Title 12 — Banks and Banking
Chapter 6A — Export-Import Bank of the United States
§ 635d. Issuance of debentures, bonds, etc.; obligations redeemable; payment of interest; obligations purchasable by Secretary of the Treasury; public-debt transactions
Statutory text
The Export-Import Bank of the United States is authorized to issue from time to time for purchase by the Secretary of the Treasury its notes, debentures, bonds, or other obligations; but the aggregate amount of such obligations outstanding at any one time shall not exceed $6,000,000,000. Such obligations shall be redeemable at the option of the bank before maturity in such manner as may be stipulated in such obligations and shall have such maturity as may be determined by the Board of Directors of the bank with the approval of the Secretary of the Treasury. Each such Bank obligation issued to the Treasury after , shall bear interest at a rate not less than the current average yield on outstanding marketable obligations of the United States of comparable maturity during the month preceding the issuance of the obligation of the Bank as determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Bank issued hereunder and for such purpose the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds of any securities issued after , under chapter 31 of title 31, and the purposes for which securities may be issued under that chapter are extended to include such purpose. Payment under this section of the purchase price of such obligations of the Bank and repayments thereof by the Bank shall be treated as public-debt transactions of the United States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Export-Import Bank Act of 1945
Pub. L. 79–341 § 5 · 59 Stat. 526
Enacted · 12 U.S.C. § 635d
July 31, 1945, ch. 341, § 5, formerly § 6, 59 Stat. 528
Source evidence
Code source credit
July 31, 1945, ch. 341, § 5, formerly § 6, 59 Stat. 528Enacted provision · exact public law section
Sec. 5. (a) The Secretary of the Treasury shall pay to the Reconstruction Finance Corporation the par value of the preferred stock upon its surrender to the Bank for cancellation. For the purpose of making such payments to the Reconstruction Finance Corporation the Secretary of the Treasury is authorized to use as a public-debt transaction 40 Stat. 288. 31 U. S. C. § 774(2); Supp. IV, § 754a et seq. Ante, pp. 47, 48. 59, the proceeds of any securities hereafter issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under that Act are extended to include such purpose. Payment under this subsection to the Reconstruction Finance Corporation shall be treated as public-debt transactions of the United States. (b) Dividends. Any dividends on the preferred stock accumulated and unpaid to the date of its surrender for cancellation shall be paid to the Reconstruction Finance Corporation by the Bank.Pub. L. 85–424 § 1(1) · 72 Stat. 133
Substituted · 12 U.S.C. § 635d
Pub. L. 85–424 substituted “$6,000,000,000” for “$4,000,000,000”
Source evidence
Code amendment note
Pub. L. 85–424 substituted “$6,000,000,000” for “$4,000,000,000”.Enacted provision · exact public law section
(1) by striking out “$4,000,000,000.” from section 6 and inserting in lieu thereof “$6,000,000,000.”; andPub. L. 90–267 § 1(a) · 82 Stat. 47
Changed · 12 U.S.C. § 635d
Pub. L. 90–267 changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”
Source evidence
Code amendment note
Pub. L. 90–267 changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”.Enacted provision · exact public law section
(a) By changing “Export-Import Bank of Washington”, wherever that name refers to the legal entity created by the Export-Import Bank Act of 1945, to “Export-Import Bank of the United States”.Pub. L. 93–646 § 7 · 88 Stat. 2333
Substituted · 12 U.S.C. § 635d
Pub. L. 93–646 substituted provision making mandatory that each Bank obligation bear interest at a rate not less than the current average yield on outstanding obligations of comparable maturity, for provision requiring that only the current average rate be taken into consideration
Source evidence
Code amendment note
Pub. L. 93–646 substituted provision making mandatory that each Bank obligation bear interest at a rate not less than the current average yield on outstanding obligations of comparable maturity, for provision requiring that only the current average rate be taken into consideration.Enacted provision · exact public law section
Sec. 7. interest rate on obligations of the bank Section 6 of the Export-Import Bank Act of 1945 is amended by striking the third sentence and inserting in lieu thereof the following new sentence: “Each such Bank obligation issued to the Treasury after the enactment of the Export-Import Bank Amendments of 1974 shall bear interest at a rate not less than the current average yield on outstanding marketable obligations of the United States of comparable maturity during the month preceding the issuance of the obligation of the Bank as determined by the Secretary of the Treasury.”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Codification
“Chapter 31 of title 31” and “that chapter” substituted in text for “the Second Liberty Bond Act, as amended” and “that Act”, respectively, on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Prior Provisions
A prior section 5 of act July 31, 1945, ch. 341, was classified to section 635c of this title, prior to repeal by Pub. L. 102–429, § 121(c)(1).
Amendments1947–1975 · 6 rounds
1975
Pub. L. 93–646 substituted provision making mandatory that each Bank obligation bear interest at a rate not less than the current average yield on outstanding obligations of comparable maturity, for provision requiring that only the current average rate be taken into consideration.
1968
Pub. L. 90–267 changed name of “Export-Import Bank of Washington” to “Export-Import Bank of the United States”.
1958
Pub. L. 85–424 substituted “$6,000,000,000” for “$4,000,000,000”.
1954
Act , substituted “$4,000,000,000” for “three and one-half times the authorized capital stock of the Bank”.
1951
Act , substituted “three and one-half” for “two and one-half”.
1947
Act , struck out “and bear such rate of interest” before “as may be determined” in the second sentence and added the third sentence relating to the rate of interest on obligations.
Statutory Notes and Related Subsidiaries
Effective Date of 1954 Amendment
For effective date of amendment by act , see note set out under section 635a of this title.
Board of Directors
A Board of Directors reestablished for the Export-Import Bank of Washington, see note under section 635 of this title.
Credits
1945–1992 · 8 acts
- 1945July 31, 1945, ch. 341, § 5, formerly § 6, 59 Stat. 528
- 1947June 9, 1947, ch. 101, § 2, 61 Stat. 131
- 1951Oct. 3, 1951, ch. 445, § 1(a), 65 Stat. 367
- 1954Aug. 9, 1954, ch. 660, § 3(a), 68 Stat. 678
- 1958Pub. L. 85–424, § 1(1), , 72 Stat. 133
- 1968Pub. L. 90–267, § 1(a), , 82 Stat. 47
- 1975Pub. L. 93–646, § 7, , 88 Stat. 2336
- 1992renumbered § 5, Pub. L. 102–429, title I, § 121(c)(2), , 106 Stat. 2199.
Show as published
(July 31, 1945, ch. 341, § 5, formerly § 6, 59 Stat. 528; June 9, 1947, ch. 101, § 2, 61 Stat. 131; Oct. 3, 1951, ch. 445, § 1(a), 65 Stat. 367; Aug. 9, 1954, ch. 660, § 3(a), 68 Stat. 678; Pub. L. 85–424, § 1(1), , 72 Stat. 133; Pub. L. 90–267, § 1(a), , 82 Stat. 47; Pub. L. 93–646, § 7, , 88 Stat. 2336; renumbered § 5, Pub. L. 102–429, title I, § 121(c)(2), , 106 Stat. 2199.)