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B-114827 1 (1976-07-28)

handle is hein.gao/gaobaddjx0001 and id is 1 raw text is: 




DIlSION





FILE: B-114827


MATTER OF:
              Federal Home Loan Bank Board building insurance


DIGEST:


Federal Home Loan Bank Board may purchase insurance
covering risk of loss to new building. Government
policy of insuring its own risks of loss, based on
wide distribution of type and geographical location
of its risks, does not apply here since total loss
may be ultimately sustained by Federal Home Loan
Bank System due to nature of funding for building.


     The Federal Home Loan Bank Board (the Board) requests our
decision as to whether it has authority to purchase insurance covering
risk of loss on its new office building. Although the property in
question is to be held in the name of the United States, the Board
indicates that it could find no authority for concluding that general
funds of the Treasury would be available to replace or repair the
structure for the benefit of the Board in the event of loss. The
Board recognizes that it is established Government policy that, unless
expressly authorized by statute, an agency may not expend funds for
insurance to cover loss or d.aage to Government property. It suggests,
however, that this rule is inapplicable because any loss or damage
would be payable from Federal Home Loan Bank System funds and not from
appropriated funds.

     Pursuant to section 18(c) of the Federal Home Loan Bank Act, as
amended, 12 U.S.C. § 1438(c)(1970), the Board was authorized to acquire
a site in the District of Columbia and to construct thereon suitable
buildings and facilities for the Board and the agencies under its ad-
ministration or supervision. The  subject building is expected to be
completed early in 1977.

     Although the property is to be held in the name of the Uuited
States (see 12 U.S.C. § 1438(c)(l)(A)), we have been advised that funds
for its construction are being obtained from the Federal Home Loan
Banks under the Board's adminiitration or supervision through assess-
ments made by the Board pursuant to 12 U.S.C. 9 1438(b). The proceeds
from such assessments, as well as other receipts of the Board, are
deposited in a special account mt the United States Treasury and are
made available to the Board pureuant to annual appropriation acts. See
12 U.S.C, SE 1439, 1439A (197); 15 U.S.C. 6 712 (1970); see, e.g., the



                                                     '05=oP, Gnz. ...


.ER
        THE  COMPTROL...i- GENERAL
        OF   THE UNITED STATES
        WASHINGTON, D. C. 2.)548



               DATE:   JUL 2 8 1976
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