PAVE Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Providing Assistance 4 for Vital Enhancements Act’’ or the ‘‘PAVE Act’’. 5 VerDate Sep 11 2014 23:09 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3201.IH H3201 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3201 IH SEC. 2. ASSISTANCE TO STATE TRANSPORTATION DEPART- 1 MENTS. 2 (a) FORMULA GRANT PROGRAM.—Funds made avail- 3 able under this section shall be— 4 (1) available for obligation in the same manner 5 as if such funds were apportioned under chapter 1 6 of title 23, United States Code; 7 (2) apportioned not later than 30 days after the 8 date of enactment of this Act; and 9 (3) distributed to States in the same ratio as 10 the obligation limitation for fiscal year 2020 was 11 distributed among the States in accordance with the 12 formula specified in subparagraphs (A) and (B) of 13 section 120(a)(5) of division H of Public Law 116- 14 94. 15 (b) ELIGIBLE USES OF FUNDS.— 16 (1) IN GENERAL.—A State may use the funds 17 provided under subsection (f) for— 18 (A) activities eligible under section 133 (b) 19 of title 23, United States Code; and 20 (B) administrative and operating expenses, 21 including the salaries of employees (including 22 employees who have been placed on administra- 23 tive leave) or contractors, information tech- 24 nology, and availability payments. 25 VerDate Sep 11 2014 23:09 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3201.IH H3201 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3201 IH (2) SPECIAL RULE.—The expenses under para- 1 graph (1)(B) are not required to be included in a 2 transportation improvement plan or statewide trans- 3 portation improvement plan under sections 134 and 4 135, of title 23 United States Code. 5 (c) FEDERAL SHARE.— 6 (1) IN GENERAL.—Notwithstanding section 120 7 of title 23, United States Code, the Federal share 8 for funds apportioned for fiscal year 2021 under this 9 Act, at the option of the recipient, shall be up to 10 100 percent. 11 (2) NON-FEDERAL SHARE.—Funds provided 12 under this section shall be available for any non- 13 Federal share of project costs required under title 14 23, United States Code, and for the non-Federal 15 share of grants awarded by the Department of 16 Transportation for Better Utilizing Investments 17 Leveraging Development (BUILD) grants. 18 (d) PREVAILING RATE OF WAGE.—Notwithstanding 19 any other provision of law, the Secretary of Transpor- 20 tation shall require projects funded under this section to 21 comply with of section 113(a) of title 23, United States 22 Code, with respect to all construction work, in the same 23 manner that a recipient of assistance under chapter 1 of 24 such title is required to comply with such subsection for 25 VerDate Sep 11 2014 23:09 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3201.IH H3201 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3201 IH construction work performed on Federal-aid highway 1 projects. 2 (e) DEFINITIONS.—For purposes of this Act— 3 (1) the term ‘‘Secretary’’ means the Secretary 4 of Transportation; and 5 (2) the term ‘‘State’’ has the same meaning 6 given such term in section 101(a)(26) of title 23, 7 United States Code. 8 (f) FUNDING.— 9 (1) IN GENERAL.—Out of any funds in the 10 General Fund of the Treasury not otherwise appro- 11 priated, there are appropriated to provide emergency 12 assistance to States under this section, 13 $18,000,000,000 for fiscal year 2021, to remain 14 available through fiscal year 2024. 15 (2) EMERGENCY DESIGNATION.— 16 (A) IN GENERAL.—The amounts provided 17 by this section are designated as an emergency 18 requirement pursuant to section 4(g) of the 19 Statutory Pay-As-You-Go Act of 2010 (2 20 U.S.C. 933(g)). 21 (B) EMERGENCY REQUIREMENT.—The 22 amount made available by this subsection is 23 designated by the Congress as being for an 24 emergency requirement pursuant to section 25 VerDate Sep 11 2014 23:09 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3201.IH H3201 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3201 IH 251(b)(2)(A)(i) of the Balanced Budget and 1 Emergency Deficit Control Act of 1985 and 2 shall be available only if the President subse- 3 quently so designates all such amounts and 4 transmits such designations to the Congress. 5 (C) DESIGNATION IN SENATE.—In the 6 Senate, this section is designated as an emer- 7 gency requirement pursuant to section 4112(a) 8 of H. Con. Res. 71 (115th Congress), the con- 9 current resolution on the budget for fiscal year 10 2018. 11 Æ VerDate Sep 11 2014 23:09 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3201.IH H3201 pamtmann on DSKBC07HB2PROD with BILLS