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.