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

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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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