text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Congestion Relief Act of 2005''.
  
  SEC. 2. SURFACE TRANSPORTATION PROGRAM.
  
      (a) Division of Funds Between Urbanized Areas of Over 200,000 
  Population and Other Areas.--Section 133(d)(3)(A) of title 23, United 
  States Code, is amended--
              (1) by striking ``62.5 percent of''; and
              (2) by striking ``The remaining 37.5 percent may be 
          obligated in any area of the State.''.
      (b) Obligation Authority.--Section 133(f)(1) of such title is 
  amended by striking ``the period of fiscal years 1998'' and all that 
  follows through ``2003'' and inserting ``the period of fiscal years 
  2004 through 2006 and the period of fiscal years 2007 through 2009''.
  
  SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
  
      (a) Allocations.--Section 149 of title 23, United States Code, is 
  amended by adding at the end the following:
      ``(f) Allocations of Apportioned Funds.--
              ``(1) In general.--A State shall allocate the amounts 
          apportioned to the State for a fiscal year under section 
          104(b)(2) and the amounts apportioned for the congestion 
          mitigation and air quality improvement program under section 
          110 among metropolitan planning organizations and other 
          agencies responsible for air quality conformity determinations 
          in federally designated air quality areas in the ratio that--
                      ``(A) the total of all weighted nonattainment and 
                  maintenance area populations (as determined under 
                  section 104(b)(2)) represented by the metropolitan 
                  planning organization or other agency; bears to
                      ``(B) the total of all weighted nonattainment and 
                  maintenance area populations (as determined under 
                  section 104(b)(2)) in the State.
              ``(2) Nonapplicability to certain amounts.--Amounts 
          described in subsections (c)(1) and (c)(2) that may be used for 
          any project eligible under the surface transportation program 
          under section 133 shall not be subject to the requirements of 
          paragraph (1).
              ``(3) Availability of amounts.--A State may reallocate 
          amounts allocated under this subsection as necessary to prevent 
          lapses of funds under section 118.
              ``(4) Obligation authority.--A State shall make available 
          to a metropolitan planning organization or other agency to 
          which amounts are allocated for a fiscal year under this 
          section an amount of obligation authority distributed to the 
          State for Federal-aid highways and highway safety construction 
          programs for use in the area represented by the metropolitan 
          planning organization or other agency that is equal to the 
          amount obtained by multiplying--
                      ``(A) the aggregate amount of funds that the State 
                  is required to obligate in the area under this 
                  subsection; and
                      ``(B) the ratio that--
                              ``(i) the aggregate amount of obligation 
                          authority distributed to the State for Federal-
                          aid highways and highway safety construction 
                          programs for the fiscal year; bears to
                              ``(ii) the total of the sums apportioned to 
                          the State for Federal-aid highways and highway 
                          safety construction programs for the fiscal 
                          year.
              ``(5) Joint responsibility.--Each State, each affected 
          metropolitan planning organization or other agency, and the 
          Secretary shall jointly ensure compliance with paragraph 
          (4).''.
  
  SEC. 4. NATIONAL HIGHWAY SYSTEM.
  
      (a) Selection of Projects.--Section 103(a)(6) of title 23, United 
  States Code, is amended by inserting ``the project selection 
  requirements of section 134(i)(4)(B) and'' after ``Subject to''.
      (b) Allocation.--Section 103(b) of such title is amended by adding 
  at the end the following:
              ``(7) Allocation to urbanized areas of over 200,000 
          population.--The funds apportioned to a State under section 
          104(b)(1) for a fiscal year shall be allocated between 
          urbanized areas with a population of over 200,000 in the State 
          and other areas in the State--
                      ``(A) 75 percent in the ratio that--
                              ``(i) the total lane miles on the National 
                          Highway System in such urbanized areas in the 
                          State; bears to
                              ``(ii) the total lane miles on the National 
                          Highway System in all areas in the State; and
                      ``(B) 25 percent in the ratio that--
                              ``(i) the total vehicle miles traveled on 
                          the National Highway System in such urbanized 
                          areas in the State; bears to
                              ``(ii) the total vehicle miles traveled on 
                          the National Highway System in all areas in the 
                          State.''.
  
  SEC. 5. MINIMUM GUARANTEE.
  
      Section 105(c)(2) of title 23, United States Code, is amended by 
  striking ``paragraphs (1), (2), and (3)'' and inserting ``paragraphs 
  (1) and (2)''.
  
  SEC. 6. METROPOLITAN CONGESTION RELIEF PROGRAM.
  
      (a) In General.--Subchapter I of chapter I of title 23, United 
  States Code, is amended by adding at the end the following:
  ``Sec. 165. Metropolitan congestion relief program
      ``(a) Establishment.--The Secretary shall establish a metropolitan 
  congestion relief program in accordance with this section.
      ``(b) Eligible Projects.--A project shall be eligible for 
  assistance under this section if the project is eligible for assistance 
  under the surface transportation program established by section 133 and 
  the project is developed in accordance with the planning requirements 
  of subsection (c).
      ``(c) Planning.--Programming and expenditure of funds for projects 
  under this section shall be consistent with the requirements of 
  sections 134 and 135. In addition, with respect to each project carried 
  out under this section, the appropriate metropolitan planning 
  organization shall demonstrate, as part of its congestion management 
  system if applicable, that the project will improve congestion in its 
  region.
      ``(d) Apportionment.--
              ``(1) Eligible urbanized areas.--Amounts made available to 
          carry out this section for a fiscal year shall be apportioned 
          directly to a metropolitan planning organization designated 
          for--
                      ``(A) an urbanized area that has a travel time 
                  index of 1.2 or more; and
                      ``(B) an urbanized area with a population of more 
                  than 1,000,000 that otherwise would not be eligible 
                  under subparagraph (A).
              ``(2) Formula.--Amounts made available to carry out this 
          section for a fiscal year shall be apportioned among eligible 
          urbanized areas under paragraph (1) as follows:
                      ``(A) 50 percent in the ratio that--
                              ``(i) the travel time index of the eligible 
                          urbanized area; bears to
                              ``(ii) the travel time index of all 
                          eligible urbanized areas.
                      ``(B) 50 percent in the ratio that--
                              ``(i) the passenger miles traveled in the 
                          eligible urbanized area; bears to
                              ``(ii) the passenger miles traveled in all 
                          eligible urbanized areas.
              ``(3) Determinations.--Eligibility and apportionment 
          determinations under this subsection shall be made by the 
          Secretary based on data from the most recent year for which 
          data is available.
      ``(e) Authorization of Appropriations.--There is authorized to be 
  appropriated out of the Highway Trust Fund (other than the Mass Transit 
  Account) to carry out this section $2,000,000,000 for each of fiscal 
  years 2004 through 2009.
      ``(f) Definitions.--In this section, the following definitions 
  apply:
              ``(1) Travel time index.--The term `travel time index' 
          means the travel time index developed by the Texas 
          Transportation Institute and included in the performance plan 
          of the Federal Highway Administration.
              ``(2) Passenger miles traveled.--The term `passenger miles 
          traveled' includes daily vehicle miles traveled and daily 
          transit ridership as measured by Secretary.''.
      (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
  United States Code, is amended by inserting after the item relating 
  section 164 the following:
  
  ``165. Metropolitan congestion relief program.''.
  
  SEC. 7. TRANSPORTATION OPERATIONAL IMPROVEMENT PROGRAM.
  
      (a) In General.--Subchapter I of chapter 1 of title 23, United 
  States Code, is further amended by adding at the end the following:
  ``Sec. 166. Operational improvement program
      ``(a) General Authority.--The Secretary shall establish and 
  implement an operational improvement program under which the Secretary 
  shall make grants to States, metropolitan planning organizations, and 
  local governments for projects to improve the operation of the Nation's 
  roadways.
      ``(b) Eligible Uses.--Grants to States, metropolitan planning 
  organizations, and local governments under this section may be used for 
  the following purposes:
              ``(1) Incident management projects, including the 
          following:
                      ``(A) Development of a regionwide coordinated plan 
                  to mitigate delays due to accidents and breakdowns.
                      ``(B) Purchase or lease of telecommunications 
                  equipment for first responders.
                      ``(C) Purchase or lease of towing and recovery 
                  equipment.
                      ``(D) Payments to contractors for towing and 
                  recovery services.
                      ``(E) Rental of vehicle storage areas immediately 
                  adjacent to roadways.
                      ``(F) Service patrols.
                      ``(G) Enhanced hazard materials incident response 
                  capacity.
                      ``(H) Incident detection equipment.
                      ``(I) Training.
              ``(2) Deployment of intelligent transportation systems 
          technology, including the deployment of the national 511 
          traveler information telephone number.
              ``(3) Transportation demand management techniques, 
          including the following:
                      ``(A) Commuter benefit programs.
                      ``(B) Parking management programs.
                      ``(C) Carpool and vanpool projects.
                      ``(D) Geographic Information System based ride 
                  matching operations.
                      ``(E) Employer based, real-time traveler 
                  information programs.
                      ``(F) Telework programs.
                      ``(G) Bicycle and pedestrian programs.
                      ``(H) Access to transit investments.
                      ``(I) Design and implementation of commuter-
                  friendly facilities.
                      ``(J) Employer and employment-site based transit 
                  shuttle planning and operation.
      ``(c) Authorization of Appropriations.--There is authorized to be 
  appropriated out of the Highway Trust Fund (other than the Mass Transit 
  Account) to carry out this section $500,000,000 for each of fiscal 
  years 2004 through 2009.
      ``(d) Applicability of NHS Requirements.--All provisions of this 
  chapter that are applicable to National Highway System funds, other 
  than provisions relating to the apportionment formula and provisions 
  limiting the expenditures of such funds to Federal-aid systems, shall 
  apply to funds authorized to be appropriated to carry out this section, 
  except as determined by the Secretary to be inconsistent with this 
  section and except that sums authorized by this section shall remain 
  available until expended.''.
      (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
  United States Code, is amended by inserting after the item relating 
  section 165 the following:
  
  ``166. Incident management program.''.
  
  SEC. 8. METROPOLITAN PLANNING FUNDS.
  
      Section 104(f)(1) of title 23, United States Code, is amended by 
  striking ``1 percent'' and inserting ``2 percent''.
target: Congestion Relief Act of 2005 - Amends the Transportation Equity Act for the 21st Century (TEA-21) to provide that 80 percent of specified funds apportioned to a State (currently, 62.5 percent of the remaining 80 percent) shall be obligated in urbanized areas of the State with populations of over 200,000 and in other areas of the State, in proportion to their relative share of the State's population.
  
  Modifies: (1) the allocation formula under the Congestion Mitigation and Air Quality Improvement Program; and (2) the Minimum Guarantee regarding programmatic distribution of funds.
  
  Directs that the funds apportioned to a State for a fiscal year for the National Highway System (NHS) be allocated between urbanized areas with a population of over 200,000 in the State and other areas in the State as follows: (1) 75 percent in the ratio that the total lane miles on the NHS in such urbanized areas in the State bears to the total lane miles on the NHS in all areas in the State; and (2) 25 percent in the ratio that the total vehicle miles traveled on the NHS in such urbanized areas in the State bears to the total vehicle miles traveled on the NHS in all areas in the State.
  
  Directs the Secretary of Transportation to: (1) establish a metropolitan congestion relief program; and (2) establish and implement an operational improvement program.
  
  Increases the percentage set aside for metropolitan planning.
feat_title: To amend title 23, United States Code, to allocate transportation funds to metropolitan areas and increase planning funds to relieve metropolitan congestion, and for other purposes.