§ 165. Puerto Rico highway program

(a) In General.— The Secretary shall allocate funds made available to carry out this section for each of fiscal years 2005 through 2009 to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.
(b) Applicability of Title.— Amounts made available by section 1101(a)(14) of the SAFETEA–LU shall be available for obligation in the same manner as if such funds were apportioned under this chapter.
(c) Treatment of Funds.— Amounts made available to carry out this section for a fiscal year shall be administered as follows:
(1) Apportionment.— For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104 (b) and 144, for each program funded under those sections in an amount determined by multiplying—
(A) the aggregate of the amounts for the fiscal year; by
(B) the ratio that—
(i) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to
(ii) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.
(2) Penalty.— The amounts treated as being apportioned to Puerto Rico under each section referred to in paragraph (1) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.
(d) Effect on Allocations and Apportionments.— Subject to subsection (c)(2), nothing in this section affects any allocation under section 105 and any apportionment under sections 104 and 144.