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B-167790 1 (1978-09-26)

handle is hein.gao/gaobadgkp0001 and id is 1 raw text is: 

I


                             THE  COMPTROLLER GENERAL
DECISION .: TmE UNITED STATES
                             WA MINGTON.  C.C. 20H54
                   ** ~iflX


FILE:  B-167790


MATTEOR


DIGUEET:


.


DATE:  September 26, 1978


OF:   Small Business Administration Disaster Loan
      in Rockland Courty, New York

 Contrary to SEks interpretation, section 405 of
 Pub. L. No. 95-89which reduced interest rates on
 section 7(b)(1) disaster loans for disaster
 o&curring on or after July 1, 1976 * * *, does
 apply'to disaster that began before July 1,
 provided it was still continuing, as indicated
 by offtcial disaster derlaration, on that date.
 Since S3.- hasuautho rity to and in fact did make
 specific declaration diklarin iJune 30, 1976, as
 dpte of disastet on which Rockland County,
 Ne  York wiar flooded. SA should reexdmine
 relevant informition to detiermine if, disaster
 vs  still oceLzrring on July 1 and ihether
 diaster declaration should be arinded to so
 povide, in which case section 4C5 of Pub. L. No.
 95-89 would cover those disaster loans,


     This decision to the-Administrator of the Small Business
Administration (SBA' results fiom a requcst b:2fepresentative Benjamin A.
Gilua  that.our Office review SBA's interpretationof section 405 of
Pub. L. No. 95-C9 (91 Stat. 553, 560, approved Augat 4, 1977), which
amended section 7(b) of the Small Business Act, 15 D.S.C. I 636(b).

     Section 7(b)(1) authorizes the Administator to make loans which
he deems necessary or appropriste because of floods, riots or civil
disordeis, or other catastrophies. Pursuant to section 405 of Pub.
L. No.'93-89, section 7(b) of the Small Busineeg Act was amended by
the'insortion of an additional paragraph, reading in pertinent part
am f'L-ows:


     'Wtwithstanding any other provision of laws the
interest rite.on the Adidnistration's share of any
loan mads pursisant to paragraph (1) of this subsection
to repair or replace a primary residence and/or re-
place or repair damaged or destroyed personal property,


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