Sec. 607. Credit risk premiums
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Section 502(f) ( 45 U.S.C. 822(f) ) is amended— in paragraph (1), by amending the first sentence to read as follows: In lieu of or in combination with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 504(b)(1) of the Federal Credit Reform Act of 1990 ( ; 2 U.S.C. 661c(b)(1) ), including the cost of a modification thereof, the Secretary may accept on behalf of an applicant for assistance under this section a commitment from a non-Federal source, including a State or local government or agency or public benefit corporation or public authority thereof, to fund in whole or in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification. in paragraph (2)— in subparagraph (D), by adding and after the semicolon; by striking subparagraph (E); and by redesignating subparagraph
(F)as subparagraph (E); by striking paragraph (4); by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: An applicant may propose and the Secretary may accept as a basis for determining the amount of the credit risk premium under paragraph
(2)any of the following in addition to the value of any tangible asset: The net present value of a future stream of State or local subsidy income or other dedicated revenues/revenue pledges to secure the direct loan or loan guarantee. Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated by the project or any other dedicated revenue source, including— tolls; user fees; or payments owing to the obligor under a public-private partnership. An investment-grade rating on the direct loan or loan guarantee, as applicable, except that if the total amount of the direct loan or loan guarantee is greater than $75,000,000, the applicant shall have an investment-grade rating from at least 2 rating agencies on the direct loan or loan guarantee. ; in paragraph (4), as redesignated, by striking amounts and inserting amounts (and in the case of a modification, before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs of direct loans and loan guarantees, including costs of modifications thereof ; and by adding at the end the following: Notwithstanding any other provision of law, an applicant may use grants under chapter 244 of title 49, United States Code, to pay part or all of a credit risk premium or modification cost under this subsection. .
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U.S. Code
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- 45 USC 822(f)
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