Delegations of Authority: Delegation of Authority No. 12-G, Revision 1
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Notice of Delegations of Authority.
Citation: "79 FR 56842"
Page Number: "56842"
"Notices"
SUMMARY: This document provides the public notice of a revision to Delegations of Authority No. 12-G (70 FR 21262,
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: This publication provides the public notice of a revision to the Administrator's Delegations of Authority with respect to SBA's lender oversight and enforcement activities. Specifically, this revision provides the public notice of a change in the name of the office from the "
In addition, the revision grants further authority in lender oversight and enforcement matters to the D/OCRM, the
The revision also expands certain authorities of the
Delegation of Authority No. 12-G, Revision 1.
I. The Administrator of the SBA, pursuant to the authority vested in her by the Small Business Act, 15 U.S.C.
A. To the Director,
1. Loan Program Delegated Authority Renewals and Community Advantage Program Participation. To approve or decline: (i) Renewal of 7(a) Lender participation in the Preferred Lenders (PLP) /1/ , SBA Express, Export Express, and
FOOTNOTE 1 The D/OCRM's authority to renew PLP authority will also include renewal of CLP authority if CLP authority is expiring at the same time. END FOOTNOTE
a. PLP.
To approve or decline the renewal of a 7(a) Lender's participation in PLP /2/ and PLP-EWCP.
FOOTNOTE 2 This includes authority to renew CLP that is expiring with renewal of PLP. END FOOTNOTE
b. SBA Express Program.
To approve or decline the renewal of a 7(a) Lender's participation in SBA Express.
c. Export Express Program.
To approve or decline the renewal of a 7(a) Lender's participation in Export Express.
d. ALP.
To approve or decline the renewal of a CDC's participation in ALP.
e. PCLP.
To approve or decline the renewal of a CDC's participation in PCLP.
f. Other Delegated Lending Authority Programs.
To approve or decline the renewal of an SBA Lender's participation in other delegated lending authority programs hereafter established unless otherwise provided.
g. Community Advantage Program.
(i) To approve or decline a lender's application for participation in Community Advantage, including delegated lending authority and/or the authority to sell Community Advantage loans on the Secondary Market.
(ii) To approve or decline the renewal of a lender's participation in Community Advantage, including delegated lending authority and/or the authority to sell Community Advantage loans on the Secondary Market.
2. Lender Oversight Activities.
a. To direct and coordinate SBA's lender oversight activities.
b. To review, examine, monitor, and assess the risks to SBA loan programs of SBA Lenders (including but not limited to: Small Business Lending Companies (SBLCs); Non-Federally Regulated Lenders (as defined in 13 CFR 120.10, NFRLs); other 7(a) Lenders; and CDCs) and Intermediaries in the Microloan Program and Intermediaries in the ILP Program (collectively, Intermediaries) (the latter two programs in conjunction with
c. To assign Risk Ratings and Assessments.
d. To conduct increased supervision.
e. To oversee SBA Supervised Lender reporting (including, but not limited to, receiving: SBA Supervised Lender reports; capital impairment notices; copies of documents related to transfer of ownership or control filed with another authority; and requests for SBA Supervised Lender reporting waivers) and to make the final Agency decision to waive any reporting requirements for SBA Supervised Lenders.
f. To assume responsibility for the follow-up and dealings with SBA Lenders and Intermediaries regardless of Risk Rating, in matters involving lender oversight, supervision and enforcement.
g. To head and direct the activities of the
h. To oversee Agent activity in SBA's business loan programs. For purposes of these delegations, "Agent" refers to an Agent under 13 CFR 103.1(a) of an applicant or participant in SBA's business loan programs.
i. To take all other actions relating to lender oversight activities and supervision that are not otherwise delegated to others.
3. Enforcement Actions.
a. To make recommendations to the
b. To take formal enforcement actions under 13 CFR 120.1500-120.1540 against SBA Lenders and Intermediaries as approved by the
c. To approve and take informal enforcement actions against SBA Lenders and Intermediaries.
d. To take all other actions in connection with lender oversight enforcement for SBA Lenders and Intermediaries that are not otherwise delegated to others (including, but not limited to, receiving written objections to proposed enforcement actions or immediate suspensions, requests for clarification of the notice of actions, and requests for additional time to respond to the notice of actions and making the final Agency decision on requests for clarification and additional time to respond).
e. To approve or disapprove suspension or revocation of the privilege of any Agent in SBA's business loan programs to conduct business with SBA under 13 CFR part 103 or take other Agent action as available under law.
f. To take other actions in connection with lender oversight enforcement as permitted by SBA Loan Program Requirements or other law that are not otherwise delegated herein.
4. Policy, Program, and Portfolio Analysis.
a. To provide the
b. To conduct quality assurance activities at SBA loan operation centers.
c. To monitor changes in accounting, banking, and financial industries relative to financial institution oversight and recommend appropriate modification of SBA oversight policies.
d. To manage the content of SBA's Loan and Lender Monitoring System.
5. To implement portfolio and servicing transfers in conjunction with increased supervision or enforcement activity. This includes, but is not limited to, determining transferee.
6. To serve as the debarring and suspending official for SBA's financial assistance programs.
7. To take all other actions in connection with matters related to SBA Lender, Intermediary, and Agent oversight, supervision and enforcement and SBA's Credit Risk Management Program and to take any and all action necessary and proper to execute or implement the authority granted herein.
B. To the
1. To review reports on lender oversight activities.
2. To review formal enforcement action recommendations of the D/OCRM for SBA Lenders, Microloan Intermediaries and ILP Intermediaries and
a. With respect to formal enforcement actions under Sections 23(d) (revocation or suspension of loan authority of SBLC/NFRL) and 23(e) (Cease and Desist Order issued to SBLC/NFRL) of the Small Business Act, to vote to recommend such action or any other action under this paragraph to the Administrator or his/her authorized delegatee or to vote to not recommend action under this paragraph to the Administrator or his/her delegatee, and
b. With respect to all other formal enforcement actions not otherwise delegated to others herein, to vote to approve, disapprove, or modify the action.
3. To review OCRM's budget, staffing, and operating plans.
4. To review in an advisory capacity any lender oversight, portfolio risk management, or program integrity matters brought by the D/OCRM at his/her discretion on a case by case basis.5. To take such other actions and perform such other functions as may be formally adopted in SBA Loan Program Requirements or otherwise.
6.
C. To the Associate Administrator for Capital Access (AA/CA): In addition to the powers and authorities already delegated to the AA/CA:
1.
a. To set capital standards for SBLCs in general.
b. To set higher individual minimum capital requirements for an SBLC.
c. To issue a capital directive to an SBLC.
d. To make the final Agency decision on waiver of the loan guaranty presentment prohibition for an SBA Supervised Lender that is capitally impaired, in consultation with the
II. The authorities delegated to the D/OCRM, except the authority to change assigned ratings, may be redelegated.
III. The authorities delegated to the D/OCRM may be exercised by any SBA employee officially designated as Acting in the position.
IV. Other than the authority delegated to the
V. The authorities delegated to each
VI. The authorities delegated to the AA/CA in Paragraph I.C.1. except the authority in Subparagraph I.C.1.a. (to set SBLC capital standards), cannot be redelegated.
VII. The authorities delegated herein to the AA/CA may be exercised by any SBA employee officially designated as Acting in the position.
VIII. The authorities delegated herein can only be revoked or amended by the Administrator and in writing.
IX. All previous delegations that are contrary to these delegations are hereby revoked.
Authority: 5 U.S.C. 302; 15 U.S.C. 634; 15 U.S.C. 636; 15 U.S.C. 642; 15 U.S.C. 650; 15 U.S.C. 687(f); 15 U.S.C. 696(3)(A); 15 U.S.C. 697; Pub. L. 104-208, Division D, Title I, Section 103(h) (
Dated:
Administrator.
[FR Doc. 2014-22537 Filed 9-22-14;
BILLING CODE 8025-01-P
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