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

B-197439 1 (1980-10-07)

handle is hein.gao/gaobabjeb0001 and id is 1 raw text is: 





                   /~  Ya.I
    \7'.,.)-V     UNITED STATES GENERAL ACCOUNTING OFFICE   .A
    t.;. ., .:                WASHINGTON, D.C. 20548

                                                    IN PIrILY
   OFFICE OF GEEH.,ALCOUsEL                         ,MNTO; B-197439
                                                    Octobar 7, 1980

          The Honorable Benjamit A. Gilman
          U.S, House of Representatives

          D e a r M r . G i lm a n : w' ,t , I *, ) 3 ,it nbla t, p b l fl. rr4tn .2
               ThiLu is in reply to, your Inquiry of 4ugust 12, 1980,
          concerning the dissatisAtction of the Village of New
          Square with recent actiors 'reportedly taher by the Small
          usiness Administration(          Apparently,\the Village of
          New Square is disturbed over the possibility t'hat SBA will
          not fulfill 'its promise to invest 'in Square Deal Venture
          Capitol Corporation, a minq rity enterprise small business
          investment company (iIESBIC)\ in which New Square is intor-
          ested. Presumably, SeA's puwported actions were based on a
          recent Comptroller General aeciion.

               On July 29, 1980, we islued our decision By197439
          (copy enclosed), holding that 9 absent a specific, statittory
          provision to the contrary, SB labks authority.to leverage
          against Federal funds investe             ,    ,in'tESBTCn, since Ithe statute
          generally applicable to leveraging investmentb in MESBICs
          l.imits the leverage to privat   funds, that is, to'invest-
          zr.ents m.-ade by private, non-fedaral source., The decision
          points tO investments in ,4ESBIC  pursuant to the C'nnunity
          Services Act as an example of a,'situiation Where a soecific
          statutory provision allows Federal notiey to be considoted
          private for leveraging purposes.X\. In the altuation ut issue
          in B-197439, however, the source,'of the Federal funds was
          the i'ederal Railroad Administration, and there was noxstatu-
          tory authority for the investment\to be considered private
          for matching'or leveraging purpose s. And the source of jthe
          Federal investment iln the Square Deal Venture Capitol,,Co'-
          poration of New Square, apparently, is a block grant a.Utho-
          rized under the Coiununity Dev ,lopment Act of 1974, a statute
          not considered in our decision.

              IWe understand that stV lis categorizing,the Federal '
          investments in MESOICS: as w0ll as any existing:SBA leve'raging
          colrnitments, anq,'plans ,to request our assistance in detbrmin-
          ing how to treat existing levursaging coraitmnints. That wil,
          undoubtedly, include consideration of investments in MESOICs
          authorized under :the Hiousing and Conmunity Development Act
i        of 1974, and whethler SBA is authorized by statute to leverzwo
         lrjainnt th=em. Since tho i'uderal investmnent in ;qtmaz'c DeaI.



      '                               I:  '             I,

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