§ 947. — Borrowing power; telephone debentures; issuance; interest rates; terms and conditions; ratio to paidin capital and retained earnings; investments in debentures; debentures as security; purchase and sale of debentures by the Secretary of the Treasury; treatment as public debt transactions of the United States; exclusion of transactions from budget totals.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC947]
TITLE 7--AGRICULTURE
CHAPTER 31--RURAL ELECTRIFICATION AND TELEPHONE SERVICE
SUBCHAPTER IV--RURAL TELEPHONE BANK
Sec. 947. Borrowing power; telephone debentures; issuance;
interest rates; terms and conditions; ratio to paid-in capital
and retained earnings; investments in debentures; debentures as
security; purchase and sale of debentures by the Secretary of
the Treasury; treatment as public debt transactions of the
United States; exclusion of transactions from budget totals
(a) The telephone bank is authorized to obtain funds through the
public or private sale of its bonds, debentures, notes, and other
evidences of indebtedness (herein collectively called telephone
debentures). Telephone debentures shall be issued at such times, bear
interest at such rates, and contain such other terms and conditions as
the Telephone Bank Board shall determine: Provided, however, That the
amount of the telephone debentures which may be outstanding at any one
time pursuant to this section shall not exceed twenty times the paid-in
capital and retained earnings of the telephone bank. Telephone
debentures shall not be exempt, either as to principal or interest, from
any taxation now or hereafter imposed by the United States, by any
territory, dependency, or possession thereof, or by any State or local
taxing authority. Telephone debentures shall be lawful investments and
may be accepted as security for all fiduciary, trust, and public funds,
the investment or deposit of which shall be under the authority and
control of the United States or any officer or officers thereof.
(b) The Telephone Bank is also authorized to issue telephone
debentures to the Secretary of the Treasury, and the Secretary of the
Treasury may in his discretion purchase any such debentures, and for
such purpose the Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds of the sale of any securities
hereafter issued under chapter 31 of title 31, as now or hereafter in
force, and the purposes for which securities may be issued under chapter
31 of title 31 as now or hereafter in force are extended to include such
purchases. Each purchase of telephone debentures by the Secretary of the
Treasury under this subsection shall be upon such terms and conditions
as to yield a return at a rate not less than a rate determined by the
Secretary of the Treasury, taking into consideration the current average
yield on outstanding marketable obligations of the United States of
comparable maturity. The Secretary of the Treasury may sell, upon such
terms and conditions and at such price or prices as he shall determine,
any of the telephone debentures acquired by him under this subsection.
All purchases and sales by the Secretary of the Treasury of such
debentures under this subsection shall be treated as public debt
transactions of the United States.
(c) Purchases and resales by the Secretary of the Treasury as
authorized in subsection (b) of this section shall not be included in
the totals of the budget of the United States Government and shall be
exempt from any general limitation imposed by statute on expenditures
and net lending (budget outlays) of the United States.
(May 20, 1936, ch. 432, title IV, Sec. 407, as added Pub. L. 92-12,
Sec. 2, May 7, 1971, 85 Stat. 34; amended Pub. L. 92-324, Sec. 2, June
30, 1972, 86 Stat. 390; Pub. L. 93-32, Secs. 6, 7, May 11, 1973, 87
Stat. 70.)
Codification
In subsec. (b), ``chapter 31 of title 31'' substituted for ``the
Second Liberty Bond Act'' on authority of Pub. L. 97-258, Sec. 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title
31, Money and Finance.
Amendments
1973--Subsec. (a). Pub. L. 93-32, Sec. 6, increased from eight times
the paid-in capital and retained earnings of the telephone bank to
twenty times the paid-in capital and retained earnings of the telephone
bank the amount of telephone debentures which may be outstanding at any
one time and struck out provisions directing the insertion by the
telephone bank in all its telephone debentures of appropriate language
indicating that such telephone debentures together with interest thereon
are not guaranteed by the United States and do not constitute a debt or
obligation of the United States or of any agency or instrumentality
thereof other than the telephone bank.
Subsec. (c). Pub. L. 93-32, Sec. 7, added subsec. (c).
1972--Pub. L. 92-324 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 1973 Amendment
Amendment by Pub. L. 93-32 effective May 11, 1973, see section 12 of
Pub. L. 92-32, set out as an Effective Date note under section 930 of
this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-324 effective June 30, 1972, see section 4
of Pub. L. 92-324, set out as an Effective Date note under section 921b
of this title.
Effective Date
Section effective May 7, 1971, see section 7 of Pub. L. 92-12, set
out as a note under section 921a of this title.
Section Referred to in Other Sections
This section is referred to in section 948 of this title.