PAVE Act
Bill: H.R.3201 | Sponsor: Rep. Lamb, Conor (D-PA)
Policy area: Transportation and Public Works

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.)

To provide funds to State transportation departments for surface 
                        transportation projects.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 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 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 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.
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