,i #aaith ,,congress #ast ,session ,h4 ,r4 #cigb ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjbe,mr4 ,johnson of ,south ,dakota 7for himself1 ,mr4 ,shreve1 and ,mr4 ,hurd of ,colorado7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,highway ,funding ,flexibility ,act of #bjbe4 #b4 ,optimizing use of ,national ,electric ,vehicle ,infrastructure ,formula program funds 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the program under paragraph 7#b7 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 7,public ,law #aag-eh2 #ace ,stat4 #adba7 7commonly known as the ,national ,electric ,vehicle ,infrastructure ,formula ,program74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#c7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7b7 ,optimization of funds 7#a7 ,in general ,notwithstanding any other provision of law1 any amounts made available under the program that are unobligated as of the date of enactment of this ,act-- 7,a7 shall be used only for-- 7i7 the construction1 reconstruction1 resurfacing1 restoration1 rehabilitation1 or preservation of a ,federal-aid highway2 7ii7 a project to replace1 rehabilitate1 preserve1 or protect #a or more bridges on the ,national ,bridge ,inventory under section #add7;b7 of title #bc1 ,united ,states ,code2 7iii7 improvements that reduce the number of wildlife-vehicle collisions1 such as wildlife crossing structures2 7iv7 projects to preserve or provide additional parking for commercial motor vehicles that are eligible under section #adja of ,,map-#ba 7#bc ,u4,s4,c4 #acg note2 ,public ,law #aab-ada72 or 7v7 preliminary engineering1 engineering1 or design-related services directly related to a project described in any of clauses 7i7 through 7iv72 and 7,b7 may not be used for the purposes described in paragraph 7#b7 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 7,public ,law #aag-eh2 #ace ,stat4 #adba74 7#b7 ,future fiscal years ,notwithstanding any other provision of law1 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 #a of that fiscal year and used as described in paragraph 7#a74 7c7 ,set-,asides 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall distribute to ,states in accordance with paragraph 7#c7-- 7,a7 any unobligated amounts under the program that are set aside for the ,joint ,office described in the program2 and 7,b7 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 infrastructure4 7#b7 ,future fiscal years ,notwithstanding any other provision of law1 any funds described in paragraph 7#a7 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 7#c7 on ,october #a of that fiscal year and used as described in paragraph 7#d74 7#c7 ,distribution ,the amounts distributed under paragraphs 7#a7 and 7#b7 shall be distributed so that each ,state receives an amount equal to the proportion that-- 7,a7 the amount apportioned to the ,state for the applicable fiscal year under section #ajd7;c7 or section #afe of title #bc1 ,united ,states ,code2 bears to 7,b7 the total amount apportioned to all ,states for that fiscal year under section #ajd7;c7 and section #afe of that title4 7#d7 ,use of funds ,amounts distributed under paragraphs 7#a7 and 7#b7 shall be used as described in subsection 7b77#a74 7d7 ,treatment ,the amounts described in subsections 7b7 and 7c7 shall-- 7#a7 not be subject to any obligation limitation for ,federal-aid highway and highway safety construction programs2 7#b7 remain available until the date the funds would have remained available under the program2 and 7#c7 be in addition to any other funding apportioned to ,states under section #ajd7;c7 and section #afe of title #bc1 ,united ,states ,code4 7e7 ,requirements ,amounts described in subsections 7b7 and 7c7 shall be-- 7#a7 except as otherwise provided in this section1 administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code2 7#b7 subject to the requirements of section #aaaja7;e7 of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh72 and 7#c7 subject to section #abj of title #bc1 ,united ,states ,code4 #c4 ,optimizing use of charging and fueling infrastructure grant funds 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the grant program under section #aea7;f7 of title #bc1 ,united ,states ,code4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#c7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7b7 ,optimization of funds 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall distribute to ,states in accordance with paragraph 7#c7 any amounts made available to carry out the program that are unobligated as of the date of enactment of this ,act4 7#b7 ,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 7#c7 on ,october #a of that fiscal year4 7#c7 ,distribution ,the amounts distributed under paragraphs 7#a7 and 7#b7 shall be distributed so that each ,state receives an amount equal to the proportion that-- 7,a7 the amount apportioned to the ,state for the applicable fiscal year under section #ajd7;c7 or section #afe of title #bc1 ,united ,states ,code2 bears to 7,b7 the total amount apportioned to all ,states for that fiscal year under section #ajd7;c7 and section #afe of that title4 7#d7 ,uses of funds ,any amounts distributed under paragraphs 7#a7 and 7#b7-- 7,a7 shall be used only for the purposes described in section #b7;b77#a77;,a72 and 7,b7 may not be used for any purposes described in the program4 7c7 ,treatment ,the amounts described in subsection 7b7 shall-- 7#a7 be subject to any obligation limitation for ,federal-aid highway and highway safety construction programs2 7#b7 remain available until the date the funds would have remained available under the program2 and 7#c7 be in addition to any other funding apportioned to ,states under section #ajd7;c7 or section #afe of title #bc1 ,united ,states ,code4 7d7 ,requirements ,amounts described in subsection 7b7 shall be-- 7#a7 except as otherwise provided in this section1 administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code2 7#b7 subject to the requirements of section #aaaja7;e7 of the ,infrastructure ,investment and ,jobs ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aag-eh72 and 7#c7 subject to section #abj of title #bc1 ,united ,states ,code4