Us Code § 1738p - Sale, reduction, or cancellation of qualified debt to facilitate certain debt swaps
Full text of Us Code United States Code § 1738p — Sale, reduction, or cancellation of qualified debt to facilitate certain debt swaps, with citation guidance and answers to common questions.
§ 1738p. Sale, reduction, or cancellation of qualified debt to facilitate certain debt swaps
(a) Authority to sell, reduce, or cancel qualified debt
For the purpose of facilitating eligible debt swaps, the President, in accordance with this section—
(1) may sell to an eligible purchaser (as determined pursuant to subsection (c)(1)) any qualified debt of an eligible country; or
(2) may reduce or cancel eligible debt of an eligible country upon receipt of payment from an eligible payor (as determined under subsection (c)(2)).
(b) Terms and conditions
The President shall establish the terms and conditions under which qualified debt may be sold, reduced, or canceled pursuant to this section.
(c) Eligible purchasers and eligible payors
(1) Sales of debt
Qualified debt may be sold pursuant to subsection (a)(1) only to a purchaser who presents plans satisfactory to the President for using the debt for the purpose of engaging in eligible debt swaps.
(2) Reduction or cancellation of debt
Qualified debt may be reduced or cancelled pursuant to subsection (a)(2) only if the payor presents plans satisfactory to the President for using such reduction or cancellation for the purpose of facilitating eligible debt swaps.
(d) Debtor consultation and right of first refusal
(1) Consultation
Before selling, reducing, or canceling any qualified debt of an eligible country pursuant to this section, the President should consult with that country concerning, among other things, the amount of debt to be sold, reduced, or canceled and the uses of such debt for eligible debt swaps.
(2) Right of first refusal
The qualified debt of an eligible country may be sold, reduced, or cancelled pursuant to this section only if that country has been offered the opportunity to purchase that debt pursuant to section 1738o of this title and has not accepted that offer.
(e) Limitation
In the aggregate, not more than 40 percent of the qualified debt of an eligible country may be sold, reduced, or cancelled under this section or sold under section 1738o of this title.
(f) Administration
The Facility shall notify the Commodity Credit Corporation of purchasers and payors the President has determined to be eligible under subsection (c), and shall direct the corporation to carry out the sale, reduction, or cancellation of a qualified debt pursuant to this section. The Commodity Credit Corporation shall make an adjustment in its accounts to reflect such sale, reduction, or cancellation.
(g) Appropriations requirement
The authorities provided by this section may be exercised only in such amounts and to such extent as is provided in advance in appropriations Acts.
(h) Deposit of proceeds
The proceeds from the sale, reduction, or cancellation of qualified debt pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such debt.
(i) Eligible debt swaps
As used in this section, the term "eligible debt swap" means a debt-for-development swap or debt-for-nature swap.
(July 10, 1954, ch. 469, title VI, §617, as added Pub. L. 102–532, §2, Oct. 27, 1992, 106 Stat. 3510.)
About This Section
7 U.S.C. § 1738p is part of Title 7 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 7 U.S.C. § 1738p. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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