22 U.S.C. § 2431d: Reduction of debt owed to…

Summary

Allows the President to reduce amounts a country owed the United States on January 1, 1998 that came from concessional loans under subchapter I, part IV of subchapter II, or earlier foreign aid laws. The reductions are done when the Facility arranges to swap the old loan promises for a new single obligation, cancels the old promises, and the agency in charge updates its records. These reductions do not count as “assistance” for laws that limit aid, and the authority can be used even if some other statutory limits would otherwise apply. Money is authorized to pay the cost of these reductions: $25,000,000 for fiscal year 1999; $75,000,000 for 2000; $100,000,000 for 2001; $50,000,000 for 2002; $75,000,000 for 2003; $100,000,000 for 2004; $20,000,000 for 2005; $25,000,000 for 2006; $30,000,000 for 2007; and $20,000,000 for each of fiscal years 2019, 2020, 2023, 2024, 2025, 2026, and 2027. Repayment and interest on the new obligation follow the same rules used for similar debt reductions, and principal payments may be made in the country’s local currency and placed in that country’s Conservation Fund like interest payments are handled. Up to $300,000 per year may be used from amounts for this subchapter for audits, evaluations, monitoring, and administration, including staff costs.

Title 22, §2431d

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Authority to reduce debt

(1)Authority

The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1998, as a result of concessional loans made to an eligible country by the United States under subchapter I of this chapter, part IV of subchapter II of this chapter, or predecessor foreign economic assistance legislation.

(2)Authorization of appropriations

For the cost (as defined in section 661a(5) of title 2) for the reduction of any debt pursuant to this section, there are authorized to be appropriated to the President—

(A)$25,000,000 for fiscal year 1999;

(B)$75,000,000 for fiscal year 2000; and

(C)$100,000,000 for fiscal year 2001.

(3)Certain prohibitions inapplicable

(A)In general

A reduction of debt pursuant to this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.

(B)Additional requirement

The authority of this section may be exercised notwithstanding section 2370(r) of this title or section 321 of the International Development and Food Assistance Act of 1975.

(b)Implementation of debt reduction

(1)In general

Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations of the type referred to in subsection (a) outstanding as of the date specified in subsection (a)(1).

(2)Exchange of obligations

(A)In general

The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.

(B)Additional requirement

At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation for the country shall be established relating to the agreement, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction.

(c)Additional terms and conditions

(1)The following additional terms and conditions shall apply to the reduction of debt under subsection (a)(1) in the same manner as such terms and conditions apply to the reduction of debt under section 2430c(a)(1) of this title:

(A)The provisions relating to repayment of principal under section 2430d of this title.

(B)The provisions relating to interest on new obligations under section 2430e of this title.

(2)In addition to the application of the provisions relating to repayment of principal under section 2430d of this title to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 2430e of this title.

(d)Authorization of appropriations for fiscal years after fiscal year 2001

For the cost (as defined in section 661a(5) of title 2) for the reduction of any debt pursuant to this section or section 2431e of this title, there are authorized to be appropriated to the President the following:

(1)$50,000,000 for fiscal year 2002.

(2)$75,000,000 for fiscal year 2003.

(3)$100,000,000 for fiscal year 2004.

(4)$20,000,000 for fiscal year 2005.

(5)$25,000,000 for fiscal year 2006.

(6)$30,000,000 for fiscal year 2007.

(7)$20,000,000 for fiscal year 2019.

(8)$20,000,000 for fiscal year 2020.

(9)$20,000,000 for fiscal year 2023.

(10)$20,000,000 for fiscal year 2024.

(11)$20,000,000 for fiscal year 2025.

(12)$20,000,000 for fiscal year 2026.

(13)$20,000,000 for fiscal year 2027.

(e)Use of funds to conduct program audits, evaluations, monitoring, and administration

Of the amounts made available to carry out this subchapter for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this subchapter, including personnel costs associated with such audits, evaluations, monitoring and administration.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in section catchline, was in the original “the Foreign Assistance Act of 1961”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to this chapter (§ 2151 et seq.). For complete classification of the Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. section 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of Pub. L. 94–161, Dec. 20, 1975, 89 Stat. 868, which is set out as a note under section 2220a of this title.

Prior Provisions

A prior section 806 of Pub. L. 87–195, pt. V, was classified to section 2435 of this title prior to repeal by Pub. L. 94–329.

Amendments

2022—Subsec. (d)(9) to (13). Pub. L. 117–263 added pars. (9) to (13). 2019—Subsec. (c)(2). Pub. L. 115–440, § 9(b)(2), substituted “Conservation Fund” for “Tropical Forest Fund”. Subsec. (d)(7), (8). Pub. L. 115–440, § 11(1), added pars. (7) and (8). Subsec. (e). Pub. L. 115–440, § 11(2), amended subsec. (e) generally. Prior to amendment, text read as follows: “Of the amounts made available to carry out this subchapter for a fiscal year, $200,000 is authorized to be made available to carry out audits and evaluations of programs under this subchapter, including personnel costs associated with such audits and evaluations.” 2004—Subsec. (c). Pub. L. 108–323, § 3(a), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsec. (d)(4) to (6). Pub. L. 108–323, § 1, added pars. (4) to (6). Subsec. (e). Pub. L. 108–323, § 2, added subsec. (e). 2001—Subsec. (d). Pub. L. 107–26 added subsec. (d).

Statutory Notes and Related Subsidiaries

References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and section 2348c and 2349aa–5 of this title.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. For delegation of functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, set out as a note under section 1738 of Title 7, Agriculture.

§2431d Reduction of Debt Owed to United States as Result of Concessional Loans Under This Chapter