PUBLIC LAW 104–21—AUG. 4, 1995 109 STAT. 257

Public Law 104–21

104th Congress

An Act

To authorize an increased Federal share of the costs of certain transportation

projects in the District of Columbia for fiscal years 1995 and 1996, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘District of Columbia Emergency Highway Relief Act’’.

SEC. 2. DISTRICT OF COLUMBIA EMERGENCY HIGHWAY RELIEF.

(a) TEMPORARY WAIVER OF NON-FEDERAL SHARE.—Notwithstanding any other law, during fiscal years 1995 and 1996, the

Federal share of the costs of an eligible project shall be a percentage

requested by the District of Columbia, but not to exceed 100 percent

of the costs of the project.

(b) ELIGIBLE PROJECTS.—In this section, the term ‘‘eligible

project’’ means a highway project in the District of Columbia—

(1) for which the United States—

(A) is obligated to pay the Federal share of the costs

of the project under title 23, United States Code, on the

date of enactment of this Act; or

(B) becomes obligated to pay the Federal share of the

costs of the project under title 23, United States Code,

during the period beginning on the date of the enactment

of this Act and ending September 30, 1996;

(2) which is—

(A) for a route proposed for inclusion on or designated

as part of the National Highway System; or (B) of regional significance (as determined by the Sec- retary of Transportation); and

(3) with respect to which the District of Columbia certifies

that sufficient funds are not available to pay the non-Federal

share of the costs of the project.

SEC. 3. DEDICATED HIGHWAY FUND AND REPAYMENT OF TEMPORARY

WAIVER AMOUNTS.

(a) ESTABLISHMENT OF FUND.—Not later than December 31,

1995, the District of Columbia shall establish a dedicated highway

fund to be comprised, at a minimum, of amounts equivalent to

receipts from motor fuel taxes and, if necessary, motor vehicle

taxes and fees collected by the District of Columbia to pay in

accordance with this section the cost-sharing requirements established under title 23, United States Code, and to repay the United

District of

Columbia

Emergency

Highway

Relief Act.

Aug. 4, 1995

[H.R. 2017]
109 STAT. 258 PUBLIC LAW 104–21—AUG. 4, 1995

States for increased Federal shares of eligible projects paid pursuant

to section 2(a). The fund shall be separate from the general fund

of the District of Columbia.

(b) PAYMENT OF NON-FEDERAL SHARE.—For fiscal year 1997

and each fiscal year thereafter, amounts in the fund shall be sufficient to pay, at a minimum, the cost-sharing requirements established under title 23, United States Code, for such fiscal year.

(c) REPAYMENT REQUIREMENTS.—

(1) FISCAL YEAR 1996.—By September 30, 1996, the District

of Columbia shall pay to the United States from amounts

in the fund established under subsection (a), with respect to

each project for which an increased Federal share is paid in

fiscal year 1995 pursuant to section 2(a), an amount equal

to 50 percent of the difference between—

(A) the amount of the costs of the project paid by

the United States in such fiscal year pursuant to section

2(a); and

(B) the amount of the costs of the project that would

have been paid by the United States but for section 2(a).

(2) FISCAL YEAR 1997.—By September 30, 1997, the District

of Columbia shall pay to the United States from amounts

in the fund established under subsection (a), with respect to

each project for which an increased Federal share is paid in

fiscal year 1995 pursuant to section 2(a) and with respect

to each project for which an increased Federal share is paid

in fiscal year 1996 pursuant to section 2(a), an amount equal

to 50 percent of the difference between—

(A) the amount of the costs of the project paid in

such fiscal year by the United States pursuant to section

2(a); and

(B) the amount of the costs of the project that would

have been paid by the United States but for section 2(a).

(3) FISCAL YEAR 1998.—By September 30, 1998, the District

of Columbia shall pay to the United States from amounts

in the fund established under subsection (a), with respect to

each project for which an increased Federal share is paid in

fiscal year 1996 pursuant to section 2(a), an amount equal

to 50 percent of the difference between—

(A) the amount of the costs of the project paid in

such fiscal year by the United States pursuant to section

2(a); and

(B) the amount of the costs of the project that would

have been paid by the United States but for section 2(a).

(4) DEPOSIT OF REPAID FUNDS.—Repayments made under

paragraphs (1), (2), and (3) with respect to a project shall

be—

(A) deposited in the Highway Trust Fund established

by section 9503 of the Internal Revenue Code of 1986;

and

(B) credited to the appropriate account of the District

of Columbia for the category of the project.

(d) ENFORCEMENT.—If the District of Columbia does not meet

any requirement established by subsection (a), (b), or (c) and

applicable in a fiscal year, the Secretary of Transportation shall

not approve any highway project in the District of Columbia under

title 23, United States Code, until the requirement is met.
PUBLIC LAW 104–21—AUG. 4, 1995 109 STAT. 259

LEGISLATIVE HISTORY— H.R. 2017 (S. 1023):

HOUSE REPORTS: No. 104–217, Pt. 1 (Comm. on Transportation and Infrastructure).

SENATE REPORTS: No. 104–111 accompanying S. 1023 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD, Vol. 141 (1995):

July 20, S. 1023 considered and passed Senate.

July 31, H.R. 2017 considered and passed House and Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Aug. 4, Presidential statement.

Æ

(e) GAO AUDIT.—Not later than December 31, 1996, and each

December 31 thereafter, the Comptroller General of the United

States shall audit the financial condition and the operations of

the fund established under this section and shall submit to Congress

a report on the results of such audit and on the financial condition

and the results of the operation of the fund during the preceding

fiscal year and on the expected condition and operations of the

fund during the next 5 fiscal years.

SEC. 4. ADDITIONAL REQUIREMENTS.

(a) EXPEDITIOUS PROCESSING AND EXECUTION OF CONTRACTS.—

The District of Columbia shall expeditiously process and execute

contracts to implement the Federal-aid highway program in the

District of Columbia.

(b) REVOLVING FUND ACCOUNT.—The District of Columbia shall

establish an independent revolving fund account for Federal-aid

highway projects. The account shall be separate from the capital

account of the Department of Public Works of the District of Columbia and shall be reserved for the prompt payment of contractors

completing highway projects in the District of Columbia under

title 23, United States Code.

(c) HIGHWAY PROJECT EXPERTISE AND RESOURCES.—The District of Columbia shall ensure that necessary expertise and

resources are available for planning, design, and construction of

Federal-aid highway projects in the District of Columbia.

(d) PROGRAMMATIC REFORMS.—The Secretary of Transportation,

in consultation with the District of Columbia Financial Responsibility and Management Assistance Authority, may require administrative and programmatic reforms by the District of Columbia to

ensure efficient management of the Federal-aid highway program

in the District of Columbia.

(e) GAO AUDIT.—The Comptroller General of the United States

shall review implementation of the requirements of this section

(including requirements imposed under subsection (d)) and report

to Congress on the results of such review not later than July

1, 1996.

Approved August 4, 1995.

Reports.

Reports.