(a) Authorization for guarantees; issuance of obligations
The Secretary or Administrator is authorized to guarantee the repayment of debt obligations issued by entities under this section. Debt obligations to be guaranteed may be issued by any entity that has been approved by the Secretary or Administrator and has agreed with the Secretary or Administrator to such conditions as the Secretary or Administrator deems necessary for this section to achieve the objective of the program and to protect the interest of the United States.
(b) Requirements for guaranteed obligations
Any debt obligation guaranteed under this section shall—
(1)be treated in the same manner and to the same extent as other obligations guaranteed under this subchapter, except with respect to provisions of this subchapter that by their nature cannot be applied to obligations guaranteed under this section;
(2)have the fishing fees established under the program paid into a separate subaccount of the fishing capacity reduction fund established under this section;
(3)not exceed $100,000,000 in an unpaid principal amount outstanding at any one time for a program;
(4)have such maturity (not to exceed 20 years), take such form, and contain such conditions as the Secretary or Administrator determines necessary for the program to which they relate;
(5)have as the exclusive source of repayment (subject to the proviso in subsection (c)(2) of this section) and as the exclusive payment security, the fishing fees established under the program; and
(6)at the discretion of the Secretary or Administrator be issued in the public market or sold to the Federal Financing Bank.
(c) Fishing capacity reduction fund; establishment; availability of amounts; deposit or investment
(1)There is established in the Treasury of the United States a separate account which shall be known as the fishing capacity reduction fund (referred to in this section as the “fund”). Within the fund, at least one subaccount shall be established for each program into which shall be paid all fishing fees established under the program and other amounts authorized for the program.
(2)Amounts in the fund shall be available, without appropriation or fiscal year limitation, to the Secretary or Administrator to pay the cost of the program, including payments to financial institutions to pay debt obligations incurred by entities under this section: Provided, That funds available for this purpose from other amounts available for the program may also be used to pay such debt obligations.
(3)Sums in the fund that are not currently needed for the purpose of this section shall be kept on deposit or invested in obligations of the United States.
(d) Issuance of regulations
The Secretary or Administrator is authorized and directed to issue such regulations as the Secretary or Administrator deems necessary to carry out this section.
(e) “Program” defined
For the purposes of this section, the term “program” means a fishing capacity reduction program established under section
1861a of title
2006—Pub. L. 109–163, § 3507(a)(1)(H), substituted “Secretary or Administrator” for “Secretary” wherever appearing.
1996—Subsec. (e). Pub. L. 104–208made technical amendment to reference in original act which appears in text as reference to section
1861a of title
Effective Date of 1996 Amendment
101(a) [title II, § 211(b)] of div. A of Pub. L. 104–208provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Thursday, June 27, 2013
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Description of Change
Statutes at Large
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