H. R. 2017
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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.—Notwith-
standing 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 estab-
lished under title 23, United States Code, and to repay the United
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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 suffi-
cient to pay, at a minimum, the cost-sharing requirements estab-
lished 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.
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(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 Colum-
bia 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 Dis-
trict 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 Responsibil-
ity and Management Assistance Authority, may require administra-
tive 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.