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[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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Highways and Transit.
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