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42 U.S.C. § 16378Authorization of appropriations; contract authority

submitted 5 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 239 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress authorized $600 million for the Secretary in 2022 and 2023. It authorized $300 million a year from 2024 through 2026, plus up to $9 million yearly for administration. Signing a loan term sheet creates a binding federal funding obligation.

(a) Authorization of appropriations: Congress may provide the Secretary $600,000,000 for each of fiscal years 2022 and 2023, and $300,000,000 for each of fiscal years 2024 through 2026, to carry out this part. Spending and borrowing authority: Each fiscal year, the Secretary must be promptly given the spending and borrowing authority needed to enter into federal credit instruments. Reestimates: If a federal credit instrument's subsidy amount is later reestimated, the resulting cost increase or decrease is borne by, or benefits, the Treasury's general fund, consistent with section 661c(f) of title 2. Administrative costs: Of the money made available for the CIFIA program, the Secretary may use no more than $9,000,000 per fiscal year to administer the program. That cap is indexed for inflation from November 15, 2021, using the Consumer Price Index. (b) Contract authority: Despite any other law, once the Secretary executes a term sheet for a federal credit instrument using CIFIA funds, that creates a binding contractual obligation for the United States to fund the credit instrument. Availability: Money made available for the CIFIA program in a fiscal year becomes available to obligate starting October 1 of that fiscal year.
the actual law source: uscode.house.gov ↗public domain
(a) Authorization of appropriations
(1) In general

There are authorized to be appropriated to the Secretary 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 shall be promptly apportioned to the Secretary on a fiscal-year basis.

(3) Reestimates

If the subsidy amount 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 661c(f) of title 2.

(4) Administrative costs

Of the amounts made available to carry out the CIFIA program, the Secretary 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.

(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 CIFIA 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 CIFIA program 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.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 109-58 · 135 Stat. 1000

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2021-11-15.

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