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‘(e) BOND
PROCEEDS
ELIGIBLE
FOR
LOCAL 
SHARE.—
‘(1) USE AS LOCAL MATCHING FUNDS.—Not-
withstanding any other provision of law, a recipient 
of assistance under section 5307 or 5309 may use 
the proceeds from the issuance of revenue bonds as 
part of the local matching funds for a capital 
project. 
‘(2) MAINTENANCE
OF
EFFORT.—The Sec-
retary shall approve of the use of the proceeds from 
the issuance of revenue bonds for the remainder of 
the net project cost only if the Secretary finds that 
the aggregate amount of financial support for public 
transportation in the urbanized area provided by the 
State and affected local governmental authorities 
during the next 3 fiscal years, as programmed in the 
State transportation improvement program under 
chapter 52 is not less than the aggregate amount 
provided by the State and affected local govern-
mental authorities in the urbanized area during the 
preceding 3 fiscal years. 
‘(3) DEBT SERVICE RESERVE.—The Secretary 
may reimburse an eligible recipient for deposits of 
bond proceeds in a debt service reserve that recipient 
established pursuant to section 5302(a)(1)(K) from
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amounts made available to the recipient under sec-
tion 5307 or 5309, or both; except that such reim-
bursement in a fiscal year may not exceed 10 per-
cent of the amounts made available to the recipient 
under section 5307 in such fiscal year.’. 
(e) SCHOOLBUS TRANSPORTATION.—Section 5323(f) 
is amended—
(1) by striking ‘(1) Financial assistance’ and 
inserting the following: 
‘(1) AGREEMENTS.—Financial assistance’; 
(2) in paragraph (1) by moving subparagraphs 
(A), (B), and (C) 2 ems to the right; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘(2) VIOLATIONS.—If the Secretary finds that 
an applicant, governmental authority, or publicly 
owned operator has violated the agreement required 
under paragraph (1), the Secretary shall bar a re-
cipient or an operator from receiving Federal transit 
assistance in an amount the Secretary considers ap-
propriate.’. 
(f) BUYING BUSES UNDER OTHER LAWS.—Section 
5323(g) is amended by striking ‘103(e)(4)’ each place it 
appears and inserting ‘133’. 
(g) BUY AMERICA.—
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(1) 
PUBLIC
INTEREST
WAIVER.—Section 
5323(j) is amended—
(A) 
by 
redesignating 
paragraphs 
(3) 
through (7) as paragraphs (4) through (8), re-
spectively; and 
(B) by inserting after paragraph (2) the 
following: 
‘(3) WRITTEN JUSTIFICATION FOR PUBLIC IN-
TEREST WAIVER.—When issuing a waiver based on 
a public interest determination under paragraph 
(2)(A), the Secretary shall issue a detailed written 
justification as to why the waiver is in the public in-
terest. The Secretary shall publish such justification 
in the Federal Register and provide the public with 
a reasonable period of time for notice and com-
ment.’. 
(2) INELIGIBILITY
FOR
CONTRACTS.—Section 
5323(j)(6) (as so redesignated) is amended by strik-
ing ‘Intermodal Surface Transportation Efficiency 
Act of 1991 (Public Law 102–240, 105 Stat. 1914)’ 
and inserting ‘Federal Public Transportation Act of 
2004’. 
(3) ADMINISTRATIVE REVIEW.—Section 5323(j) 
is amended by adding at the end the following:
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‘(9) ADMINISTRATIVE
REVIEW.—A party ad-
versely affected by an agency action under this sub-
section shall have the right to seek review under sec-
tion 702 of title 5, United States Code.’. 
(4) REPEAL
OF
GENERAL
WAIVER.—Sub-
sections (b) and (c) of Appendix A of section 661.7 
of title 49, Code of Federal Regulations, shall cease 
to be in effect beginning on the date of enactment 
of this Act. 
(h) GRANT REQUIREMENTS.—Section 5323(o) is 
amended by striking ‘the Transportation Infrastructure 
Finance and Innovation Act of 1998’ and inserting ‘chap-
ter 6 (other than section 609) of title 23’. 
SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 
(a) IN GENERAL.—Section 5324 is amended to read 
as follows: 
‘§ 5324. Special provisions for capital projects 
‘(a) RELOCATION PROGRAM REQUIREMENTS.—Fi-
nancial assistance may be provided under section 5309 
only if the Secretary decides that—
‘(1) an adequate relocation program is being 
carried out for families displaced by a project; and 
‘(2) an equal number of decent, safe, and sani-
tary dwellings are being, or will be, provided to those 
families in the same area or in another area gen-
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erally not less desirable for public utilities and public 
and commercial facilities, at rents or prices within 
the financial means of those families, and with rea-
sonable access to their places of employment. 
‘(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND 
ENVIRONMENTAL INTERESTS.—
‘(1) COOPERATION
AND
CONSULTATION.—In 
carrying out the policy of section 5301(e), the Sec-
retary shall cooperate and consult with the Secre-
taries of the Interior, Health and Human Services, 
and Housing and Urban Development and the Ad-
ministrator of the Environmental Protection Agency 
on each project that may have a substantial impact 
on the environment. 
‘(2) PUBLIC
PARTICIPATION
IN
ENVIRON-
MENTAL
REVIEWS.—In performing environmental 
reviews, the Secretary shall review each transcript of 
a hearing submitted under section 5323(b) to estab-
lish that an adequate opportunity to present views 
was given to all parties having a significant eco-
nomic, social, or environmental interest in the 
project, and that the project application includes a 
record of—
‘(A) the environmental impact of the pro-
posal;
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‘(B) adverse environmental effects that 
cannot be avoided; 
‘(C) alternatives to the proposal; and 
‘(D) irreversible and irretrievable impacts 
on the environment. 
‘(3) APPROVAL OF APPLICATIONS FOR ASSIST-
ANCE.—
‘(A) FINDINGS BY THE SECRETARY.—The 
Secretary may approve an application for finan-
cial assistance for a capital project in accord-
ance with this chapter only if the Secretary 
makes written findings, after reviewing the ap-
plication and the transcript of any hearing held 
before a State or local governmental authority 
under section 5323(b), that—
‘(i) 
an 
adequate 
opportunity 
to 
present views was given to all parties hav-
ing a significant economic, social, or envi-
ronmental interest; 
‘(ii) the preservation and enhancement 
of the environment and the interest of the 
community in which the project is located 
were considered; and 
‘(iii) no adverse environmental effect 
is likely to result from the project, or no
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feasible and prudent alternative to the ef-
fect exists and all reasonable steps have 
been taken to minimize the effect. 
‘(B) HEARING.—If a hearing has not been 
conducted or the Secretary decides that the 
record of the hearing is inadequate for making 
the findings required by this subsection, the 
Secretary shall conduct a hearing on an envi-
ronmental issue raised by the application after 
giving adequate notice to interested persons. 
‘(C) AVAILABILITY
OF
FINDINGS.—The 
Secretary’s findings under subparagraph (A) 
shall be made a matter of public record.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5324 and inserting the following:
‘5324. Special provisions for capital projects.’.
SEC. 3025. CONTRACT REQUIREMENTS. 
(a) IN GENERAL.—Section 5325 is amended—
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘(a) COMPETITION.—Recipients of Federal assistance 
under this chapter shall conduct all procurement trans-
actions involving such assistance in a manner providing 
full and open competition, as determined by the Secretary.
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‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN 
CONTRACTS.—
‘(1) PROCEDURES FOR AWARDING CONTRACT.—
A contract or requirement for program management, 
architectural engineering, construction management, 
a feasibility study, and preliminary engineering, de-
sign, architectural, engineering, surveying, mapping, 
or related services for a project for which Federal 
assistance is provided under this chapter shall be 
awarded in the same way as a contract for architec-
tural and engineering services is negotiated under 
chapter 11 of title 40 or an equivalent qualifications-
based requirement of a State. 
‘(2) EFFECT OF STATE LAWS.—This subsection 
does not apply to the extent a State has adopted, be-
fore the date of enactment of the Federal Public 
Transportation Act of 2005, by law a formal proce-
dure for procuring those services. 
‘(3) ADMINISTRATION OF CONTRACTS.—When 
awarding such contracts, recipients of assistance 
under this chapter shall maximize efficiencies of ad-
ministration by accepting nondisputed audits con-
ducted by other governmental agencies as follows: 
‘(A) PERFORMANCE OF AUDITS.—Any con-
tract or subcontract awarded under this chapter
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shall be performed and audited in compliance 
with cost principles contained in the Federal 
Acquisition Regulation (part 31 of title 48, 
Code of Federal Regulations). 
‘(B) INDIRECT
COST
RATES.—Instead of 
performing its own audits, a recipient of funds 
under a contract or subcontract awarded under 
this chapter shall accept indirect cost rates es-
tablished in accordance with the Federal Acqui-
sition Regulation for one-year applicable ac-
counting periods by a cognizant Federal or 
State government agency, if such rates are not 
currently under dispute. 
‘(C) APPLICATION
OF
RATES.—Once a 
firm’s indirect cost rates are accepted under 
this paragraph, the recipient of the funds shall 
apply such rates for the purposes of contract 
estimation, negotiation, administration, report-
ing, and contract payment and shall not be lim-
ited by administrative or de facto ceilings. 
‘(D) PRENOTIFICATION; CONFIDENTIALITY 
OF DATA.—A recipient of funds requesting or 
using the cost and rate data described in para-
graph (3) shall notify any affected firm before 
such request or use. Such data shall be con-
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HR 3 IH1S 
fidential and shall not be accessible or provided, 
in whole or in part, to another firm or to any 
government agency that is not part of the 
group of agencies sharing cost data under this 
paragraph, except by written permission of the 
audited firm. If prohibited by law, such cost 
and rate data shall not be disclosed under any 
circumstances.’; and 
(2) by adding at the end the following: 
‘(d) DESIGN-BUILD SYSTEM PROJECTS.—
‘(1) DEFINITION.—In this section, the term 
‘‘design-build system project’’ means a project under 
which a recipient enters into a contract with a seller, 
firm, or consortium of firms to design and build a 
public transportation system or an operable segment 
thereof that meets specific performance criteria. 
Such project may also include an option to finance, 
or operate for a period of time, the system or seg-
ment or any combination of designing, building, op-
erating, or maintaining such system or segment. 
‘(2) FINANCIAL ASSISTANCE.—Government fi-
nancial assistance under this chapter may be made 
available for the capital costs of a design-build sys-
tem project after the recipient complies with Govern-
ment requirements.
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‘(e) MULTIYEAR ROLLING STOCK.—
‘(1) CONTRACTS.—A recipient procuring rolling 
stock with Government financial assistance under 
this chapter may make a multiyear contract to buy 
the rolling stock and replacement parts under which 
the recipient has an option to buy additional rolling 
stock or replacement parts for not more than 5 
years after the date of the original contract. 
‘(2) COOPERATION
AMONG
RECIPIENTS.—The 
Secretary shall allow at least 2 recipients to act on 
a cooperative basis to procure rolling stock in com-
pliance with this subsection and other Government 
procurement requirements. 
‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi-
nancial assistance under this chapter may enter into a 
contract to expend that assistance to acquire rolling 
stock—
‘(1) based on—
‘(A) initial capital costs; or 
‘(B) performance, standardization, life 
cycle costs, and other factors; or 
‘(2) with a party selected through a competitive 
procurement process. 
‘(g) EXAMINATION
OF
THE RECORDS.—Upon re-
quest, the Secretary, the Comptroller General, or a rep-
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resentative of the Secretary or the Comptroller General 
shall have access to and the right to examine and inspect 
all records, documents, papers, including contracts, re-
lated to a project for which a grant is made under this 
chapter. 
‘(h) GRANT PROHIBITIONS.—A grant may not be 
used to support a procurement that uses an exclusionary 
or discriminatory specification.’. 
(b) CONFORMING AMENDMENTS.—Section 5326, and 
the item relating to section 5326 in the analysis for chap-
ter 53, are repealed. 
SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND RE-
VIEW. 
(a) 
PROJECT
MANAGEMENT
PLAN
REQUIRE-
MENTS.—Section 5327(a) is amended—
(1) by striking ‘and’ at the end of paragraph 
(11); 
(2) by striking the period at the end of para-
graph (12) and inserting ‘; and’; and 
(3) by adding at the end the following: 
‘(13) safety and security management.’. 
(b) LIMITATIONS.—Section 5327(c) is amended to 
read as follows: 
‘(c) LIMITATIONS.—
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‘(1) LIMITATIONS
ON
USE
OF
AVAILABLE 
AMOUNTS.—The Secretary may use not more than 
.5 percent of amounts made available for a fiscal 
year to carry out section 5311, not more than .75 
percent of amounts made available for a fiscal year 
to carry out section 5307, and not more than 1 per-
cent of amounts made available for a fiscal year to 
carry out section 5309 to make contracts for the fol-
lowing activities: 
‘(A) To oversee the construction of a major 
project. 
‘(B) To review and audit the safety and se-
curity, procurement, management, and financial 
compliance of a recipient or subrecipient of 
funds under sections 5307, 5309, and 5311. 
‘(C) To provide technical assistance to cor-
rect deficiencies identified in compliance reviews 
and audits carried out under this section. 
‘(2) LIMITATIONS
ON
APPLICABILITY.—Sub-
sections (a), (b), and (e) do not apply to contracts 
under this section for activities described in para-
graphs (1)(B) and (1)(C). 
‘(3) GOVERNMENT’S
SHARE
OF
COSTS.—The 
Government shall pay the entire cost of carrying out 
a contract under this subsection.’.
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SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 
(a) IN GENERAL.—Section 5329 is amended to read 
as follows: 
‘§ 5329. Investigation of safety and hazards 
‘(a) IN GENERAL.—The Secretary may investigate 
safety and security risks associated with a condition in 
equipment, a facility, or an operation financed under this 
chapter that the Secretary believes causes a serious hazard 
of death or injury to establish the nature and extent of 
the condition and how to eliminate, mitigate, or correct 
it. 
‘(b) PLANS FOR ELIMINATING, MITIGATING, OR COR-
RECTING HAZARDS.—If the Secretary establishes that a 
condition causes a hazard, the Secretary shall require the 
local governmental authority receiving amounts under this 
chapter to submit a plan for eliminating, mitigating, or 
correcting it. 
‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Fi-
nancial assistance under this chapter, in an amount to be 
determined by the Secretary, may be withheld until a plan 
is approved and carried out.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5329 and inserting the following:
‘5329. Investigation of safety and hazards.’.
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SEC. 3028. STATE SAFETY OVERSIGHT. 
(a) IN GENERAL.—Section 5330 is amended—
(1) by striking the section heading and all that 
follows through subsection (a) and inserting the fol-
lowing: 
‘§ 5330. State safety oversight 
‘(a) APPLICATION.—This section applies only to—
‘(1) States that have rail fixed guideway public 
transportation systems not subject to regulation by 
the Federal Railroad Administration; and 
‘(2) States that are designing rail fixed guide-
way public transportation systems that will not be 
subject to regulation by the Federal Railroad Ad-
ministration.’; 
(2) in subsection (d) by inserting ‘shall ensure 
uniform safety standards and enforcement and’ after 
‘affected States’; and 
(3) by striking subsection (f). 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5330 and inserting the following:
‘5330. State safety oversight.’.
SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MIS-
USE TESTING. 
(a) DEFINITIONS.—Section 5331(a)(3) is amended 
by striking the period at the end and inserting the fol-
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lowing: ‘or section 2303a, 7101(i), or 7302(e) of title 46. 
The Secretary may also decide that a form of public trans-
portation is covered adequately, for employee alcohol and 
controlled substances testing purposes, under the alcohol 
and controlled substance statutes or regulations of an 
agency within the Department of Transportation or the 
Coast Guard.’. 
(b) TECHNICAL CORRECTIONS.—Subsections (b)(1) 
and (g) of section 5331 are each amended by striking ‘or 
section 103(e)(4) of title 23’. 
(c) REGULATIONS.—Section 5331(f) is amended by 
striking paragraph (3). 
SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. 
Section 5333(b)(1) is amended by striking ‘5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’ 
each place it appears and inserting ‘5316, 5317, 5318, 
5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 
5338(b), 5338(g), and 5338(h)’. 
SEC. 3031. ADMINISTRATIVE PROCEDURES. 
Section 5334 is amended—
(1) in subsection (a)—
(A) by striking ‘and’ at the end of para-
graph (9); 
(B) by striking the period at the end of 
paragraph (10) and inserting ‘; and’; and
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(C) by adding at the end the following: 
‘(11) issue regulations as necessary to carry out 
the purposes of this chapter.’; 
(2) by striking subsection (i); 
(3) by redesignating subsections (b) through (h) 
as subsections (c) through (i), respectively; 
(4) by inserting after subsection (a) the fol-
lowing: 
‘(b) PROHIBITIONS AGAINST REGULATING OPER-
ATIONS AND CHARGES.—
‘(1) IN GENERAL.—Except for purposes of na-
tional defense or in the event of a national or re-
gional emergency, the Secretary may not regulate 
the operation, routes, or schedules of a public trans-
portation system for which a grant is made under 
this chapter, nor may the Secretary regulate the 
rates, fares, tolls, rentals, or other charges pre-
scribed by any provider of public transportation. 
‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to prevent the Secretary from requiring a recipient 
of funds under this chapter to comply with the 
terms and conditions of its Federal assistance agree-
ment.’;
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(5) in subsection (c)(4) (as redesignated by 
paragraph (3) of this section)—
(A) by striking ‘subsections (h) and (i)’ 
and inserting ‘subsection (i)’; and 
(B) 
by 
striking 
‘5323(c), 
5323(e), 
5324(c),’; and 
(6) by adding at the end of subsection (c) (as 
redesignated by paragraph (3) of this section) the 
following: 
‘(5) NONREGULATORY
SUBSTANTIVE
POLICY 
STATEMENTS.—The Secretary shall provide notice 
and an opportunity for public comment at least 60 
days before issuing any nonregulatory substantive 
policy statements (regardless of the form of 
issuance), including guidance, policy statements, and 
regulatory interpretations.’. 
SEC. 3032. NATIONAL TRANSIT DATABASE. 
(a) IN GENERAL.—Section 5335 is amended—
(1) by striking the section heading and insert-
ing the following: 
‘§ 5335. National transit database’; 
(2) by striking subsection (b); and 
(3) in subsection (a)—
(A) by striking ‘(1) To help’ and inserting 
‘To help’; and
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(B) by striking ‘(2) The Secretary’ and in-
serting ‘(b) Reporting and Uniform Systems.—
The Secretary’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5335 and inserting the following:
‘5335. National transit database.’.
SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY 
FACTORS. 
(a) DISTRIBUTION.—Section 5337 is amended—
(1) by striking the section designation and all 
that follows before paragraph (1) of subsection (a) 
and inserting the following: 
‘§ 5337. Apportionment based on fixed guideway fac-
tors 
‘(a) DISTRIBUTION.—The Secretary shall apportion 
amounts made available for fixed guideway modernization 
under sections 5338(b) and 5338(g) as follows:’; 
(2) in subsection (a) by striking ‘(e)(1)’ each 
place it appears and inserting ‘(e)’; and 
(3) in subsection (a) by striking ‘(e)(2)’ each 
place it appears and inserting ‘(e)’. 
(b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—Section 5337(e) is amended by 
striking paragraph (1) and all that follows through ‘(2) 
Other Standards.—’.
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(c) CONFORMING AMENDMENT.—The item relating 
to section 5337 in the table of sections for chapter 53 is 
amended to read as follows:
‘5337. Apportionment based on fixed guideway factors.’.
SEC. 3034. AUTHORIZATIONS. 
Section 5338 is amended to read as follows: 
‘§ 5338. Authorizations 
‘(a) FORMULA GRANTS.—
‘(1) FISCAL YEAR 2004.—
‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5307, 5308, 5310, 5311, 5316, 5317, and 5318 
of this chapter, 1118(b) of the Transportation 
Equity Act: A Legacy for Users (relating to the 
nonmotorized transportation pilot program), 
and section 3038 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5310 note; 
112 Stat. 392–393) $3,132,304,000 for fiscal 
year 2004. 
‘(B) FROM GENERAL FUND.—In addition 
to amounts made available under subparagraph 
(A), there are authorized to be appropriated to 
carry out sections 5307, 5308, 5310, 5311, 
5316, and 5318 of this chapter, 1118(b) of the 
Transportation Equity Act: A Legacy for Users
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(relating to the nonmotorized transportation 
pilot program), and section 3038 of the Trans-
portation Equity Act for the 21st Century (49 
U.S.C. 
5310 
note; 
112 
Stat. 
392–393) 
$783,076,000 for fiscal year 2004. 
‘(C) ALLOCATION OF FUNDS.—Of the ag-
gregate of amounts made available by and ap-
propriated under this paragraph for a fiscal 
year—
‘(i) $4,849,950 shall be available to 
the Alaska Railroad for improvements to 
its passenger operations under section 
5307; 
‘(ii) $125,000,000 shall be available 
to provide job access and reverse commute 
formula grants under section 5316; 
‘(iii) $50,000,000 shall be available to 
provide clean fuels formula grants under 
section 5308; 
‘(iv) $8,000,000 shall be available to 
provide 
over-the-road 
bus 
accessibility 
grants under section 3038 of the Trans-
portation Equity Act for the 21st Century 
(49 U.S.C. 5310 note);
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HR 3 IH1S 
‘(v) $3,100,000 shall be available to 
carry out bus testing under section 5318; 
‘(vi) $93,110,751 shall be available to 
provide transportation services to elderly 
individuals and individuals with disabilities 
under section 5310; 
‘(vii) $297,954,404 shall be available 
to provide financial assistance for other 
than urbanized areas under section 5311; 
and 
‘(viii) $3,333,364,895 shall be avail-
able to provide financial assistance for ur-
banized areas under section 5307, subject 
to section 3041(h) of the Federal Public 
Transportation Act of 2005. 
‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5307, 5308, 5310, 5311, 5316, 5317, 5318, 
and 5320 of this chapter, section 3038 of the 
Transportation Equity Act for the 21st Century 
(49 U.S.C. 5310 note; 112 Stat. 392–393), and 
section 1118(b) of the Transportation Equity
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HR 3 IH1S 
Act: A Legacy for Users (relating to the non-
motorized transportation pilot program)—
‘(i) $4,133,500,000 for fiscal year 
2005; 
‘(ii) $4,592,000,000 for fiscal year 
2006; 
‘(iii) $4,898,000,000 for fiscal year 
2007; 
‘(iv) $5,223,000,000 for fiscal year 
2008; and 
‘(v) $5,570,000,000 for fiscal year 
2009. 
‘(B) ALLOCATION
OF
FUNDS
FOR
BUS 
TESTING
AND
OVER-THE-ROAD
BUS
ACCESSI-
BILITY.—Of the aggregate of amounts made 
available by this paragraph for a fiscal year—
‘(i) $3,100,000 shall be available to 
carry out section 5318; and 
‘(ii) $8,000,000 shall be available to 
carry out section 3038 of the Transpor-
tation Equity Act for the 21st Century (49 
U.S.C. 5310 note). 
‘(C) ALLOCATION OF FUNDS FOR CLEAN 
FUELS FORMULA GRANT PROGRAM.—Of the ag-
gregate of amounts made available by this para-