§2006 — Title 39 Postal Service | U.S. Code

Summary

At least 15 days before selling any debt under sections 2005 or 2011, the Postal Service must tell the Secretary of the Treasury how much it plans to sell, the planned sale date, the maturities, the terms, and the highest interest rates it expects, and it must talk with the Secretary about those plans. The Secretary can choose to buy the debt on agreed terms, but the yield he accepts cannot be lower than the current yield on similar Treasury securities. If the Secretary does not buy it, the Postal Service may sell to others after notifying and consulting with him. Under those rules, the Postal Service can require the Secretary to buy amounts under section 2005 so that the Secretary’s holdings do not go over $2,000,000,000 at any one time, but the Secretary may buy more if he wants. If the Postal Service asks the Secretary to have the U.S. government fully back the debt, and the Secretary decides it is in the public interest, the debt becomes a government obligation with a full guarantee of principal and interest, and that guarantee must be shown on the debt itself.

Title 39, §2006

Postal Service — Source: USLM XML via OLRC

(a)At least 15 days before selling any issue of obligations under section 2005 or 2011 of this title, the Postal Service shall advise the Secretary of the Treasury of the amount, proposed date of sale, maturities, terms and conditions, and expected maximum rates of interest of the proposed issue in appropriate detail and shall consult with him or his designee thereon. The Secretary may elect to purchase such obligations under such terms, including rates of interest, as he and the Postal Service may agree, but at a rate of yield no less than the prevailing yield on outstanding marketable Treasury securities of comparable maturity, as determined by the Secretary. If the Secretary does not purchase such obligations, the Postal Service may proceed to issue and sell them to a party or parties other than the Secretary upon notice to the Secretary and upon consultation as to the date of issuance, maximum rates of interest, and other terms and conditions.

(b)Subject to the conditions of subsection (a) of this section, the Postal Service may require the Secretary of the Treasury to purchase obligations of the Postal Service under section 2005 in such amounts as will not cause the holding by the Secretary of the Treasury resulting from such required purchases to exceed $2,000,000,000 at any one time. This subsection shall not be construed as limiting the authority of the Secretary to purchase obligations of the Postal Service under section 2005 in excess of such amount.

(c)Notwithstanding section 2005(d)(5) or 2011(e)(4)(E) of this title, obligations issued by the Postal Service shall be obligations of the Government of the United States, and payment of principal and interest thereon shall be fully guaranteed by the Government of the United States, such guaranty being expressed on the face thereof, if and to the extent that—

(1)the Postal Service requests the Secretary of the Treasury to pledge the full faith and credit of the Government of the United States for the payment of principal and interest thereon; and

(2)the Secretary, in his discretion, determines that it would be in the public interest to do so.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–435, § 401(b)(4)(A), inserted “or 2011” after “section 2005” in first sentence. Subsec. (b). Pub. L. 109–435, § 401(b)(4)(B), inserted “under section 2005” before “in such amounts” in first sentence and before “in excess of such amount.” in second sentence. Subsec. (c). Pub. L. 109–435, § 401(b)(4)(C), inserted “or 2011(e)(4)(E)” after “section 2005(d)(5)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

§2006 Relationship Between the Treasury and the Postal Service