[Pub. L. 100–71], which directed that the second par. be struck out and a new one-sentence par. be inserted, was executed to reflect the probable intent of Congress by substituting the new sentence for the third sentence which read as follows: “Funds authorized to be appropriated by section 2771(a) of this title to carry out this chapter which are allocated for credits at market rates of interest may be used to pay claims under such guarantees to the extent funds in the Guaranty Reserve Fund are inadequate for that purpose.”
[Pub. L. 99–83] inserted provisions authorizing the single reserve to be termed the “Guaranty Reserve Fund”, and substituted provisions relating to payment of claims under guarantees, for provisions relating to report to Congress respecting any payment of claims reducing the single reserve.
[Pub. L. 96–533, § 105(b)(3)], substituted “defense articles, defense services, and design and construction services” for “defense articles and defense services”.
[Pub. L. 96–533, § 104(a)], substituted provisions making funds obligated before Dec. 16, 1980 available for expenditure after such date for payment of guaranteed claims, requiring the President to report to Congress the reduction of the single reserve below $750,000,000 with recommendation for an appropriations authorization of additional funds and deeming the principal amount of a guaranteed loan to be funds made available for use under this chapter for purposes of any limitation on availability of funds for prior provisions for obligation of available funds in an amount equal to 10 per centum of principal amount of contractual liability related to a guaranty under this section, making such funds a single reserve for payment of guaranteed claims, and providing for transfer of any funds deobligated during any current fiscal year to the general fund of the Treasury.
1974—Subsecs. (a), (b).
[Pub. L. 93–559, § 45(a)(3)], inserted “other than the Federal Financing Bank” in parenthetical text.
[Pub. L. 93–559, § 45(a)(4)], substituted “10” for “25” in two places.
[Pub. L. 93–189] substituted “to carry out this chapter” for “pursuant to section 2771 of this title” and inserted “principal amount of” before “contractual liability” wherever appearing.
Foreign Military Sales Debt Reform
[Pub. L. 102–145, § 118], as added by [Pub. L. 102–266, § 102], Apr. 1, 1992, [106 Stat. 93], provided that the authority and conditions provided under the heading “Foreign Military Sales Debt Reform” in H.R. 2621, One Hundred Second Congress, 1st session, as passed by the House of Representatives on June 19, 1991, shall be applicable to funds appropriated by [Pub. L. 102–145] (and are hereby enacted) in lieu of the authority and conditions provided under the heading “Foreign Military Sales Debt Reform” in [Pub. L. 101–513] [set out below]. Provisions under the heading “Foreign Military Sales Debt Reform” in H.R. 2621, as referred to above, provided that: “Subsection (b) under the heading ‘Foreign Military Sales Debt Reform’ in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 [ [Pub. L. 100–202, § 101(e) [title III, § 301]], set out below], is hereby repealed.” [Pub. L. 101–513, title III], Nov. 5, 1990, [104 Stat. 1999], provided that: “Funds made available by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 [ [Pub. L. 100–202, § 101(e) [title III]], set out below], for obligation and expenditure after October 1, 1988, subject to a Presidential budget request, under the heading ‘Foreign Military Sales Debt Reform’, subsection (b) ‘Interest Rate Reduction’ shall be available, subject to the same conditions and provisos, only after October 1, 1991.”Similar provisions were contained in the following prior appropriation acts: [Pub. L. 101–167, title III], Nov. 21, 1989, [103 Stat. 1214]. [Pub. L. 100–461, title III], Oct. 1, 1988, [102 Stat. 2268–18]. [Pub. L. 100–202, § 101(e) [title III]], Dec. 22, 1987, [101 Stat. 1329–131], 1329–148, as amended by [Pub. L. 101–167, title III], Nov. 21, 1989, [103 Stat. 1214]; [Pub. L. 102–145, § 118], as added by [Pub. L. 102–266, § 102], Apr. 1, 1992, [106 Stat. 93], provided in part that:
Notwithstanding any other provision of law, the President is authorized during fiscal years 1988 through 1991 to transfer existing United States guaranties of outstanding Foreign Military Sales (FMS) credit debt, or to issue new guaranties, either of which would be applied to loans, bonds, notes or other obligations made or issued (as the case may be) by private United States financial institutions (the private lender) to finance the prepayment at par of the principal amounts maturing after September 30, 1989
of existing FMS loans bearing interest rates of eight percent or higher, and arrearages thereon. The loans, bonds, notes or other obligations are hereinafter referred to as the ‘private loan’: Provided
, That such guaranties which are transferred or are made pursuant to paragraph (a) shall cover no more and no less than ninety percent of the private loan or any portion or derivative thereof plus unpaid accrued interest and arrearages, if any, outstanding at the time of guaranty transfer or extension: Provided further
, That the total amount of the guaranty of the private loan cannot exceed ninety percent of the outstanding principal, unpaid accrued interest and arrearages, if any, at any time: Provided further
, That of the total amount of the private loan, the ninety percent guaranteed portion of the private loan cannot be separated from the private loan at any time: Provided further
, That no sums in addition to the payment of the outstanding principal amounts maturing after September 30, 1989
of the loan (or advance), plus unpaid accrued interest thereon, and arrearages, if any, shall be charged by the private lender or the Federal Financing Bank as a result of such prepayment against the borrower, the guarantor, or the Guaranty Reserve Fund (GRF), except that the private lender may include, in the interest rate charged, a standard fee to cover costs, such fee which will be set at prevailing market rates, and no guaranty fee shall be charged on guarantees transferred or issued pursuant to this provision: Provided further
, That the terms of guaranties transferred or issued under this paragraph shall be exactly the same as the existing loans or guarantees, except as modified by this paragraph and including but not limited to the final maturity and principal and interest payment structure of the existing loans which shall not be altered, except that the repayments of the private loan issued debt may be consolidated into two payments per year: Provided further
, That the private loan or guarantees transferred or issued pursuant to this paragraph shall be fully and freely transferable, except that any guaranty transferred or extended shall cease to be effective if the private loan or any derivative thereof is to be used to provide significant support for any non-registered obligation: Provided further
, That for purposes of sections 23 and 24 of the Arms Export Control Act (AECA) [22 U.S.C. 2763
, 2764], the term ‘defense services’ shall be deemed to include the refinancing of FMS debt outstanding at the date of the enactment of this Act [Dec. 22, 1987
]: Provided further
, That not later than ninety days after the enactment of this Act, the Secretary of the Treasury (Secretary) shall issue regulations to carry out the purposes of this heading and that in issuing such regulations, the Secretary shall (1) facilitate the prepayment of loans and loan advances hereunder, (2) provide for full processing of each application within thirty days of its submission to the Secretary, and (3) except as provided in section 24(a) of the AECA, impose no restriction that increases the cost to borrowers of obtaining private financing for prepayment hereunder or that inhibits the ability of the borrower to enter into prepayment arrangements hereunder: Provided further
, That the Secretary of State shall transmit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and Senate, a copy of the text of any agreement entered into pursuant to this section not more than thirty days after its entry into force, together with a description of the transaction.
[Pub. L. 102–145, § 118], as added by [Pub. L. 102–266, § 102], Apr. 1, 1992, [106 Stat. 93].]
None of the funds provided pursuant to the Arms Export Control Act (relating to Foreign Military Sales credits) [22 U.S.C. 2751
et seq.] or pursuant to chapter 2 of part II of the Foreign Assistance Act (relating to the Military Assistance program) [22 U.S.C. 2311
et seq.] shall be made available to any country for which one or more loans is refinanced pursuant to paragraph (a) of this heading and which is in default for a period in excess of ninety days in payment of principal or interest on (A) any loan made to such country guaranteed by the United States pursuant to paragraph (a) of this heading, and (B) any other loan issued pursuant to the Arms Export Control Act outstanding on the date of enactment of this provision [Dec. 22, 1987
In conjunction with any interest rate reduction pursuant to the authority provided in paragraph (b) of this heading, the President shall require the country to commit in writing that within two years of the effective date of the interest rate reduction it will be no more than ninety days in arrears on the repayment of principal and interest on all loans for which the interest rate is thus reduced and will remain no more than ninety days in arrears for the remaining life of all such loans. None of the funds provided pursuant to the Arms Export Control Act [22 U.S.C. 2751
et seq.] or chapter 2 of part II of the Foreign Assistance Act [22 U.S.C. 2311
et seq.] shall be made available to any country during any period in which it fails to comply with such commitment.
Purposes and Reports.—
The authorities of paragraphs (a) and (b) of this heading may be utilized by the President in efforts to negotiate base rights and base access agreements, and for other bilateral foreign policy matters: Provided further, That the Secretaries of Defense, State, and Treasury shall transmit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and Senate a joint report detailing the United States financial and foreign policy purposes served by implementation of this authority on a country by country basis not later than March 1, 1989, and a second joint report not later than August 1, 1989.”