12 U.S.C. § 3050 — Fees for providing technical assistance

Page 1491 TITLE 12—BANKS AND BANKING § 3051 of their responsibilities; the problems of and so- lutions for effective and efficient operation of their organizations or of cooperatives in gen- eral; and may by any means it deems appro- priate, conduct membership studies, provide membership education programs, and programs for informing consumers and the general public of the advantages of cooperative action. Man- agement supervision, review, and consultations shall be available from the Office to any eligible cooperative. (Pub. L. 95–351, title II, § 207, Aug. 20, 1978, 92 Stat. 513.) § 3048. Cooperation with Federal agencies offer- ing programs for consumer cooperatives in disseminating information The Office shall work closely with all United States Government agencies offering programs for which consumer cooperatives may be eligible to assure that information concerning all such programs is made available to eligible coopera- tives. (Pub. L. 95–351, title II, § 208, Aug. 20, 1978, 92 Stat. 513.) § 3049. Authorization of appropriations for ad- ministration; availability of amounts There are authorized to be appropriated to the Office $2,000,000 for the fiscal year ending Sep- tember 30, 1979, and for each of the two suc- ceeding fiscal years, such sums as may be nec- essary for the administration of this subchapter. Any sums so appropriated shall remain available until expended. (Pub. L. 95–351, title II, § 209, Aug. 20, 1978, 92 Stat. 513.) § 3050. Fees for providing technical assistance services; waiver; accounting and availability The Office may make the technical assistance services under this subchapter available for such fees as it may establish, except that such serv- ices as the Office may determine may be made available without charge to eligible coopera- tives depending on the nature of the services or on ability to pay. Any fees collected shall be ac- counted for separately and be available for ex- penses of the Office. (Pub. L. 95–351, title II, § 210, Aug. 20, 1978, 92 Stat. 513.) § 3051. Nonprofit corporation (a) Office of Self-Help Development and Tech- nical Assistance abolished; transfer of assets, etc. (1) Upon the incorporation of the nonprofit corporation described in subsection (b), the Of- fice of Self-Help Development and Technical As- sistance is hereby abolished. (2)(A) If the nonprofit corporation described in subsection (b) agrees to accept the liabilities of the Office, the Bank, notwithstanding any other provision of law, shall transfer all assets, liabil- ities, and property of the Office to such non- profit corporation on the day on which such nonprofit corporation is incorporated. (B) Such assets shall include all sums which are appropriated to the Office by the Congress and all sums which are contained in the Account established pursuant to section 3042 of this title. If any such sums are appropriated after the date on which the transfer described in subparagraph (A) occurs, the Bank shall promptly transfer such sums to such nonprofit corporation. (b) Establishment; Board of Directors; functions, etc. (1) As soon as possible after August 13, 1981, the Board shall establish a nonprofit corpora- tion under the laws of the District of Columbia and, notwithstanding the laws of the District of Columbia, name the directors of such nonprofit corporation. (2) Notwithstanding the laws of the District of Columbia, the Board of Directors of such non- profit corporation shall— (A) select an executive director who shall be responsible for the administration of such nonprofit corporation; (B) set the compensation of such executive director and the other employees of such non- profit corporation; (C) promulgate and publish the policies of such nonprofit corporation and make such policies available at all times to eligible co- operatives; and (D) perform the functions specified in sub- paragraphs (A) and (C) of paragraph (3). (3) Such nonprofit corporation shall only per- form— (A) the functions which are authorized to be performed pursuant to sections 3043 through 3048 of this title and section 3050 of this title; (B) such functions as are necessary to com- ply with the laws under which it was incor- porated in the District of Columbia; and (C) such functions as are necessary to re- main qualified as an organization described in section 501(c)(3) of title 26. (4) Notwithstanding any other provision of law— (A) the Bank may provide administrative or staff support to such nonprofit corporation; and (B) any member of the Board of Directors of the Bank may serve as a member of the Board of Directors of such nonprofit corporation. (c) Treatment for tax purposes (1) Notwithstanding any other provision of law, such nonprofit corporation shall be deemed to be, and treated as, qualified as an organiza- tion described in section 501(c)(3) of title 26 from the date on which such nonprofit corporation is established under the laws of the District of Co- lumbia until the date on which the Internal Revenue Service makes a final determination on the application which such nonprofit corpora- tion will submit to the Internal Revenue Service seeking status as an organization qualifying under such section. (2) When performed by such nonprofit corpora- tion, the functions described in subsection (b)(3)(A) shall be deemed to be performed for ‘‘charitable purposes’’ within the meaning of section 501(c)(3) of title 26. (d) Contributions from the Bank (1) The Board of Directors of the Bank may make contributions to the nonprofit corporation