Title 12 — Banks and Banking
Part B · Chapter 23 — Farm Credit System
§ 2250. Farm Credit Administration operating expenses fund
Statutory text
Determinations required
Generally
Prior to the first day of each fiscal year, the Farm Credit Administration shall determine—
the cost of administering this chapter for the subsequent fiscal year, including expenses for official functions;
the amount of assessments that will be required to pay such administrative expenses, taking into consideration the funds contained in the Administrative Expense Account, and maintain a necessary reserve; and
the amount of assessments that will be required to pay the costs of supervising and examining the Mortgage Corporation established under subchapter VIII.
Apportionments
On the basis of the determinations made under paragraph (1), the Farm Credit Administration shall—
apportion the amount of the assessment described in paragraph (1)(B) among the System institutions on a basis that is determined to be equitable by the Farm Credit Administration;
assess and collect such apportioned amounts from time to time during the fiscal year as determined necessary by the Farm Credit Administration; and
assess and collect from the Mortgage Corporation, from time to time during the fiscal year, the amount described in paragraph (1)(C).
Deposits into fund
Treasury fund
The amounts collected under subsection (a) shall be deposited in the Farm Credit Administration Administrative Expense Account. The Expense Account shall be maintained in the Treasury of the United States and shall be available, without regard, for purposes of sequestration, to the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.], to pay the expenses of the Farm Credit Administration.
Nongovernment funds
The funds contained in the Expense Account shall not be construed to be Federal Government funds or appropriated moneys.
Investment
Authority
On request of the Farm Credit Administration, the Secretary of the Treasury shall invest and reinvest such amounts contained in the Expense Account as, in the determination of the Farm Credit Administration, are in excess of the amounts necessary for current expenses of the Farm Credit Administration.
Returns
All income earned from such investments and reinvestments shall be deposited in the Expense Account.
Type
Such investments shall be made in public debt securities with maturities suitable to the needs of the Expense Account, as determined by the Farm Credit Administration, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.
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.
Farm Credit Act of 1971
Pub. L. 92–181 title V § 5 · 85 Stat. 583
Enacted · 12 U.S.C. § 2250
Pub. L. 92–181, title V, § 5.15, formerly § 5.16, Dec. 10, 1971, 85 Stat. 620
Source evidence
Code source credit
Pub. L. 92–181, title V, § 5.15, formerly § 5.16, Dec. 10, 1971, 85 Stat. 620Enacted provision · exact public law section
(5) Acquire, hold, dispose, and otherwise exercise all the usual incidents of ownership of real and personal property necessary or convenient to its business.Farm Credit Amendments Act of 1985
Pub. L. 99–205 § 205(g)(6) · 99 Stat. 1678
Substituted · 12 U.S.C. § 2250(b)
Pub. L. 99–205, § 205(g)(6), substituted “the Farm Credit Administration” for “said Administration” twice in first sentence, and for “the Administration” and “such Administration” in second sentence
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–205, § 205(g)(6), substituted “the Farm Credit Administration” for “said Administration” twice in first sentence, and for “the Administration” and “such Administration” in second sentence.Enacted provision · exact public law section
(6) in section 5.15(b), as so redesignated by section 201(5)— Ante, p. 1690. 12 USC 2250. (A) striking out “said Administration” both places that phrase appears in the first sentence and inserting in lieu thereof “the Farm Credit Administration”; and (B) striking out “the Administration” and “such Administration” in the second sentence and inserting in lieu thereof “the Farm Credit Administration”.Agricultural Credit Act of 1987
Pub. L. 100–233 title IV § 432(a) · 101 Stat. 1568
Amended · 12 U.S.C. § 2250
Pub. L. 100–233 amended section generally. Prior to amendment, section read as follows:
Source evidence
Code amendment note
Pub. L. 100–233 amended section generally. Prior to amendment, section read as follows:“(a) The Farm Credit Administration shall prior to the first day of each fiscal year estimate the cost of administrative expenses for the ensuing fiscal year in administering this chapter, including official functions, and shall apportion the amount so determined among the institutions of the System on such equitable basis as the Farm Credit Administration shall determine, and shall assess against and collect in advance the amounts so apportioned from the institutions among which the apportionment is made. “(b) The amounts collected pursuant to subsection (a) of this section shall be covered into the Treasury, and credited to a special fund and, without regard to other law, shall be available to the Farm Credit Administration for expenditure during each fiscal year for salaries and expenses of the Farm Credit Administration. As soon as practicable after the end of each such fiscal year, the Farm Credit Administration shall determine, on a fair and reasonable basis, the cost of operation of the Farm Credit Administration and the part thereof which fairly and equitably should be allocated to each bank and association as its share of the cost during the fiscal year of the Farm Credit Administration. If the amount so allocated is greater than the amount collected from the bank or other institutions, the difference shall be collected from such bank or other institutions, and, if less, shall be refunded from the special fund to the bank or other institutions entitled thereto or credited in the special fund to such bank or other institutions for use for the same purposes in future fiscal years.”
Enacted provision · exact public law section
(a) Operating Expenses Fund.— Section 5.15 (12 U.S.C. 2249) is amended to read as follows: “SEC. 5.15. FARM CREDIT ADMINISTRATION OPERATING EXPENSES FUND. “(a) Determinations Required.— “(1) Generally.— Prior to the first day of each fiscal year, the Farm Credit Administration shall determine— “(A) the cost of administering this Act for the subsequent fiscal year, including expenses for official functions; “(B) the amount of assessments that will be required to pay such administrative expenses, taking into consideration the funds contained in the Administrative Expense Account, and maintain a necessary reserve; and “(C) the amount of assessments that will be required to pay the costs of supervising and examining the Mortgage Corporation established under title VIII. “(2) Apportionments.— On the basis of the determinations made under paragraph (1), the Farm Credit Administration shall— “(A) apportion the amount of such assessment among the System institutions on a basis that is determined to be equitable by the Farm Credit Administration; “(B) assess and collect such apportioned amounts from time to time during the fiscal year as determined necessary by the Farm Credit Administration; and “(C) assess and collect from the Mortgage Corporation, from time to time during the fiscal year, the amount specified in paragraph (1)(C). “(b) Deposits into Fund.— “(1) Treasury fund.— The amounts collected under subsection (a) shall be deposited in the Farm Credit Administration Administrative Expense Account. The Expense Account shall be maintained in the Treasury of the United States and shall be available, without regard to the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 note) or any other law, to pay the expenses of the Farm Credit Administration. “(2) Nongovernment funds.— The funds contained in the Expense Account shall not be construed to be Federal Government funds or appropriated moneys. “(3) Investment.— “(A) Authority.— On request of the Farm Credit Administration, the Secretary of the Treasury shall invest and reinvest such amounts contained in the Expense Account as, in the determination of the Farm Credit Administration, are in excess of the amounts necessary for current expenses of the Farm Credit Administration. “(B) Returns.— All income earned from such investments and reinvestments shall be deposited in the Expense Account. “(C) Type.— Such investments shall be made in public debt securities with maturities suitable to the needs of the Expense Account, as determined by the Farm Credit Administration, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.”.Effective date note
Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.Agricultural Credit Technical Corrections Act of 1988
Pub. L. 100–399 § 416(a) · 102 Stat. 989
Substituted · 12 U.S.C. § 2250(a)(2)(A)
Pub. L. 100–399, § 416(a), substituted “the assessment described in paragraph (1)(B)” for “such assessment”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 100–399, § 416(a), substituted “the assessment described in paragraph (1)(B)” for “such assessment”.Enacted provision · exact public law section
(a) Section 5.15(a)(2)(A) is amended by striking out “such assessment” and inserting in lieu thereof “the assessment described in paragraph (1)(B)”.Effective date note
Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.Agricultural Credit Technical Corrections Act of 1988
Pub. L. 100–399 § 416(b) · 102 Stat. 989
Substituted · 12 U.S.C. § 2250(a)(2)(C)
Pub. L. 100–399, § 416(b), substituted “described” for “specified”
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 100–399, § 416(b), substituted “described” for “specified”.Enacted provision · exact public law section
(b) Section 5.15(a)(2)(C) is amended by striking out “specified” and inserting in lieu thereof “described”.Effective date note
Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.Farm Credit Banks and Associations Safety and Soundness Act of 1992
Pub. L. 102–552 title V § 510 · 106 Stat. 4102
Inserted · 12 U.S.C. § 2250(b)(1)
Pub. L. 102–552 inserted “, for purposes of sequestration,” after “regard”
Struck · 12 U.S.C. § 2250(b)(1)
Pub. L. 102–552 struck out “or any other law” before “, to pay the expenses”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 102–552 inserted “, for purposes of sequestration,” after “regard” and struck out “or any other law” before “, to pay the expenses”.Enacted provision · exact public law section
SEC. 510. CLARIFICATION OF TREATMENT OF FARM CREDIT ADMINISTRATION OPERATING EXPENSES. Section 5.15(b)(1) (12 U.S.C. 2250(b)(1)) is amended— (1) by inserting “, for purposes of sequestration,” after “regard”; and (2) by striking “or any other law”.
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(1), is title II of Pub. L. 99–177, , 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.
Prior Provisions
A prior section 5.15 of Pub. L. 92–181 was renumbered section 5.14 and is classified to section 2249 of this title.
Amendments1985–1992 · 3 rounds
1992
Subsec. (b)(1). Pub. L. 102–552 inserted “, for purposes of sequestration,” after “regard” and struck out “or any other law” before “, to pay the expenses”.
1988
Pub. L. 100–233 amended section generally. Prior to amendment, section read as follows:
“(a) The Farm Credit Administration shall prior to the first day of each fiscal year estimate the cost of administrative expenses for the ensuing fiscal year in administering this chapter, including official functions, and shall apportion the amount so determined among the institutions of the System on such equitable basis as the Farm Credit Administration shall determine, and shall assess against and collect in advance the amounts so apportioned from the institutions among which the apportionment is made.
“(b) The amounts collected pursuant to subsection (a) of this section shall be covered into the Treasury, and credited to a special fund and, without regard to other law, shall be available to the Farm Credit Administration for expenditure during each fiscal year for salaries and expenses of the Farm Credit Administration. As soon as practicable after the end of each such fiscal year, the Farm Credit Administration shall determine, on a fair and reasonable basis, the cost of operation of the Farm Credit Administration and the part thereof which fairly and equitably should be allocated to each bank and association as its share of the cost during the fiscal year of the Farm Credit Administration. If the amount so allocated is greater than the amount collected from the bank or other institutions, the difference shall be collected from such bank or other institutions, and, if less, shall be refunded from the special fund to the bank or other institutions entitled thereto or credited in the special fund to such bank or other institutions for use for the same purposes in future fiscal years.”
Subsec. (a)(2)(A). Pub. L. 100–399, § 416(a), substituted “the assessment described in paragraph (1)(B)” for “such assessment”.
Subsec. (a)(2)(C). Pub. L. 100–399, § 416(b), substituted “described” for “specified”.
1985
Subsec. (b). Pub. L. 99–205, § 205(g)(6), substituted “the Farm Credit Administration” for “said Administration” twice in first sentence, and for “the Administration” and “such Administration” in second sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–399 effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved , see section 1001(a) of Pub. L. 100–399, set out as a note under section 2002 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–205 effective thirty days after , see section 401 of Pub. L. 99–205, set out as a note under section 2001 of this title.
Credits
1971–1992 · 5 acts
- 1971Pub. L. 92–181, title V, § 5.15, formerly § 5.16, , 85 Stat. 620
- 1985renumbered § 5.15 and amended Pub. L. 99–205, title II, §§ 201(5), 205(g)(6), , 99 Stat. 1690, 1707
- 1988Pub. L. 100–233, title IV, § 432(a), , 101 Stat. 1660
- 1988Pub. L. 100–399, title IV, § 416(a), (b), , 102 Stat. 1004
- 1992Pub. L. 102–552, title V, § 510, , 106 Stat. 4132.
Show as published
(Pub. L. 92–181, title V, § 5.15, formerly § 5.16, , 85 Stat. 620; renumbered § 5.15 and amended Pub. L. 99–205, title II, §§ 201(5), 205(g)(6), , 99 Stat. 1690, 1707; Pub. L. 100–233, title IV, § 432(a), , 101 Stat. 1660; Pub. L. 100–399, title IV, § 416(a), (b), , 102 Stat. 1004; Pub. L. 102–552, title V, § 510, , 106 Stat. 4132.)