I 

117TH CONGRESS 

1ST SESSION H. R. 3201 

To provide funds to State transportation departments for surface 

transportation projects. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. LAMB (for himself, Mr. GIBBS, and Mr. CARBAJAL) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committee on the Budget, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide funds to State transportation departments for 

surface transportation projects. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Providing Assistance 

5 for Vital Enhancements Act’’ or the ‘‘PAVE Act’’. 


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1 SEC. 2. ASSISTANCE TO STATE TRANSPORTATION DEPART2 MENTS. 

3 (a) FORMULA GRANT PROGRAM.—Funds made avail4 able under this section shall be— 

5 (1) available for obligation in the same manner 

6 as if such funds were apportioned under chapter 1 

7 of title 23, United States Code; 

8 (2) apportioned not later than 30 days after the 

9 date of enactment of this Act; and 

10 (3) distributed to States in the same ratio as 

11 the obligation limitation for fiscal year 2020 was 

12 distributed among the States in accordance with the 

13 formula specified in subparagraphs (A) and (B) of 

14 section 120(a)(5) of division H of Public Law 116- 

15 94. 

16 (b) ELIGIBLE USES OF FUNDS.— 

17 (1) IN GENERAL.—A State may use the funds 

18 provided under subsection (f) for— 

19 (A) activities eligible under section 133 (b) 

20 of title 23, United States Code; and 

21 (B) administrative and operating expenses, 

22 including the salaries of employees (including 

23 employees who have been placed on administra24 tive leave) or contractors, information tech25 nology, and availability payments. 


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1 (2) SPECIAL RULE.—The expenses under para2 graph (1)(B) are not required to be included in a 

3 transportation improvement plan or statewide trans4 portation improvement plan under sections 134 and 

5 135, of title 23 United States Code. 

6 (c) FEDERAL SHARE.— 

7 (1) IN GENERAL.—Notwithstanding section 120 

8 of title 23, United States Code, the Federal share 

9 for funds apportioned for fiscal year 2021 under this 

10 Act, at the option of the recipient, shall be up to 

11 100 percent. 

12 (2) NON-FEDERAL SHARE.—Funds provided 

13 under this section shall be available for any non14 Federal share of project costs required under title 

15 23, United States Code, and for the non-Federal 

16 share of grants awarded by the Department of 

17 Transportation for Better Utilizing Investments 

18 Leveraging Development (BUILD) grants. 

19 (d) PREVAILING RATE OF WAGE.—Notwithstanding 

20 any other provision of law, the Secretary of Transpor21 tation shall require projects funded under this section to 

22 comply with of section 113(a) of title 23, United States 

23 Code, with respect to all construction work, in the same 

24 manner that a recipient of assistance under chapter 1 of 

25 such title is required to comply with such subsection for 


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1 construction work performed on Federal-aid highway 

2 projects. 

3 (e) DEFINITIONS.—For purposes of this Act— 

4 (1) the term ‘‘Secretary’’ means the Secretary 

5 of Transportation; and 

6 (2) the term ‘‘State’’ has the same meaning 

7 given such term in section 101(a)(26) of title 23, 

8 United States Code. 

9 (f) FUNDING.— 

10 (1) IN GENERAL.—Out of any funds in the 

11 General Fund of the Treasury not otherwise appro12 priated, there are appropriated to provide emergency 

13 assistance to States under this section, 

14 $18,000,000,000 for fiscal year 2021, to remain 

15 available through fiscal year 2024. 

16 (2) EMERGENCY DESIGNATION.— 

17 (A) IN GENERAL.—The amounts provided 

18 by this section are designated as an emergency 

19 requirement pursuant to section 4(g) of the 

20 Statutory Pay-As-You-Go Act of 2010 (2 

21 U.S.C. 933(g)). 

22 (B) EMERGENCY REQUIREMENT.—The 

23 amount made available by this subsection is 

24 designated by the Congress as being for an 

25 emergency requirement pursuant to section 


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1 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985 and 

3 shall be available only if the President subse4 quently so designates all such amounts and 

5 transmits such designations to the Congress. 

6 (C) DESIGNATION IN SENATE.—In the 

7 Senate, this section is designated as an emer8 gency requirement pursuant to section 4112(a) 

9 of H. Con. Res. 71 (115th Congress), the con10 current resolution on the budget for fiscal year 

11 2018. 

Æ 


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