District of Columbia Emergency Highway Relief Act
PL 104-21 (H.R.2017), enacted 08/04/1995

PUBLIC LAW 104-21—AUG. 4, 1995 
109 STAT. 257 
Public Law 104-21 
104th Congress 
An Act 
To authorize an increased F'ederal 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 
Aug. 4,1995 
[H.R. 2017] 
District of 
Columbia 
Emergency 
Highway 
Relief Act. 
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 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. 
PUBLIC LAW 104-21—AUG. 4, 1995 
109 STAT. 259 
(e) GAO AUDIT.—^Not later than December 31, 1996, and each Reports. 
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 Reports, 
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. 
L E G I S L A T I V E H I S T O R Y — H.R. 2017 (S. 1023): 
HOUSE REPORTS: No. 104^217, Pt. 1 (Comm. on Transportation and Infrastruc-
ture). 
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.