II
119THCONGRESS
1
STSESSION S. 1066
To authorize funding for electric vehicle charging infrastructure programs
to be used for other highway projects, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH13, 2025
Ms. L
UMMISintroduced the following bill; which was read twice and referred
to the Committee on Environment and Public Works
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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Highway Funding 4
Flexibility Act of 2025’’. 5
SEC. 2. OPTIMIZING USE OF NATIONAL ELECTRIC VEHICLE 6
INFRASTRUCTURE FORMULA PROGRAM 7
FUNDS. 8
(a) D
EFINITIONS.—In this section: 9
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(1) PROGRAM.—The term ‘‘program’’ means 1
the program under paragraph (2) in the matter 2
under the heading ‘‘
HIGHWAY INFRASTRUCTURE 3
PROGRAMS’’ under the heading ‘‘FEDERALHIGHWAY 4
A
DMINISTRATION’’ under the heading ‘‘DEPART-5
MENT OF TRANSPORTATION’’ in title VIII of 6
division J of the Infrastructure Investment and Jobs 7
Act (Public Law 117–58; 135 Stat. 1421) (com-8
monly known as the ‘‘National Electric Vehicle In-9
frastructure Formula Program’’). 10
(2) S
ECRETARY.—The term ‘‘Secretary’’ means 11
the Secretary of Transportation. 12
(3) S
TATE.—The term ‘‘State’’ has the mean-13
ing given the term in section 101(a) of title 23, 14
United States Code. 15
(b) O
PTIMIZATION OFFUNDS.— 16
(1) I
N GENERAL.—Notwithstanding any other 17
provision of law, any amounts made available under 18
the program that are unobligated as of the date of 19
enactment of this Act— 20
(A) shall be used only for— 21
(i) the construction, reconstruction, 22
resurfacing, restoration, rehabilitation, or 23
preservation of a Federal-aid highway; 24
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(ii) a project to replace, rehabilitate, 1
preserve, or protect 1 or more bridges on 2
the National Bridge Inventory under sec-3
tion 144(b) of title 23, United States 4
Code; 5
(iii) improvements that reduce the 6
number of wildlife-vehicle collisions, such 7
as wildlife crossing structures; 8
(iv) projects to preserve or provide ad-9
ditional parking for commercial motor ve-10
hicles that are eligible under section 1401 11
of MAP–21 (23 U.S.C. 137 note; Public 12
Law 112–141); or 13
(v) preliminary engineering, engineer-14
ing, or design-related services directly re-15
lated to a project described in any of 16
clauses (i) through (iv); and 17
(B) may not be used for the purposes de-18
scribed in paragraph (2) in the matter under 19
the heading ‘‘
HIGHWAY INFRASTRUCTURE PRO -20
GRAMS’’ under the heading ‘‘FEDERALHIGH-21
WAYADMINISTRATION’’ under the heading 22
‘‘DEPARTMENT OF TRANSPORTATION’’ 23
in title VIII of division J of the Infrastructure 24
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Investment and Jobs Act (Public Law 117–58; 1
135 Stat. 1421). 2
(2) F
UTURE FISCAL YEARS .—Notwithstanding 3
any other provision of law, any funds made available 4
for the program for any fiscal year beginning after 5
the date of enactment of this Act shall be distributed 6
to States in accordance with the program on October 7
1 of that fiscal year and used as described in para-8
graph (1). 9
(c) S
ET-ASIDES.— 10
(1) I
N GENERAL.—Notwithstanding any other 11
provision of law, the Secretary shall distribute to 12
States in accordance with paragraph (3)— 13
(A) any unobligated amounts under the 14
program that are set aside for the Joint Office 15
described in the program; and 16
(B) any unobligated amounts under the 17
program that are set aside for grants to States 18
or localities that require additional assistance to 19
strategically deploy electric vehicle charging in-20
frastructure. 21
(2) F
UTURE FISCAL YEARS .—Notwithstanding 22
any other provision of law, any funds described in 23
paragraph (1) that are made available for any fiscal 24
year beginning after the date of enactment of this 25
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Act shall be distributed to States in accordance with 1
paragraph (3) on October 1 of that fiscal year and 2
used as described in paragraph (4). 3
(3) D
ISTRIBUTION.— The amounts distributed 4
under paragraphs (1) and (2) shall be distributed so 5
that each State receives an amount equal to the pro-6
portion that— 7
(A) the amount apportioned to the State 8
for the applicable fiscal year under section 9
104(c) or section 165 of title 23, United States 10
Code; bears to 11
(B) the total amount apportioned to all 12
States for that fiscal year under section 104(c) 13
and section 165 of that title. 14
(4) U
SE OF FUNDS .—Amounts distributed 15
under paragraphs (1) and (2) shall be used as de-16
scribed in subsection (b)(1). 17
(d) T
REATMENT.—The amounts described in sub-18
sections (b) and (c) shall— 19
(1) not be subject to any obligation limitation 20
for Federal-aid highway and highway safety con-21
struction programs; 22
(2) remain available until the date the funds 23
would have remained available under the program; 24
and 25
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(3) be in addition to any other funding appor-1
tioned to States under section 104(c) and section 2
165 of title 23, United States Code. 3
(e) R
EQUIREMENTS.—Amounts described in sub-4
sections (b) and (c) shall be— 5
(1) except as otherwise provided in this section, 6
administered as if apportioned under chapter 1 of 7
title 23, United States Code; 8
(2) subject to the requirements of section 9
11101(e) of the Infrastructure Investment and Jobs 10
Act (23 U.S.C. 101 note; Public Law 117–58); and 11
(3) subject to section 120 of title 23, United 12
States Code. 13
SEC. 3. OPTIMIZING USE OF CHARGING AND FUELING IN-14
FRASTRUCTURE GRANT FUNDS. 15
(a) D
EFINITIONS.—In this section: 16
(1) P
ROGRAM.—The term ‘‘program’’ means 17
the grant program under section 151(f) of title 23, 18
United States Code. 19
(2) S
ECRETARY.—The term ‘‘Secretary’’ means 20
the Secretary of Transportation. 21
(3) S
TATE.—The term ‘‘State’’ has the mean-22
ing given the term in section 101(a) of title 23, 23
United States Code. 24
(b) O
PTIMIZATION OFFUNDS.— 25
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(1) IN GENERAL.—Notwithstanding any other 1
provision of law, the Secretary shall distribute to 2
States in accordance with paragraph (3) any 3
amounts made available to carry out the program 4
that are unobligated as of the date of enactment of 5
this Act. 6
(2) F
UTURE FISCAL YEARS .—Any amounts 7
made available to carry out the program for a fiscal 8
year that begins after the date of enactment of this 9
Act shall be distributed to States in accordance with 10
paragraph (3) on October 1 of that fiscal year. 11
(3) D
ISTRIBUTION.—The amounts distributed 12
under paragraphs (1) and (2) shall be distributed so 13
that each State receives an amount equal to the pro-14
portion that— 15
(A) the amount apportioned to the State 16
for the applicable fiscal year under section 17
104(c) or section 165 of title 23, United States 18
Code; bears to 19
(B) the total amount apportioned to all 20
States for that fiscal year under section 104(c) 21
and section 165 of that title. 22
(4) U
SES OF FUNDS.—Any amounts distributed 23
under paragraphs (1) and (2)— 24
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(A) shall be used only for the purposes de-1
scribed in section 2(b)(1)(A); and 2
(B) may not be used for any purposes de-3
scribed in the program. 4
(c) T
REATMENT.—The amounts described in sub-5
section (b) shall— 6
(1) be subject to any obligation limitation for 7
Federal-aid highway and highway safety construc-8
tion programs; 9
(2) remain available until the date the funds 10
would have remained available under the program; 11
and 12
(3) be in addition to any other funding appor-13
tioned to States under section 104(c) or section 165 14
of title 23, United States Code. 15
(d) R
EQUIREMENTS.—Amounts described in sub-16
section (b) shall be— 17
(1) except as otherwise provided in this section, 18
administered as if apportioned under chapter 1 of 19
title 23, United States Code; 20
(2) subject to the requirements of section 21
11101(e) of the Infrastructure Investment and Jobs 22
Act (23 U.S.C. 101 note; Public Law 117–58); and 23
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(3) subject to section 120 of title 23, United 1
States Code. 2
Æ
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