§661a — Title 2 The Congress | U.S. Code

Summary

Defines key words used for government lending and loan guarantees. It explains what counts as a direct loan or a loan guarantee, how their cost is measured, and which budget accounts are used. Direct loan — a payment by the Government to a non-Federal borrower that must be paid back, with or without interest. It also covers buying or joining another lender’s loan and any financing that delays payment for more than 90 days, including selling a government asset on credit. It does not include buying a federally guaranteed loan to cover a default or Commodity Credit Corporation price support loans. Direct loan obligation — a firm promise by a Federal agency to make a direct loan when the borrower meets stated conditions. Loan guarantee — a promise, insurance, or pledge to cover part or all of a borrower’s debt to a non-Federal lender. It does not include deposit or share insurance at banks or similar accounts. Loan guarantee commitment — a firm promise by a Federal agency to guarantee a loan when conditions are met by the borrower, lender, or other parties. Cost — the estimated long-term cost to the Government, calculated as net present value and excluding administrative costs and incidental effects on other government receipts or payments. For direct loans and guarantees, cost equals the net present value of expected disbursements, repayments, interest and other payments, adjusted for defaults, fees, recoveries, and prepayments. A modification’s cost is the change in that net present value. The discount rate is the average interest rate on marketable Treasury securities of similar maturity. Costs use current assumptions for the fiscal year when funds are obligated. Credit program account — the budget account that pays the estimated cost of a direct loan or loan guarantee program. Financing account — the non-budget account that holds loan balances and cash flows for obligations made on or after October 1, 1991. Liquidating account — the budget account for cash flows from obligations made before October 1, 1991; shown on a cash basis. Modification — any Government action that changes the estimated cost of an existing direct loan or loan guarantee, including sales or purchases of loan assets and changes caused by new laws or administrative decisions. Current — has the meaning given in section 900(c)(9) of this title. Director — the Director of the Office of Management and Budget.

Title 2, §661a

The Congress — Source: USLM XML via OLRC

For purposes of this subchapter—

(1)The term “direct loan” means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a government 11 So in original. Probably should be capitalized. asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims or the price support loans of the Commodity Credit Corporation.

(2)The term “direct loan obligation” means a binding agreement by a Federal agency to make a direct loan when specified conditions are fulfilled by the borrower.

(3)The term “loan guarantee” means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions.

(4)The term “loan guarantee commitment” means a binding agreement by a Federal agency to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement.

(5)(A)The term “cost” means the estimated long-term cost to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays.

(B)The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows:

(i)loan disbursements;

(ii)repayments of principal; and

(iii)payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries;

(C)The cost of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows:

(i)payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; and

(ii)payments to the Government including origination and other fees, penalties and recoveries;

(D)The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of a direct loan or loan guarantee contract, and the current estimate of the net present value of the remaining cash flows under the terms of the contract, as modified.

(E)In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the cash flows of the direct loan or loan guarantee for which the estimate is being made.

(F)When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated.

(6)The term “credit program account” means the budget account into which an appropriation to cover the cost of a direct loan or loan guarantee program is made and from which such cost is disbursed to the financing account.

(7)The term “financing account” means the non-budget account or accounts associated with each credit program account which holds balances, receives the cost payment from the credit program account, and also includes all other cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made on or after October 1, 1991.

(8)The term “liquidating account” means the budget account that includes all cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991.These accounts shall be shown in the budget on a cash basis.

(9)The term “modification” means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures.

(10)The term “current” has the same meaning as in section 900(c)(9) of this title.

(11)The term “Director” means the Director of the Office of Management and Budget.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 502 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 321, was set out as a note under section 1020 of former Title 31, prior to repeal by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068.

Amendments

1997—Par. (1). Pub. L. 105–33, § 10117(a)(1), inserted “and financing arrangements that defer payment for more than 90 days, including the sale of a government asset on credit terms” after “another lender”. Par. (5)(A). Pub. L. 105–33, § 10117(a)(2), inserted “or modification thereof” after “or loan guarantee”. Par. (5)(B), (C). Pub. L. 105–33, § 10117(a)(3), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows: “(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows: “(i) loan disbursements; “(ii) repayments of principal; and “(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties and other recoveries. “(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed of the cash flow from— “(i) estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments, and “(ii) the estimated payments to the Government including origination and other fees, penalties and recoveries.” Par. (5)(D). Pub. L. 105–33, § 10117(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “Any Government action that alters the estimated net present value of an outstanding direct loan or loan guarantee (except modifications within the terms of existing contracts or through other existing authorities) shall be counted as a change in the cost of that direct loan or loan guarantee. The calculation of such changes shall be based on the estimated present value of the direct loan or loan guarantee at the time of modification.” Par. (5)(E). Pub. L. 105–33, § 10117(a)(5), inserted “the cash flows of” after “similar maturity to”. Par. (5)(F). Pub. L. 105–33, § 10117(a)(6), added subpar. (F). Pars. (9) to (11). Pub. L. 105–33, § 10117(a)(7), added pars. (9) and (10) and redesignated former par. (9) as (11).

§661a Definitions