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Laws and regulations for discharging debt copy
Laws and regulations for discharging debt copy
(D)
“appropriate regulatory agency” has the meaning prescribed in section 3(a)(34)(G)
of the Securities Exchange Act of 1934.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 944; Pub. L. 97–452, § 1(9), Jan. 12, 1983, 96
Stat. 2468; Pub. L. 99–571, title II, § 201(a), Oct. 28, 1986, 100 Stat. 3222; Pub. L. 111–
147, title V, § 502(d), Mar. 18, 2010, 124 Stat. 108.)
31 U.S. Code § 3122 - Banks and
trust companies as depositaries
(a)
The Secretary of the Treasury may designate incorporated banks and trust
companies as depositaries for any part of proceeds of an obligation issued under
this chapter. The Secretary may prescribe the conditions under which deposits may
be made under this section, including the interest rate on amounts deposited and
security requirements.
(b)
The Secretary may designate a bank or trust company that is a depositary under
subsection (a) of this section as a fiscal agent of the United States Government in
selling and delivering bonds and certificates of indebtedness issued by the
Government.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 945.)
CROSS REFERENCES
Acquisition and use of gold in violation of law to subject the gold to forfeiture
and subject person to penalty equal to twice the value of the gold, see
section 443 of this title.
All coins and currencies of United States as legal tender, see sections 462
and 821 of this title.
Gold coinage discontinued and existing gold coins withdrawn from
circulation, see section 315b of this title.
Provisions requiring obligations to be payable in gold declared against public
policy, see section 483 of this title.
CROSS REFERENCES
All coins and currencies of the United States, including Federal Reserve
notes and circulating notes of Federal Reserve banks and banking
associations, to be legal tender for payment of public debts, public charges,
taxes, duties, and dues, see sections 462 and 463 of this title.
Obligations payable in any coin or currency which at the time is a legal
tender notwithstanding a provision for payment in a particular kind of coin or
currency, see section 463 of this title.
CROSS REFERENCES
All coins and currencies of the United States, Including Federal Reserve
notes and circulating notes of Federal Reserve banks and banking
associations, to be legal tender for payment of public debt, public charges,
taxes, duties and dues, see sections 462 and 821 of this title.
(A)
any officer or employee of a creditor while, in the name of the creditor,
collecting debts for such creditor;
(B)
any person while acting as a debt collector for another person, both of whom are
related by common ownership or affiliated by corporate control, if the person
acting as a debt collector does so only for persons to whom it is so related or
affiliated and if the principal business of such person is not the collection of debts;
(C)
any officer or employee of the United States or any State to the extent that
collecting or attempting to collect any debt is in the performance of his official
duties;
(D)
any person while serving or attempting to serve legal process on any other person
in connection with the judicial enforcement of any debt;
(E)
any nonprofit organization which, at the request of consumers, performs bona
fide consumer credit counseling and assists consumers in the liquidation of
their debts by receiving payments from such consumers and distributing such
amounts to creditors; and
(F)
any person collecting or attempting to collect any debt owed or due or asserted to
be owed or due another to the extent such activity (i) is incidental to a bona fide
fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which
was originated by such person; (iii) concerns a debt which was not in default at the
time it was obtained by such person; or (iv) concerns a debt obtained by such
person as a secured party in a commercial credit transaction involving the creditor.
(7)
The term “location information” means a consumer’s place of abode and his
telephone number at such place, or his place of employment.
(8)
The term “State” means any State, territory, or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision
of any of the foregoing.
(Pub. L. 90–321, title VIII, § 803, as added Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 875;
amended Pub. L. 99–361, July 9, 1986, 100 Stat. 768; Pub. L. 111–203, title X,
§ 1089(2), July 21, 2010, 124 Stat. 2092.)
31 U.S. Code § 3124 - Exemption
from taxation
(a)Stocks and obligations of the United States Government are exempt from
taxation by a State or political subdivision of a State. The exemption applies to each
form of taxation that would require the obligation, the interest on the obligation, or
both, to be considered in computing a tax, except—
(1)
a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise
tax, imposed on a corporation; and
(2)
an estate or inheritance tax.
(b)
The tax status of interest on obligations and dividends, earnings, or other income
from evidences of ownership issued by the Government or an agency and the tax
treatment of gain and loss from the disposition of those obligations and evidences
of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.). An obligation that the Federal Housing Administration had agreed, under a
contract made before March 1, 1941, to issue at a future date, has the tax
exemption privileges provided by the authorizing law at the time of the contract.
This subsection does not apply to obligations and evidences of ownership issued by
the District of Columbia, a territory or possession of the United States, or a
department, agency, instrumentality, or political subdivision of the District,
territory, or possession.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 945; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095.)
(a)
Under regulations prescribed by the Secretary of the Treasury, a loss resulting from
a payment related to redeeming a savings bond or savings note shall be replaced
out of the fund established by section 17303(a) of title 40. A Federal reserve bank, a
paying agent allowed to make payments in redeeming a bond or note, or an officer
or employee of the Department of the Treasury is relieved from liability to the
United States Government for the loss when the Secretary decides that the loss did
not result from the fault or negligence of the bank, paying agent, officer, or
employee. The Secretary shall relieve the bank, agent, officer, or employee from
liability when the Secretary decides that written notice of liability or potential
liability has not been given to the bank, agent, officer, or employee by the
Government within 10 years from the date of the erroneous payment. However,
the Secretary may not relieve a paying agent of an assumed unconditional liability
to the Government.
(b)
Section 17304(c) of title 40 applies to a decision of the Secretary made under this
section. A recovery or repayment of a loss for which replacement is made out of the
fund shall be credited to the fund and is available for the purposes for which the
fund was established.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 946; Pub. L. 107–217, § 3(h)(4), Aug. 21,
2002, 116 Stat. 1299.)
(2)
.1 percent of the amount of certificates of indebtedness authorized under section
3104 of this title; and
(3)
.1 percent of the amount of certificates of indebtedness authorized under the First
Liberty Bond Act.
(b)
An appropriation under this section is available for obligation only through the end
of the fiscal year after the fiscal year in which the issue was made. During a period
for which an appropriation for a specified amount is made for expenses for which
this section makes an appropriation for an unspecified amount, only the
appropriation for the specified amount is available for obligation.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 947.)
31 U.S. Code § 3130 - Annual public
debt report
(a)General Rule.—On or before June 1 of each calendar year after 1993, the
Secretary of the Treasury shall submit a report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on—
(1)
the Treasury’s public debt activities, and
(2)
the operations of the Federal Financing Bank.
(b)Required Information on Public Debt Activities.—Each report submitted
under subsection (a) shall include the following information:
(1)A table showing the following information with respect to the total public debt:
(A)
The past levels of such debt and the projected levels of such debt as of the close of
the current fiscal year and as of the close of the next 5 fiscal years under the most
recent current services baseline projection of the executive branch.
(B)
The past debt to GDP ratios and the projected debt to GDP ratios as of the close of
the current fiscal year and as of the close of the next 5 fiscal years under such most
recent current services baseline projection.
(2)A table showing the following information with respect to the net public debt:
(A)
The past levels of such debt and the projected levels of such debt as of the close of
the current fiscal year and as of the close of the next 5 fiscal years under the most
recent current services baseline projection of the executive branch.
(B)
The past debt to GDP ratios and the projected debt to GDP ratios as of the close of
the current fiscal year and as of the close of the next 5 fiscal years under such most
recent current services baseline projection.
(C)
The interest cost on such debt for prior fiscal years and the projected interest cost
on such debt for the current fiscal year and for the next 5 fiscal years under such
most recent current services baseline projection.
(D)
The interest cost to outlay ratios for prior fiscal years and the projected interest
cost to outlay ratios for the current fiscal year and for the next 5 fiscal years under
such most recent current services baseline projection.
(3)
A table showing the maturity distribution of the net public debt as of the time the
report is submitted and for prior years, and an explanation of the overall financing
strategy used in determining the distribution of maturities when issuing public debt
obligations, including a discussion of the projections and assumptions with respect
to the structure of interest rates for the current fiscal year and for the succeeding 5
fiscal years.
(4)A table showing the following information as of the time the report is submitted
and for prior years:
(A)
A description of the various categories of the holders of public debt obligations.
(B)
The portions of the total public debt held by each of such categories.
(5)
A table showing the relationship of federally assisted borrowing to total Federal
borrowing as of the time the report is submitted and for prior years.
(6)
A table showing the annual principal and interest payments which would be
required to amortize in equal annual payments the level (as of the time the report
is submitted) of the net public debt over the longest remaining term to maturity of
any obligation which is a part of such debt.
(c)Required Information on Federal Financing Bank.—
Each report submitted under subsection (a) shall include (but not be limited to)
information on the financial operations of the Federal Financing Bank, including
loan payments and prepayments, and on the levels and categories of the lending
activities of the Federal Financing Bank, for the current fiscal year and for prior
fiscal years.
(d)Recommendations.—
The Secretary of the Treasury may include in any report submitted under
subsection (a) such recommendations to improve the issuance and sale of public
debt obligations (and with respect to other matters) as he may deem advisable.
(e)Definitions.—For purposes of this section—
(1)Current fiscal year.—
The term “current fiscal year” means the fiscal year ending in the calendar year in
which the report is submitted.
(2)Total public debt.—
The term “total public debt” means the total amount of the obligations subject to
the public debt limit established in section 3101 of this title.
(3)Net public debt.—
The term “net public debt” means the portion of the total public debt which is held
by the public.
(4)Debt to gdp ratio.—
The term “debt to GDP ratio” means the percentage obtained by dividing the level
of the total public debt or net public debt, as the case may be, by the gross
domestic product.
(5)Interest cost to outlay ratio.—
The term “interest cost to outlay ratio” means, with respect to any fiscal year, the
percentage obtained by dividing the interest cost for such fiscal year on the net
public debt by the total amount of Federal outlays for such fiscal year.
(Added Pub. L. 103–202, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2355.)
PART 328—RESTRICTIVE
ENDORSEMENTS OF U.S. BEARER
SECURITIES
Authority:R.S. 3706; 40 Stat. 288, 502, 1309; 46 Stat. 20; 48 Stat. 343; 49 Stat. 20; 56 Stat. 189;
73 Stat. 622; 85 Stat. 5, 74 (31 U.S.C. 738a, 739, 752, 752a, 753, 754, 754a and 754b); and 5
U.S.C. 301.
Source:38 FR 10682, Apr. 30, 1973, unless otherwise noted.
(a) By or through banks for payment at or after their maturity or call date, or in exchange for
any securities under any exchange offering,
(c) By or through banks at any time prior to their maturity or call date for redemption at par
and application of the entire proceeds in payment of Federal estate taxes, provided said
securities by the terms of their issue are eligible for such redemption, and
(d) By Service Center Directors and District Directors, Internal Revenue Service, for
redemption, with the proceeds to be applied in payment of taxes (other than securities
presented under paragraph (c) of this section).
These regulations do not apply to bearer securities presented for any other transactions, or to
registered securities assigned in blank, or to bearer, or so assigned as to become, in effect,
payable to bearer.
§ 328.2 Definitions.
Certain words and terms, as used in these regulations, are defined as follows:
(a) Banks refer to, and include, incorporated banks (i.e., banks doing a general commercial
banking business), incorporated trust companies (i.e., trust companies doing either a general
banking business or a general trust business), and savings and loan associations, building and
loan associations, and such other financial institutions as may be designated by the Federal
Reserve banks. This definition is limited to institutions incorporated within the United States,
its territories and possessions, the Commonwealth of Puerto Rico and the Canal Zone.
(b) Bearer securities or securities are those which are payable on their face to bearer, the
ownership of which is not recorded. They include Treasury bonds,Treasury notes, Treasury
certificates of indebtedness, and Treasury bills.
Reminder- When they use the word “include” that means they are
excluding something.
§ 328.3 Authorization for restrictive endorsements.
(a) By banks. Banks are authorized, under the conditions and in the form hereinafter
provided, to place restrictive endorsements upon the face of bearer securities owned by
themselves or their customers for the purpose of presentation to Federal Reserve banks
or branches, or to the Bureau of the Fiscal Service, as follows: (<—- A is us)
(1) For payment or redemption—at any time within 1 calendar month prior to their maturity
date, or the date on which they become payable pursuant to a call for redemption, or at any
time after their maturity or call date;
(2) For exchange—during any period for their presentation pursuant to an exchange offering;
(3) For redemption at par in payment of Federal estate taxes (only eligible securities)—at any
time prior to their maturity or call redemption date; and
(4) For conversion to book-entry securities under subpart O of part 306 of this chapter—at
any time prior to their maturity or call redemption date.
(b) By Service Center Directors and District Directors, Internal Revenue Service. Service
Center Directors and District Directors, Internal Revenue Service, are authorized, under the
conditions and in the form hereinafter provided, to place restrictive endorsements upon the face
of bearer securities for the purpose of presentation to Federal Reserve banks or branches, or to
the Bureau of the Fiscal Service, for redemption and application of the proceeds in payment of
taxes (other than securities presented for redemption at par and application of the proceeds in
payment of Federal estate taxes).
(c) Instructions from Federal Reserve banks. Federal Reserve banks will inform eligible
banks and Service Center Directors and District Directors, Internal Revenue Service, in their
respective districts as to the procedure to be followed under the authority granted by these
regulations. Restrictive endorsements shall not be placed on securities until such information is
received from the Federal Reserve banks.
(1) For payment or exchange. The endorsement placed on a bearer security presented for
payment or exchange by a bank should be in the following form:
For presentation to the Federal Reserve Bank of __________, Fiscal Agent of the United States,
for redemption or in exchange for securities of a new issue, in accordance with written
instructions submitted by __________. (Insert name of presenting bank)
(2) For redemption at par. The endorsement placed on a bearer security presented for
redemption at par in payment of Federal estate taxes should be in the following form:
For presentation to the Federal Reserve Bank of ________, Fiscal Agent of the United States, for
redemption at par in payment of Federal estate taxes, in accordance with written instructions
submitted by ________________. (Insert name of presenting bank)
(b) For conversion to book-entry securities. The endorsement placed on a bearer security
presented for conversion to a book-entry security shall be in the following form:
For presentation to the Federal Reserve Bank of _________, Fiscal Agent of the United States,
for conversion to book-entry securities by _________. (Insert name of presenting bank)
(c) When presented by Service Center Directors or District Directors, Internal Revenue
Service. The endorsement placed on a bearer security by a Service Center Director or a District
Director, Internal Revenue Service, should be in the following form:
For presentation to the Federal Reserve Bank of _______;, Fiscal Agent of the United States, for
redemption, the proceeds to be credited to the account of the Service Center Director, Internal
Revenue Service, at _____, for credit on the Federal _________ (Income, gifts, or other) taxes
due from _________. (Name and address)
Signature Endorsements