I 
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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined 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 infrastruc-
ture programs to be used for other highway projects, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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(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 sec-
tion 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 ad-
ditional parking for commercial motor ve-
hicles that are eligible under section 1401 
of MAP–21 (23 U.S.C. 137 note; Public 
Law 112–141); or 
(v) preliminary engineering, engineer-
ing, or design-related services directly re-
lated to a project described in any of 
clauses (i) through (iv); and 
(B) may not be used for the purposes de-
scribed in paragraph (2) in the matter under 
the heading ‘‘HIGHWAY INFRASTRUCTURE PRO-
GRAMS’’ under the heading ‘‘FEDERAL HIGH-
WAY
ADMINISTRATION’’ under the heading 
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‘‘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 para-
graph (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 in-
frastructure. 
(2) FUTURE FISCAL YEARS.—Notwithstanding 
any other provision of law, any funds described in 
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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 pro-
portion 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 de-
scribed in subsection (b)(1). 
(d) TREATMENT.—The amounts described in sub-
sections (b) and (c) shall— 
(1) not be subject to any obligation limitation 
for Federal-aid highway and highway safety con-
struction programs; 
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(2) remain available until the date the funds 
would have remained available under the program; 
and 
(3) be in addition to any other funding appor-
tioned to States under section 104(c) and section 
165 of title 23, United States Code. 
(e) REQUIREMENTS.—Amounts described in sub-
sections (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 IN-
FRASTRUCTURE 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. 
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(3) STATE.—The term ‘‘State’’ has the mean-
ing 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 pro-
portion 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 
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(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 de-
scribed in section 2(b)(1)(A); and 
(B) may not be used for any purposes de-
scribed in the program. 
(c) TREATMENT.—The amounts described in sub-
section (b) shall— 
(1) be subject to any obligation limitation for 
Federal-aid highway and highway safety construc-
tion 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 appor-
tioned to States under section 104(c) or section 165 
of title 23, United States Code. 
(d) REQUIREMENTS.—Amounts described in sub-
section (b) shall be— 
(1) except as otherwise provided in this section, 
administered as if apportioned under chapter 1 of 
title 23, United States Code; 
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(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. 
Æ 
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