§2250 — Title 12 Banks and Banking | U.S. Code

Summary

Before each fiscal year starts, the Farm Credit Administration must estimate how much it will cost to run its work next year, including official functions. It must also figure how much it needs to charge the Farm Credit System to cover those costs (taking into account money already in its Expense Account and a needed reserve) and how much the Mortgage Corporation must pay for supervision and exams. Then the Administration must divide the System assessment fairly among the institutions and collect those payments as needed during the year, and collect the Mortgage Corporation’s share when needed. Money collected is kept in the Farm Credit Administration Administrative Expense Account in the U.S. Treasury. That money can be used to pay FCA expenses and is not treated as regular federal appropriations. If the FCA asks, the Treasury Secretary must invest any amounts that are more than needed for current expenses in U.S. government securities with suitable maturities and Treasury-set interest rates. Earnings from those investments must be returned to the Expense Account.

Title 12, §2250

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(a)(1)Prior to the first day of each fiscal year, the Farm Credit Administration shall determine—

(A)the cost of administering this chapter 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 subchapter VIII.

(2)On the basis of the determinations made under paragraph (1), the Farm Credit Administration shall—

(A)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;

(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 described in paragraph (1)(C).

(b)(1)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.

(2)The funds contained in the Expense Account shall not be construed to be Federal Government funds or appropriated moneys.

(3)(A)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)All income earned from such investments and reinvestments shall be deposited in the Expense Account.

(C)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.

Notes & Related Subsidiaries

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, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended section 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.

Amendments

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 AmendmentAmendment 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.

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–205 effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as a note under section 2001 of this title.

§2250 Farm Credit Administration operating expenses fund

Summary

Title 12, §2250

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata