Title 7 — Agriculture
Chapter 21C — Tobacco Reform
§ 518e. Tobacco Trust Fund
Statutory text
Establishment
There is established in the Commodity Credit Corporation a revolving trust fund, to be known as the “Tobacco Trust Fund”, which shall be used in carrying out this subchapter. The Tobacco Trust Fund shall consist of the following:
Assessments collected under section 518d of this title.
Such amounts as are necessary from the Commodity Credit Corporation.
Any interest earned on investment of amounts in the Tobacco Trust Fund under subsection (c).
Expenditures
Authorized expenditures
Subject to paragraph (2), and notwithstanding any other provision of law, the Secretary shall use amounts in the Tobacco Trust Fund, in such amounts as the Secretary determines are necessary—
to make payments under sections 518a and 518b of this title;
to provide reimbursement under section 519(c) of this title;
to reimburse the Commodity Credit Corporation for costs incurred by the Commodity Credit Corporation under paragraph (2); and
to make payments to financial institutions to satisfy contractual obligations under section 518a or 518b of this title.
Expenditures by Commodity Credit Corporation
Notwithstanding any other provision of law, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to make payments described in paragraph (1). Not later than , the Secretary shall use amounts in the Tobacco Trust Fund to fully reimburse, with interest, the Commodity Credit Corporation for all funds of the Commodity Credit Corporation expended under the authority of this paragraph. Administrative costs incurred by the Secretary or the Commodity Credit Corporation to carry out this title 1 may not be paid using amounts in the Tobacco Trust Fund.
Investment of amounts
In general
The Commodity Credit Corporation shall invest such portion of the amounts in the Tobacco Trust Fund as are not, in the judgment of the Commodity Credit Corporation, required to meet current expenditures.
Interest-bearing obligations
Investments may be made only in interest-bearing obligations of the United States.
Acquisition of obligations
For the purpose of investments under paragraph (1), obligations may be acquired—
on original issue at the issue price; or
by purchase of outstanding obligations at the market price.
Sale of obligations
Any obligation acquired by the Tobacco Trust Fund may be sold by the Commodity Credit Corporation at the market price.
Credits to Fund
The interest on, and the proceeds from the sale or redemption of, any obligations held in the Tobacco Trust Fund shall be credited to and form a part of the Fund.
Footnotes
- 1 See References in Text note below.
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.
Fair and Equitable Tobacco Reform Act of 2004
Pub. L. 108–357 title VI § 626 · 118 Stat. 1418
Enacted · 7 U.S.C. § 518e
(Pub. L. 108–357, title VI, § 626, Oct. 22, 2004, 118 Stat. 1533.)
Source evidence
Code source credit
(Pub. L. 108–357, title VI, § 626, Oct. 22, 2004, 118 Stat. 1533.)Enacted provision · exact public law section
SEC. 626. TOBACCO TRUST FUND. (a) Establishment.— There is established in the Commodity Credit Corporation a revolving trust fund, to be known as the “Tobacco Trust Fund”, which shall be used in carrying out this subtitle. The Tobacco Trust Fund shall consist of the following: (1) Assessments collected under section 625. (2) Such amounts as are necessary from the Commodity Credit Corporation. (3) Any interest earned on investment of amounts in the Tobacco Trust Fund under subsection (c). (b) Expenditures.— (1) Authorized expenditures.— Subject to paragraph (2), and notwithstanding any other provision of law, the Secretary shall use amounts in the Tobacco Trust Fund, in such amounts as the Secretary determines are necessary— (A) to make payments under sections 622 and 623; (B) to provide reimbursement under section 641(c); (C) to reimburse the Commodity Credit Corporation for costs incurred by the Commodity Credit Corporation under paragraph (2); and (D) to make payments to financial institutions to satisfy contractual obligations under section 622 or 623. (2) Expenditures by commodity credit corporation.— Notwithstanding any other provision of law, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to make payments described in paragraph (1). Not later Deadline. than January 1, 2015, the Secretary shall use amounts in the Tobacco Trust Fund to fully reimburse, with interest, the Commodity Credit Corporation for all funds of the Commodity Credit Corporation expended under the authority of this paragraph. Administrative costs incurred by the Secretary or the Commodity Credit Corporation to carry out this title may not be paid using amounts in the Tobacco Trust Fund. (c) Investment of Amounts.— (1) In general.— The Commodity Credit Corporation shall invest such portion of the amounts in the Tobacco Trust Fund as are not, in the judgment of the Commodity Credit Corporation, required to meet current expenditures. (2) Interest-bearing obligations.— Investments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations.— For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations.— Any obligation acquired by the Tobacco Trust Fund may be sold by the Commodity Credit Corporation at the market price. (5) Credits to fund.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Tobacco Trust Fund shall be credited to and form a part of the Fund.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This title, referred to in subsec. (b)(2), means title VI of Pub. L. 108–357, which enacted this chapter, amended sections 609, 1282, 1301, 1303, 1314h, 1361, 1371, 1373, 1375, 1378, 1379, 1428, 1433c–1, and 1441 of this title and section 714c of Title 15, Commerce and Trade, repealed sections 511r, 515 to 515k, 625, 1311 to 1314, 1314–1, 1314b, 1314b–1, 1314b–2, 1314c to 1314j, 1315, 1316, 1445, 1445–1, and 1445–2 of this title, enacted provisions set out as notes under sections 515 and 518 of this title, and repealed provisions set out as a note under section 1314c of this title. For complete classification of title VI to the Code, see Short Title note set out under section 518 of this title and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as a note under section 518 of this title.