Sec. 101. Prohibition of Federal Government Bailouts
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/bill/113/s/1852/is/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term credit rating has the meaning given that term in section 3(a)(60) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(60) ); the term credit rating agency has the meaning given that term in section 3(a)(61) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(61) ); the term Federal assistance means the use of any advances from the Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility under section 13(3)(A) of the Federal Reserve Act ( 12 U.S.C. 343(3)(A) ), Federal Deposit Insurance Corporation insurance, or guarantees for the purpose of— making a loan to, or purchasing any interest or debt obligation of, a municipality; purchasing the assets of a municipality; guaranteeing a loan or debt issuance of a municipality; or entering into an assistance arrangement, including a grant program, with an eligible entity; the term insolvent means, with respect to an eligible entity, a financial condition such that the eligible entity— has any debt that has been given a credit rating lower than a B by a nationally recognized statistical rating organization or a credit rating agency; is not paying its debts as they become due, unless such debts are the subject of a bona fide dispute; or is unable to pay its debts as they become due; and the term nationally recognized statistical rating organization has the meaning given that term in section 3(a)(62) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(62) ).
Notwithstanding any other provision of law, no Federal assistance may be provided to an eligible entity (other than the assistance provided for in this Act for an area that is designated as an Economic Free Zone). Except as provided in paragraph (1), the Federal Government may not provide financial assistance— to a municipality that is a debtor under chapter 9 of title 11, United States Code; or to State or municipality that is insolvent.
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