APPORTIONMENTS.

SEC. 1103. APPORTIONMENTS.(a) Administrative Expenses.—(1) In general.—Section 104(a) of title 23, United States Code, is amended to read as follows:“(a) Administrative Expenses.—“(1) In general.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—“(A) $353,024,000 for fiscal year 2005;“(B) $370,613,540 for fiscal year 2006;“(C) $389,079,500 for fiscal year 2007;“(D) $408,465,500 for fiscal year 2008; and“(E) $423,717,460 for fiscal year 2009.“(2) Purposes.—The funds authorized by this subsection shall be used—“(A) to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2; and“(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system.“(3) Availability.—The funds made available under paragraph (1) shall remain available until expended.”.(2) Conforming amendments.—Section 104 of such title is amended—(A) in the matter preceding paragraph (1) of subsection (b), by striking “the deduction authorized by subsection (a) and the set-aside authorized by subsection (f)” and inserting “the set-asides authorized by subsections (d) and (f) and section 130(e)”;(B) in the first sentence of subsection (e)(1), by striking “, and also” and all that follows through “this section”; and(C) in subsection (i), by striking “deducted” and inserting “made available”.(b) Alaska Highway.—Section 104(b)(1)(A) of such title is amended by striking “$18,800,000 for each of fiscal years 1998 through 2002” and inserting “$30,000,000 for each of fiscal years 2005 through 2009”.(c) National Highway System Component.—Section 104(b)(1)(A) of such title is amended by striking “$36,400,000 for each fiscal year” and inserting “$40,000,000 for each of fiscal years 2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 2009”.(d) CMAQ Apportionment.—Section 104(b)(2) of such title is amended—(1) in subparagraph (B)—(A) by striking clause (i) and inserting the following:“(i) 1.0 if, at the time of apportionment, the area is a maintenance area;”;(B) by striking “or” at the end of clause (vi); (C) by striking the period at the end of clause (vii) and inserting “; or”; and(D) by adding at the end the following:119 STAT. 1162 “(viii) 1.0 if, at the time of apportionment, an area is designated as nonattainment for ozone under subpart 1 of part D of title I of such Act (42 U.S.C. 7512 et seq.).”; and(2) by striking subparagraph (C) and inserting the following:“(C) Additional adjustment for carbon monoxide areas.—If, in addition to being designated as a nonattainment or maintenance area for ozone as described in section 149(b), any county within the area was also classified under subpart 3 of part D of title I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a nonattainment or maintenance area described in section 149(b) for carbon monoxide, the weighted nonattainment or maintenance area population of the county, as determined under clauses (i) through (vi) or clause (viii) of subparagraph (B), shall be further multiplied by a factor of 1.2.”.(e) Report.—Section 104(j) of such title is amended by striking “submit to Congress a report” and inserting “submit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet,”.(f) Operation Lifesaver.—Section 104(d) of such title is amended—(1) by striking paragraph (1) and all that follows through the period at the end of paragraph (2)(A) and inserting the following:“(1) Operation lifesaver.—To carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings—“(A) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $560,000 for such fiscal year; and“(B) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $560,000 for each of fiscal years 2006 through 2009.“(2) Railway-highway crossing hazard elimination in high speed rail corridors.—“(A) Funding.—To carry out the elimination of hazards at railway-highway crossings—“(i) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $5,250,000 for such fiscal year; and“(ii) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $7,250,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, $12,500,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009.”; and(2) in paragraph (2)(E)—(A) by striking “Not less than $250,000 of such set-aside” and inserting “Of such set-aside, not less than $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year 2009”; and(B) by striking “per fiscal year”.119 STAT. 1163