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 fol-
lowing 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 com-
mittee concerned 
A BILL 
To provide funds to State transportation departments for 
surface transportation projects. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Providing Assistance 
for Vital Enhancements Act’’ or the ‘‘PAVE Act’’. 
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SEC. 2. ASSISTANCE TO STATE TRANSPORTATION DEPART-
MENTS. 
(a) FORMULA GRANT PROGRAM.—Funds made avail-
able under this section shall be— 
(1) available for obligation in the same manner 
as if such funds were apportioned under chapter 1 
of title 23, United States Code; 
(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 administra-
tive leave) or contractors, information tech-
nology, and availability payments. 
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(2) SPECIAL RULE.—The expenses under para-
graph (1)(B) are not required to be included in a 
transportation improvement plan or statewide trans-
portation 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 Transpor-
tation 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 
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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 appro-
priated, 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 
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251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 and 
shall be available only if the President subse-
quently 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 emer-
gency requirement pursuant to section 4112(a) 
of H. Con. Res. 71 (115th Congress), the con-
current resolution on the budget for fiscal year 
2018. 
Æ 
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