Title 46, ShippingRelease 119-110

§53723 Payments by Secretary or Administrator and Issuance of Obligations

Title 46 › Subtitle V — Merchant Marine › Part C — Financial Assistance Programs › CHAPTER 537 — LOANS AND GUARANTEES › SUBCHAPTER II — DEFAULT PROVISIONS › § 53723

Last updated Sep 22, 2026|Official source

Summary

Payments the Secretary or Administrator must make under sections 53721 or 53722 must be paid in cash. If the account under section 53717 does not have enough money, the Secretary or Administrator can issue obligations (IOUs) to the Secretary of the Treasury. The Secretary or Administrator, with the Treasury Secretary’s approval, decides the form, denomination, maturity, and other terms except the interest rate. The Treasury Secretary sets the interest rate using the average market yield on similar U.S. marketable securities from the month before the obligations are issued. The Treasury must buy those obligations and may use proceeds from selling securities under chapter 31 of title 31 to do so. The chapter 31 authority is expanded to allow these purchases. The Treasury may later sell, redeem, or buy back the obligations, and those actions count as public debt transactions. Any money borrowed this way must be put into the correct account under section 53717, and redemptions are paid from that account.

Full Legal Text

Title 46, §53723

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(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5372346 App.:1275(d).June 29, 1936, ch. 858, title XI, § 1105(d), as added June 23, 1938, ch. 600, § 46, 52 Stat. 972; Aug. 15, 1953, ch. 513, § 3, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 5, 68 Stat. 1272; Aug. 7, 1956, ch. 1026, § 1(e)–(g), 70 Stat. 1087; Pub. L. 85–520, July 15, 1958, 72 Stat. 358; Pub. L. 91–469, § 33, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 914; Pub. L. 96–561, title II, § 220(4), Dec. 22, 1980, 94 Stat. 3294; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 97–35, title XVI, § 1606(e), Aug. 13, 1981, 95 Stat. 752. In subsections (b) and (d), the words “appropriate account under section 53717 of this title” are substituted for “Federal Ship Financing Fund” because the accounts under section 53717 replace the Federal Ship Financing Fund. See the explanation for section 53717.

Editorial Notes

Amendments

2008—Pub. L. 110–181, § 3522(b), repealed Pub. L. 109–163, § 3507(a)(1)(G). See 2006 Amendment note below. Subsecs. (a), (b), (d). Pub. L. 110–181, § 3522(a)(10)(B), incorporated the substance of the amendment by Pub. L. 109–163, § 3507(a)(1)(G), into this section by inserting “or Administrator” after “Secretary” in section catchline and wherever appearing in text, except when followed by “of the Treasury”. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. 2006—Pub. L. 109–163, § 3507(a)(1)(G), which directed the amendment of section 1275(d) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3522(b). See 2008 Amendment note for subsecs. (a), (b), (d) and

Historical and Revision Notes

above.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53723

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110