119-hr3972

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3972 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3972

 To authorize funding for electric vehicle charging infrastructure 
programs to be used for other highway projects, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 12, 2025

 Mr. Johnson of South Dakota (for himself, Mr. Shreve, and Mr. Hurd of 
 Colorado) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Energy and Commerce, 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 authorize funding for electric vehicle charging infrastructure 
programs to be used for other highway projects, and for other purposes.

 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 ``Highway Funding Flexibility Act of 
2025''.

SEC. 2. OPTIMIZING USE OF NATIONAL ELECTRIC VEHICLE INFRASTRUCTURE 
 FORMULA PROGRAM FUNDS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Program.--The term ``program'' means the program under 
 paragraph

    (2) in the matter under the heading ``highway 
 infrastructure programs'' under the heading ``Federal Highway 
 Administration'' under the heading ``DEPARTMENT OF 
 TRANSPORTATION'' in title VIII of division J of the 
 Infrastructure Investment and Jobs Act (Public Law 117-58; 135 
 Stat. 1421) (commonly known as the ``National Electric Vehicle 
 Infrastructure Formula Program'').

    (2) Secretary.--The term ``Secretary'' means the Secretary 
 of Transportation.

    (3) State.--The term ``State'' has the meaning given the 
 term in 

section 101

    (a) of title 23, United States Code.

    (b) Optimization of Funds.--

    (1) In general.--Notwithstanding any other provision of 
 law, any amounts made available under the program that are 
 unobligated as of the date of enactment of this Act--
        (A) shall be used only for--
            (i) the construction, reconstruction, 
 resurfacing, restoration, rehabilitation, or 
 preservation of a Federal-aid highway;
            (ii) a project to replace, rehabilitate, 
 preserve, or protect 1 or more bridges on the 
 National Bridge Inventory under 

section 144

    (b) of title 23, United States Code;
            (iii) improvements that reduce the number 
 of wildlife-vehicle collisions, such as 
 wildlife crossing structures;
            (iv) projects to preserve or provide 
 additional parking for commercial motor 
 vehicles that are eligible under 

section 1401 
 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
 141); or
            (v) preliminary engineering, engineering, 
 or design-related services directly related to 
 a project described in any of clauses
            (i) through
            (iv) ; and
        (B) may not be used for the purposes described in 
 paragraph

    (2) in the matter under the heading ``highway 
 infrastructure programs'' under the heading ``Federal 
 Highway Administration'' under the heading ``DEPARTMENT 
 OF TRANSPORTATION'' in title VIII of division J of the 
 Infrastructure Investment and Jobs Act (Public Law 117-
 58; 135 Stat. 1421).

    (2) Future fiscal years.--Notwithstanding any other 
 provision of law, any funds made available for the program for 
 any fiscal year beginning after the date of enactment of this 
 Act shall be distributed to States in accordance with the 
 program on October 1 of that fiscal year and used as described 
 in paragraph

    (1) .
            (c) Set-Asides.--

    (1) In general.--Notwithstanding any other provision of 
 law, the Secretary shall distribute to States in accordance 
 with paragraph

    (3) --
        (A) any unobligated amounts under the program that 
 are set aside for the Joint Office described in the 
 program; and
        (B) any unobligated amounts under the program that 
 are set aside for grants to States or localities that 
 require additional assistance to strategically deploy 
 electric vehicle charging infrastructure.

    (2) Future fiscal years.--Notwithstanding any other 
 provision of law, any funds described in paragraph

    (1) that are 
 made available for any fiscal year beginning after the date of 
 enactment of this Act shall be distributed to States in 
 accordance with paragraph

    (3) on October 1 of that fiscal year 
 and used as described in paragraph

    (4) .

    (3) Distribution.--The amounts distributed under paragraphs

    (1) and

    (2) shall be distributed so that each State receives an 
 amount equal to the proportion that--
        (A) the amount apportioned to the State for the 
 applicable fiscal year under 

section 104
            (c) or 

section 165 of title 23, United States Code; bears to
        (B) the total amount apportioned to all States for 
 that fiscal year under 

section 104
            (c) and 

section 165 
 of that title.

    (4) Use of funds.--Amounts distributed under paragraphs

    (1) and

    (2) shall be used as described in subsection

    (b)

    (1) .
            (d) Treatment.--The amounts described in subsections

    (b) and
            (c) shall--

    (1) not be subject to any obligation limitation for 
 Federal-aid highway and highway safety construction programs;

    (2) remain available until the date the funds would have 
 remained available under the program; and

    (3) be in addition to any other funding apportioned to 
 States under 

section 104
            (c) and 

section 165 of title 23, United 
 States Code.

    (e) Requirements.--Amounts described in subsections

    (b) and
            (c) shall be--

    (1) except as otherwise provided in this section, 
 administered as if apportioned under chapter 1 of title 23, 
 United States Code;

    (2) subject to the requirements of 

section 11101

    (e) of the 
 Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; 
 Public Law 117-58); and

    (3) subject to 

section 120 of title 23, United States Code.

SEC. 3. OPTIMIZING USE OF CHARGING AND FUELING INFRASTRUCTURE GRANT 
 FUNDS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Program.--The term ``program'' means the grant program 
 under 

section 151

    (f) of title 23, United States Code.

    (2) Secretary.--The term ``Secretary'' means the Secretary 
 of Transportation.

    (3) State.--The term ``State'' has the meaning given the 
 term in 

section 101

    (a) of title 23, United States Code.

    (b) Optimization of Funds.--

    (1) In general.--Notwithstanding any other provision of 
 law, the Secretary shall distribute to States in accordance 
 with paragraph

    (3) any amounts made available to carry out the 
 program that are unobligated as of the date of enactment of 
 this Act.

    (2) Future fiscal years.--Any amounts made available to 
 carry out the program for a fiscal year that begins after the 
 date of enactment of this Act shall be distributed to States in 
 accordance with paragraph

    (3) on October 1 of that fiscal year.

    (3) Distribution.--The amounts distributed under paragraphs

    (1) and

    (2) shall be distributed so that each State receives an 
 amount equal to the proportion that--
        (A) the amount apportioned to the State for the 
 applicable fiscal year under 

section 104
            (c) or 

section 165 of title 23, United States Code; bears to
        (B) the total amount apportioned to all States for 
 that fiscal year under 

section 104
            (c) and 

section 165 
 of that title.

    (4) Uses of funds.--Any amounts distributed under 
 paragraphs

    (1) and

    (2) --
        (A) shall be used only for the purposes described 
 in 

section 2

    (b)

    (1)
        (A) ; and
        (B) may not be used for any purposes described in 
 the program.
            (c) Treatment.--The amounts described in subsection

    (b) shall--

    (1) be subject to any obligation limitation for Federal-aid 
 highway and highway safety construction programs;

    (2) remain available until the date the funds would have 
 remained available under the program; and

    (3) be in addition to any other funding apportioned to 
 States under 

section 104
            (c) or 

section 165 of title 23, United 
 States Code.
            (d) Requirements.--Amounts described in subsection

    (b) shall be--

    (1) except as otherwise provided in this section, 
 administered as if apportioned under chapter 1 of title 23, 
 United States Code;

    (2) subject to the requirements of 

section 11101

    (e) of the 
 Infrastructure Investment and Jobs Act (23 U.S.C. 101 note; 
 Public Law 117-58); and

    (3) subject to 

section 120 of title 23, United States Code.
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