Title 7AgricultureRelease 119-73not60

§1738p Sale, Reduction, or Cancellation of Qualified Debt to Facilitate Certain Debt Swaps

Title 7 › Chapter 41— FOOD FOR PEACE › Subchapter VI— ENTERPRISE FOR THE AMERICAS INITIATIVE › § 1738p

Last updated Apr 3, 2026|Official source

Summary

The President can sell, reduce, or cancel certain eligible country debts to help carry out debt-for-development or debt-for-nature swaps. The President must set the rules for how those debts may be sold, reduced, or canceled. Sales can only go to buyers who show plans the President approves for using the debt in such swaps. Reductions or cancellations can only happen after a payer shows an approved plan and pays as required. Before acting, the President should talk with the country about how much debt and how it will be used. The country must have been offered the chance to buy the debt under a related offer and must have declined. No more than 40 percent of a country’s qualified debt can be handled this way. The Facility must tell the Commodity Credit Corporation who is eligible and direct the corporation to carry out the actions and update its accounts. Any actions require money approved in advance and proceeds go into U.S. government accounts for repaying the debt. Eligible debt swap: a debt-for-development or debt-for-nature swap.

Full Legal Text

Title 7, §1738p

Agriculture — Source: USLM XML via OLRC

(a)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)The President shall establish the terms and conditions under which qualified debt may be sold, reduced, or canceled pursuant to this section.
(c)(1)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)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)(1)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)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)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)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)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)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)As used in this section, the term “eligible debt swap” means a debt-for-development swap or debt-for-nature swap.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1738p

Title 7Agriculture

Last Updated

Apr 3, 2026

Release point: 119-73not60