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B-200951 1 (1982-10-13)

handle is hein.gao/gaobadsuk0001 and id is 1 raw text is: 
                                                                              133
                   UNITED STATES GENERAL ACCOUNTING OFFICE
                             WASHINGTON, 134. 20548


oGENERAL COUNSEL                                   October 13, 1982

B-200951



Mrs. Mary E. Anderson, Presidet
Board of Directors             -_ -
Chatham park Village ioperative
737 East 83rd Place
Chicago, Illinois 60619

Dear Mrs. Anderson:

      This is in response to your letter dated July 6, 1982, on behalf of
 the Board of Directors of the Chatham Park Village Cooperative requesting
 our opinion on whether or not an expenditure for fund raising donations
 is permissible from the loan moneys received from the National Consumer
 Cooperative Bank. As you requested in a telephone conversation with
 Alan Belkin of my staff on September 28, 1982, this letter confirms what
 you were advised at that time.

      The National Consumer Cooperative Bank was converted from a mixed
 ownership Government corporation to a Federally chartered private bank
 owned and controlled by its cooperative stockholders by the Omnibus Bud-
 get Reconciliation Act of 1981, Pub. L. No. 97-35, 95 Stat. 357, 433,
 August 13, 1981, 12 U.S.C. § 3001 et seq. See H.R. Rep. No. 97-208, 718
 (1981). Vyhile the General Accounting Office and the Farm Credit Adminis-
 tration are authorized by section 115 of the National Consumer Coopera-
 .tive Bank Act, as amended, 12 U.S.C. § 3025, to examine and audit the
 Bank, it is not the 'function of our Office to review or resolve ques-
 tions involving matters of loan administration. Even when Federal agenc-
 ies or instrumentalities are concerned, we do not ordinarily rule on
 questions involving program administration unless we are requested to do
 so by the agency itself. For example, in B-205532, December 10, 1981
 (copy enclosed), which involved a somewhat similar question concerning
 the loan programs administered by a Federal agency and instrumentality,
 we said the following:

            A Federal agency or instrumentality is generally
       accorded a wide degree of latitude and discretion in admin-
       istering the Government programs that are under its juris-
       diction. This is especially true with respect to decisions
       involving specific loans and loan applications. It is clearly
       not the function of our Office to review or pass on the manner
       in which a Federal agency or instrumentality exercises its
       discretion in an individual case either with respect to the
       handling and servicing of a loan or in deciding whether or not
       a loan application should be approved.







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