A bill to amend title 23, United States Code, to establish a traffic incident management program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rush Hour Congestion Relief Act of 
2004''.

SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Traffic incident management program
    ``(a) In General.--The Secretary shall establish and implement a 
traffic incident management program in accordance with this section to 
assist States and localities in--
            ``(1) regional traffic incident management program 
        planning; and
            ``(2) carrying out projects to mitigate the effects of 
        traffic delays resulting from accidents, breakdowns, and other 
        non-recurring incidents on highways.
    ``(b) Use of Funds.--Funds apportioned to a State under this 
section may be used for--
            ``(1) regional collaboration and coordination activities 
        that lead to regional traffic incident management policies, 
        programs, plans, procedures, and agreements;
            ``(2) purchase or lease of telecommunications equipment for 
        first responders as part of the development of a regional 
        traffic incident management program;
            ``(3) purchase or lease of equipment to support the 
        clearance of traffic incidents;
            ``(4) payments to contractors for towing and recovery 
        services as part of a regional traffic incident management 
        program;
            ``(5) rental of vehicle storage or staging areas 
        immediately adjacent to roadways as part of a regional traffic 
        incident management program;
            ``(6) traffic service patrols as part of a regional traffic 
        incident management program;
            ``(7) enhanced hazardous materials incident response;
            ``(8) traffic management systems in support of traffic 
        incident management;
            ``(9) traffic incident management training;
            ``(10) crash investigation equipment;
            ``(11) other activities under a regional traffic incident 
        management plan; and
            ``(12) statewide incident reporting systems.
    ``(c) Regional Traffic Incident Management Plan.--
            ``(1) Plan.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds apportioned under this section 
                may not be obligated for an urbanized area with a 
                population greater than 300,000 until such time as a 
                regional traffic incident management plan is developed 
                for the urbanized area.
                    ``(B) Funds for plan.--An urbanized area described 
                in subparagraph (A) may use funds apportioned under 
                this section to develop the regional traffic incident 
                management plan in accordance with this subsection.
            ``(2) Plan development.--
                    ``(A) Collaboration.--Any urbanized area described 
                in paragraph (1) that receives funds apportioned under 
                this section shall engage in regional collaboration and 
                coordination activities to develop the regional traffic 
                incident management plan required for the urbanized 
                area under that paragraph.
                    ``(B) Plan elements.--The regional traffic incident 
                management plan for an urbanized area under paragraph 
                (1) shall include--
                            ``(i) a strategy, adopted by 
                        transportation, public safety, and appropriate 
                        private sector participants, for funding, 
                        implementing, managing, operating, and 
                        evaluating the traffic incident management 
                        program initiatives and activities for the 
                        urbanized area in a manner that ensures 
                        regional coordination of those initiatives and 
                        activities;
                            ``(ii) an estimate of the impact of the 
                        plan on traffic delays; and
                            ``(iii) a description of the means by which 
                        traffic incident management information will be 
                        shared among operators, service providers, 
                        public safety officials, and the general 
                        public.
    ``(d) Funding.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) to carry out this section $1,000,000,000 
        for each of fiscal years 2005 through 2010.
            ``(2) Apportionment among states.--Funds made available 
        under paragraph (1) shall be apportioned among the States in 
        the proportion that--
                    ``(A) the aggregate population of the State, or 
                part of the State, in urbanized areas with a population 
                greater than 300,000; bears to
                    ``(B) the total population of all States, or parts 
                of all States, in those urbanized areas.
            ``(3) Distribution within states.--Funds apportioned to a 
        State under paragraph (2) shall be made available to carry out 
        projects and activities under regional traffic incident 
        management plans in each urbanized area in the State with a 
        population greater than 300,000 in the proportion that--
                    ``(A) the population of the urbanized area, or part 
                of the urbanized area, in the State; bears to
                    ``(B) the total population of all urbanized areas 
                in the State.
    ``(e) Determination of Populations.--For the purpose of determining 
populations of areas under this section, the Secretary shall use 
information from the most current decennial census, as supplied by the 
Secretary of Commerce.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by inserting after the 
item relating to section 138 the following:

``139. Traffic incident management program.''.

Summary: Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways.

Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area.

Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan.

Prescribes an apportionment formula for funds distribution among the States to implement this Act.