[104th Congress Public Law 21]
[From the U.S. Government Printing Office]


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[DOCID: f:publ21.104]


[[Page 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. <<NOTE: Aug. 4, 1995 -  [H.R. 
                                2017]>> 

    Be it enacted by the Senate and House of Representatives of 
the <<NOTE: District of Columbia Emergency Highway Relief Act.>> 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 
                Secretary 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

[[Page 109 STAT. 258]]

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.

[[Page 109 STAT. 259]]

    (e)  <<NOTE: Reports.>> 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)  <<NOTE: Reports.>> 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.

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.

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