Page:United States Statutes at Large Volume 122.djvu/1521

 12 2 STA T . 1 498PUBLIC LA W 11 0– 2 3 4 —M A Y 22, 2008 ‘ ‘ (j)NODUPLICAT I VEP A YM E N T S.—Inimple men t in ga n yo t h e r program w hi c hma k e sd isaster assistance payments (e x cept f or indemnities made u nder the F ederal C rop Insurance A ct( 7U . S .C. 150 1etse q .)) and section 1 96 of the Federal Agriculture Impro v e - ment and R eform Act of 1996), the Secretary shall prevent duplica- tive payments with respect to the same loss for which a person receives a payment under su b sections (b), (c), (d), (e), or (f). ‘ ‘ SEC.902 . AGRI C ULT URAL D ISASTER RELIE F TRUST FU N D. ‘‘(a) C R EATION O FT RUST FUN D .—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 G ENERAL.—There are appropriated to the Agricul- tural Disaster Relief Trust Fund amounts equivalent to 3 .0 8 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2 008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the H ar- moni z ed Tariff Schedule of the United States. ‘‘(2) AMOUNTS B ASED ON ESTIMATES.—The amounts appro- priated 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 trans- ferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. ‘‘(3) L IMITATION 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 with- out regard to— ‘‘(A) any provision of law which is not contained or referenced in this title 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 19USC24 9 7a.

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