Highway Funding Flexibility Act of 2025
- Bill Number
- H.R. 3972
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-06-13: Referred to the Subcommittee on Highways and Transit.
- Last Updated
- 2026-06-16T13:18:25Z
AI-Generated Summary
Purpose of the Legislation
The Highway Funding Flexibility Act of 2025 (H.R. 3972) aims to redirect unobligated and future funds from two federal programs originally dedicated to electric vehicle (EV) charging infrastructure. Instead of using these funds solely for EV chargers, the bill allows states to apply them to a wider range of highway improvement projects, promoting flexibility in addressing broader transportation needs.
Key Provisions
- Redirection of National Electric Vehicle Infrastructure (NEVI) Formula Program Funds (Section 2):
- Unobligated funds as of the bill's enactment, plus all future funds allocated after enactment, cannot be used for EV charging stations.
- These funds must instead support:
- Construction, repair, resurfacing, or preservation of federal-aid highways (major roads funded by the federal government).
- Bridge replacement, rehabilitation, or protection on the National Bridge Inventory (a federal list of bridges needing attention).
- Projects to reduce wildlife-vehicle collisions, such as building animal crossing structures (e.g., overpasses or underpasses for wildlife).
- Additional parking for commercial trucks (e.g., semi-trucks), as allowed under prior laws.
- Planning, engineering, or design work directly tied to the above projects.
- Set-aside funds (portions reserved for a federal Joint Office or grants to states/localities needing extra EV help) are redistributed to all states based on their share of overall federal highway funding.
- Funds are treated as additional highway money, available until their original expiration date, and not limited by federal spending caps on highway projects.
- Redirection of Charging and Fueling Infrastructure Grant Program Funds (Section 3):
- Unobligated funds as of enactment, plus future grants, are distributed to states proportionally based on their federal highway funding share.
- These funds cannot be used for EV or alternative fueling stations but must go toward the same highway, bridge, wildlife, truck parking, and related planning projects as in Section 2.
- Funds are subject to federal spending limits on highway programs but remain available until their original expiration and are added to existing state highway budgets.
- General Requirements for Both Sections:
- Funds are managed like regular federal highway money under U.S. transportation laws (Title 23 of the U.S. Code), with rules on how states can use federal dollars (e.g., cost-sharing requirements) and buy America provisions (prioritizing U.S.-made materials).
Significant Changes to Existing Law
- This bill overrides parts of the Infrastructure Investment and Jobs Act (2021), which created the NEVI Formula Program and Charging and Fueling Infrastructure Grants specifically for building EV charging networks along highways.
- It shifts these programs' focus entirely away from EV infrastructure, using "notwithstanding any other provision of law" language to bypass original restrictions.
- Future funds (starting fiscal year after enactment) are automatically reapportioned annually on October 1, ensuring ongoing redirection without needing new approvals.
- Unlike the original programs, which emphasized EV deployment, the bill integrates these funds into general highway formulas under Sections 104(c) and 165 of Title 23, U.S. Code (standard methods for dividing federal road money among states based on factors like population and road mileage).
Potential Impacts
- On Government Agencies: The U.S. Department of Transportation (DOT) and state transportation departments gain more flexibility to prioritize urgent road repairs over EV-specific projects, potentially speeding up highway maintenance. However, it reduces dedicated funding for the federal Joint Office of Energy and Transportation, which coordinates EV efforts.
- On Citizens: Drivers and communities may benefit from safer, better-maintained highways, fewer bridge hazards, reduced animal-related crashes, and more truck parking to ease traffic congestion. Rural or highway-dependent areas could see quicker improvements, but EV owners might face slower rollout of charging stations, slowing the shift to electric vehicles.
- On International Relations: No direct impacts, as the bill focuses on domestic highway funding and does not involve foreign policy or trade.
Main Stakeholders Affected
- States and Local Governments: Primary beneficiaries, receiving redistributed funds to address diverse highway needs without EV mandates.
- U.S. Department of Transportation (DOT): Must administer the changes, including reapportioning funds and ensuring compliance with highway rules.
- Highway Users (Drivers, Truckers, Commuters): Gain from improved infrastructure like safer roads and more parking.
- Environmental and EV Advocates: Potentially negatively affected, as less funding goes to green transportation goals.
- Construction and Engineering Firms: Could see more opportunities for general highway projects over specialized EV work.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill uses strong overriding language to amend the 2021 Infrastructure Act without repealing it outright, which could lead to future legal challenges if seen as undermining congressional intent for EV investment. It maintains existing federal oversight (e.g., audits and reporting) to ensure funds are used properly.
- Constitutional: Aligns with Congress's spending power under Article I, allowing redirection of federal funds for public infrastructure. No apparent conflicts with equal protection or state rights, as distributions are formula-based and equitable.
- Political: Represents a pivot from climate-focused initiatives (like EV promotion) toward traditional infrastructure priorities, potentially appealing to lawmakers favoring fiscal flexibility but drawing criticism from those emphasizing clean energy transitions. As an introduced bill (not yet passed), it reflects bipartisan sponsorship but may spark debates on environmental policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Johnson, Dusty [R-SD-At Large]
Cosponsors (2)
Rep. Shreve, Jefferson [R-IN-6], Rep. Hurd, Jeff [R-CO-3]
Recent Actions
- 2025-06-13: Referred to the Subcommittee on Highways and Transit.
- 2025-06-12: 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.
- 2025-06-12: 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.
- 2025-06-12: Introduced in House
- 2025-06-12: Introduced in House
Bill Versions
- Highway Funding Flexibility Act of 2025 — issued 2025-06-12 — PDF (9 pages)