33 U.S.C. § 3901 | Definitions

In this chapter:

(1)

Administrator

The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)

Community water system

section 300f of title 42The term “community water system” has the meaning given the term in .

(3)

Federal credit instrument

The term “Federal credit instrument” means a secured loan or loan guarantee authorized to be made available under this chapter with respect to a project.

(4)

Investment-grade rating

The term “investment-grade rating” means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations.

(5)

Lender

(A)

In general

15 U.S.C. 77aThe term “lender” means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( et seq.)).

(B)

Inclusions

The term “lender” includes—

(i)

section 4974(c) of title 26 a qualified retirement plan (as defined in ) that is a qualified institutional buyer; and

(ii)

section 414(d) of title 26 a governmental plan (as defined in ) that is a qualified institutional buyer.

(6)

Loan guarantee

The term “loan guarantee” means any guarantee or other pledge by the Secretary or the Administrator to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender.

(7)

Obligor

The term “obligor” means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument.

(8)

Project obligation

(A)

In general

The term “project obligation” means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project.

(B)

Exclusion

The term “project obligation” does not include a Federal credit instrument.

(9)

Rating agency

section 78c(a) of title 15The term “rating agency” means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in ).

(10)

Secured loan

section 3908 of this titleThe term “secured loan” means a direct loan or other debt obligation issued by an obligor and funded by the Secretary or Administrator, as applicable, in connection with the financing of a project under .

(11)

State

The term “State” means—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico; and

(D)

any other territory or possession of the United States.

(12)

State infrastructure financing authority

33 U.S.C. 1381 1

1 So in original. The period probably should not appear.

section 300j–12 of title 42The term “State infrastructure financing authority” means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act ( et. seq.) or .

(13)

Subsidy amount

2 U.S.C. 661The term “subsidy amount” means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument, as calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( et seq.).

(14)

Substantial completion

The term “substantial completion”, with respect to a project, means the earliest date on which a project is considered to perform the functions for which the project is designed.

(15)

Treatment works

33 U.S.C. 1292The term “treatment works” has the meaning given the term in section 212 of the Federal Water Pollution Control Act ().

Pub. L. 113–121, title V, § 5022June 10, 2014128 Stat. 1332(, , .)

Editorial Notes

References in Text

act May 27, 1933, ch. 38 48 Stat. 74 section 77a of Title 15The Securities Act of 1933, referred to in par. (5)(A), is title I of , , which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see and Tables.

act June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 816 section 1251 of this titleThe Federal Water Pollution Control Act, referred to in par. (12), is , as amended generally by , , , which is classified generally to chapter 26 (§ 1251 et seq.) of this title. Title VI of the Act is classified generally to subchapter VI (§ 1381 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 93–344 Pub. L. 101–508, title XIII, § 13201(a)Nov. 5, 1990104 Stat. 1388–609 section 621 of Title 2The Federal Credit Reform Act of 1990, referred to in par. (13), is title V of , as added by , , , which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 113–121, title V, § 5021June 10, 2014128 Stat. 1332

Pub. L. 113–121“This subtitle [subtitle C (§§ 5021–5035) of title V of , enacting this chapter] may be cited as the ‘Water Infrastructure Finance and Innovation Act of 2014’.”

, , , provided that:

“Secretary” Defined

section 2 of Pub. L. 113–121 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .