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B-171500 1 (1976-08-31)

handle is hein.gao/gaobaddam0001 and id is 1 raw text is: DECISIONI : ' . THE COMPTrCOLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE. BDATE: FIE B-171500 AUG 3 11976 /02 MATTER OF: Department of Housing and Urban Development Rehabili- tation Loan Program DIGEST: Under section 312 of Housing Act of 1964, as amended, and languace of 1977 appropriation act, Department of Housing and Urban Development may make new commit- ments for rehabilitation loans immediately after August 22, 1976, from previous appropriation balances which would otherwise become unavailable after that date. Ambiguous reference to such prior appropriations in 1977 appropriation act could be read as making prior appropriations available only during fiscal year 1977. However, this narrow construction would create hiatus in funding from August 22 to October 1, 1976, which was clearly not intended by Congress. The Under Secretary of the Development (HUD7) has requested Department can cormit balances, section 312 rehabilitation loan October 1, 1976. Department of Hlousing and Urban our opinion as to whether the including repayvonts, in the fund, between August 22 and Section 312 of the Housing Act of 1964, as amended, 42 U.S.C. 1 1452b, authorizes H7UD to make direct loans to finance the rehabilita- tion of certain classes of real property. Budget authority for the makint of loans is obtained through a revolving fund, established by subsection 312(d), which consists of appropriations made from time to time and miscellaneous proceeds derived primarily from loan repayments. Until the most recent amendment of section 312 by the Housing Authorization Act of 1976, infra, appropriaticns for the rehabilitation loan program were authorized for fiscal year 1976 and into the fiscal year transition quarter beginning on July 1, 1976. * / However, sub- section 312(h) provided, in effect, that no loan could be made under / The Act approved December 9, 1975, Pub. L. No. 94-144, 89 Stat. 800, provided a general authorization for transition quarter appro--/ priations to continue programs for which funding was authorized on June 30, 1976. - 1 - ~5 Czp.Gc-........ K

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