respectively, unless appropriation acts specify lower annual amounts; and requires that a report be made to the Congress by July 1, 1971, on the status of Government capitalization of each bank with recommendations concerning continuation thereafter of such capitalization.

H.R. 14000 provides that Government capital to be furnished each Bank shall be in an amount equal to all net collection proceeds of the 2 percent REA electric and telephone loan programs, until a total of $1 billion is provided to the Electric Bank and $250 million is provided to the Telephone Bank, and makes no provision for a report at the close of five years of operation.

Comment: It is believed that the $750 million Government capitalization at the annual $50 million rate provided for the Electric Bank in H.R. 14837 is adequate to support the bank's loan program and will supply the equity capital in the amounts as and at the times when needed. The provision of $300 million in annual increments for the Telephone Bank is similarly designed to provide the needed Government capital as and when needed. Provision of capital to the banks in an amount or at a rate greater than needed to support the banks' loan programs is undesirable because it increases the burden on the Budget. Further, the 5-year report provision assures a desirable opportunity for appraisal of the operation of these provisions.

Dividends on Government-held Class A Stock.-H.R. 14837 provides that Class A stock shall receive dividends from earnings otherwise available in their entirety for patronage dividends in proportion to the total amount of Class A and B stock outstanding. H.R. 14000 provides that no dividends shall be payable on Class A stock.

Comment: By far the greater proportion of the earnings of the banks will accrue as the result of the availability and use of Government capital, and the use by the banks of Government facilities and personnel. The Government receives no return on its investment other than the dividends on its Class A stock which are payable only if earned. To the extent the banks produce net earnings, it seems appropriate that the Government participate therein with the borrowers from the banks.

Sale of bank debentures.-H.R. 14837 requires approval of the Secretary of the Treasury as to time of issue, interest rates and other terms and conditions. Under H.R. 14000, consultation only with the Secretary of the Treasury is required. In addition, while the amount of debentures outstanding at any one time under both bills may not exceed 10 times paid in capital and retained earnings (or surplus) of each bank, H.R. 14837 also provides that Congressional appropriation acts may specify lower amounts.

Comment: Treasury approval rather than consultation is required in the interest of orderly debt operation and to assure avoidance of conflict with Treasury and other issues. The provision in H.R. 14837 for Congressional participation through appropriation acts is appropriate so long as the banks remain Federal agencies and issue debentures with Treasury back-up.

Loan purposes.-Although the provisions for loan purposes in both bill are substantially similar, H.R. 14837 does not authorize consumer loans of the type now made under section 5 of the Rural Electrification Act, and includes limitations on loans of the Electric Bank for acquisitions, exchanges of facilities, and generation and transmission facilities, while H.R. 14000 permits section 5-type loans, omits the foregoing limitations, and authorizes loans "for other related purposes." In H.R. 14000, limitations are imposed on Telephone Bank loans for facilities outside of places having a population in excess of 1,500 inhabitants which are absent from H.R. 14837. Further, H.R. 14837 specifically permits the financing of commercial community antenna television facilities; H.R. 14000 makes no such provision.

Comment: So long as the banks are largely Government-capitalized and operated, and are treated as Government corporations, it appears appropriate to impose the limitations upon their loan purposes prescribed in H.R. 14837. These limitations do not impair the basic purpose for which the broadened loan authorization is provided or prevent the banks from meeting essential loan needs which cannot be met under the restrictions applicable to two-percent loans. The CATV financing authority found in H.R. 14837 is designed to enable Telephone Bank financed systems to render the same service in this field as do other telephone systems. This area of operations is becoming increasingly important to telephone systems.

Loan terms and conditions.-(a) The interest rate on intermediate loans under H.R. 14837 is determined by the average market yield on outstanding marketable

obligations of the United States with comparable maturities, or 4 percent, whichever is lower. H.R. 14000 prescribes a formula based on the average rate payable on all interest-bearing obligations of the United States, or 3 percent, whichever is lower.

(b) Under H.R. 14837, all other loans made by the banks must bear interest at a rate which reflects the current average rates payable by the banks on their debentures, and administrative expenses and estimated losses in respect of such loans. H.R. 14000 leaves the determination of the interest rate on such other loans to the bank boards. H.R. 14837 prohibits intermediate loans to borrowers which are capable of paying the higher rate and also meeting program objectives. H.R. 14000 contains no such prohibition but provides for criteria to be established for intermediate rate loans which reflect program objectives.

(c) Under H.R. 14837, the banks' authority to make intermediate loans terminates at the end of 15 years, and a report is to be made to the Congress by July 1, 1971, on the status of the intermediate loan program with recommendations concerning its continuation thereafter. H.R. 14000 contains no such provisions. (d) H.R. 14837 does not contain the provision found in H.R. 14000 that bank loans be secured on an equal basis with loans made by REA.

Comment: (a) Since the intermediate loan is designed as the transitional step to loans at rates fully reflecting the bank's costs, the interest rate provision of H.R. 14837 for such loans appears more realistic. Under present Government security market conditions, the 4 percent rate would in all probability be applicable to intermediate loans made in fiscal 1967. Loans at this rate, amortized over a 50-year term, with a three-year principal deferment, would require debt service payments of $47.28 per $1,000 per year, as compared with $42.40 per $1,000 per year on basic 2 percent 35-year loans. If the 3 percent rate, which would be charged under H.R. 14000 under present market conditions, were applied, the debt service payments on 50-year loans would be $39.76 per $1,000 per year which is less than the $42.40 needed for 2 percent 35-year loans.

(b) Since one of the objectives of the supplemental financing plan embodied in this proposal is ultimate freedom from Federal financial assistance, it is deemed advisable to establish an interest rate which reflects cost to the bank of the financing for those borrowers which no longer need such assistance. The provisions of H.R. 14837 establishing a rate reflecting full bank cost as the top rung of the credit ladder are realistic and are needed to achieve this objective.

(c) The inclusion in H.R. 14837 of a 15-year termination date for the intermediate loan program, while affording an adequate period for its operation geared to estimated requirements, is clear recognition of the intermediate and transitional nature of this program. The 5-year report provision assures the opportunity for a full appraisal of the program at an earlier date.

(d) It is believed that giving bank loans equal security standing with REA loans during the period of Government control is unnecessary in view of the Treasury back-up for bank obligations which will provide adequate security to purchases of bank debentures.

Back-up of bank debentures.-Both bills provide for Treasury loans to the banks when needed for payment of principal or interest on their debentures. H.R. 14000 also provides that the assets in the electric and telephone accounts established in Titles III and V of the bill may be used to pay any difference between the interest cost of bank debentures and interest earned by the banks on their intermediate loans.

Comment: This additional back-up is not needed for marketability of the bank debentures. Properly administered, the bank operations should not require the use of non-repayable Federal funds as provided in H.R. 14000.

Election of directors.-H.R. 14837 provides for bank boards of seven members, consisting of four officials designated by the Secretary of Agriculture and three non-Federal members, initially appointed by the Secretary and thereafter elected for two-year terms by the stockholders of each bank.

H.R. 14000 provides for a board of 10 directors for each bank, specifies four of the five directors representing the Government, and after providing for initial appointment by the President of five non-Federal board members, each with only one-half vote, establishes procedures for the election, from specified geographical areas, of their successors, first by eligible borrowers from the bank and thereafter by bank stockholders.

Comment: The election procedures prescribed in H.R. 14000 for non-Federal board members are unduly cumbersome and do not adequately provide for stock

holder representation. There is no assurance that each of the geographical areas will include enough Class B and C stockholders in the early years of operation to assure meaningful representation of the areas.

Conversion of the banks to private ownership and control.-Under H.R. 14000 provision is made for the conversion of each bank to private ownership and control in two stages: (1) after the total of Class B and C stock exceeds the amount of Class A stock held by the Government, control of the ten-man Board of Directors is divided equally between Federal and non-Federal directors, the voting strength of each non-Federal director being increased to a full vote, the REA Administrator ceases to be Governor of the bank, and Department of Agriculture employees and facilities may no longer be utilized by the banks; and (2) after all Class A stock has been retired, each bank ceases to be a Government agency (although Treasury back-up for future bank debentures would continue), the Federal members of the board cease to be board members, certain statutory rights and privileges of the banks cease, and control and operation passes into private hands.

Under H.R. 14837, provision is made for the submission to Congress of recommended legislation, after all Class A stock has been retired, to effectuate the transfer to non-Federal stockholders of full ownership and control of each bank and to terminate Treasury back-up.

Comment: We believe a more orderly procedure for transition to private ownership and control is provided in H.R. 14837. It does not appear to be advisable to make such definite provisions as appear in H.R. 14000 for events which will, in all probability not occur until more than fifteen years hence. H.R. 14837 provides flexibility in meeting requirements of the future as they develop. Exemption from FPC jurisdiction.-H.R. 14000 contains provisions not contained in H.R. 14837, intended to exempt Electric Bank borrowers from Federal Power Commission jurisdiction.

Comment: This is a question more suitable for consideration in other legislation. This Department is supporting legislation serving this same purpose which has passed the Senate and is now pending before House Committee on Interstate and Foreign Commerce.

Banks as "Wholly-Owned" or "Mixed Ownership" Government Corporations.— H.R. 14000 provides that both banks shall be deemed to be "mixed-ownership Government corporations", thereby making applicable to the banks provisions of the Government Corporation Control Act requiring audits and reports by the General Accounting Office.

H.R. 14837 defines the banks as "wholly-owned Government corporations", thereby making applicable to them provisions of the Government Corporation Control Act relating to the preparation of annual budgets and budget programs, as well as those requiring GAO audits and reports. In addition, H.R. 14837, but not H.R. 14000, expressly provides that neither bank shall undertake new types of activities not included in the annual budget programs.

Comment: Until the substantial Government investments in the banks' capital have been retired, the Government ceases to operate the banks, and Treasury back-up for future debentures has been terminated, the banks essentially are, and should be treated as, "wholly-owned Government corporations." H.R. 14837 consistently deals with the banks as such.

Hon. HAROLD D. COOLEY,

COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, D.C., May 27, 1966.

Chairman, Committee on Agriculture,
House of Representatives.

DEAR MR. CHAIRMAN: We have reviewed the provisions of H.R. 14000 and H.R. 14837. These bills, if either is enacted, would amend the Rural Electrification Act of 1936, as amended, to establish a Federal Electric Bank and a Federal Telephone Bank in the Department of Agriculture for the purpose of obtaining a supply of funds from Federal and nonfederal sources to finance loans to rural electric and telephone systems.

Except for provisions requiring the General Accounting Office to make annual audits of the banks, the proposed legislation concerns policy matters for congressional consideration and therefore, we make no recommendations concerning enactment of the bills. However, we offer certain observations and suggestions for clarification with respect to several sections of the bills.

The proposed sections 402 and 602 of the Rural Electrification Act of 1936, as amended, as contained in both bills establish the general powers of the banks. These powers are specifically stated in H.R. 14837 but are stated in general terms in H.R. 14000. In the absence of stating the specific powers of the banks, there might be a question as to the laws that would govern the expenditure of funds. For example, proposed section 402(g) in H.R. 14837 states that the bank shall determine the character of and the necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid. In the absence of this type of language in H.R. 14000, there might be a question as to whether the expenditures would be subject to the laws applicable to public funds generally.

The proposed sections 403 and 603 in H.R. 14000 provide that as long as the majority of the stock of the electric and telephone banks is owned by the United States, the chief executive officer of the banks (Governor) shall be the Administrator of the Rural Electrification Administration. The bill provides that whenever a majority of the stock of the banks is no longer owned by the Government, the Governor will be chosen by a majority vote of the Board of Directors of the banks.

We believe a stalemate could develop in the election of a Governor and in other proceedings of the Board, because, according to section 411, the voting strength of the five nongovernmental Board members would be increased to five votes which are equal to the five votes available to the Government's five representatives on the Board. We note that H.R. 14837 would continue control by the Government until conversion of the banks to private ownership.

The proposed sections 405 (h) and 605 (f) in H.R. 14837 provide for the payment of dividends on the outstanding class A stock held by the Government and of patronage refunds of class B stockholders out of earnings remaining after the payment of expenses and dividends and after provision for reserves. Thus, no earnings would be available for retirement of the Government's investments until new legislation is enacted. H.R. 14000 does not provide for the payment of dividends on class A stock and calls for the retirement of the Government's investment as soon as practicable.

The proposed sections 410 (b) and 610 (b) in both bills do not provide for annual insufficient funds in the assets of both the electric and telephone banks available for the payment of interest or principal on their debentures, the banks will obtain funds for this purpose by making and issuing notes to the Secretary of the Treasury. We note that these provisions give the banks unlimited borrowing authority from the Treasury in addition to the bank's authority to borrow funds in connection with the capitalization of the banks.

The proposed sections 408(c) and 607(c) in H.R. 14000 provide that at least once a year and at such other times as the banks deem necessary, the financial transactions of the banks will be entitled by auditors designated by the bank boards.

We wish to point out that the Secretary of Agriculture has established the Office of the Inspector General to carry out audits of the activities under the Secretary's responsibility. The above sections would apparently permit the designation of other auditors to review the financial transactions of the banks.

The proposed section 410(b) and 610(b) in both bills do not provide for annual limitations on aggregate amounts of intermediate and other loans which may be made under such sections. We note that proposed sections 302(b) and 502(b) in both bills provide for annual limitations on the amounts of 2-percent loans which may be made. The Congress may also wish to consider the advisability of providing annual congressional review for section 410(b) and section 610(b) loans by establishing a provision that no such loans shall be made in any year in excess of amounts previously authorized in appropriation acts.

The proposed sections 410(b) (2) and 610(b) (2) in both bills provide for interest rates to be computed on the basis of certain interest bearing obligations of the United States or a specified rate (3 or 4 percent), whichever is lower. In this connection we note that in April 1966 the Treasury Department's computed average interest rate on all interest bearing obligations of the United States which is the basis for computing interest under H.R. 14000 was 3.919 percent. As of April 1966 the computed interest on outstanding marketable obligations of the United States with remaining periods of more than 23 years to maturitywhich is the basis indicated for computing interest under H.R. 14837-in effect, was 4.5 percent. Since the interest rates charged under H.R. 14000 and H.R.

14837 are limited to 3 and 4 percent, respectively, the Government would not be reimbursed for interest costs of about 1 percent under H.R. 14000 and about .5 percent under H.R. 14837. In addition, we note that neither bill provides for full recovery of administrative expenses to be incurred by the Department of Agriculture for such expenses as the use of its employees and facilities in the operation of the banks.

The proposed sections 410(b)(2) and 610(b)(2) in H.R. 14000 provide that all other loans made under such sections (i.e., other than intermediate loans) will bear interest at a rate to be determined by the boards. Unlike the corresponding provisions in H.R. 14837, the term "all other loans" is not clearly defined. We note that proposed sections 410(b) (2) and 610(b) (2) in H.R. 14837 provide that intermediate loans shall not be made to a borrower who is determined by the Governor of the bank involved (under standards to be established by the Secretary of Agriculture) to be capable of both paying the interest rate applicable to loans other than intermediate loans and achieving the objective of the Federal rural electrification program; and that those sections also contain loan authority termination provisions. If H.R. 14000 is given favorable consideration, we suggest you may wish to include the same provisions in proposed sections 410(b) (2) and 610(b)(2) in such bill. Also, since, under H.R. 14000 the Board shall determine the interest rates, it would appear to be possible to set such rates at a level which would not compensate for interest cost and administrative expenses.

Both bills would make the banks subject to the provisions of the Government Corporation Control Act. We note that section 4 of H.R. 14000 would place the banks in the category of mixed-ownership Government corporation and, thus not subject to annual budgetary controls; while section 4 of H.R. 14837 would place the banks in the category of wholly owned Government corporations, and thus subject to annual budgetary controls. Further, in this connection, we note that sections 402 and 602 of H.R. 14837 provide that the banks shall undertake no new types of activities not included in the annual budget program under the Government Corporation Control Act.

Also, we have the following suggestions for editorial or technical changes. (1) Proposed section 608 (c) in H.R. 14000 begins with the words "At best"; this should read "At least" to conform to section 408 (c) in the same bill.

(2) Proposed section 405 (b), line 15, H.R. 14000 should read "class C stock" instead of "class stock."

(3) Proposed sections 404 (c) and 604 (c) in H.R. 14000 list the geographical areas to be considered in the election of Board members. We believe the State of Colorado should be added to the listing for Area 4.

DEAR GOVERNOR TOOTELL: Reference is made to the bills recently introduced in Congress to provide additional sources of financing for the Federal rural electrification and rural telephone programs. We are interested that there be no misunderstanding as to the relationship of the lending under such electrification and telephone programs, existing and proposed, to the lending by the banks and associations that operate under supervision of the Farm Credit Administration. In particular, we would like to anticipate inquiries that may arise as to the possible impact on the lending by the production credit associations, which make operating and intermediate-term loans to farmers and ranchers, and the lending by the banks for cooperatives, which make loans to eligible farmer cooperative associations that are engaged in marketing farm products, furnishing farm supplies, or rendering farm business services. There would seem to be no occasion to undertake similar clarification with respect to the Federal land banks which make long-term land mortgage loans to farmers and ranchers.

The proposed legislation for additional financing of the electrification and telephone programs, as presented by the Secretary of Agriculture (the Administration's program), is represented by H.R. 14837. Proposed legislation with