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.

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''.

Summary: 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 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.