I
110th CONGRESS
1st Session
H. R. 966
IN THE HOUSE OF REPRESENTATIVES
February 8, 2007
Mr. Udall of Colorado introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Indian Financing Act of 1974 to provide for sale and assignment of loans and underlying security, and for other purposes.
Loan guaranty and insurance
In General
Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is amended—
by
striking Sec.
201. In order
and inserting the following:
Loan guaranties and insurance
In General
In order
;
by striking “the Secretary is authorized (a) to guarantee” and inserting “the Secretary may—
guarantee
;
by striking “members; and (b) in lieu of such guaranty, to insure” and inserting “members; or
insure
; and
by adding at the end the following:
Eligible Borrowers
The Secretary may guarantee or insure loans under subsection (a) to both for-profit and nonprofit borrowers.
.
Sale or Assignment of Loans and Underlying Security
Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 1485) is amended—
by
striking Sec.
205
and all that follows through subsection (b) and
inserting the following:
Sale or assignment of loans and underlying security
In General
All or any portion of a loan guaranteed or insured under this title, including the security given for the loan—
may be transferred by the lender by sale or assignment to any person; and
may be retransferred by the transferee.
Transfers of Loans
With respect to a transfer described in subsection (a)—
the transfer shall be consistent with such regulations as the Secretary shall promulgate under subsection (h); and
the transferee shall give notice of the transfer to the Secretary.
;
by striking subsection (c);
by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively;
in subsection (c) (as redesignated by paragraph (3)), by striking paragraph (2) and inserting the following:
Validity
Except as provided in regulations in effect on the date on which a loan is made, the validity of a guarantee or insurance of a loan under this title shall be incontestable.
;
in subsection (e) (as redesignated by paragraph (3))—
by striking
The Secretary
and inserting the following:
In general
The Secretary
; and
by adding at the end the following:
Compensation of fiscal transfer agent
A fiscal transfer agent designated under subsection (f) may be compensated through any of the fees assessed under this section and any interest earned on any funds or fees collected by the fiscal transfer agent while the funds or fees are in the control of the fiscal transfer agent and before the time at which the fiscal transfer agent is contractually required to transfer such funds to the Secretary or to transferees or other holders.
; and
in subsection (f) (as redesignated by paragraph (3))—
by striking
subsection (i)
and inserting subsection (h)
;
and
in paragraph
(2)(B), by striking , and issuance of acknowledgments,
.
Loans Ineligible for Guaranty or Insurance
Section 206 of the Indian Financing Act
of 1974 (25 U.S.C. 1486) is amended by inserting (not including an
eligible Community Development Finance Institution)
after
Government
.
Aggregate Loans or Surety Bonds Limitation
Section 217(b) of the Indian Financing
Act of 1974 (25 U.S.C. 1497(b)) is amended by striking
$500,000,000
and inserting $1,500,000,000
.