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§53702 General authority

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part C— - Financial Assistance Programs › Chapter CHAPTER 537— - LOANS AND GUARANTEES › Subchapter SUBCHAPTER I— - GENERAL › § 53702

Last updated Apr 6, 2026|Official source

Summary

The Secretary or Administrator can promise to pay the principal and interest on loans that qualify under this law. They set the terms of those promises, and each promise must cover 100 percent of the principal and interest. The Federal Financing Bank is the preferred lender for the principal and interest of these guaranteed loans. Any loan involving a fishing vessel, fishery or aquaculture facility, individual fishing quota, or fishing capacity reduction program made after October 11, 1996, must be a direct loan to the Secretary instead of a loan guaranteed to someone else. A direct loan is treated like a guaranteed loan except for rules that only apply to guarantees. The interest rate is 2 percent plus the extra rate the Secretary pays to borrow from the Treasury. At least $59,000,000 must be made available each fiscal year for historic uses. The Secretary may also make direct loans to build or rebuild vessels in limited-access fisheries or to buy harvesting rights in federally managed limited-access fisheries.

Full Legal Text

Title 46, §53702

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(a)(1)The Secretary or Administrator, on terms the Secretary or Administrator may prescribe, may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation eligible to be guaranteed under this chapter. A guarantee or commitment to guarantee shall cover 100 percent of the principal and interest.
(2)The Federal Financing Bank shall be the preferred eligible lender of the principal and interest of the guaranteed obligations issued under this chapter.
(b)(1)Notwithstanding any other provision of this chapter, any obligation involving a fishing vessel, fishery facility, aquaculture facility, individual fishing quota, or fishing capacity reduction program issued under this chapter after October 11, 1996, shall be a direct loan obligation for which the Secretary shall be the obligee, rather than an obligation issued to an obligee other than the Secretary and guaranteed by the Secretary. A direct loan obligation under this subsection shall be treated in the same manner and to the same extent as an obligation guaranteed under this chapter except with respect to provisions of this chapter that by their nature can only be applied to obligations guaranteed under this chapter.
(2)Notwithstanding any other provision of this chapter, the annual rate of interest an obligor shall pay on a direct loan obligation under this subsection is 2 percent plus the additional percent the Secretary must pay as interest to borrow from the Treasury the funds to make the loan.
(3)Of the direct loan obligations issued by the Secretary under this chapter, the Secretary shall make a minimum of $59,000,000 available each fiscal year for historic uses.
(4)In addition to the other eligible purposes and uses of direct loan obligations provided for in this chapter, the Secretary may issue direct loan obligations for the purpose of—
(A)financing the construction or reconstruction of a fishing vessel in a fishery managed under a limited access system; or
(B)financing the purchase of harvesting rights in a fishery that is federally managed under a limited access system.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 53702(a)46 App.:1273(a).June 29, 1936, ch. 858, title XI, § 1103(a), as added June 23, 1938, ch. 600, § 46, 52 Stat. 969; Aug. 15, 1953, ch. 513, § 1, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 3, 68 Stat. 1268; June 25, 1956, ch. 438, 70 Stat. 332; Aug. 7, 1956, ch. 1026, § 1(a), (c), (d), 70 Stat. 1087; Pub. L. 91–469, § 30, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 910; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 99–509, title V, § 5002, Oct. 21, 1986, 100 Stat. 1912; Pub. L. 103–160, div. A, title XIII, § 1356(5), Nov. 30, 1993, 107 Stat. 1814. 53702(b)46 App.:1279g.June 29, 1936, ch. 858, title XI, § 1112, as added Pub. L. 104–297, title III, § 303(a), Oct. 11, 1996, 110 Stat. 3616. In subsection (a), the words “on terms the Secretary may prescribe” are added based on language in 46 App. U.S.C. 1274(a) (before cl. (1)). The words “the unpaid balance of” are omitted as unnecessary.

Editorial Notes

Codification Subsec. (b) of this section was derived from section 1112 of act June 29, 1936, as added by Pub. L. 104–297, § 303(a), which was classified to section 1279g of the former Appendix to this title. section 1112 was renumbered section 1114 of the Act by Pub. L. 109–163, div. C, title XXXV, § 3507(d), Jan. 6, 2006, 119 Stat. 3557, which was repealed by Pub. L. 110–181, div. C, title XXXV, § 3522(b), Jan. 28, 2008, 122 Stat. 598. See

Historical and Revision Notes

above and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title.

Amendments

2019—Subsec. (a). Pub. L. 116–92 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary or Administrator, on terms the Secretary or Administrator may prescribe, may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation eligible to be guaranteed under this chapter. A guarantee or commitment to guarantee shall cover 100 percent of the principal and interest.” 2016—Subsec. (b)(3), (4). Pub. L. 114–120 added pars. (3) and (4). 2008—Pub. L. 110–181, § 3522(b), repealed Pub. L. 109–163, § 3507(a)(1)(C), (d). See 2006 Amendment note below and Codification note above. Subsec. (a). Pub. L. 110–181, § 3522(a)(10)(B), incorporated the substance of the amendment by Pub. L. 109–163, § 3507(a)(1)(C), into this section by inserting “or Administrator” after “Secretary” in two places. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. 2006—Pub. L. 109–163, § 3507(a)(1)(C), which directed the amendment of section 1273(a) of the former Appendix to this title from which subsec. (a) of this section was derived, was repealed by Pub. L. 110–181, § 3522(b). See 2008 Amendment note for subsec. (a) and

Historical and Revision Notes

above.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53702

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Last Updated

Apr 6, 2026

Release point: 119-73