article: 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.