II 

118TH CONGRESS 

2D SESSION S. 5235 

To provide additional contract authority to State departments of transportation to carry out surface transportation projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mrs. CAPITO (for herself and Mr. CARPER) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To provide additional contract authority to State departments of transportation to carry out surface transportation projects, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fiscally Responsible 

5 Highway Funding Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Transportation. 


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1 (2) STATE.—The term ‘‘State’’ means any of 

2 the 50 States and the District of Columbia. 

3 (3) TIFIA PROGRAM.—The term ‘‘TIFIA pro4 gram’’ means the program for credit assistance 

5 under chapter 6 of title 23, United States Code. 

6 SEC. 3. REDISTRIBUTION OF PRIOR TIFIA FUNDING. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the Secretary shall distribute the amount of 

9 contract authority described in subsection (b)(1) to States 

10 in accordance with this section. 

11 (b) FUNDING.— 

12 (1) AMOUNT DESCRIBED.—Subject to para13 graph (2), the amount of contract authority referred 

14 to in subsection (a) is $1,800,000,000, which shall 

15 be derived from the unobligated amounts of contract 

16 authority made available for credit assistance 

17 under— 

18 (A) the transportation infrastructure fi19 nance and innovation program under sub20 chapter II of chapter 1 of title 23, United 

21 States Code (as in effect before the date of en22 actment of SAFETEA–LU (Public Law 109– 

23 59; 119 Stat. 1144)); and 

24 (B) the TIFIA program. 


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1 (2) TREATMENT.—The amount distributed 

2 under subsection (a) shall— 

3 (A) be subject to the obligation limitation 

4 for Federal-aid highway and highway safety 

5 construction programs; 

6 (B) remain available until September 30, 

7 2028; and 

8 (C) be in addition to any other funding ap9 portioned to States under section 104(b) of title 

10 23, United States Code. 

11 (c) DISTRIBUTION.—The amount distributed under 

12 subsection (a) shall be distributed so that each State re13 ceives an amount equal to the proportion that— 

14 (1) the amount apportioned to the State for fis15 cal year 2025 under subsection (b) of section 104 of 

16 title 23, United States Code; bears to 

17 (2) the total amount apportioned to all States 

18 for fiscal year 2025 under that subsection. 

19 (d) REQUIREMENTS.—Amounts distributed to States 

20 under subsection (a) shall be— 

21 (1) except as otherwise provided in this section, 

22 administered as if apportioned under chapter 1 of 

23 title 23, United States Code; 

24 (2) available for any purpose described in sec25 tion 133(b) of that title; 


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1 (3) suballocated in the same manner described 

2 in section 133(d) of that title; and 

3 (4) subject to the requirements of section 

4 11101(e) of the Infrastructure Investment and Jobs 

5 Act (23 U.S.C. 101 note; Public Law 117–58). 

6 (e) EFFECTIVE DATE.—This section shall take effect 

7 as if enacted on October 1, 2024. 

8 SEC. 4. REDISTRIBUTION OF FISCAL YEAR 2025 TIFIA FUND9 ING. 

10 (a) DETERMINATION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law and subject to paragraph (2), on 

13 April 1, 2025, the Secretary shall— 

14 (A) determine the amount of contract au15 thority made available for credit assistance 

16 under the TIFIA program for fiscal year 2025 

17 pursuant to section 11101(a)(2) of the Infra18 structure Investment and Jobs Act (Public Law 

19 117–58; 135 Stat. 443) that is estimated to re20 main unobligated in that fiscal year; and 

21 (B) distribute to States, in accordance 

22 with this section, 75 percent of the amount of 

23 contract authority determined under subpara24 graph (A). 


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1 (2) TREATMENT.—The amounts distributed 

2 under paragraph (1)(B) shall— 

3 (A) be subject to the obligation limitation 

4 for Federal-aid highway and highway safety 

5 construction programs; 

6 (B) remain available until September 30, 

7 2028; and 

8 (C) be in addition to any other funding ap9 portioned to States under section 104(b) of title 

10 23, United States Code. 

11 (b) DISTRIBUTION.—The amount distributed under 

12 subsection (a)(1)(B) shall be distributed so that each 

13 State receives an amount equal to the proportion that— 

14 (1) the amount apportioned to the State for fis15 cal year 2025 under subsection (b) of section 104 of 

16 title 23, United States Code; bears to 

17 (2) the total amount apportioned to all States 

18 for fiscal year 2025 under that subsection. 

19 (c) REQUIREMENTS.—Amounts distributed to States 

20 under subsection (a)(1)(B) shall be— 

21 (1) except as otherwise provided in this section, 

22 administered as if apportioned under chapter 1 of 

23 title 23, United States Code; 

24 (2) available for any purpose described in sec25 tion 133(b) of that title; 


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1 (3) suballocated in the same manner described 

2 in section 133(d) of that title; and 

3 (4) subject to the requirements of section 

4 11101(e) of the Infrastructure Investment and Jobs 

5 Act (23 U.S.C. 101 note; Public Law 117–58). 

6 SEC. 5. REDISTRIBUTION OF FISCAL YEAR 2026 TIFIA FUND7 ING. 

8 (a) DETERMINATION.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law and subject to paragraph (2), on 

11 April 1, 2026, the Secretary shall— 

12 (A) determine the amount of contract au13 thority made available for credit assistance 

14 under the TIFIA program for fiscal year 2026 

15 pursuant to section 11101(a)(2) of the Infra16 structure Investment and Jobs Act (Public Law 

17 117–58; 135 Stat. 443) that is estimated to re18 main unobligated in that fiscal year; and 

19 (B) distribute to States, in accordance 

20 with this section, 75 percent of the amount of 

21 contract authority determined under subpara22 graph (A). 

23 (2) TREATMENT.—The amounts distributed 

24 under paragraph (1)(B) shall— 


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1 (A) be subject to the obligation limitation 

2 for Federal-aid highway and highway safety 

3 construction programs; 

4 (B) remain available until September 30, 

5 2029; and 

6 (C) be in addition to any other funding ap7 portioned to States under section 104(b) of title 

8 23, United States Code. 

9 (b) DISTRIBUTION.—The amount distributed under 

10 subsection (a)(1)(B) shall be distributed so that each 

11 State receives an amount equal to the proportion that— 

12 (1) the amount apportioned to the State for fis13 cal year 2026 under subsection (b) of section 104 of 

14 title 23, United States Code; bears to 

15 (2) the total amount apportioned to all States 

16 for fiscal year 2026 under that subsection. 

17 (c) REQUIREMENTS.—Amounts distributed to States 

18 under subsection (a)(1)(B) shall be— 

19 (1) except as otherwise provided in this section, 

20 administered as if apportioned under chapter 1 of 

21 title 23, United States Code; 

22 (2) available for any purpose described in sec23 tion 133(b) of that title; 

24 (3) suballocated in the same manner described 

25 in section 133(d) of that title; and 


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1 (4) subject to the requirements of section 

2 11101(e) of the Infrastructure Investment and Jobs 

3 Act (23 U.S.C. 101 note; Public Law 117–58). 

Æ 


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