[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Pages 21262-21263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8170]


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SMALL BUSINESS ADMINISTRATION


Delegations of Authority

AGENCY: Small Business Administration.

ACTION: Notice of Delegations of Authority.

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SUMMARY: This document provides the public notice of the delegations of 
authority for lender oversight and enforcement activities by the 
Administrator of the Small Business Administration (SBA) to the 
Associate Administrator for the Office of Lender Oversight, the Lender 
Oversight Committee, and the Associate Deputy Administrator for Capital 
Access.

FOR FURTHER INFORMATION CONTACT: Janet A. Tasker, Associate 
Administrator for the Office of Lender Oversight, or Diane K. Wright, 
Attorney Advisor, U.S. Small Business Administration, 409 3rd Street, 
SW., Washington, DC 20416, telephone numbers: (202) 205-3049 or (202) 
205-6642, respectively; facsimile number: (202) 205-6846; and 
electronic mail: [email protected] or [email protected], 
respectively.

SUPPLEMENTARY INFORMATION: This publication provides the public notice 
of the Administrator's delegations of authority with respect to SBA's 
lender oversight and enforcement activities. It follows in time the 
Administrator's approval of designated responsibilities of SBA's Office 
of Lender Oversight. It also incorporates specific authorities enacted 
in Pub. L. 108-447, Division K (December 7, 2004) or promulgated in SBA 
regulations codified at 13 CFR part 120 or part 145. Delegation of 
Authority 12-G reads as follows:

Delegation of Authority No. 12-G.

    I. The Administrator of the SBA, Hector V. Barreto, pursuant to the 
authority vested in him by the Small Business Act, 15 U.S.C. 631, as 
amended, and the Small Business Investment Act of 1958, 15 U.S.C. 661, 
as amended, hereby delegates the following authorities:
    A. To the Associate Administrator for the Office of Lender 
Oversight (AA/OLO):
    1. 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 Section 3(r)(2) of the Small Business Act); other 7(a) lenders; 
Certified Development Companies (CDCs); and intermediaries 
participating in SBA's Microloan Program (as defined in 13 CFR 
120.701(e))] using a variety of oversight tools, including but not 
limited to: SBA's Loan and Lender Monitoring System (L/LMS); on-site 
reviews; off-site monitoring and evaluation; and lender ratings.
    c. To set capital standards for SBLCs.
    d. To assume responsibility for follow-up and day-to-day dealings 
with lenders with higher risk ratings of 4 or 5, other than servicing 
actions on individual loans (which will be reviewed by the Office of 
Financial Assistance (OFA)), including but not limited to approving 
delegations of program authority (for example new authority, renewal of 
authority, or expansion of authority in the Preferred Lender Program, 
Express Program, Premier Certified Lender Program or any other 
delegated program authority established in the future).
    e. To head and direct the activities of the Bureau of PCLP 
Oversight.
    f. To take all other actions relating to lender oversight 
activities that are not otherwise delegated to others pursuant to these 
Delegations of Authority.
    2. Enforcement Actions.
    a. To make recommendations to the Lender Oversight Committee 
relating to enforcement actions against lenders

[[Page 21263]]

with higher risk ratings (ratings of 4 or 5).
    b. To take enforcement actions against lenders with higher risk 
ratings (ratings of 4 or 5) as approved by the Lender Oversight 
Committee and, if necessary, as approved by the Administrator or his/
her authorized delegatee, with the concurrence of the Office of General 
Counsel.
    c. To take all other actions in connection with lender oversight 
enforcement for lenders with higher risk ratings (ratings of 4 or 5) 
that are not otherwise delegated to others pursuant to these 
Delegations of Authority.
    d. To take other actions in connection with lender oversight 
enforcement as permitted by regulation.
    3. Policy, Program, and Portfolio Analysis.
    a. To provide the Office of Capital Access (OCA) and appropriate 
program management offices with independent policy, program and 
portfolio analysis for SBA's loan programs and portfolios.
    b. To monitor changes in accounting, banking, and financial 
industries relative to small business lending, and recommend 
appropriate modification of SBA oversight and lending policies.
    c. To conduct reviews of the guaranteed purchase review process, 
practices and decisions.
    d. To provide L/LMS administration and support.
    4. To serve as the debarring and suspending official for SBA's 
financial assistance programs in accordance with current regulations.
    5. To take all other actions in connection with matters related to 
SBA's Lender Oversight Program and to do and perform and to assent to 
the doing and performance of, each and every act and thing requisite 
and proper to effectuate the powers granted herein.
    B. To the Lender Oversight Committee:
    1. To review reports on lender oversight activities.
    2. To review enforcement action recommendations of the AA/OLO for 
lenders with higher risk ratings (ratings of 4 or 5), and
    a. With respect to enforcement actions under Sections 23(b) 
(directive to increase capital for SBLC), 23(d) (revocation or 
suspension of loan authority of SBLC/non-Federally regulated lender), 
and 23(e) (cease and desist order issued to SBLC/non-Federally 
regulated lender) of the Small Business Act, to vote to recommend this 
or another action or to vote to not recommend action, to the 
Administrator or his/her authorized delegatee, and
    b. With respect to all other enforcement actions, to vote to 
approve, disapprove, or modify the action.
    3. To review OLO's budget, staffing, and operating plans.
    4. To take such other actions and perform such other functions as 
may be formally adopted by SOP or otherwise.
    C. To the Associate Deputy Administrator for Capital Access (ADA/
CA):
    1. In addition to the powers and authorities already delegated to 
the ADA/CA, to issue a directive to one or more SBLCs that he/she 
determines is being operated in an imprudent manner to increase capital 
to such level as he/she determines will result in the safe and sound 
operation of the SBLC, in accordance with SBA regulations.
    II. The authorities delegated to the AA/OLO, except the authority 
to change assigned ratings, may be redelegated.
    III. The authorities delegated to the AA/OLO may be exercised by 
any SBA employee officially designated as Acting in the position.
    IV. The authority delegated herein to the ADA/CA may be exercised 
by any SBA employee officially designated as Acting in the position.
    V. Other than the authority delegated to the Lender Oversight 
Committee in Paragraph I.B.2.b., the authorities delegated herein to 
the Lender Oversight Committee and the ADA/CA may not be redelegated. 
With regard to the Paragraph I.B.2.b., the Lender Oversight Committee 
may delegate authority to the AA/OLO to approve certain specified 
enforcement actions.
    VI. The authorities delegated herein can only be revoked by the 
Administrator and in writing.
    VII. All previous delegations that are contrary to these 
delegations are hereby revoked.
    VIII. These delegations of authority may be amended from time to 
time.

    Authority: 15 U.S.C. 634(b)(7); 15 U.S.C. 687(f); 15 U.S.C. 650; 
15 U.S.C. 696(3)(A); 15 U.S.C. 697(a)(2); 15 U.S.C. 697e(c)(8); and 
Pub.L. 104-208, Division D, Title I, Section 103(h) (September 30, 
1996).

    Dated: April 19, 2005.
Hector V. Barreto,
Administrator.
[FR Doc. 05-8170 Filed 4-22-05; 8:45 am]
BILLING CODE 8025-01-P