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46 U.S.C. § 53723Payments by Secretary or Administrator and issuance of obligations

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 280 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary or Administrator must pay guarantee claims in cash. If the guarantee fund runs short, they can borrow money by issuing obligations to the Treasury. The Treasury sets the interest rate and must buy these obligations. The borrowed money then goes back into the same fund.

(a) Cash Payment. Any amount the Secretary or Administrator has to pay under section 53721 or 53722 must be paid in cash. (b) Issuance of Obligations. If the money set aside in the special account under section 53717 isn't enough to cover a required payment under section 53721 or 53722, the Secretary or Administrator can borrow by issuing obligations to the Secretary of the Treasury. The Secretary or Administrator decides the form, denomination, maturity, and other terms of these obligations — except the interest rate — and needs the Treasury Secretary's approval to do so. The Secretary of the Treasury sets the interest rate, based on the average market yield on comparable outstanding U.S. government securities during the month before the obligations are issued. (c) Purchase of Obligations. The Secretary of the Treasury must buy these obligations. To pay for them, the Treasury Secretary can use money raised from selling securities under chapter 31 of title 31, treating it as a public debt transaction; the law now allows those securities to be sold for this purpose too. The Treasury Secretary can later resell the obligations, and any redemption, purchase, or sale counts as a public debt transaction of the government. (d) Deposits and Redemptions. The Secretary or Administrator must deposit any money borrowed this way into the account under section 53717, and must redeem (pay back) the obligations using money from that same account.
the actual law source: uscode.house.gov ↗public domain
(a)Cash Payment.—

Amounts required to be paid by the Secretary or Administrator under section 53721 or 53722 of this title shall be paid in cash.

(b)Issuance of Obligations.—

If amounts in the appropriate account under section 53717 of this title are not sufficient to make a payment required under section 53721 or 53722 of this title, the Secretary or Administrator may issue obligations to the Secretary of the Treasury. The Secretary or Administrator, with the approval of the Secretary of the Treasury, shall prescribe the form, denomination, maturity, and other terms (except the interest rate) of the obligations. The Secretary of the Treasury shall set the interest rate for the obligations, considering the current average market yield on outstanding marketable obligations of the United States Government of comparable maturities during the month before the obligations are issued.

(c)Purchase of Obligations.—

The Secretary of the Treasury shall purchase the obligations issued under this section. To purchase the obligations, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of securities issued under chapter 31 of title 31. The purposes for which securities may be issued under that chapter are extended to include the purchase of obligations under this subsection. The Secretary of the Treasury may sell obligations purchased under this section. A redemption, purchase, or sale of the obligations by the Secretary of the Treasury is a public debt transaction of the Government.

(d)Deposits and Redemptions.—

The Secretary or Administrator shall deposit amounts borrowed under this section in the appropriate account under section 53717 of this title and make redemptions of the obligations from that account.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1618; Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(G), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1618
  • 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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