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Title 12 — Banks and Banking

Chapter 14 — Federal Credit Unions

§ 1766. Powers of Board

Statutory text

(a)

The Board may prescribe rules and regulations for the administration of this chapter (including, but not by way of limitation, the merger, consolidation, and dissolution of corporations organized under this chapter). Any central credit union chartered by the Board shall be subject to such rules, regulations, and orders as the Board deems appropriate and, except as otherwise specifically provided in such rules, regulations, or orders, shall be vested with or subject to the same rights, privileges, duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to all Federal credit unions under this chapter.

(b)
(1)

The Board may suspend or revoke the charter of any Federal credit union, or place the same in involuntary liquidation and appoint a liquidating agent therefor, upon its finding that the organization is bankrupt or insolvent, or has violated any of the provisions of its charter, its bylaws, this chapter, or any regulations issued thereunder.

(2)

The Board, through such persons as it shall designate, may examine any Federal credit union in voluntary liquidation and, upon its finding that such voluntary liquidation is not being conducted in an orderly or efficient manner or in the best interests of its members, may terminate such voluntary liquidation and place such organization in involuntary liquidation and appoint a liquidating agent therefor.

(3)

Such liquidating agent shall have power and authority, subject to the control and supervision of the Board and under such rules and regulations as the Board may prescribe, (A) to receive and take possession of the books, rec­ords, assets, and property of every description of the Federal credit union in liquidation, to sell, enforce collection of, and liquidate all such assets and property, to compound all bad or doubtful debts, and to sue in his own name or in the name of the Federal credit union in liquidation, and defend such actions as may be brought against him as liquidating agent or against the Federal credit union; (B) to receive, examine, and pass upon all claims against the Federal credit union in liquidation, including claims of members on member accounts; (C) to make distribution and payment to creditors and members as their interests may appear; and (D) to execute such documents and papers and to do such other acts and things which he may deem necessary or desirable to discharge his duties hereunder.

(4)

Subject to the control and supervision of the Board and under such rules and regulations as the Board may prescribe, the liquidating agent of a Federal credit union in involuntary liquidation shall (A) cause notice to be given to creditors and members to present their claims and make legal proof thereof, which notice shall be published once a week in each of three successive weeks in a newspaper of general circulation in each county in which the Federal credit union in liquidation maintained an office or branch for the transaction of business on the date it ceased unrestricted operations; except that whenever the aggregate book value of the assets and property of a Federal credit union in involuntary liquidation is less than $1,000, unless the Board shall find that its books and records do not contain a true and accurate record of its liabilities he shall declare such Federal credit union in liquidation to be a “no publication” liquidation, and publication of notice to creditors and members shall not be required in such case; (B) from time to time make a ratable dividend on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction and, after the assets of such organization have been liquidated, make further dividends on all claims previously proved or adjudicated, and he may accept in lieu of a formal proof of claim on behalf of any creditor or member the statement of any amount due to such creditor or member as shown on the books and records of the credit union; but all claims not filed before payment of the final dividend shall be barred and claims rejected or disallowed by the liquidating agent shall be likewise barred unless suit be instituted thereon within three months after notice of rejection or disallowance; and (C) in a “no publication” liquidation, determine from all sources available to him, and within the limits of available funds of the Federal credit union, the amounts due to creditors and members, and after sixty days shall have elapsed from the date of his appointment distribute the funds of the Federal credit union to creditors and members ratably and as their interests may appear.

(5)

Upon certification by the liquidating agent in the case of an involuntary liquidation, and upon such proof as shall be satisfactory to the Board in the case of a voluntary liquidation, that distribution has been made and that liquidation has been completed, as provided herein, the Board shall cancel the charter of such Federal credit union; but the corporate existence of the Federal credit union shall continue for a period of three years from the date of such cancellation of its charter, during which period the liquidating agent, or his duly appointed successor, or such persons as the Board shall designate, may act on behalf of the Federal credit union for the purpose of paying, satisfying, and discharging any existing liabilities or obligations, collecting and distributing its assets, and doing all other acts required to adjust and wind up its business and affairs, and it may sue and be sued in its corporate name.

(c)

After the expiration of five years from the date of cancellation of the charter of a Federal credit union the Board may, in its discretion, destroy any or all books and records of such Federal credit union in its possession or under its control.

(d)

The Board is authorized and empowered to execute any and all functions and perform any and all duties vested in it hereby, through such persons as it shall designate or employ; and it may delegate to any person or persons, including any institution operating under the general supervision of the Administration, the performance and discharge of any authority, power, or function vested in it by this chapter.

(e)

All books and records of Federal credit unions shall be kept and reports shall be made in accordance with forms approved by the Board.

(f)
(1)

The Board is authorized to make investigations and to conduct researches and studies of the problems of persons of small means in obtaining credit at reasonable rates of interest, and of the methods and benefits of cooperative saving and lending among such persons. It is further authorized to make reports of such investigations and to publish and disseminate the same.

(2)
(A)

The Board is authorized to conduct directly, or to make grants to or contracts with colleges or universities, State or local educational agencies, or other appropriate public or private nonprofit organizations to conduct, programs for the training of persons engaged, or preparing to engage, in the operation of credit unions, and in related consumer counseling programs, serving the poor. It is authorized to establish a program of experimental, developmental, demonstration, and pilot projects, either directly or by grants to public or private nonprofit organizations, including credit unions, or by contracts with such organizations or other private organizations, designed to promote more effective operation of credit unions, and related consumer counseling programs, serving the poor.

(B)

In carrying out its authority under this paragraph, the Board shall consult with officials of the Office of Economic Opportunity and other appropriate Federal agencies responsible for the administration of projects or programs concerned with problems of the poor. The development and operation of programs and projects under this paragraph shall involve maximum feasible participation of residents of the areas and members of the groups served by such programs and projects, with community action agencies established under the provisions of the Economic Opportunity Act of 1964 [42 U.S.C. 2701 et seq.] serving, to the extent feasible, as the means through which such participation is achieved.

(C)

In order to carry out the purposes of this paragraph, there is authorized to be appropriated, as a supplement to any funds that may be expended by the Board pursuant to sections 1755 and 1756 of this title for such purposes, not to exceed $300,000 for the fiscal year ending , and not to exceed $1,000,000 for the fiscal year ending .

(g)

Any officer or employee of the Administration is authorized, when designated for the purpose by the Board, to administer oaths and affirmations and to take affidavits and depositions touching upon any matter within the jurisdiction of the Administration.

(h)

The Board is authorized, empowered, and directed to require that every person appointed or elected by any Federal credit union to any position requiring the receipt, payment, or custody of money or other personal property owned by a Federal credit union, or in its custody or control as collateral or otherwise, give bond in a corporate surety company holding a certificate of authority from the Secretary of the Treasury under chapter 93 of title 31, as an acceptable surety on Federal bonds. Any such bond or bonds shall be in a form approved by the Board with a view to providing surety coverage to the Federal credit union with reference to loss by reason of acts of fraud or dishonesty including forgery, theft, embezzlement, wrongful abstraction, or misapplication on the part of the person, directly or through connivance with others, and such other surety coverages as the Board may determine to be reasonably appropriate or as elsewhere required by this chapter. Any such bond or bonds shall be in such an amount in relation to the money or other personal property involved or in relation to the assets of the Federal credit union as the Board may from time to time prescribe by regulation for the purpose of requiring reasonable coverage. In lieu of individual bonds the Board may approve the use of a form of schedule or blanket bond which covers all of the officers and employees of a Federal credit union whose duties include the receipt, payment, or custody of money or other personal property for or on behalf of the Federal credit union. The Board may also approve the use of a form of excess coverage bond whereby a Federal credit union may obtain an amount of coverage in excess of the basic surety coverage.

(i)

In addition to the authority conferred upon it by other sections of this chapter, the Board is authorized in carrying out its functions under this chapter—

(1)

to appoint such personnel as may be necessary to enable the Administration to carry out its functions;

(2)

to expend such funds, enter into such contracts with public and private organizations and persons, make such payments in advance or by way of reimbursement, acquire and dispose of, by lease or purchase, real or personal property, without regard to the provisions of any other law applicable to executive or independent agencies of the United States, and perform such other functions or acts as it may deem necessary or appropriate to carry out the provisions of this chapter, in accordance with the rules and regulations or policies established by the Board not inconsistent with this chapter; and

(3)

to pay stipends, including allowances for travel to and from the place of residence, to any individual to study in a program assisted under this chapter upon a determination by the Board that assistance to such individual in such studies will be in furtherance of the purposes of this chapter.

(j)

Staff.—

(1)

Appointment and compensation.—

The Board shall fix the compensation and number of, and appoint and direct, employees of the Board. Rates of basic pay for employees of the Board may be set and adjusted by the Board without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5.

(2)

Additional compensation and benefits.—

The Board may provide additional compensation and benefits to employees of the Board if the same type of compensation or benefits are then being provided by any other Federal bank regulatory agency or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees of the Board, the Board shall seek to maintain comparability with other Federal bank regulatory agencies.

(3)

Funding.—

The salaries and expenses of the Board and employees of the Board shall be paid from fees and assessments (including income earned on insurance deposits) levied on insured credit unions under this chapter.

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.

  1. Pub. L. 73–750 · 48 Stat. 1216

    Enacted · 12 U.S.C. § 1766

    June 26, 1934, ch. 750, title I, § 120, formerly § 16, 48 Stat. 1221

    Source evidence

    Code source credit
    June 26, 1934, ch. 750, title I, § 120, formerly § 16, 48 Stat. 1221

  2. Public Law not identified

    Added · 12 U.S.C. § 1766(e)

    Subsec. (e). Act Dec. 6, 1937, added subsec. (e)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e). Act Dec. 6, 1937, added subsec. (e).

  3. Public Law not identified

    Changed · 12 U.S.C. § 1766(b)

    Subsec. (b). Act July 31, 1946, provided a more adequate statutory procedure for the administration of this chapter by expressly authorizing the liquidation of a Federal credit union and setting up a procedure which will achieve more orderly and complete liquidation

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act July 31, 1946, provided a more adequate statutory procedure for the administration of this chapter by expressly authorizing the liquidation of a Federal credit union and setting up a procedure which will achieve more orderly and complete liquidation.

  4. Public Law not identified

    Added · 12 U.S.C. § 1766(f)

    Subsec. (f). Act June 30, 1954, added subsec. (f)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (f). Act June 30, 1954, added subsec. (f).

  5. Public Law not identified

    Added · 12 U.S.C. § 1766(g)

    Subsec. (g). Act Aug. 24, 1954, added subsec. (g)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (g). Act Aug. 24, 1954, added subsec. (g).

  6. Pub. L. 86–354 § 1 · 73 Stat. 628

    1. Redesignated · 12 U.S.C. § 1766

      Pub. L. 86–354 made capitalization, punctuation and phraseological changes throughout text; redesignated, in subsec. (b)(3), cls. (i) to (iv) as (A) to (D) and corrected in cl. (A) the final “cerdit” to read “credit”; redesignated, in subsec. (b)(4), cls. (i) to (iii) as cls. (A) to (C);

    2. Redesignated · 12 U.S.C. § 1766

      Pub. L. 86–354 made capitalization, punctuation and phraseological changes throughout text; redesignated the second subsec. (b) and subsecs. (c) to (g) as (c) to (h), respectively

    Source evidence

    Code amendment note
    Pub. L. 86–354 made capitalization, punctuation and phraseological changes throughout text; redesignated, in subsec. (b)(3), cls. (i) to (iv) as (A) to (D) and corrected in cl. (A) the final “cerdit” to read “credit”; redesignated, in subsec. (b)(4), cls. (i) to (iii) as cls. (A) to (C); and redesignated the second subsec. (b) and subsecs. (c) to (g) as (c) to (h), respectively.

  7. Pub. L. 90–375 § 2(a) · 82 Stat. 284

    1. Redesignated · 12 U.S.C. § 1766(f)

      Pub. L. 90–375 redesignated existing provisions as par. (1)

    2. Added · 12 U.S.C. § 1766(f)

      Pub. L. 90–375 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 90–375 redesignated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (a) Section 21(f) of the Federal Credit Union Act Consumer counseling. (12 U.S.C. 1766(f)) is amended by inserting “(1)” after “(f)”, and by adding at the end thereof the following: “(2) (A) The Director is authorized to conduct directly, or to make grants to or contracts with colleges or universities, State or local educational agencies, or other appropriate public or private nonprofit organizations to conduct, programs for the training of persons engaged, or preparing to engage, in the operation of credit unions, and in related consumer counseling programs, serving the poor. He is authorized to establish a program of experimental, developmental, demonstration, and pilot projects, either directly or by grants to public or private nonprofit organizations, including credit unions, or by contracts with such organizations or other private organizations, designed to promote more effective operation of credit unions, and related consumer counseling programs, serving the poor. “(B) In carrying out his authority under this paragraph, the Director shall consult with officials of the Office of Economic Opportunity and other appropriate Federal agencies responsible for the administration of projects or programs concerned with problems of the poor. The development and operation of programs and projects under this paragraph shall involve maximum feasible participation of residents of the areas and members of the groups served by such programs and projects, with community action agencies established under the provisions of the Economic Opportunity Act of 1964 serving, to the extent 78 Stat. 508. 42 USC 2701 note. Appropriations. 12 USC 1755, 1756. feasible, as the means through which such participation is achieved. “(C) In order to carry out the purposes of this paragraph, there is authorized to be appropriated, as a supplement to any funds that may be expended by the Director pursuant to sections 6 and 7 for such purposes, not to exceed $300,000 for the fiscal year ending June 30, 1970, and not to exceed $1,000,000 for the fiscal year ending June 30, 1971.”

  8. Pub. L. 91–206 § 2(1) · 84 Stat. 49

    1. Substituted · 12 U.S.C. § 1766(a)(h)

      Pub. L. 91–206, § 2(1), (3), substituted “Administrator” for “Director” wherever appearing

    2. Substituted · 12 U.S.C. § 1766(a)(h)

      Pub. L. 91–206, § 2(1), (3), substituted “Administration” for “Bureau” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (h). Pub. L. 91–206, § 2(1), (3), substituted “Administrator” for “Director” and “Administration” for “Bureau” wherever appearing.

    Enacted provision · exact public law section
    Sec. 2. The Federal Credit Union Act is further amended (1) by changing “Director” to read “Administrator” each place it appears therein; (2) by changing “Bureau of Federal Credit Unions” to read “National Credit Union Administration” each place it appears therein; and (3) by changing “Bureau”, each remaining place it appears, to read “Administration”.

  9. Pub. L. 91–206 § 4 · 84 Stat. 49

    Added · 12 U.S.C. § 1766(i)

    Pub. L. 91–206, § 4, added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 91–206, § 4, added subsec. (i).

    Enacted provision · exact public law section
    Sec. 4. Section 21 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by adding at the end thereof a new subsection as follows: “(i) In addition to the authority conferred upon him by other sections of this Act, the Administrator is authorized in carrying out his functions under this Act— “(1) to appoint such personnel as may be necessary to enable the Administration to carry out its functions; “(2) to expend such funds, enter into such contracts with public and private organizations and persons, make such payments in advance or by way of reimbursement, and perform such other functions or acts as he may deem necessary or appropriate to carry out the provisions of this Act; and “(3) to pay stipends, including allowances for travel to and from the place of residence, to any individual to study in a program assisted under this Act upon a determination by the Administrator that assistance to such individual in such studies will be in furtherance of the purposes of this Act.”

  10. Pub. L. 95–22 title III § 306 · 91 Stat. 49

    Substituted · 12 U.S.C. § 1766(b)(3)(B)

    Pub. L. 95–22 substituted “member accounts” for “shares”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B). Pub. L. 95–22 substituted “member accounts” for “shares”.

    Enacted provision · exact public law section
    Sec. 306. Subsection (b) (3) (B) of section 120 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by striking out “shares” and inserting in lieu thereof “member accounts”.

  11. Financial Institutions Regulatory and Interest Rate Control Act of 1978

    Pub. L. 95–630 title V § 502(b) · 92 Stat. 3641

    1. Substituted · 12 U.S.C. § 1766

      Pub. L. 95–630 substituted “Board” for “Administrator” “him”, and “his”, respectively, where appropriate

    2. Substituted · 12 U.S.C. § 1766

      Pub. L. 95–630 substituted “its” for “he” “him”, and “his”, respectively, where appropriate

    Source evidence

    Code amendment note
    Pub. L. 95–630 substituted “Board” for “Administrator” wherever appearing; and “it”, “them”, and “its” for “he”, “him”, and “his”, respectively, where appropriate.

    Enacted provision · exact public law section
    (b) The Federal Credit Union Act is amended by striking out “Administrator” each place it appears and inserting in lieu thereof “Board”, and by striking out the personal pronouns “he”, “him”, and “his” when referring to the Administrator and inserting in lieu thereof “it”, “them”, and “its” as appropriate wherever such words appear therein.

    Effective date note
    Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.

  12. Garn-St Germain Depository Institutions Act of 1982

    Pub. L. 97–320 title V § 526 · 96 Stat. 1469

    Inserted · 12 U.S.C. § 1766(a)

    Pub. L. 97–320 inserted provisions relating to the special authority of the Board over a central credit union, and such a union’s general prerogatives and liabilities

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–320 inserted provisions relating to the special authority of the Board over a central credit union, and such a union’s general prerogatives and liabilities.

    Enacted provision · exact public law section
    Sec. 526. national credit union administration board’s regulatory authority Section 120(a) of the Federal Credit Union Act (12 U.S.C. 1766(a)) is amended by adding at the end thereof the following: “Any central credit union chartered by the Board shall be subject to such rules, regulations, and orders as the Board deems appropriate and, except as otherwise specifically provided in such rules, regulations, or orders, shall be vested with or subject to the same rights, privileges, duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to all Federal credit unions under this Act.”.

  13. Credit Union Amendments of 1987

    Pub. L. 100–86 title VII § 707 · 101 Stat. 552

    Inserted · 12 U.S.C. § 1766(i)(2)

    Pub. L. 100–86 inserted “acquire and dispose of, by lease or purchase, real or personal property, without regard to the provisions of any other law applicable to executive or independent agencies of the United States,” after “reimbursement,” and “, in accordance with the rules and regulations or policies established by the Board not inconsistent with this chapter” after “this chapter”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 100–86 inserted “acquire and dispose of, by lease or purchase, real or personal property, without regard to the provisions of any other law applicable to executive or independent agencies of the United States,” after “reimbursement,” and “, in accordance with the rules and regulations or policies established by the Board not inconsistent with this chapter” after “this chapter”.

    Enacted provision · exact public law section
    SEC. 707. PROPERTY ACQUISITION FLEXIBILITY. Section 120(i)(2) of the Federal Credit Union Act (12 U.S.C. 1766(i)(2)) is amended— (1) by inserting after “reimbursement,” the following: “acquire and dispose of, by lease or purchase, real or personal property, without regard to the provisions of any other law applicable to executive or independent agencies of the United States,”; and (2) by inserting after “this Act” the following: “, in accordance with the rules and regulations or policies established by the Board not inconsistent with this Act”.

  14. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 title XII § 1203 · 103 Stat. 183

    Added · 12 U.S.C. § 1766(j)

    Pub. L. 101–73 added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 101–73 added subsec. (j).

    Enacted provision · exact public law section
    SEC. 1203. NCUA EMPLOYMENT PROVISION. Section 120 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by adding at the end thereof the following new subsection: “(j) Staff.— “(1) Appointment and compensation.— The Board shall fix the compensation and number of, and appoint and direct, employees of the Board. Rates of basic pay for employees of the Board may be set and adjusted by the Board without regard to the provisions of chapter 51 or subchapter HI of chapter 53 of title 5, United States Code. “(2) Additional compensation and benefits.— The Board may provide additional compensation and benefits to employees of the Board if the same type of compensation or benefits are then being provided by any other Federal bank regulatory agency or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. In setting and adjusting the total amount of compensation and benefits for employees of the Board, the Board shall seek to maintain comparability with other Federal bank regulatory agencies. “(3) Funding.— The salaries and expenses of the Board and employees of the Board shall be paid from fees and assessments (including income earned on insurance deposits) levied on insured credit unions under this Act.”.

  15. Pub. L. 101–144 title III · 103 Stat. 839

    Added · 12 U.S.C. § 1766(k)

    Pub. L. 101–144 added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 101–144 added subsec. (k).

    Enacted provision · exact public law
    TITLE III INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries; $16,000,000, to remain available until expended: Provided, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further, That when traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further, That the Commission shall reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it: Provided further, That section 509 of the general provisions carried in title V of this Act shall not apply to the funds provided under this heading: Provided further, That not more than $125,000 of the private contributions to the Korean War Memorial Fund may be used for administrative support of the Korean War Veterans Memorial Advisory Board including travel by members of the board authorized by the Commission, travel allowances to conform to those provided by Federal Travel regulations. Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation expenses, $35,700,000: Provided, That not more than $325,000 of these funds shall be available for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission. Court of Veterans Appeals salaries and expenses For necessary expenses for the operation of the Court of Veterans Appeals as authorized by 38 U.S.C. 4051–4091, $4,000,000: Provided, That such sum shall be available without regard to section 509 of this Act: Provided further, That, of the funds provided under this heading, there shall be transferred to and merged with sums appropriated for “DEPARTMENT OF VETERANS AFFAIRS, medical and prosthetic research” such amount, not to exceed $1,000,000, as the Chief Judge of the Court of Veterans Appeals determines on or before July 1, 1990, to be excess to the needs of the Court during fiscal year 1990. Department of Defense—Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, and not to exceed $1,000 for official reception and representation expenses; $12,569,000, to remain available until expended. Environmental Protection Agency salaries and expenses For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; acquisition or purchase, hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; lease purchase, under a lease purchase contract hereby authorized to be entered into by the Environmental Protection Agency, which lease purchase contract shall have a term not to exceed twenty years and shall provide that title to the property shall vest in the United States at or before the expiration of the lease term, for the Motor Vehicles Emissions Laboratory; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; and not to exceed $6,000 for official reception and representation expenses; $874,583,000: Provided, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913). office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, $31,734,000. of which $10,317,000 shall be derived from the Hazardous Substance Superfund trust fund. research and development (including transfer of funds) For research and development activities, $241,500,000, to remain available until September 30, 1991: Provided, That not more than $11,600,000 of these funds shall be available for procurement of laboratory equipment: Provided further, That up to $5,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Salaries and expenses”. statement, control, and compliance (including transfer of funds) For abatement, control, and compliance activities, $829,940,000, to remain available until September 30, 1991: Provided, That up to $10,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Salaries and expenses”: Provided further, That up to $2,800,000 shall be available for grants and cooperative agreements to develop and implement asbestos training and accreditation programs: Provided further, That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: Provided further, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Waste Disposal Act, as amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949). building and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or use by, the Environmental Protection Agency, $15,000,000, of which $3,000,000 shall be made available as a grant for an environmental laboratory addition to be constructed and owned by the University of Nevada, under such terms and conditions as the Administrator deems appropriate, with all of such sums, to remain available until expended. hazardous substance superfund For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111 (c)93), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $1,575,000,000, to be derived from the Hazardous Substance Superfund, plus sums recovered on behalf of the Hazardous Substance Superfund in excess of $82,000,000 during fiscal year 1990, with all of such funds to remain available until expended: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA, as amended: Provided further, That, notwithstanding section lll(m) of CERCLA, as amended, or any other provision of law, not to exceed $46,500,000 of the funds appropriated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), lll(c)(4), and lll(c)(14) of CERCLA and section 118(0 of the Superfund Amendments and Reauthorization Act of 1986: Provided further, That none of the funds appropriated under this heading shall be available for the Agency for Toxic Substances and Disease Registry to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA, as amended, during fiscal year 1990: Provided further, That section 9611(c)912) of the Superfund Amendments and Reauthorization Act of 1986, is amended by striking “$10,000,000” and inserting “$20,000,000”: Provided further, That no more than $220,000,000 of these funds shall be available for administrative expenses. leaking underground storage tank trust fund For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, $76,000,000, to remain available until expended; Provided, That no more than $6,000,000 shall be available for administrative expenses. construction grants (including rescission) For necessary expenses to carry out the purposes of the Federal Water Pollution Control Act, as amended, and the Water Quality Act of 1987, $2,050,000,000, to remain available until expended, of which $1,002,000,000 shall be for title II (other than sections 201(m)(1–3), 201(n)(2), 206, 208, and 209) of the Federal Water Pollution Control Act, as amended; $1,002,000,000 shall be for title VI of the Federal Water Pollution Control Act, as amended; and $46,000,000 shall be for title V of the Water Quality Act of 1987, consisting of $7,000,000 for section 510, $20,000,000 for section 513, and $19,000,000 for section 515: Provided, That of the funds appropriated in previous fiscal years under this heading to carry out the purposes of section 206(a) of the Federal Water Pollution Control Act, as amended, $47,700,000 are rescinded: Provided further, That, notwithstanding sections 602(b)(6) or 201(g)(1) of the Federal Water Pollution Control Act, as amended, of the funds appropriated in this paragraph, amounts awarded in a capitalization grant to an agency of any State, including funds transferred pursuant to section 205(m), shall be available for providing assistance in that State for the construction of publicly owned treatment works as defined in section 212 of that Act: Provided further, That, notwithstanding any other provision of law, from sums appropriated under this paragraph and allotted to the State of Texas under section 205 of the Federal Water Pollution Control Act, as amended, the State of Texas is authorized to set aside, at the discretion of the Governor, up to $15,000,000 for the establishment of a special revolving fund for the sole purpose of making loans to residents of colonias in the counties of Cameron, Hidalgo, Zapata, Starr, Webb, Maverick, Val Verde, Terrell, Brewster, Presidio, Hudspeth, and El Paso. Repayment amounts may remain in the special revolving fund for future loans to colonia residents, and funds set aside but not used for loans, including repayment amounts, may be transferred by the State to its general title VI revolving fund. Loans from the special revolving fund shall be made for the purposes of connecting residences to sewer collection systems and making any necessary plumbing improvements to enable such residences to meet existing county or city code requirements. The Texas Water Development Board is authorized to use funds from this set-aside for the administrative expenses of the special revolving fund: Provided further, That, notwithstanding any provision of law, from sums appropriated under this paragraph and before allotment of title II funds to the States under section 205, the Administrator shall award a grant under title II for $6,800,000 for construction of a connector sewer line, consisting of a main trunk line and four pump stations, for the Town of Honea Path, South Carolina to the waste water treatment facility in the Town of Ware Shoals, South Carolina: Provided further, That, notwithstanding any other provision of law, sums appropriated under this heading allotted for title VI capitalization grants to American Samoa, Commonwealth of the Northern Mariana Islands, Guam, the Trust Territory of Palau (or its successor entity), Virgin Islands and the District of Columbia, may be used for title II construction grants at the request of the chief executive of each of the above named entities. administrative provisions Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Administrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agency’s activities in the programs for which the fees or charges are made. In order to promote the development of innovative technology for the study, mitigation and management of hazardous and toxic substances, the Administrator of the Environmental Protection Agency may lease a portion of the Environmental Technology and Engineering Center located in Edison, New Jersey to the New Jersey Institute of Technology, under such terms and conditions which he determines to be in the public interest, for a term not to exceed ten years. Such lease may be with or without consideration and any compensation received may be used by the Agency to defray costs of providing the space and supporting services. Executive Office of the President council on environment quality and office of environmental quality For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91–190), the Environmental Quality Improvement Act of 1970 (Public Law 91–224), and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representation expenses, and hire of passenger motor vehicles, $1,500,000. national space council For necessary expenses of the National Space Council, including services as authorized by 5 U.S.C. 3109; $1,000,000: Provided, That the National Space Council shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $2,897,000: Provided, That the Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs of individuals detailed to it. Federal Emergency Management Agency disaster relief For necessary expenses in carrying out the functions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $100,000,000, to remain available until expended. salaries and expenses For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government program to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $2,500 for official reception and representation expenses; $142,499,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $2,639,000. emergency management planing and assistance For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $275,290,000. national flood insurance fund (transfers of funds) Of the funds available from the National Flood Insurance Fund for activities under the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act of 1973, $10,734,000 shall, upon enactment of this Act, be transferred to the “Salaries and expenses” appropriation for administrative costs of the insurance and flood plain management programs and $40,303,000 shall, upon enactment of this Act, be transferred to the “Emergency management planning and assistance” appropriation for flood plain management activities. In fiscal year 1990, no funds in excess of (1) $32,000,000 for operating expenses, (2) $165,000,000 for agents’ commissions and taxes, and (3) $3,500,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. emergency food and shelter program There is hereby appropriated $134,000,000 to the Federal Emergency Management Agency to carry out an emergency food and shelter program pursuant to title III of Public Law 100–77, as amended: Provided, That total administrative costs shall not exceed three and one-half per centum of the total appropriation. General Services Administration consumer information center For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,360,000, to be deposited into the Consumer Information Center Fund: Provided, That the appropriations, revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the aggregate amount of $5,200,000. Administrative expenses of the Consumer Information Center in fiscal year 1990 shall not exceed $2,092,000. Appropriations, reve-nues and collections accruing to this fund during fiscal year 1990 in excess of $5,200,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. Department of Health and Human Services office of consumer affairs For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,888,000. Interagency Council on the Homeless salaries and expenses For necessary expenses of the Interagency Council on the Home-less, not otherwise provided for, as authorized by title II of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311–11319), as amended, $1,100,000, to remain available until expended: Provided, That the Council shall carry out its duties in the 10 standard Federal regions under section 203(a)(4) of such Act only through detail, on a non-reimbursable basis, of employees of the departments and agencies represented on the Council pursuant to section 202(a) of such Act. National Aeronautics and Space Administration research and development For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration; $5,366,050,000, to remain available until September 30, 1991: Provided, That of the funds made available under this heading, $1,800,000,000 is for the Space Station Program only, $7 50,000,000 of which shall not become available for obligation until June 1, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided farther, That of the funds made available under this heading, $320,000,000 is for space transportation capability development only, which amount shall not become available for obligation until April 15, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided farther, That of $2,064,600,000 made available under this heading for space science and applications, only $1,000,000,000 shall be available prior to April 1, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided farther, That no hinds appropriated by this Act or any other Act may be used to enter into contracts of the National Aeronautics and Space Administration for the comet rendezvous and asteroid flyby and Cassini missions (CRAF/Cassini) if the estimated total budget authority for development of the two spacecraft, through launch plus 30 days of the Cassini mission, exceeds $1,600,000,000. space flight, control and data communications For necessary expenses, not otherwise provided for; in support of space flight, spacecraft control and communications activities of the National Aeronautics and Space Administration, including operations, production, services, minor construction, maintenance, repair, rehabilitation, and modification of real and personal property; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance and operation of other than administrative aircraft; $4,614,600,000, to remain available until September 30, 1991: Provided, That of the funds made available under this heading, $1,400,000,000 is for space transportation system only, which amount shall not become available for obligation until April 15, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided further, That $75,000,000 of the funds appropriated in section 101(g) of Public Law 99–591 for orbiter production shall be available until September 30, 1991, for all expenses of this account. construction of facilities (including transfer of funds) For construction, repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $601,300,000, to remain available until September 30, 1992: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this heading by this appropriations Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design: Provided further, That no amount appropriated pursuant to this or any other Act may be used for the lease or construction of a new contractor-funded facility for exclusive use in support of a contract or contracts with the National Aeronautics and Space Administration under which the Administration would be required to substantially amortize through payment or reimbursement such contractor investment, unless an appropriations Act specifies the lease or contract pursuant to which such facilities are to be constructed or leased or such facility is otherwise identified in such Act: Provided further, That the Administrator may authorize such facility lease or construction, if he determines, in consultation with the Committees on Appropriations, that deferral of such action until the enactment of the next appropriations Act would be inconsistent with the interest of the Nation in aeronautical and space activities: Provided further, That up to $152,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Space flight, control and data communications” and/or “Research and program management”: Provided further, That of the amounts transferred under the authority of the foregoing proviso, not to exceed $85,000,000 may be for “Space flight, control and data communications”, and not to exceed $67,000,000 may be for “Research and program management”: Provided further, That in addition to the foregoing transfers, up to $25,000,000 of the funds provided by this paragraph may be transferred to and merged with sums appropriated for “Research and development”. research and program management For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C, 5901–5902); awards; lease, hire, purchase of one aircraft for replacement only (for which partial payment may be made by exchange of at least one existing administrative aircraft and such other existing aircraft as may be considered appropriate), maintenance and operation of administrative aircraft; purchase (not to exceed thirty-three for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $100,000 per project for construction of new facilities and additions to existing facilities, repairs, and rehabilitation and modification of facilities; $1,982,200,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive: Provided further, That of the funds made available under this heading, up to $195,000 may be transferred to the “Office of Inspector General”: Provided further, That the grade retention provisions of 5 U.S.C. 5362 shall remain available to Goddard Space Flight Center employees of the National Aeronautics and Space Administration, displaced by the conversion on September 3, 1989, of their civil service positions to private sector positions, from the time an affected employee is placed in a lower graded position until one or more of the conditions of 5 U.S.C. 5362(d) is met. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $8,795,000. administrative provisions small and disadvantaged business The NASA Administrator shall annually establish a goal of at least 8 per centum of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, which funds will be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 8(a) (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) (6)), including Historically Black Colleges and Universities and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)). To facilitate progress in reaching this goal, the NASA Administrator shall submit within one year from enactment of this Act a plan describing the process to be followed to achieve the prescribed level of participation in the shortest practicable time. polar platform Of the funds made available in this Act for space station development, not more than $10,700,000 shall be reduced from the $107,000,000 requested for work performed on or under the work package numbered 3 prime contract (polar platform). National Credit Union Administration central liquidity facility During fiscal year 1990, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 1990 shall not exceed $864,000. administrative provision Section 120 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by adding at the end thereof the following new subsection: “(k) Notwithstanding any other provision of law, the Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99–609, sec. 1, Nov. 6, 1986, 100 Stat. 3475) subject only to the rules and regulations prescribed by the Board.”. National Institute of Building Sciences payment to the national institute of building science For payment to the National Institute of Building Sciences, $500,000. National Science Foundation research and related activities For necessary expenses in carrying out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; hire of passenger motor vehicles; not to exceed $6,000 for official reception and representa-tion expenses; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $1,715,000,000, to remain available until September 30, 1991 of which $900,000,000 shall not be available for obligation until April 1, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided, That of the funds appropriated in this Act, or from funds appropriated previously to the Foundation, not more than $97,900,000 shall be available for program development and management in fiscal year 1990; Provided further,That contracts may be entered into under the program development and management limitation in fiscal year 1990 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That none of the funds appropriated in this Act may be used directly or through grants, contracts or other award mechanisms, for agreements executed after enactment of this Act, to pay or to provide reimbursement for the Federal portion of the salary of any individual functioning as a Federal employee at more than the daily equivalent of the maximum rate paid for ES-6 for assignments to Senior Executive Service positions, unless specifically authorized by law: Provided further,That notwithstanding the preceding proviso, none of the funds appropriated in this Act may be used to pay the salary of any individual functioning as a Federal employee, or any other individual, through a grant or grants at a rate in excess of $95,000 per year: Provided further, That of the funds appropriated in this Act, $900,000 shall be available only for the International Institute for Applied Systems Analysis, and that, notwithstanding any other provision of law, the Director may choose not to obligate these funds for that purpose: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. academic research facilities For necessary expenses in carrying out an academic research facilities program pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, $20,000,000, to remain available until September 20, 1991: Provided, That funds made available under this heading shall not be available for obligation until September 1, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change. united states antarctic program activities For necessary expenses in carrying out the research and operational support for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); maintenance and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; $7 4,000,000, to remain available until expended: Provided, That receipts for support services and materials provided for non-Federal activities may be credited to this appropriation: Provided further. That no funds in this account shall be used for the purchase of aircraft other than ones transferred from other Federal agencies: Provided further, That no funds in this or any other Act shall be used to acquire or lease a research vessel with ice-breaking capability built by a shipyard located in a foreign country if such a vessel of United States origin can be obtained at a cost no more than 50 per centum above that of the least expensive technically acceptable foreign vessel bid: Provided further, That, in determining the cost of such a vessel, such cost be increased by the amount of any subsidies or financing provided by a foreign government (or instrumentality thereof) to such vessel’s construction: Provided further, That if the vessel contracted for pursuant to the foregoing is not available for the 1989–1990 austral summer Antarctic season, a vessel of any origin may be leased for a period of not to exceed 120 days for that season and each season thereafter until delivery of the new vessel: Provided further, That the preceding three provisos shall not apply to appropriated funds used for the lease of the vessel POLAR DUKE, nor for procurements covered by the GATT Agreement on Government Procurement: Provided further, That the vessel contracted for pursuant to the foregoing shall be of United States registry. united states antarctic logistical support activities For necessary expenses in reimbursing Federal agencies for logistical and other related activities for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); maintenance, and operation of aircraft and purchase of flight services for research and operations support; maintenance and operation of research ships and charter or lease of ships for research and operations support; improvement of environmental practices and enhancement of safety; hire of passenger motor vehicles; not to exceed $82,000,000, to remain available until expended: Provided, That funds made available under this heading shall not become available for obligation until September 30, 1990, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided further, That receipts for support services and materials provided for non-Federal activities may be credited to this appropriation. science education activities For necessary expenses in carrying out science and engineering education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, $210,000,000, to remain available until September 30, 1991: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $2,600,000, to remain available until September 30, 1991. Neighborhood Reinvestment Corporation payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $27,260,000. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101–4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $26,313,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States: Provided further, That notwithstanding the provisions of 50 U.S.C. App. 460(g), none of the funds appropriated by this Act may be obligated for in connection with the preparation of more than one report each year to the Congress covering the operation of the Selective Service System.

  16. Community Development Banking and Financial Institutions Act of 1994

    Pub. L. 103–325 title I § 120(a) · 108 Stat. 2160

    Struck · 12 U.S.C. § 1766(k)

    Pub. L. 103–325 struck out subsec. (k) which read as follows: “Notwithstanding any other provision of law, the Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99–609, sec. 1, Nov. 6, 1986, 100 Stat. 3475) subject only to the rules and regulations prescribed by the Board.”

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 103–325 struck out subsec. (k) which read as follows: “Notwithstanding any other provision of law, the Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99–609, sec. 1, Nov. 6, 1986, 100 Stat. 3475) subject only to the rules and regulations prescribed by the Board.”

    Enacted provision · exact public law section
    (a) Repeal.— Section 120 of the Federal Credit Union Act (12 U.S.C. 1766) is amended by striking subsection (k).

  17. Pub. L. 109–351 title VII § 726(10) · 120 Stat. 1966

    Substituted · 12 U.S.C. § 1766(h)

    Pub. L. 109–351 substituted “chapter 93 of title 31” for “the Act approved July 30, 1947 (6 U.S.C., secs. 6–13)”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–351 substituted “chapter 93 of title 31” for “the Act approved July 30, 1947 (6 U.S.C., secs. 6–13)”.

    Enacted provision · exact public law section
    (10) In section 120(h), 12 USC 1766. strike “the Act approved July 30, 1947 (6 U.S.C., secs. 6–13),” and insert “chapter 93 of title 31, United States Code,”.

13 of 21 references resolved to an enrolled provision · 4 partial · 4 unresolved

Editorial Notes

References in Text

The Economic Opportunity Act of 1964, referred to in subsec. (f)(2)(B), is Pub. L. 88–452, , 78 Stat. 508, which was classified generally to chapter 34 (§ 2701 et seq.) of Title 42, The Public Health and Welfare, prior to repeal, except for titles VIII and X, by Pub. L. 97–35, title VI, § 683(a), , 95 Stat. 519. Titles VIII and X of the Act are classified generally to subchapters VIII (§ 2991 et seq.) and X (§ 2996 et seq.) of chapter 34 of Title 42. For complete classification of this Act to the Code, see Tables.

Amendments1937–2006 · 13 rounds

2006

Subsec. (h). Pub. L. 109–351 substituted “chapter 93 of title 31” for “the Act approved (6 U.S.C., secs. 6–13)”.

1994

Subsec. (k). Pub. L. 103–325 struck out subsec. (k) which read as follows: “Notwithstanding any other provision of law, the Board may exercise the authority granted it by the Community Development Credit Union Revolving Loan Fund Transfer Act (Public Law 99–609, sec. 1, , 100 Stat. 3475) subject only to the rules and regulations prescribed by the Board.”

1989

Subsec. (j). Pub. L. 101–73 added subsec. (j).

Subsec. (k). Pub. L. 101–144 added subsec. (k).

1987

Subsec. (i)(2). Pub. L. 100–86 inserted “acquire and dispose of, by lease or purchase, real or personal property, without regard to the provisions of any other law applicable to executive or independent agencies of the United States,” after “reimbursement,” and “, in accordance with the rules and regulations or policies established by the Board not inconsistent with this chapter” after “this chapter”.

1982

Subsec. (a). Pub. L. 97–320 inserted provisions relating to the special authority of the Board over a central credit union, and such a union’s general prerogatives and liabilities.

1978

Pub. L. 95–630 substituted “Board” for “Administrator” wherever appearing; and “it”, “them”, and “its” for “he”, “him”, and “his”, respectively, where appropriate.

1977

Subsec. (b)(3)(B). Pub. L. 95–22 substituted “member accounts” for “shares”.

1970

Subsecs. (a) to (h). Pub. L. 91–206, § 2(1), (3), substituted “Administrator” for “Director” and “Administration” for “Bureau” wherever appearing.

Subsec. (i). Pub. L. 91–206, § 4, added subsec. (i).

1968

Subsec. (f). Pub. L. 90–375 redesignated existing provisions as par. (1) and added par. (2).

1959

Pub. L. 86–354 made capitalization, punctuation and phraseological changes throughout text; redesignated, in subsec. (b)(3), cls. (i) to (iv) as (A) to (D) and corrected in cl. (A) the final “cerdit” to read “credit”; redesignated, in subsec. (b)(4), cls. (i) to (iii) as cls. (A) to (C); and redesignated the second subsec. (b) and subsecs. (c) to (g) as (c) to (h), respectively.

1954

Subsec. (f). Act , added subsec. (f).

Subsec. (g). Act , added subsec. (g).

1946

Subsec. (b). Act , provided a more adequate statutory procedure for the administration of this chapter by expressly authorizing the liquidation of a Federal credit union and setting up a procedure which will achieve more orderly and complete liquidation.

1937

Subsec. (e). Act , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–630 effective on expiration of 120 days after , and transitional provisions, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of this title.

Effective Date of 1968 Amendment

Pub. L. 90–375, § 2(b), , 82 Stat. 285, provided that: “The amendments made by subsection (a) [amending this section] shall become effective .”

Credits

1934–2006 · 19 acts
  1. 1934June 26, 1934, ch. 750, title I, § 120, formerly § 16, 48 Stat. 1221
  2. 1937Dec. 6, 1937, ch. 3, § 3, 51 Stat. 4
  3. 1946July 31, 1946, ch. 711, § 8, 60 Stat. 745
  4. 19471947 Reorg. Plan No. 1, § 401, eff. , 12 F.R. 4534, 61 Stat. 952
  5. 1948June 29, 1948, ch. 711, §§ 1, 2, 62 Stat. 1091
  6. 1954June 30, 1954, ch. 426, § 2, 68 Stat. 336
  7. 1954Aug. 24, 1954, ch. 905, § 3, 68 Stat. 792
  8. 1959renumbered § 21 and amended Pub. L. 86–354, § 1, , 73 Stat. 635
  9. 1968Pub. L. 90–375, § 2(a), , 82 Stat. 285
  10. 1970Pub. L. 91–206, §§ 2(1), (3), 4, , 84 Stat. 49, 50
  11. 1970renumbered title I, § 120, Pub. L. 91–468, § 1(2), , 84 Stat. 994
  12. 1977amended Pub. L. 95–22, title III, § 306, , 91 Stat. 52
  13. 1978Pub. L. 95–630, title V, § 502(b), , 92 Stat. 3681
  14. 1982Pub. L. 97–320, title V, § 526, , 96 Stat. 1535
  15. 1987Pub. L. 100–86, title VII, § 707, , 101 Stat. 653
  16. 1989Pub. L. 101–73, title XII, § 1203, , 103 Stat. 520
  17. 1989Pub. L. 101–144, title III, , 103 Stat. 864
  18. 1994Pub. L. 103–325, title I, § 120(a), , 108 Stat. 2188
  19. 2006Pub. L. 109–351, title VII, § 726(10), , 120 Stat. 2002.
Show as published

(June 26, 1934, ch. 750, title I, § 120, formerly § 16, 48 Stat. 1221; Dec. 6, 1937, ch. 3, § 3, 51 Stat. 4; July 31, 1946, ch. 711, § 8, 60 Stat. 745; 1947 Reorg. Plan No. 1, § 401, eff. , 12 F.R. 4534, 61 Stat. 952; June 29, 1948, ch. 711, §§ 1, 2, 62 Stat. 1091; June 30, 1954, ch. 426, § 2, 68 Stat. 336; Aug. 24, 1954, ch. 905, § 3, 68 Stat. 792; renumbered § 21 and amended Pub. L. 86–354, § 1, , 73 Stat. 635; Pub. L. 90–375, § 2(a), , 82 Stat. 285; Pub. L. 91–206, §§ 2(1), (3), 4, , 84 Stat. 49, 50; renumbered title I, § 120, Pub. L. 91–468, § 1(2), , 84 Stat. 994; amended Pub. L. 95–22, title III, § 306, , 91 Stat. 52; Pub. L. 95–630, title V, § 502(b), , 92 Stat. 3681; Pub. L. 97–320, title V, § 526, , 96 Stat. 1535; Pub. L. 100–86, title VII, § 707, , 101 Stat. 653; Pub. L. 101–73, title XII, § 1203, , 103 Stat. 520; Pub. L. 101–144, title III, , 103 Stat. 864; Pub. L. 103–325, title I, § 120(a), , 108 Stat. 2188; Pub. L. 109–351, title VII, § 726(10), , 120 Stat. 2002.)

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