12 U.S.C. § 1790e — Temporary Corporate Credit Union Sta-

Page 949 TITLE 12—BANKS AND BANKING § 1790e § 1790e. Temporary Corporate Credit Union Sta- bilization Fund (a) Establishment of Stabilization Fund There is hereby created in the Treasury of the United States a fund to be known as the ‘‘Tem- porary Corporate Credit Union Stabilization Fund.’’ The Board will administer the Stabiliza- tion Fund as prescribed by section 1789 of this title. (b) Expenditures from Stabilization Fund Money in the Stabilization Fund shall be available upon requisition by the Board, without fiscal year limitation, for making payments for the purposes described in section 1783(a) of this title, subject to the following additional limita- tions: (1) All payments other than administrative payments shall be connected to the con- servatorship, liquidation, or threatened con- servatorship or liquidation, of a corporate credit union. (2) Prior to authorizing each payment the Board shall— (A) certify that, absent the existence of the Stabilization Fund, the Board would have made the identical payment out of the National Credit Union Share Insurance Fund (Insurance Fund); and (B) report each such certification to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Rep- resentatives. (c) Authority to borrow (1) In general The Stabilization Fund is authorized to bor- row from the Secretary of the Treasury from time-to-time as deemed necessary by the Board. The maximum outstanding amount of all borrowings from the Treasury by the Sta- bilization Fund and the National Credit Union Share Insurance Fund, combined, is limited to the amount provided for in section 1783(d)(1) of this title, including any authorized increases in that amount. (2) Repayment of advances (A) In general The advances made under this section shall be repaid by the Stabilization Fund, and interest on such advance shall be paid, to the General fund of the Treasury. (B) Variable rate of interest The Secretary of the Treasury shall make the first rate determination at the time of the first advance under this section and shall reset the rate again for all advances on each anniversary of the first advance. The interest rate shall be equal to the average market yield on outstanding marketable ob- ligations of the United States with remain- ing periods to maturity equal to 12 months. (3) Repayment schedule The Stabilization Fund shall repay the ad- vances on a first-in, first-out basis, with inter- est on the amount repaid, at times and dates determined by the Board at its discretion. All advances shall be repaid not later than the date of the seventh anniversary of the first ad- vance to the Stabilization Fund, unless the Board extends this final repayment date. The Board shall obtain the concurrence of the Sec- retary of the Treasury on any proposed exten- sion, including the terms and conditions of the extended repayment and any additional ad- vances. (d) Assessment authority (1) Assessments relating to expenditures under subsection (b) In order to make expenditures, as described in subsection (b), the Board may assess a spe- cial premium with respect to each insured credit union in an aggregate amount that is reasonably calculated to make any pending or future expenditure described in subsection (b), which premium shall be due and payable not later than 60 days after the date of the assess- ment. In setting the amount of any assess- ment under this subsection, the Board shall take into consideration any potential impact on credit union earnings that such an assess- ment may have. (2) Special premiums relating to repayments under subsection (c)(3) Not later than 90 days before the scheduled date of each repayment described in sub- section (c)(3), the Board shall set the amount of the upcoming repayment and shall deter- mine whether the Stabilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund is not likely to have suffi- cient funds to make the repayment, the Board shall assess with respect to each insured credit union a special premium, which shall be due and payable not later than 60 days after the date of the assessment, in an aggregate amount calculated to ensure that the Sta- bilization Fund is able to make the required repayment. (3) Computation Any assessment or premium charge for an insured credit union under this subsection shall be stated as a percentage of its insured shares, as represented on the previous call re- port of that insured credit union. The percent- age shall be identical for each insured credit union. Any insured credit union that fails to make timely payment of the assessment or special premium is subject to the procedures and penalties described under subsections (d), (e), and (f) of section 1782 of this title. (e) Distributions from Insurance Fund At the end of any calendar year in which the Stabilization Fund has an outstanding advance from the Treasury, the Insurance Fund is pro- hibited from making the distribution to insured credit unions described in section 1782(c)(3) of this title. In lieu of the distribution described in that section, the Insurance Fund shall make a distribution to the Stabilization Fund of the maximum amount possible that does not reduce the Insurance Fund’s equity ratio below the nor- mal operating level and does not reduce the In- surance Fund’s available assets ratio below 1.0 percent. Page 950 TITLE 12—BANKS AND BANKING § 1795 1 So in original. The period probably should be a semicolon. (f) Investment of Stabilization Fund assets The Board may request the Secretary of the Treasury to invest such portion of the Stabiliza- tion Fund as is not, in the Board’s judgment, re- quired to meet the current needs of the Sta- bilization Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities, with maturities suitable to the needs of the Stabilization Fund, as determined by the Board, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on out- standing marketable obligations of the United States of comparable maturity. (g) Reports The Board shall submit an annual report to Congress on the financial condition and the re- sults of the operation of the Stabilization Fund. The report is due to Congress within 30 days after each anniversary of the first advance made under subsection (c)(1). Because the Fund will use advances from the Treasury to meet cor- porate stabilization costs with full repayment of borrowings to Treasury at the Board’s discretion not due until 7 years from the initial advance, to the extent operating expenses of the Fund ex- ceed income, the financial condition of the Fund may reflect a deficit. With planned and required future repayments, the Board shall resolve all deficits prior to termination of the Fund. (h) Closing of Stabilization Fund Within 90 days following the seventh anniver- sary of the initial Stabilization Fund advance, or earlier at the Board’s discretion, the Board shall distribute any funds, property, or other as- sets remaining in the Stabilization Fund to the Insurance Fund and shall close the Stabilization Fund. If the Board extends the final repayment date as permitted under subsection (c)(3), the mandatory date for closing the Stabilization Fund shall be extended by the same number of days. (June 26, 1934, ch. 750, title II, § 217, as added Pub. L. 111–22, div. A, title II, § 204(f)(1), May 20, 2009, 123 Stat. 1651; amended Pub. L. 111–382, § 1, Jan. 4, 2011, 124 Stat. 4134.) Editorial Notes AMENDMENTS 2011—Subsec. (c)(3). Pub. L. 111–382, § 1(a), inserted ‘‘and any additional advances’’ before period at end. Subsec. (d). Pub. L. 111–382, § 1(b), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘At least 90 days prior to each repayment described in subsection (c)(3), the Board shall set the amount of the upcoming repayment and determine if the Sta- bilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund might not have sufficient funds to make the repayment, the Board shall assess each federally insured credit union a spe- cial premium due and payable within 60 days in an ag- gregate amount calculated to ensure the Stabilization Fund is able to make the repayment. The premium charge for each credit union shall be stated as a per- centage of its insured shares as represented on the credit union’s previous call report. The percentage shall be identical for each credit union. Any credit union that fails to make timely payment of the special premium is subject to the procedures and penalties de- scribed under subsections (d), (e), and (f) of section 1782 of this title.’’ SUBCHAPTER III—CENTRAL LIQUIDITY FACILITY § 1795. Congressional findings The Congress finds that the establishment of a National Credit Union Central Liquidity Facil- ity is needed to improve general financial sta- bility by meeting the liquidity needs of credit unions and thereby encourage savings, support consumer and mortgage lending, and provide basic financial resources to all segments of the economy. (June 26, 1934, ch. 750, title III, formerly subch. III, § 301, as added Pub. L. 95–630, title XVIII, § 1802, Nov. 10, 1978, 92 Stat. 3719; amended Pub. L. 96–221, title III, § 309(b)(1), Mar. 31, 1980, 94 Stat. 149.) Editorial Notes CODIFICATION Section 309(b)(1) of Pub. L. 96–221 redesignated subch. III as title III of act June 26, 1934, ch. 750, cited as a credit to this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–630, title XVIII, § 1806, Nov. 10, 1978, 92 Stat. 3724, provided that: ‘‘This title [enacting this sub- chapter and amending section 1757 of this title, section 709 of Title 18, Crimes and Criminal Procedure, and sec- tion 856 of former Title 31, Money and Finance] shall take effect on October 1, 1979.’’ SHORT TITLE For short title of title XVIII of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3719, as the ‘‘National Credit Union Central Liquidity Facility Act’’, see section 1801 of Pub. L. 95–630, set out as a Short Title of 1978 Amend- ment note under section 1751 of this title. § 1795a. Definitions As used in this subchapter, the term— (1) ‘‘liquidity needs’’ means the needs of credit unions primarily serving natural per- sons for— (A) short-term adjustment credit available to assist in meeting temporary requirements for funds or to cushion more persistent out- flows of funds pending an orderly adjust- ment of credit union assets and liabilities; (B) seasonal credit available for longer pe- riods to assist in meeting seasonal needs for funds arising from a combination of ex- pected patterns of movement in share and deposit accounts and loans; and (C) protracted adjustment credit available in the event of unusual or emergency cir- cumstances of a longer term nature result- ing from national, regional or local difficul- ties.1 (2) ‘‘Central Liquidity Facility’’ or ‘‘Facil- ity’’ means the National Credit Union Central Liquidity Facility; (3) ‘‘paid-in and unimpaired capital and sur- plus’’ means the balance of the paid-in share