]

September 14, 1998

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