Page:United States Statutes at Large Volume 123.djvu/2031

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123STA T . 2 0 11 PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (I)intheform of ap erforman c e b on d, in su r - ance, co l lateral, or other means acceptable to the fiscal a g ent of the U nited S tates

and ‘‘(II) in an amount e q ual to not less than 20 percent of the amount of the loan . ‘‘( 3 ) LIM I TA TI ONS ON L OANS. — Loans under this section ma y be— ‘‘( A ) made or guaranteed under the authority of this section only to the e x tent that an appropriations Act— ‘‘(i) pro v ides, in advance, budget authority for the cost of such guarantees, as defined in section 5 02 of the F ederal C redit R eform Act of 19 90 (2 U.S.C. 6 61a); and ‘‘(ii) establishes a limitation on the total loan prin- cipal that may be guaranteed; and ‘‘( B ) made w ithout regard to the limitations of existing law, other than section 13 4 1 of title 31, United States Code. ‘‘(b) FIS C ALA GE NTS O F T H E UNITE D STATES.— ‘‘(1) IN GENE R AL.—Any Federal agency or any Federal reserve ban k , when designated by the P resident, is hereby authori z ed to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of this section. ‘‘(2) F U NDS.—All such funds as may be necessary to enable any fiscal agent described in paragraph (1) to carry out any guarantee made by it on behalf of any guaranteeing agency shall be supplied and disbursed by or under authority from such guaranteeing agency. ‘‘(3) LIMIT ON LIA B ILIT Y .— N o fiscal agent described in para- graph (1) shall have any responsibility or accountability, except as agent in taking any action pursuant to or under authority of this section. ‘‘(4) REIMBURSEMENTS.— E ach fiscal agent described in paragraph (1) shall be reimbursed by each guaranteeing agency for all expenses and losses incurred by such fiscal agent in acting as agent on behalf of such guaranteeing agency, including, notwithstanding any other provision of law, attor- neys ’ fees and expenses of litigation. ‘‘(c) OV ERSIGHT.— ‘‘(1) IN GENERAL.—All actions and operations of fiscal agents under authority of or pursuant to this section shall be sub j ect to the supervision of the President, and to such regulations as the President may prescribe. ‘‘(2) OTHER AUTHORITY.— T he President is authorized to prescribe— ‘‘(A) either specifically or by maximum limits or other- wise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through fiscal agents under this section; and ‘‘(B) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees. ‘‘(d) AGGREGATE G UARANTEE AMOUNTS.—