[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):
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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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