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B-214172 1 (1984-07-10)

handle is hein.gao/gaobadbtr0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON D.C. 20648 B-214172 July 10, 1984 The Honorable Parren J. Mitchell Chairman, Committee on Small Business House of Representatives Dear Mr. Chairman: This is in response to your request for an opinion from our Office as to the legal program levels in fiscal year 1984 for three loan programs administered by the small Business Administration (SBA). The question arises in light of what SBA claims is a conflict between the spending levels established for these programs in SBA's authorizing legislation and the levels provided for the same programs in SBA's appropriation for the 1984 fiscal year, as explained by the report of the conference cwiamittee on the 1984 appropriation act. From informal discussion with staff of the Office of Management and Budget (OMB), we understand that OMB approved SBA's request to apportion these funds based on the amounts contained in the lump-sum appropriation. It appears that SBA has been making obligations and expenditures at a rate based on the higher levels indicated in the conference report. For the reasons set forth hereafter, it is our view that the spending levels set forth in the authorizing legislation for these programs have not been amended or repealed by the 1984 SBA appropriation or by its legislative history and are still in effect. As amended by section 1905 of the Omnibus Budget Recon- ciliation Act of 1981, Pub. L. No. 97-35, 95 Stat. 357, 775, August 13, 1981, section 20(q) of the small Business Act (SB Act), 15 U.S.C. 5 631 (note) established specific spending levels or ceilings for SBA's various direct and guaranteed loan programs for the 1984 fiscal year as follows: (q) The following program levels are authorized for fiscal year 1984. (1) For the programs authorized by section 7(a) of this Act, the Administration is autho- rized to make $195,000,000 in direct and immedi- ate participation loans; and of such sum, the Administration is authorized to make $15,000,000 in loans as provided in paragraph (10), $45,000.,000 in loans as provided in paragraph (11), and S10,000,QOU in loans as provided in paragraph (12).

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