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46 U.S.C. § 53716Deposit fund

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 339 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury holds a deposit fund where the Secretary or Administrator may keep an obligor's cash as collateral, under an agreement giving the government a security interest. Fund money is invested in government obligations, and withdrawals require the Secretary's or Administrator's consent. If the obligor defaults, the government may keep the fund's cash and earnings to recover its losses.

(a) In General. There's a deposit fund in the Treasury for this section. The Secretary or Administrator, under an agreement described in (b), may deposit and hold in it cash belonging to an obligor, to serve as collateral for that obligor's guarantee. (b) Agreement. The Secretary or Administrator and the obligor must make a reserve fund or collateral agreement governing deposits, withdrawals, retention, use, and reinvestment of the obligor's cash in the fund. It must include: (1) the terms this section requires; (2) terms giving the U.S. government a security interest in everything deposited; and (3) any other terms the Secretary or Administrator thinks are needed to fully protect the government's interest. (c) Investment. The Secretary or Administrator may invest and reinvest fund money in government obligations maturing in time to meet the agreement's needs. Cash beyond current needs must be kept uninvested, and the Secretary of the Treasury must pay interest on it. (d) Withdrawals. (1) Cash deposited in the fund can't be withdrawn without the Secretary's or Administrator's consent. (2) Subject to (3), the Secretary or Administrator may pay the obligor any income earned on the obligor's deposited cash, following their agreement. (3) The Secretary or Administrator may instead keep and use any or all of the obligor's cash in the fund, and its earnings, to help recover losses if the obligor defaults on an obligation.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

There is a deposit fund in the Treasury for purposes of this section. The Secretary or Administrator, in accordance with an agreement under subsection (b), may deposit into and hold in the fund cash belonging to an obligor to serve as collateral for a guarantee made under this chapter with respect to the obligor.

(b)Agreement.—

The Secretary or Administrator and an obligor shall make a reserve fund or other collateral account agreement to govern the deposit, withdrawal, retention, use, and reinvestment of cash of the obligor held in the fund. The agreement shall contain—

(1)

terms and conditions required by this section;

(2)

terms that grant to the United States Government a security interest in all amounts deposited into the fund; and

(3)

any additional terms considered by the Secretary or Administrator to be necessary to protect fully the interests of the Government.

(c)Investment.—

The Secretary or Administrator may invest and reinvest any part of the amounts in the fund in obligations of the Government with maturities such that amounts in the fund will be available as required for purposes of the agreement under subsection (b). Cash balances in the fund in excess of current requirements shall be maintained in a form of uninvested funds, and the Secretary of the Treasury shall pay interest on these funds.

(d)Withdrawals.—
(1)In general.—

Cash deposited into the fund may not be withdrawn without the consent of the Secretary or Administrator.

(2)Use of income.—

Subject to paragraph (3), the Secretary or Administrator may pay any income earned on cash of an obligor deposited into the fund in accordance with the agreement with the obligor under subsection (b).

(3)Retention against default.—

The Secretary or Administrator may retain and offset any or all of the cash of an obligor in the fund, and any income realized thereon, as part of the Secretary’s or Administrator’s recovery against the obligor in case of a default by the obligor on an obligation.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1616; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(H), (3), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (11), (b), Jan. 28, 2008, 122 Stat. 598.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1616
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3555
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 598

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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