**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
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Stable record: federal_law:legal_authorities:record_usc_67122e29c9c2ab69aac53015 Source file: Laws/federal/codes/united-states-code/title-19/section-2101-agricultural-disaster-relief-trust-fund--5cb5154132.md Pages: Not recorded – Not recorded Passage SHA-256: 111816dc509acc58b638bd291dde46fc95980fda4f39be6a541ca4665075a4fe Retained source evidence SHA-256: c9066f425774df5361a51055c027e059285a2e036bbcd48a3555ca2cf826cae2
Source location: Title 19, Chapter 12, § 2101; chapter-012-trade-act-of-1974.md
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**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.
**(c) Administration**
(1) **Reports** — The Secretary of the Treasury shall be the trustee of the Agricultural Disaster Relief Trust Fund and shall submit an annual report to Congress each year on the financial condition and the results of the operations of such Trust Fund during the preceding fiscal year and on its expected condition and operations during the 4 fiscal years succeeding such fiscal year. Such report shall be printed as a House document of the session of Congress to which the report is made.
(2) **Investment**
(A) *In general* — The Secretary of the Treasury shall invest such portion of the Agricultural Disaster Relief Trust Fund as is not in his judgment required to meet current withdrawals. Such investments may be made only in interest bearing obligations of the United States. For such purpose, such obligations may be acquired—
(i) on original issue at the issue price, or
(ii) by purchase of outstanding obligations at the market price.
(B) *Sale of obligations* — Any obligation acquired by the Agricultural Disaster Relief Trust Fund may be sold by the Secretary of the Treasury at the market price.
(C) *Interest on certain proceeds* — The interest on, and the proceeds from the sale or redemption of, any obligations held in the Agricultural Disaster Relief Trust Fund shall be credited to and form a part of such Trust Fund.
**(d) Expenditures from Trust Fund** Amounts in the Agricultural Disaster Relief Trust Fund shall be available for the purposes of making expenditures to meet those obligations of the United States incurred under [section 2497 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2497&num=0&edition=prelim) or [section 1531 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1531&num=0&edition=prelim) (as such sections are in effect on the date of the enactment of the Food, Conservation, and Energy Act of 2008).
**(e) Authority to borrow**
(1) **In general** — There are authorized to be appropriated, and are appropriated, to the Agricultural Disaster Relief Trust Fund, as repayable advances, such sums as may be necessary to carry out the purposes of such Trust Fund.
(2) **Repayment of advances**
(A) *In general* — Advances made to the Agricultural Disaster Relief Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in such Trust Fund.
(B) *Rate of interest* — Interest on advances made pursuant to this subsection shall be—
(i) at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and
(ii) compounded annually.
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Federal law — U.S. Code and appendices · legal_authorities
§ 2101. Short title
This chapter may be cited as the ‘‘Trade Act
of 1974’’.
(Pub. L. 93–618, § 1, Jan. 3, 1975, 88 Stat. 1978.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–618, which in addition
to enacting this chapter enacted section 1863 of this
title, amended sections 160, 162, 163, 164, 170a, 1202, 1303,
1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862,
1872, 1885, and 1981 of this title, sections 5312, 5314, 5315,
and 5316 of Title 5, Government Organization and Em-
ployees, section 301 of Title 13, Census, section 3302 of
Title 26, Internal Revenue Code, sections 2631 and 2632
of Title 28, Judiciary and Judicial Procedure, and sec-
tion 665 of former Title 31, Money and Finance, re-
pealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833,
1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883,
1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931,
1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972,
1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and
enacted provisions set out as notes under this section
and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901,
and 2271 of this title and section 301 of Title 13, Census.
Statutory Notes and Related Subsidiaries
REFERENCES TO OTHER LAWS DEEMED REFERENCES TO
TRADE ACT OF 1974
Pub. L. 93–618, title VI, § 602(f), Jan. 3, 1975, 88 Stat.
2072, as amended by Pub. L. 96–39, title XI, § 1106(h)(3),
July 26, 1979, 93 Stat. 313, provided that: ‘‘All provisions
of law (other than this Act [this chapter], the Trade
Expansion Act of 1962 [chapter 7 of this title], and the
Trade Agreements Extension Act of 1951 [see Short
Title of 1951 Amendment no