# § 608. Funding
**(a)** **Funding.—**
**(1)** **Spending and borrowing authority.—** Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
**(2)** **Reestimates.—** If the subsidy cost of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
**(3)** **Rural set-aside.—**
**(A)** **In general.—** Of the total amount of funds made available to carry out the TIFIA program for each fiscal year, not more than 10 percent shall be set aside for rural infrastructure projects or rural projects funds.
**(B)** **Reobligation.—** Any amounts set aside under subparagraph (A) that remain unobligated by June 1 of the fiscal year for which the amounts were set aside shall be available for obligation by the Secretary on projects other than rural infrastructure projects or rural projects funds.
**(4)** **Limitation for certain projects.—**
**(A)** **Transit-oriented development projects.—** For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year.
**(B)** **Airport-related projects.—** The Secretary may use to carry out projects described in section 601(a)(12)(G)—
**(i)** for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and
**(ii)** for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021).
**(5)** **Availability.—** Amounts made available to carry out the TIFIA program shall remain available until expended.
**(6)** **Administrative costs.—** Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program.
**(b)** **Contract Authority.—**
**(1)** **In general.—** Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the TIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment.
**(2)** **Availability.—** Amounts made available to carry out the TIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.
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**Source Credit**: (Added and amended Pub. L. 105–178, title I, § 1503(a), (c), June 9, 1998, 112 Stat. 249, § 188; Pub. L. 105–206, title IX, § 9007(a), July 22, 1998, 112 Stat. 849; Pub. L. 108–88, § 5(a)(10), Sept. 30, 2003, 117 Stat. 1115; Pub. L. 108–202, § 5(a)(10), Feb. 29, 2004, 118 Stat. 481; Pub. L. 108–224, § 4(a)(10), Apr. 30, 2004, 118 Stat. 629; Pub. L. 108–263, § 4(a)(10), June 30, 2004, 118 Stat. 700; Pub. L. 108–280, § 4(a)(10), July 30, 2004, 118 Stat. 879; Pub. L. 108–310, § 5(a)(10), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109–14, § 4(a)(10), May 31, 2005, 119 Stat. 327; Pub. L. 109–20, § 4(a)(10), July 1, 2005, 119 Stat. 348; Pub. L. 109–35, § 4(a)(10), July 20, 2005, 119 Stat. 381; Pub. L. 109–37, § 4(a)(10), July 22, 2005, 119 Stat. 396; Pub. L. 109–40, § 4(a)(10), July 28, 2005, 119 Stat. 413; renumbered § 608 and amended Pub. L. 109–59, title I, §§ 1601(g), 1602(b)(5), (d), Aug. 10, 2005, 119 Stat. 1242, 1247; Pub. L. 112–141, div. A, title II, § 2002, July 6, 2012, 126 Stat. 620; Pub. L. 114–94, div. A, title II, § 2001(g), Dec. 4, 2015, 129 Stat. 1444; Pub. L. 117–58, div. A, title II, § 12001(i)(1), Nov. 15, 2021, 135 Stat. 620.)
## Editorial Notes
### References in Text
The Surface Transportation Reauthorization Act of 2021, referred to in subsec. (a)(4)(B)(i), is , , . For complete classification of this Act to the Code, see Short Title of 2021 Amendment note set out under and Tables.
### Amendments
2021—Subsec. (a)(4), (5). , (B), added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6). , (C), redesignated par. (5) as (6), struck it out, and added a new par. (6). Prior to amendment, text read as follows: “Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $6,875,000 for fiscal year 2016, $7,081,000 for fiscal year 2017, $7,559,000 for fiscal year 2018, $8,195,000 for fiscal year 2019, and $8,441,000 for fiscal year 2020 for the administration of the TIFIA program.”
2015—, substituted “the TIFIA program” for “this chapter” wherever appearing.
Subsec. (a)(2). , inserted “of” after “504(f)”.
Subsec. (a)(3)(A), (B). , inserted “or rural projects funds” after “rural infrastructure projects”.
Subsec. (a)(4). , redesignated par. (5) as (4) and struck out former par. (4) which related to redistribution of authorized funding.
Subsec. (a)(5). , added par. (5). Former par. (5) redesignated (4).
Subsec. (a)(6). , struck out par. (6). Text read as follows: “Of the amounts made available to carry out this chapter, the Secretary may use not more than 0.50 percent for each fiscal year for the administration of this chapter.”
2012— amended section generally. Prior to amendment, section related to funding for fiscal years 2005 through 2009 and contract authority.
2005—, renumbered as this section.
, reenacted section catchline without change and amended text generally, substituting provisions relating to funding for fiscal years 2005 through 2009 and contract authority, consisting of subsecs. (a) and (b), for provisions relating to funding for fiscal years 1999 through 2004 and for the period of , through , contract authority, and limitations on credit amounts, consisting of subsecs. (a) to (c).
Subsec. (a)(1). , substituted “this chapter” for “this subchapter”.
Subsec. (a)(1)(G). , added subpar. (G) and struck out former subpar. (G) which read as follows: “$106,849,340 for the period of , through .”
, added subpar. (G) and struck out former subpar. (G) which read as follows: “$105,300,000 for the period of , through .”
, added subpar. (G) and struck out former subpar. (G) which read as follows: “$104,000,000 for the period of , through .”
, added subpar. (G) and struck out former subpar. (G) which read as follows: “$97,500,000 for the period of , through .”
, added subpar. (G) and struck out former subpar. (G) which read as follows: “$86,666,667 for the period of , through .”
Subsec. (a)(2). , substituted “$1,660,000 for the period of , through ” for “$1,643,836 for the period of , through ”.
, substituted “$1,643,836 for the period of , through ” for “$1,620,000 for the period of , through ”.
, substituted “$1,620,000 for the period of , through ” for “$1,600,000 for the period of , through ”.
, substituted “$1,600,000 for the period of , through ” for “$1,500,000 for the period of , through ”.
, substituted “$1,500,000 for the period of , through ” for “$1,333,333 for the period of , through ”.
Subsec. (a)(3). , substituted “administration of this chapter” for “administration of this subchapter”.
Subsec. (b)(1). , substituted “this chapter” for “this subchapter”.
Subsec. (c). , substituted “$2,158,000,000” for “$2,136,986,800” in item relating to fiscal year 2005 in table.
, substituted “$2,136,986,800” for “$2,106,000,000” in item relating to fiscal year 2005 in table.
, substituted “$2,106,000,000” for “$2,080,000,000” in item relating to fiscal year 2005 in table.
, substituted “$2,080,000,000” for “$1,950,000,000” in item relating to fiscal year 2005 in table.
, substituted “$1,950,000,000” for “$1,733,333,333” in item relating to fiscal year 2005 in table.
2004—Subsec. (a)(1)(F). , added subpar. (F) and struck out former subpar. (F) which read as follows: “$116,666,667 for the period of , through .”
, added subpar. (F) and struck out former subpar. (F) which read as follows: “$105,000,000 for the period of , through .”
, added subpar. (F) and struck out former subpar. (F) which read as follows: “$81,666,666 for the period of , through .”
, added subpar. (F) and struck out former subpar. (F) which read as follows: “$58,333,333 for the period of , through .”
Subsec. (a)(1)(G). , added subpar. (G).
Subsec. (a)(2). , inserted “and $1,333,333 for the period of , through ” before period at end.
, struck out “2003 and $1,666,667 for the period of , through July 31,” before “2004.”
, substituted “$1,666,667 for the period of , through ” for “$1,500,000 for the period of , through ”.
, substituted “$1,500,000 for the period of , through ” for “$1,166,667 for the period of , through ”.
, substituted “$1,166,667 for the period of , through ” for “$833,333 for the period of , through ”.
Subsec. (c). , substituted “2005” for “2004” in introductory provisions and inserted item in table relating to fiscal year 2005.
, substituted “$2,600,000,000” for “$2,166,666,667” in item relating to fiscal year 2004 in table.
, substituted “$2,166,666,667” for “$1,950,000,000” in item relating to fiscal year 2004 in table.
, substituted “$1,950,000,000” for “$1,516,666,667” in item relating to fiscal year 2004 in table.
, substituted “$1,516,666,667” for “$1,083,333,333” in item relating to fiscal year 2004 in table.
2003—Subsec. (a)(1)(F). , added subpar. (F).
Subsec. (a)(2). , inserted “and $833,333 for the period of , through ” after “2003”.
Subsec. (c). , substituted “2004” for “2003” and inserted item in table relating to fiscal year 2004.
1998—Subsec. (a)(2). , as added by , substituted “1999” for “1998”.
Subsec. (c). , as added by , substituted “1999” for “1998” in introductory provisions, and substituted table for former table which read as follows:
| “Fiscal year: | Maximum amount of credit: |
| --- | --- |
| 1998 | $1,200,000,000 |
| 1999 | $1,200,000,000 |
| 2000 | $1,800,000,000 |
| 2001 | $1,800,000,000 |
| 2002 | $2,300,000,000 |
| 2003 | $2,300,000,000.” |
## Statutory Notes and Related Subsidiaries
### Effective Date of 2021 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 2015 Amendment
Amendment by effective , see , set out as a note under , Government Organization and Employees.
### Effective Date of 2012 Amendment
Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under .
### Effective Date of 1998 Amendment
Title IX of effective simultaneously with enactment of and to be treated as included in at time of enactment, and provisions of , as in effect on day before , that are amended by title IX of to be treated as not enacted, see , set out as a note under .