---
kind: "section"
citation: "42 U.S.C. § 16378"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16378"
heading: "Authorization of appropriations; contract authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16378"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part J — Carbon Dioxide Transportation Infrastructure Finance and Innovation"
---

# §16378. Authorization of appropriations; contract authority

- (a) **Authorization of appropriations—**
  - (1) **In general—** There are authorized to be appropriated to the [Secretary](/usc/42/15801.md?p=4) to carry out this part—
    - (A) $600,000,000 for each of fiscal years 2022 and 2023; and
    - (B) $300,000,000 for each of fiscal years 2024 through 2026.
  - (2) **Spending and borrowing authority—** Spending and borrowing authority for a fiscal year to enter into [Federal credit instruments](/usc/42/16371.md?p=5) shall be promptly apportioned to the [Secretary](/usc/42/15801.md?p=4) on a fiscal-year basis.
  - (3) **Reestimates—** If the [subsidy amount](/usc/42/16371.md?p=15) of a [Federal credit instrument](/usc/42/16371.md?p=5) 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 661c(f) of title 2](/usc/2/661c.md?p=f).
  - (4) **Administrative costs—** Of the amounts made available to carry out the [CIFIA program](/usc/42/16371.md?p=1), the [Secretary](/usc/42/15801.md?p=4) may use not more than $9,000,000 (as indexed for United States dollar inflation from November 15, 2021 (as measured by the Consumer Price Index)) each fiscal year for the administration of the [CIFIA program](/usc/42/16371.md?p=1).
- (b) **Contract authority—**
  - (1) **In general—** Notwithstanding any other provision of law, execution of a term sheet by the [Secretary](/usc/42/15801.md?p=4) of a [Federal credit instrument](/usc/42/16371.md?p=5) that uses amounts made available under the [CIFIA program](/usc/42/16371.md?p=1) shall impose on the United States a contractual obligation to fund the Federal credit investment.
  - (2) **Availability—** Amounts made available to carry out the [CIFIA program](/usc/42/16371.md?p=1) for a fiscal year shall be available for obligation on October 1 of the fiscal year.

## Source credit

(Pub. L. 109–58, title IX, § 999H, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 1000.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 16378, Pub. L. 109–58, title IX, § 999H, Aug. 8, 2005, 119 Stat. 924; Pub. L. 113–287, § 5(k)(6), Dec. 19, 2014, 128 Stat. 3270, related to the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund, prior to repeal by Pub. L. 113–67, div. A, title III, § 301(a), Dec. 26, 2013, 127 Stat. 1181.

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.