[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56942-56947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25276]


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DEPARTMENT OF COMMERCE

Economic Development Administration


Implementation of Revolving Loan Fund Risk Analysis System

AGENCY: Economic Development Administration, U.S. Department of 
Commerce.

ACTION: Notice of proposed performance measures and request for 
comments.

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SUMMARY: This notice outlines and solicits public comments on the 
performance measures that the Economic Development Administration (EDA) 
has selected to implement the Risk Analysis System to monitor the 
Revolving Loan Fund (RLF) Program. The Risk Analysis System, which is 
being implemented by concurrent changes to EDA regulations, is designed 
to lessen reporting and compliance burdens on RLF Recipients while 
providing for more efficient and effective oversight of the RLF 
Program. The Risk Analysis System measures are adapted from the Uniform 
Financial Institutions Rating System and evaluate RLF Recipients based 
on factors used by that system and data provided by RLF Recipients via 
the standard RLF Financial Report, Form ED-209. This notice seeks 
public comment on the measures EDA will use to assess performance under 
the Risk Analysis System.

DATES: Written comments are due on or before January 2, 2018.

ADDRESSES: Comments on the notice may be submitted through any of the 
following methods:
     Email: [email protected]. Include ``Comments on EDA 
Notice'' and ``Implementation of Revolving Loan Fund Risk Analysis 
System'' in the subject line of the message.
     Fax: (202) 482-5671. Please indicate ``Attention: Office 
of the Chief Counsel,'' ``Comments on EDA Notice,'' and 
``Implementation of Revolving Loan Fund Risk Analysis System'' on the 
cover page.
     Mail: Ryan Servais, Attorney Advisor, Office of the Chief 
Counsel, Economic Development Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Suite 72023, Washington, DC 
20230. Please indicate ``Comments on EDA Notice'' and ``Implementation 
of Revolving Loan Fund Risk Analysis System'' on the envelope.

FOR FURTHER INFORMATION CONTACT: Mitchell Harrison, Program Analyst, 
Performance and National Programs Division, Economic Development 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Mail Stop 71030, Washington, DC 20230 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    Investments to capitalize or recapitalize RLFs are governed by, 
inter alia, the Public Works and Economic Development Act of 1965, as 
amended (PWEDA) (42 U.S.C. 3121 et seq.), the regulations outlined at 
13 CFR part 307, subpart B, and the EDA RLF Standard Terms and 
Conditions attached to RLF grant awards. The purpose of RLF grants is 
to provide regions with a flexible and continuing source of capital, to 
be used with other economic development tools, for creating and 
retaining jobs and inducing private investment that will contribute to 
long-term economic stability and growth. RLF grants are awarded to 
States, regional development organizations, local governments, Indian 
tribes, and non-profit organizations.
    Currently, EDA applies a limited compliance-based approach to 
determine whether RLF Recipients adhere to regulatory requirements and 
fulfill the terms of RLF awards. RLF Recipients found to be non-
compliant are subject to possible corrective action plans (CAPs), 
sequestration, and termination.
    As part of its most recent amendment to the regulations 
implementing PWEDA, which are effectuated through a Final Rule 
published contemporaneously with this notice,\1\ EDA revised its RLF 
regulations to reflect best practices within the financial community 
and to strengthen EDA's efforts to evaluate, monitor, and improve RLF 
performance by moving to a risk-based approach to assess individual 
RLFs. This new approach, known as the Risk Analysis System, is modeled 
on the Uniform Financial Institutions Rating System, commonly known as 
the Capital, Assets, Management, Earnings, Liquidity, and Sensitivity 
(CAMELS) rating system, which has been used since 1979 by a number of 
Federal agencies to assess financial institutions on a uniform basis 
and to identify those in need of additional oversight. The CAMELS 
system produces a composite rating by examining six components: Capital 
adequacy, asset quality, management capability, earnings, liquidity, 
and sensitivity to market risk. The Risk Analysis System uses a set of 
metrics that generally examine these same components. However, because 
of the unique goal of the RLF Program as a driver of critical economic 
development, particularly within distressed communities, EDA has 
developed a modified approach. In addition to assessing RLF Recipients 
based on metrics for capital adequacy, asset quality, management 
capability, earnings, and liquidity, EDA will consider metrics 
examining strategic results, rather than sensitivity to market risk.
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    \1\ The Department notes that the President's Fiscal Year 2018 
Budget calls for the elimination of EDA. The Department considers 
the Final Rule amending the PWEDA implementing regulations to be 
important because the Department would need to continue to 
administer and monitor RLF grants in perpetuity under current 
statutory authorities. The regulatory changes in the Final Rule will 
enable the Department to more efficiently manage the residual RLF 
portfolio going forward.
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    EDA's newly revised regulations include key changes to support this 
shift to the Risk Analysis System and to ease the transition for RLF 
Recipients. These changes include the following:
     Replacing the formerly employed Capital Utilization 
Standard with the new Allowable Cash Percentage (ACP). In the current 
version of the RLF regulation at 13 CFR 307.16(c), the Capital 
Utilization Standard was applicable during the revolving phase of an 
RLF and required RLF Recipients to ``provide that at all times at least 
75 percent of the RLF Capital is loaned or

[[Page 56943]]

committed. . . .'' The new ACP standard is defined as ``the average 
percentage of the RLF Capital Base maintained as RLF Cash Available for 
Lending by RLF Recipients in each EDA regional office's portfolio of 
RLF Grants over the previous year.'' This will be defined annually by 
each EDA regional office for that region's RLF grants based on the 
previous year's average percentage of RLF Cash Available for Lending 
(i.e., funds not currently deployed or committed for new loans) held by 
the region's portfolio of RLFs. The adoption of the ACP also removes 
the requirement for automatic sequestration. Under EDA's previous 
sequestration policy, EDA could require sequestration if an RLF 
Recipient failed to satisfy the Capital Utilization Standard for two 
consecutive Reporting Periods, and EDA generally required sequestration 
after four consecutive Reporting Periods. Instead, under the revised 
regulations, if an RLF's Cash Available for Lending as a percentage of 
the RLF Capital Base reaches 50%, and persists for two years, the RLF 
may be subject to a disallowance of the excess cash.
     Changing the Reporting Period to align with each RLF 
Recipient's fiscal year end in order to ensure consistency between RLF 
financial reports (Form ED-209) submitted to EDA and RLF Recipient 
annual audit reports. Additionally, EDA revised the regulations to 
state that the reporting frequency for an RLF Recipient will be 
determined by EDA. This enables EDA to base reporting frequency on the 
risk assessment of the RLF Recipient. Those RLF Recipients with a high 
rating through the Risk Analysis System will be placed on an annual 
reporting cycle, while RLF Recipients receiving lower ratings will be 
required to maintain semi-annual reporting.
     Adopting a more tailored approach to remedying non-
compliance. The Risk Analysis System will enable EDA to provide 
targeted assistance to RLF Recipients with identified weaknesses. By 
reviewing the Recipient's score under the Risk Analysis System, EDA 
will be able to select from a list of options for intervening with the 
Recipient to achieve compliance, rather than applying the previous one-
size-fits-all approach through sequestration or termination.

II. How EDA's Risk Analysis System Works

    The Risk Analysis System rates each RLF according to the 
performance metrics of the modified CAMELS approach using the data 
reported by the RLF Recipient through the standard RLF financial report 
(Form ED-209), audits, and other submissions. Specifically, it uses 
fifteen defined measures to evaluate a Recipient's administration of 
each RLF's capital, assets, management, earnings, liquidity, and 
strategic results. This approach provides EDA with an internal tool for 
assessing the strengths and weaknesses of each RLF and for identifying 
RLFs that require additional monitoring, technical assistance, or other 
corrective action. It also provides RLF Recipients with a set of 
portfolio management and operational standards to evaluate their RLFs 
and improve performance. EDA believes this new Risk Analysis System 
will provide greater flexibility by assessing each RLF's strengths and 
weaknesses under their own specific and unique circumstances, and that 
information will be used by EDA to prioritize and focus EDA resources 
to those RLFs with substantial challenges.
    The Risk Analysis System rating will be conducted by EDA annually 
at the RLF Recipient's fiscal year end and will be based on audits, RLF 
financial reports (Form ED-209, or a successor electronic system), and 
other submissions. EDA is revising Form ED-209 to streamline reporting 
by seeking only information essential to oversight and to make the 
report more effective by better integrating the Form with other 
information required from RLF Recipients. This revision of the ED-209 
is occurring at the same time that EDA is soliciting public comment on 
the Risk Analysis System performance measures through this notice, and 
EDA will publish a notice seeking comments on the revised Form.
    Because the Risk Analysis System relies heavily on audit results, 
all RLF Recipients will be required to submit independent audits. A 
single audit conducted according to 2 CFR part 200, subpart F, the 
``Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards,'' and the compliance supplement 
thereto, will satisfy this requirement. Those Recipients that are not 
required to arrange for a single audit because they expend less than 
$750,000 in Federal awards annually will be required to submit to EDA 
an independent audit of the RLF grant in the first year of the Risk 
Analysis System and as directed by EDA thereafter. RLF Income may be 
used to pay for such an independent audit of the RLF grant. If an RLF 
Recipient has insufficient RLF Income to pay for such an audit, the 
Recipient should seek EDA approval to use RLF Capital Base funds to 
cover audit costs.

III. Scoring the Metrics

    The Risk Analysis System adapts the CAMELS performance metrics to 
assess RLFs through fifteen performance measures explained in the table 
below. Each of the measures will be scored on a numerical scale ranging 
from 3 to 1, where a ``3'' indicates exceeding the measure, a ``2'' 
indicates an acceptable effort, and a ``1'' indicates a below par 
performance for the indicated measure. The aggregate score will 
determine the RLF's risk rating as ``A'', ``B'', or ``C'', with each of 
the fifteen individual measures weighted equally. EDA will establish 
criteria for rating RLFs as ``A'', ``B'', or ``C'' using data from the 
first set of reports and audits submitted after implementation of the 
Risk Analysis System. EDA aims to establish fixed rating criteria such 
that RLFs are rated against established criteria rather than in 
relation to the performance of other RLFs; however, EDA may change the 
rating criteria from time to time.
    1. Capital: The RLF Capital Base is expected to be maintained, if 
not increased, over time in order to sustain lending activity and to 
carry out the purposes of the RLF Program, to create and/or retain 
jobs, and stimulate private investment in regions of economic distress. 
In addition, sufficient capital is necessary to protect the RLF from 
potential loan losses. The ``capital base index'' measure is determined 
by dividing the current RLF Capital Base by the original RLF Capital 
Base at the time that the RLF was established.
    2. Assets: An RLF Recipient must adhere to prudent lending 
standards to safeguard the quality of the loan portfolio. There are 
four measures within this metric: (1) The ``default rate'' measure 
assesses weakness in loan payments or loan servicing processes. It is 
measured as the RLF Principal Outstanding for Loans in Default as a 
percentage of the RLF Principal Outstanding for Active Loans. EDA 
considers a high default rate as 20% or greater. (2) EDA will also 
measure ``default rate over time'' by looking at how long a high 
default rate has persisted to identify possible weaknesses in 
underwriting, enforcement of loan terms, and/or working with borrowers 
to modify loan payment schedules with the goal of achieving full 
repayment. (3) The ``loan write-off ratio'' measures the number of 
written off loans compared to the number of inactive loans (the number 
of inactive loans is equal to the number of total outstanding loans 
minus the number of active loans). It will be used to identify 
weaknesses in loan underwriting and loan management. (4)

[[Page 56944]]

``Dollars written off'' will identify the financial impact of loan 
losses by comparing the amount of loan losses to the amount of 
principal repaid.
    3. Management: In order to increase the likelihood of a successful 
RLF, the RLF Recipient should have experience managing lending programs 
to be able to satisfy program, audit, RLF Plan, and reporting 
requirements. There are five measures to assess the Management metric: 
(1) The ``financial control'' measure is scored based on audit results 
and audit findings. RLF Recipients subject to the single audit 
requirement pursuant to 2 CFR part 200, subpart F, must demonstrate 
through an independent annual audit that financial controls are in 
place to operate the organization and the RLF according to Generally 
Accepted Accounting Principles, account for RLF assets, secure the use 
of funds, and value the RLF correctly in the audit's Schedule of 
Expenditures of Federal Awards. As discussed in Section II, ``How EDA's 
Risk Analysis System Works,'' RLF Recipients not subject to the single 
audit requirement must submit to EDA an independent audit of the RLF 
grant in the first year of the Risk Analysis System and as directed by 
EDA thereafter. (2) ``Tenure'' assesses the RLF Recipient's collective 
experience with the EDA RLF Program. Managing an RLF requires 
specialized knowledge and experience. The roles critical for a 
successful lending program include: Executive Director, Lending 
Director, Finance Director, and Reporting Official. Vacancies or 
inexperience in any of these positions can lead to program neglect, 
weak loan generation, accounting problems, and late reporting. (3) The 
measure, ``RLF Plan,'' assesses whether the RLF Recipient is operating 
the RLF pursuant to a current, EDA-approved RLF Plan. (4) The 
``financial report'' measure assesses the timeliness and accuracy of 
RLF reporting through the standard RLF Financial Report, Form ED-209. 
(5) ``Timely reporting'' assesses the RLF Recipient's timeliness in 
submitting audits and filings, plus any additional required reporting, 
such as that provided pursuant to a CAP or Federal Financial Reports 
(Form SF-425) for RLFs in the Disbursement Phase. Similarly, when an 
RLF is required to prepare and implement a CAP, the timeliness to 
resolve the issue(s) meriting corrective action will be assessed in 
this measure.
    4. Earnings: An RLF Recipient is expected to manage costs and 
generate net income in order to maintain, if not increase, the RLF 
Capital Base. The ``net RLF income'' measure determines how well a 
Recipient is managing costs and generating net income by dividing the 
portion of RLF Income used for administrative expenses over the life of 
the RLF by total RLF Income, to determine the cumulative percentage of 
RLF Income used for administrative expenses.
    5. Liquidity: RLF Recipients are expected to maintain a robust 
lending pipeline and cash available for lending within a range of the 
ACP. The ACP is a new feature of the RLF Program established by the 
newly revised regulations, and replaces the fixed capital utilization 
standard that ranged from 75% to 85%, according to the size of the RLF 
Capital Base. The ACP is a floating rate, determined annually for each 
EDA region. It is the region's average RLF Cash Available for Lending 
as a percentage of the Capital Base calculated from the previous year's 
reports for each EDA regional office portfolio. It specifies that RLF 
Cash Available for Lending excludes loans that have been committed or 
approved but have not yet been funded. Two measures are used to 
determine liquidity in an effort to identify weaknesses in loan 
generation: (1) ``Cash percentage'' assesses the Recipient's RLF Cash 
Available for Lending as a percentage of its RLF Capital Base compared 
to the ACP for the Recipient's region; and (2) ``cash percentage over 
time,'' which assesses the length of time during which the Recipient's 
cash percentage exceeded the Region's ACP. For example, where the 
applicable ACP is 30%, RLFs that report an RLF Cash Available for 
Lending from 27% to 33% of its RLF Capital Base are scored as a 2 for 
the Cash Percentage measure. An RLF with the same ACP that holds 22% is 
scored as a 3, while an RLF with 40% is scored as a 1 for this measure.
    6. Strategic Results: RLFs must engage in lending designed to 
fulfill the goals of the RLF Program. The Strategic Results component 
assesses whether RLFs are meeting those goals by determining the 
economic impact the RLF is having in its region. It does this by 
looking at two measures: (1) ``cost per job'' and (2) ``leverage 
ratio''. ``Cost per job'' compares the RLF total portfolio performance 
to the target identified in its RLF Plan. It is based on the amount of 
dollars loaned divided by the total number of jobs created and saved. 
The ``leverage ratio'' compares the amount of leveraged capital across 
the entire RLF portfolio to the cumulative amount of RLF dollars 
loaned. EDA regulations require a minimum leverage ratio of two dollars 
of additional investment for every one dollar of RLF funds loaned. EDA 
regulations define leverage requirements, including investment by the 
borrower and other public loan programs.
    The following chart demonstrates the range of scores available for 
each metric.

                                         Performance Metrics & Measures
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                                                Score
---------------------------------------------------------------
These metrics are calculated using     3......................  2......................  1.
 information from the revised RLF
 Financial Report, Form ED-209. Where
 applicable, the measure's formula is
 presented using references to lines
 in the revised ED-209. Note that EDA
 will publish a notice seeking
 comments on the revised Form.
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                                           Performance Metric: Capital
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The RLF Capital Base is expected to increase over time in order to sustain lending activity and to carry out the
 purpose of the RLF Program. In addition, sufficient capital is necessary to protect the RLF from potential loan
                                                     losses.
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                                           Measure: Capital Base Index
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Determined by: RLF Capital Base        Greater than 1.5.......  From 1.0 to 1.5........  Less than 1.0.
 divided by the original RLF Capital
 Base at the time the RLF was
 established. ED-209: II.C.6 / II.A.3.
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[[Page 56945]]

 
                                           Performance Metric: Assets
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    An RLF Recipient must adhere to prudent lending standards to safeguard the quality of the loan portfolio.
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                                              Measure: Default Rate
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Determined by: RLF Principal           Less than 10%..........  From 10% to 20%........  Greater than 20%.
 Outstanding for Loans in Default
 divided by RLF Principal Outstanding
 for Total Active Loans. ED-209:
 III.A.3, In Default RLF Principal
 Outstanding / III.A.4, Active RLF
 Principal Outstanding.
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                                         Measure: Default Rate over Time
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Determined by: Number of consecutive   Less than 12 months....  From 12 to 24 months...  More than 24 months.
 months where default rate is over
 20%.
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                                          Measure: Loan Write-Off Ratio
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Determined by: The ratio of the        Less than 1 out of       From 1 out of every 6    Greater than 1 out of
 number of loans written-off to the     every 6.                 to 1 out of every 4.     every 4.
 number of ``inactive loans''
 (calculated as number of total loans
 minus number of active loans). ED-
 209: III.A.5, Number / (III.A.7,
 Number--III.A..4, Number).
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                                          Measure: Dollars Written-Off
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Determined by: Loan Losses divided by  Less than 10%..........  From 10% to 20%........  Greater than 20%.
 the difference between Total RLF
 Dollars Loaned and Total RLF
 Principal Outstanding. ED-209:
 III.A.5, Loan Losses / (III.A.7, RLF
 $ Loaned--III.A.7, RLF Principal
 Outstanding).
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                                         Performance Metric: Management
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   It is critical to the success of the RLF that Management is experienced with the EDA RLF Program, their RLF
   Plan, and reporting requirements. Critical positions include: Executive Director, Lending Director, Finance
 Director, and Reporting Official. Vacancies in any of these positions can lead to program neglect and result in
                          late reporting, weak loan generation, and accounting errors.
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                                           Measure: Financial Control
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Determined by: Number and magnitude    No findings............  Minor findings.........  Material findings
 of audit findings.                                                                       pertaining to
                                                                                          Organization,
                                                                                          Questioned Costs,
                                                                                          Solvency, Interrelated
                                                                                          party transactions.
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                                                 Measure: Tenure
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Determined by: Shortest tenure of      Greater than 3 years...  From 2 to 3 years......  Vacancy or less than 2
 Executive Director, Lending                                                              years.
 Director, Finance Director, and
 Reporting Official.
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                                                Measure: RLF Plan
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Determined by: Updated RLF Plan where  RLF Plan up to date,     Updated RLF Plan         RLF Plan expired and
 EDA has not granted a time extension.  updates submitted at     received more than 5     not updated within the
                                        least every 5 years.     years since its last     last 6 years.
                                                                 update but within 6
                                                                 years.
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                                          Measure: Financial Reporting
----------------------------------------------------------------------------------------------------------------
Determined by: Date RLF Financial      On time with no          Up to 60 days late and/  More than 60 days late;
 Report, ED-209 submitted to EDA.       corrections needed.      or returned to RLF       or sent back for major
                                                                 Recipient for minor      revision.
                                                                 corrections.
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                                     Measure: Timely and Complete Reporting
----------------------------------------------------------------------------------------------------------------
Determined by: Date audit and/or       On time................  Up to 30 days late.....  Over 30 days late or no
 additional reports (such as SF-425                                                       receipt.
 or Corrective Action Plan) submitted
 to EDA.
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                                          Performance Metric: Earnings
----------------------------------------------------------------------------------------------------------------
  An RLF Recipient is expected to manage costs and generate income in order to increase the RLF's Capital Base.
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                                             Measure: Net RLF Income
----------------------------------------------------------------------------------------------------------------
Determined by: Portion of RLF Income   Less than 50%..........  From 50% to 100%.......  More than 100%.
 Used for Administrative Expenses
 divided by Total RLF Income. ED-209:
 II.B.7 / II.B.6.
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                                          Performance Metric: Liquidity
----------------------------------------------------------------------------------------------------------------
 RLF Recipients are expected to keep a robust lending pipeline and maintain cash within a range of the Region's
                                average cash as a percentage of the Capital Base.
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                                            Measure: Cash Percentage
----------------------------------------------------------------------------------------------------------------
Determined by: RLF Cash Available for  Less than 90% of the     From 90% to 110% of the  More than 110% of the
 Lending divided by RLF Capital Base.   ACP.                     ACP.                     ACP.
 ED-209: II.D.4 / II.C.6.
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[[Page 56946]]

 
                                       Measure: Cash Percentage over Time
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Determined by: Length of time where    Less than 12 months....  From 12 to 24 months...  More than 24 months.
 the Cash Percentage exceeds the
 Region's ACP.
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                                      Performance Metric: Strategic Results
----------------------------------------------------------------------------------------------------------------
    The purpose of the RLF Program is to provide regions with a flexible and continuing source of capital for
creating and retaining jobs and inducing private investment that will contribute to long-term economic stability
                                                   and growth.
----------------------------------------------------------------------------------------------------------------
                                              Measure: Cost per Job
----------------------------------------------------------------------------------------------------------------
Determined by: RLF Dollars Loaned      Less than 90% of RLF     90% to 110% of RLF Plan  Greater than 110% of
 divided by Total Jobs compared to      Plan target.             target.                  RLF Plan target.
 RLF Plan Target. ED-209: III.A.7,
 RLF $ Loaned / IV.E.5, Total Loans
 as compared to IV.E.6, RLF Plan
 Target.
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                                             Measure: Leverage Ratio
----------------------------------------------------------------------------------------------------------------
Determined by: Total Dollars           Meets or exceeds         N/A....................  Less than 2:1.
 Leveraged divided by RLF Dollars       required leverage of
 Loaned. ED-209: IV.E.1, Total Loans /  2:1.
  III.A.7, RLF $ Loaned.
----------------------------------------------------------------------------------------------------------------

IV. Ratings and Remedies for Noncompliance

    Following receipt of an RLF Recipient's fiscal-year end RLF 
financial report, the EDA RLF Administrator will notify the RLF 
Recipient of the performance rating, i.e., Risk Analysis rating level 
(A, B, or C) for each RLF. The assigned level will be based upon the 
data and information provided in the most recent RLF financial report, 
the Recipient's overall numeric score on the Risk Analysis System, and 
a determination by the Regional RLF Administrator in consultation with 
the Grants Officer. Risk Levels A, B, and C are defined below:
    1. Level A: RLF Recipients in Level A are managing their RLF award 
soundly and are almost always in compliance with EDA policies and 
regulations. These RLF Recipients exhibit the strongest performance and 
management practices. Any issues that arise are addressed in a timely 
manner. The RLF Administrator may determine that a Level A Recipient 
requires less frequent monitoring. These Recipients may be allowed to 
administer their RLF portfolios and resolve issues without significant 
EDA involvement. Level A Recipients will report to EDA on an annual 
basis within 90 calendar days following the end of their fiscal year.
    2. Level B: RLF Recipients in Level B are fundamentally sound, but 
some deficiencies are present and will take time to resolve. Recipients 
are generally in compliance with EDA regulations and policies. While 
these RLF Recipients exhibit generally satisfactory results, the RLF 
Administrator will provide additional oversight and attention to assist 
the RLF Recipient with improving its performance. Level B Recipients 
will report to EDA on a semi-annual basis within 30 calendar days 
following the end of their fiscal year and again within 30 calendar 
days of the end of the second quarter of their fiscal year.
    3. Level C: RLF Recipients in Level C exhibit performance 
deficiencies requiring additional oversight and intervention by the RLF 
Administrator. In general, multiple measures on the Risk Analysis 
System measures are scored as a ``1''. Recipients may exhibit material 
noncompliance with EDA policies and regulations, which may result in 
the RLF Administrator having to propose formal enforcement actions, 
including suspension, corrective actions, termination, or transfer of 
the RLF Award. Level C Recipients will report to EDA on a semi-annual 
basis within 30 calendar days following the end of their fiscal year 
and again 6 months later.
    For each RLF rated at Level C, the RLF Recipient will be required 
to produce a CAP to address the areas of weakness, which will include, 
at a minimum, an annual corrective action update report to EDA. The RLF 
Recipient will have 60 days, running from the day that the RLF 
Recipient receives notification from EDA of its risk-analysis score, to 
propose its CAP. The RLF Recipient will have a specified timeframe to 
implement the CAP, not to exceed three years, which will run from the 
day that the RLF Recipient receives notification from EDA that EDA 
concurs with the RLF Recipient's proposed CAP. (Note: The exception to 
the three-year limit is for an RLF Recipient that has proposed to 
rebuild its capital base, in which case they may have up to five years 
to reach the target.) The CAP must include measurable targets and dates 
by which improvement will be achieved. The RLF Recipient's CAP must be 
approved in writing by the EDA RLF Administrator, who will monitor the 
RLF Recipient for incremental progress made.
    If any Recipient is unable or unwilling to develop and submit a CAP 
or an annual update report, the RLF Administrator will inform the non-
compliant Recipient that EDA may seek to terminate or transfer the RLF 
award. In addition, if a CAP for a Level C Recipient does not yield the 
intended results, the RLF Administrator may propose termination or 
transfer of the RLF award in consultation with the Grants Officer.

V. Public Input and Future Changes to the Risk Analysis System

    EDA has created this transparent and flexible approach to better 
evaluate and monitor the performance of RLFs. In an effort to ensure 
that the Risk Analysis System is as effective as possible, EDA seeks 
feedback from the public on the Risk Analysis System as described in 
this notice, on the initial measures used to implement the System, and 
how those measures are assessed by EDA. EDA encourages RLF Recipients 
and all interested members of the public to send EDA questions, 
suggestions, and comments on the Risk Analysis System and the measures 
through any of the methods discussed in the ADDRESSES section of this 
notice. In order to further facilitate public comment, EDA will hold a 
public webinar to present and explain the Risk Analysis System and the 
proposed measures, as well as to answer questions. EDA will post 
webinar details on the RLF page of the EDA Web site at www.eda.gov/rlf. 
EDA will thoroughly consider all public input prior to finalizing the 
measures and will post the final guidance on the EDA Web site.
* * * * *


[[Page 56947]]


    Authority:  The Public Works and Economic Development Act of 
1965, as amended (PWEDA) (42 U.S.C. 3121 et seq.).

    Dated: November 15, 2017.
Dennis Alvord,
Deputy Assistant Secretary for Regional Affairs, performing the non-
exclusive duties of the Assistant Secretary of Commerce for Economic 
Development.
[FR Doc. 2017-25276 Filed 11-30-17; 8:45 am]
 BILLING CODE 3510-WH-P