(ii) be amortized over the remaining 
term of the secured loan. 
(C) CRITERIA.—Any payment deferral pur-
suant to subparagraph (A) shall be contingent 
on the project meeting— 
(i) standards for reasonable assurance 
of repayment, as the Secretary shall estab-
lish; and 
(ii) such other criteria as the Sec-
retary may establish. 
(4) PREPAYMENT.— 
(A) USE OF EXCESS REVENUES.—Any ex-
cess revenues from an eligible project that re-
main after satisfying scheduled debt service re-
quirements on the project obligations and se-
cured loan and all deposit requirements under 
the terms of any trust agreement, bond resolu-
tion, or similar agreement securing project obli-
gations may be applied annually to prepay a se-
cured loan under this section without penalty. 
(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—A secured loan under this section 
may be prepaid at any time, without penalty, 
from the proceeds of refinancing from non-Fed-
eral funding sources. 
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(g) SALE OF SECURED LOANS.— 
(1) IN GENERAL.—Subject to paragraph (2), if 
the Secretary determines that the sale or reoffering 
of a secured loan under this section for an eligible 
project can be made on favorable terms, the Sec-
retary may sell the loan to another entity or reoffer 
the loan into the capital markets as soon as prac-
ticable after the date of substantial completion of a 
project and after providing notice to the obligor. 
(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary 
may not change the original terms and conditions of 
the secured loan without the written consent of the 
obligor. 
(h) LOAN GUARANTEES.— 
(1) IN GENERAL.—In lieu of making a secured 
loan under this section for an eligible project, the 
Secretary may provide a loan guarantee for a project 
obligation for the project funded by a qualified lend-
er (as such term is defined in section 211), but only 
if the Secretary determines that the cost as such 
term is defined in section 502 of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a) of the loan 
guarantee is substantially the same as or less than 
that of making a secured loan. 
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(2) TERMS.—The terms of a loan guarantee 
provided under this subsection shall be consistent 
with the terms established in this section for a se-
cured loan, except that the interest rate on the guar-
anteed loan and any prepayment features shall be 
negotiated between the obligor and the qualified 
lender, subject to the consent of the Secretary. 
SEC. 209. PROGRAM ADMINISTRATION. 
(a) REQUIREMENT.—The Secretary shall establish a 
uniform system to service the Federal credit instruments 
made available under this title. 
(b) FEES.— 
(1) IN GENERAL.—The Secretary may collect 
and spend fees, to the extent provided in advance in 
appropriations Acts, in amounts sufficient to cover— 
(A) the costs of services obtained pursuant 
to subsection (d); and 
(B) all or a portion of the costs to the 
Federal Government of servicing the Federal 
credit instruments provided under this title. 
(c) SERVICER.— 
(1) IN GENERAL.—The Secretary may appoint 
a financial entity to assist the Secretary in servicing 
Federal credit instruments provided under this title. 
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(2) DUTIES.—A servicer appointed under para-
graph (1) shall act as the agent for the Secretary. 
(3) FEE.—A servicer appointed under para-
graph (1) shall receive a servicing fee, subject to ap-
proval by the Secretary. 
(d) ASSISTANCE FROM EXPERTS.—The Secretary 
may retain the services, including counsel, of organizations 
and entities with expertise in the field of municipal and 
project finance to assist in the underwriting and servicing 
of Federal credit instruments provided under this title. 
SEC. 210. STATE AND LOCAL PERMITS. 
The provision of financial assistance under section 
208 for an eligible project shall not— 
(1) relieve any recipient of such assistance of 
any obligation to obtain any required State or local 
permit or approval with respect to the project; 
(2) limit the right of any unit of State or local 
government to approve or regulate any rate of re-
turn on private equity invested in the project; or 
(3) otherwise supersede any State or local law 
or regulation applicable to the construction or oper-
ation of the project. 
SEC. 211. DEFINITIONS. 
In this title, the following definitions shall apply: 
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(1) COMMERCIAL SPORTS.—The term ‘‘commer-
cial sport’’ means a sports enterprise of which prof-
it-making forms a major part. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity eligible pursuant to section 203 
to receive financial assistance under section 208. 
(3) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a project for which financial assist-
ance under section 208 may be provided, pursuant 
to section 204. 
(4) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means, with respect to an eligi-
ble project, any costs of the project eligible under 
section 205 to be paid with amounts from a loan 
made or guaranteed pursuant to section 208. 
(5) FEDERAL CREDIT INSTRUMENT.—The term 
‘‘Federal credit instrument’’ means a secured loan 
made, or loan guarantee provided, under section 
208. 
(6) INVESTMENT-GRADE
RATING.—The term 
‘‘investment-grade rating’’ means, with respect to 
project obligations, a rating of BBB minus, Baa3, 
bbb minus, BBB (low), or higher as assigned by a 
rating agency. 
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(7) LOAN GUARANTEE.—The term ‘‘loan guar-
antee’’ means any guarantee or other pledge by the 
Secretary to pay all or part of the principal of, and 
interest on, a loan or other debt obligation. 
(8) OBLIGOR.—The term ‘‘obligor’’ means— 
(A) with respect to a Federal credit instru-
ment that is a secured loan under section 208, 
the eligible entity that is primarily liable for 
payment of the principal of, or interest on, the 
loan; and 
(B) with respect to a Federal credit instru-
ment that is a loan guarantee under section 
208(h), the eligible entity that is primarily lia-
ble for payment of the loan or other debt obli-
gation repayment of which is guaranteed pursu-
ant to such section. 
(9) PROJECT OBLIGATION.—The term ‘‘project 
obligation’’ means, with respect to an eligible 
project, any note, bond, debenture, or other debt ob-
ligation issued by an obligor in connection with the 
financing of the project. Such term does not include 
a Federal credit instrument. 
(10) QUALIFIED LENDER.— 
(A) IN
GENERAL.—The term ‘‘qualified 
lender’’ means any non-Federal qualified insti-
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tutional buyer, as such term is defined in sec-
tion 230.144A(a) of title 17, Code of Federal 
Regulations (or any successor regulation), 
known as Rule 144A(a) of the Securities and 
Exchange Commission and issued under the Se-
curities Act of 1933 (15 U.S.C. 77a et seq.). 
(B) INCLUSIONS.—Such term includes— 
(i) a qualified retirement plan (as de-
fined in section 4974(c) of the Internal 
Revenue Code of 1986) that is a qualified 
institutional buyer; and 
(ii) a governmental plan (as defined in 
section 414(d) of the Internal Revenue 
Code of 1986) that is a qualified institu-
tional buyer. 
(11) RATING AGENCY.—The term ‘‘rating agen-
cy’’ means a credit rating agency registered with the 
Securities and Exchange Commission as a nationally 
recognized statistical rating organization (as defined 
in section 3(a) of the Securities Exchange Act of 
1934 (15 U.S.C. 78c(a))). 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Housing and Urban Develop-
ment. 
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(13) SECURED
LOAN.—The term ‘‘secured 
loan’’ means a direct loan or other debt obligation 
issued by an obligor and funded by the Secretary 
pursuant to section 208. 
(14) STATE.—The term ‘‘State’’ means a State, 
the District of Columbia, the Commonwealth of 
Puerto Rico, and any other territory or possession of 
the United States. 
(15) STATE INFRASTRUCTURE FINANCING AU-
THORITY.—The term ‘‘State infrastructure financing 
authority’’ means the State entity established or des-
ignated by the Governor of a State to receive assist-
ance under this title. 
(16) SUBSIDY
AMOUNT.—The term ‘‘subsidy 
amount’’ means, with respect to a Federal credit in-
strument, the amount of budget authority sufficient 
to cover the estimated long-term cost to the Federal 
Government of the Federal credit instrument, as cal-
culated on a net present value basis, excluding ad-
ministrative costs and any incidental effects on gov-
ernmental receipts or outlays in accordance with the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.). 
(17) SUBSTANTIAL
COMPLETION.—The term 
‘‘substantial completion’’ means, with respect to a 
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project, the earliest date on which a project is con-
sidered capable of performing the functions for 
which the project is designed. 
SEC. 212. REGULATIONS. 
The Secretary may issue such regulations as the Sec-
retary considers appropriate to carry out this title. 
SEC. 213. FUNDING. 
From amounts made available for Federal purposes 
under section 5 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l–7), there is authorized to 
be appropriated to the Secretary to carry out this title 
$50,000,000 for each of fiscal years 2021 through 2025, 
to remain available until expended, of which in each such 
fiscal year— 
(1) the Secretary may use for the administra-
tion of this title, including program administration 
under section 209, not more than $2,200,000; and 
(2) the remainder shall be available for costs 
(as such term is defined in section 502 of the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a)) of 
loans and loan guarantees under section 208. 
SEC. 214. REPORT TO CONGRESS. 
Not later than 2 years after the date of enactment 
of this Act, and every 2 years thereafter, the Secretary 
shall submit to the Congress a report summarizing the fi-
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nancial performance of the projects that are receiving, or 
have received, assistance under this title, including a rec-
ommendation as to whether the objectives of this title are 
being met. 
Æ 
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