PAVE Act

To provide funds to State transportation departments for surface transportation projects. 1. Short title This Act may be cited as the Providing Assistance for Vital Enhancements Act PAVE Act 2. Assistance to state transportation departments (a) Formula grant program Funds made available under this section shall be— (1) available for obligation in the same manner as if such funds were apportioned under chapter 1 (2) apportioned not later than 30 days after the date of enactment of this Act; and (3) distributed to States in the same ratio as the obligation limitation for fiscal year 2020 was distributed among the States in accordance with the formula specified in subparagraphs (A) and (B) of section 120(a)(5) of division H of Public Law 116–94 (b) Eligible uses of funds (1) In general A State may use the funds provided under subsection (f) for— (A) activities eligible under section 133 (b) of title 23, United States Code; and (B) administrative and operating expenses, including the salaries of employees (including employees who have been placed on administrative leave) or contractors, information technology, and availability payments. (2) Special rule The expenses under paragraph (1)(B) are not required to be included in a transportation improvement plan or statewide transportation improvement plan under sections 134 and 135, of title 23 United States Code. (c) Federal share (1) In general Notwithstanding section 120 of title 23, United States Code, the Federal share for funds apportioned for fiscal year 2021 under this Act, at the option of the recipient, shall be up to 100 percent. (2) Non-federal share Funds provided under this section shall be available for any non-Federal share of project costs required under title 23, United States Code, and for the non-Federal share of grants awarded by the Department of Transportation for Better Utilizing Investments Leveraging Development (BUILD) grants. (d) Prevailing rate of wage Notwithstanding any other provision of law, the Secretary of Transportation shall require projects funded under this section to comply with of section 113(a) of title 23, United States Code, with respect to all construction work, in the same manner that a recipient of assistance under chapter 1 of such title is required to comply with such subsection for construction work performed on Federal-aid highway projects. (e) Definitions For purposes of this Act— (1) the term “Secretary” means the Secretary of Transportation; and (2) the term “State ” has the same meaning given such term in section 101(a)(26) of title 23, United States Code. (f) Funding (1) In general Out of any funds in the General Fund of the Treasury not otherwise appropriated, there are appropriated to provide emergency assistance to States under this section, $18,000,000,000 for fiscal year 2021, to remain available through fiscal year 2024. (2) Emergency designation (A) In general The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (B) Emergency requirement The amount made available by this subsection is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. (C) Designation in Senate In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

Summary: Providing Assistance for Vital Enhancements Act or the PAVE Act This bill provides FY2021 supplemental appropriations to the Department of Transportation for providing emergency assistance to states with transportation projects and activities. Funds may be used for certain projects that are otherwise eligible for funding through the Surface Transportation Block Grant program (e.g., construction of highways, bridges, and tunnels and some transit capital projects). Funds may also be used for administrative and operating expenses, including employee salaries. Additionally, the federal share of the funds shall be up to 100% (at the election of the recipient) and shall be available for any nonfederal share of other transportation grants, programs, and projects. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits. Additionally, the amounts provided by the bill are designated as an emergency requirement pursuant to the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule. (This exempts the budget effects from being counted for the purposes of enforcing the PAYGO rules.)