About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-204227 1 (1981-10-21)

handle is hein.gao/gaobadjvi0001 and id is 1 raw text is: 



oECISIdN




FILE: B-204227


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. 0. C. 20548


DATE:


October  21,  1981


MATTER OF: National Credit Union Administration -
                Central Liquidity Facility


DIGEST:


The National Credit Union Administration (NCUA) has
authority under 12 U.S.C. § 1795f to issue its own
debt obligations on behalf of the NCUA Central Liquidity
Facility (CLF). However, the debt obligations NCUA issues
on behalf of the CLF would not be general obligations of
the United States supported by the full faith and credit
of the Federal Government. The statutory language,
considered together with its legislative history, demon-
strates that Congress did not intend that borrowings on
behalf of CLF be backed by the full faith and credit of
the United States.


     This decision is in response to a request from the National Credit
Union Administration (NCUA) for a legal opinion concerning its authority
to offer in the public credit markets, certain debt instruments for the
purpose of funding activities of the NCUA Central Liquidity Facility
(CLF).

     Specifically, the NCUA requests our concurrence in its position
that:

          (1) the National Credit Union Administration
          has authority under the Federal Credit Union Act,
          as amended, to issue debt obligations on behalf
          of the Central Liquidity Facility; and that (2)
          such obligations shall, when duly executed and
          authenticated and delivered to the purchasers
          thereof against payment of the agreed consideration
          therefore, constitute legal, valid and binding
          general obligations of the United States of America
          in accordance with their terms and shall be backed by
          the full faith and credit of the United States of
          America.

For the reasons given below, we concur in NCUA's position regarding
the first question, but do not concur in its position regarding the
second question.

     The NCUA was established by Congress in 1970 pursuant to Pub. L.
No. 91-206, 84 Stat. 49, March 10, 1970, 12 U.S.C. § 1752a, as an
independent agency within the executive branch of the Government.
The basic responsibility of the NCUA is to administer the provisions
of the Federal Credit Union Act, as amended, 12 U.S.C. §5 1751-1795.


f/(~7O7

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most