HIGH PRIORITY ACTIVITIES AND NEW ENTRANTS AUDITS.

SEC. 4107. HIGH PRIORITY ACTIVITIES AND NEW ENTRANTS AUDITS.(a) High Priority Activities.—Section 31104 of title 49, United States Code (as amended by section 4101 of this Act), is amended by adding at the end the following:“(k) High-Priority Activities.—“(1) Criteria.—The Secretary shall establish safety performance criteria to be used to distribute high priority program funds under this subsection. “(2) Set aside.—The Secretary may set aside from amounts made available by subsection (a) up to $15,000,000 for each of fiscal years 2006 through 2009 for States, local governments, and organizations representing government agencies or officials described in paragraph (3) for carrying out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations (including activities and projects that are national in scope), increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving commercial motor vehicles.“(3) Description of recipients.—Amounts set aside under this subsection shall be allocated by the Secretary only to State agencies, local governments, and organizations representing government agencies or officials that use and train 119 STAT. 1720 qualified officers and employees in coordination with State motor vehicle safety agencies.“(4) Limitation.—At least 90 percent of the amounts set aside for a fiscal year under this subsection shall be awarded in grants to State agencies and local government agencies.”.(b) New Entrant Audits.—Section 31104 of such title is amended—(1) by redesignating the second subsection as subsection (f); and(2) by adding at the end of such subsection the following:“(5) New entrant audits.—“(A) Grants.—The Secretary may make grants to States and local governments for new entrant motor carrier audits under this subsection without requiring a matching contribution from such States and local governments.“(B) Set aside.—The Secretary shall set aside from amounts made available by section 31104(a) up to $29,000,000 per fiscal year for audits of new entrant motor carriers conducted pursuant to this paragraph.“(C) Determination.—If the Secretary determines that a State or local government is not able to use government employees to conduct new entrant motor carrier audits, the Secretary may use the funds set aside under this paragraph to conduct audits for such States or local governments.”.