§ 184. — Lines of credit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC184]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER II--INFRASTRUCTURE FINANCE
Sec. 184. Lines of credit
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) through (4), the
Secretary may enter into agreements to make available lines of
credit to 1 or more obligors in the form of direct loans to be made
by the Secretary at future dates on the occurrence of certain events
for any project selected under section 182.
(2) Use of proceeds.--The proceeds of a line of credit made
available under this section shall be available to pay debt service
on project obligations issued to finance eligible project costs,
extraordinary repair and replacement costs, operation and
maintenance expenses, and costs associated with unexpected Federal
or State environmental restrictions.
(3) Risk assessment.--Before entering into an agreement under
this subsection, the Secretary, in consultation with the Director of
the Office of Management and Budget and each rating agency providing
a preliminary rating opinion letter under section 182(b)(2)(B),
shall determine an appropriate capital reserve subsidy amount for
each line of credit, taking into account such letter.
(4) Investment-grade rating requirement.--The funding of a line
of credit under this section shall be contingent on the project's
senior obligations receiving an investment-grade rating from at
least 1 rating agency.
(b) Terms and Limitations.--
(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary
determines appropriate.
(2) Maximum amounts.--
(A) Total amount.--The total amount of the line of credit
shall not exceed 33 percent of the reasonably anticipated
eligible project costs.
(B) 1-year draws.--The amount drawn in any 1 year shall not
exceed 20 percent of the total amount of the line of credit.
(3) Draws.--Any draw on the line of credit shall represent a
direct loan and shall be made only if net revenues from the project
(including capitalized interest, any debt service reserve fund, and
any other available reserve) are insufficient to pay the costs
specified in subsection (a)(2).
(4) Interest rate.--The interest rate on a direct loan resulting
from a draw on the line of credit shall be not less than the yield
on 30-year marketable United States Treasury securities as of the
date on which the line of credit is obligated.
(5) Security.--The line of credit--
(A) shall--
(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources; and
(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of substantial
completion of the project and ending not later than 10 years after
that date.
(7) Rights of third-party creditors.--
(A) Against federal government.--A third-party creditor of
the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
(B) Assignment.--An obligor may assign the line of credit to
1 or more lenders or to a trustee on the lenders' behalf.
(8) Nonsubordination.--A direct loan under this section shall
not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or liquidation
of the obligor.
(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
(10) Relationship to other credit instruments.--A project that
receives a line of credit under this section also shall not receive
a secured loan or loan guarantee under section 183 of an amount
that, combined with the amount of the line of credit, exceeds 33
percent of eligible project costs.
(c) Repayment.--
(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under this
section based on the projected cash flow from project revenues and
other repayment sources.
(2) Timing.--All scheduled repayments of principal or interest
on a direct loan under this section shall commence not later than 5
years after the end of the period of availability specified in
subsection (b)(6) and be fully repaid, with interest, by the date
that is 25 years after the end of the period of availability
specified in subsection (b)(6).
(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include tolls,
user fees, or other dedicated revenue sources.
(Added Pub. L. 105-178, title I, Sec. 1503(a), June 9, 1998, 112 Stat.
247.)
Section Referred to in Other Sections
This section is referred to in section 181 of this title.
