StacksVerified U.S. federal law reference

23 U.S.C. § 608 — Funding

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
  1. (a)Funding
    1. (1)Spending and borrowing authoritySpending 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. (2)ReestimatesIf 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. (3)Rural set-aside
      1. (A)In generalOf 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.
      2. (B)ReobligationAny 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. (4)Limitation for certain projects
      1. (A)Transit-oriented development projectsFor 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.
      2. (B)Airport-related projectsThe Secretary may use to carry out projects described in section 601(a)(12)(G)—
        1. (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
        2. (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. (5)AvailabilityAmounts made available to carry out the TIFIA program shall remain available until expended.
    6. (6)Administrative costsOf 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.
  2. (b)Contract Authority
    1. (1)In generalNotwithstanding 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. (2)AvailabilityAmounts made available to carry out the TIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.