[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48681-48682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20865]


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SMALL BUSINESS ADMINISTRATION


Delegations of Authority: Delegation of Authority No. 12-G 
(Revision 1), Amendment 1

AGENCY: U.S. Small Business Administration.

ACTION: Notice of Amendment to Delegation of Authority.

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SUMMARY: This document provides the public notice of an amendment to 
Delegation of Authority No. 12-G (Revision 1) (79 FR 56842, September 
23, 2014) (the ``Delegation''), which delegated authority for lender 
oversight and enforcement activities by the Administrator of the Small 
Business Administration (``SBA'') to the Director, Office of Credit 
Risk Management (``D/OCRM''), the Lender Oversight Committee (``LOC''), 
and the Associate Administrator for Capital Access (``AA/CA''). By this 
amendment (this ``Amendment''), the Administrator is delegating 
additional lender oversight authority to the D/OCRM and revising the 
membership of the LOC consistent with new requirements in The Small 
Business 7(a) Lending Oversight Reform Act of 2018 (June 21, 2018). 
This Amendment to the Delegation includes the authority of the D/OCRM 
to participate in the review and approval of initial applications by 
7(a) Lenders and Certified Development Companies (``CDCs'') for 
delegated lending authorities. This Amendment also provides that the D/
OCRM consult with the Director, Office of Financial Assistance (``D/
FA'') on Community Advantage Pilot Program (``Community Advantage'') 
authority. Finally, this Amendment implements the new statutory 
provisions revising LOC membership and voting authority.

FOR FURTHER INFORMATION CONTACT: Bethany J. Shana, Office of Credit 
Risk Management, U.S. Small Business Administration, 409 3rd Street SW, 
Washington, DC 20416, telephone number: (202) 205-6402 and electronic 
mail: [email protected].

SUPPLEMENTARY INFORMATION: This document provides the public notice of 
an amendment to the Administrator's Delegation of Authority with 
respect to SBA's lender oversight and enforcement activities. 
Specifically, this Amendment delegates to the D/OCRM the authority to 
concur or non-concur on recommendations to the D/FA on initial 
applications for delegated lending authority, which include initial 
applications by 7(a) Lenders for participation in the Preferred Lenders 
Program (``PLP''), SBA Express Program, and Export Express Program, and 
initial applications by CDCs for participation in the Accredited 
Lenders Program (``ALP''), including Priority status--a prerequisite to 
ALP authority, and Premier Certified Lenders Program (``PCLP''). This 
Amendment further delegates to the D/OCRM the authority to concur or 
non-concur on recommendations to the Director, Office of Financial 
Program Operations on initial applications for Authorized CDC 
Liquidator authority (``ACL'') and other types of delegated lending 
authority established in the future, unless otherwise provided. In 
addition, this Amendment requires the D/OCRM to consult with the D/FA 
on Community Advantage participation determinations. The preceding 
changes will allow the D/OCRM and D/FA to provide input into 
determinations on initial applications for delegated lending authority 
and Community Advantage participation, respectively.
    This Amendment also implements membership and voting requirements 
for the LOC set forth in Public Law 115-189, the Small Business 7(a) 
Lending Oversight Reform Act of 2018 (June 21, 2018). Public Law 115-
189 added Section 48(b) to the Small Business Act, requiring that the 
LOC consist of at least eight members. Three members of the LOC are to 
be voting members, two of whom must be career appointees in the Senior 
Executive Service. The remaining members are to be nonvoting members 
who serve in an advisory capacity on the LOC. This Amendment designates 
the following SBA employees as the voting members of the LOC: (i) The 
Chief Financial Officer, a Senior Executive Service career appointee; 
(ii) the Associate Administrator for Capital Access, a Senior Executive 
Service non-career appointee; and (iii) the Associate Administrator for 
Disaster Assistance, a Senior Executive Service career appointee. The 
Chief Financial Officer will serve as the LOC Chairperson. This 
Amendment also updates the Administrator's designation of nonvoting 
advisory members as set forth below.
    This Amendment replaces (i) Section I.A.1 of the Delegation in its 
entirety, which covers delegations of authority to the D/OCRM for 
delegated lender authority and Community Advantage participation, and 
(ii) Section I.B.6. of the Delegation in its entirety, which covers LOC 
membership and voting, as set forth below. All other sections of the 
Delegation are unchanged and continue in effect. Delegation of 
Authority No. 12-G (Revision 1), Amendment 1 reads as follows:
    Delegation of Authority No. 12-G (Revision 1), is amended by 
revising sections I.A.1. and I.B.6. to read as follows:
    I. The Administrator of the SBA, pursuant to the authority vested 
in her by the Small Business Act, 15 U.S.C. 631 et. seq., as amended, 
and the Small Business Investment Act of 1958, 15 U.S.C. 661 et. seq., 
as amended, hereby delegates the following authorities:
    A. To the Director, Office of Credit Risk Management (D/OCRM):
    1. Loan Program Delegated Lending Authority and Community Advantage 
Pilot Program Participation.
    a. Initial applications for delegated lending authority. To concur 
or non-concur on recommendations to the Director, Office of Financial 
Assistance (D/FA) (and, with respect to

[[Page 48682]]

applications under (vi), to the Director, Office of Financial Program 
Operations) for approval or denial of initial applications for:
    (i) Preferred Lenders Program authority of a 7(a) Lender (PLP 
authority), including PLP-Export Working Capital Program authority 
(PLP-EWCP authority);
    (ii) SBA Express authority of a 7(a) Lender (SBA Express 
authority);
    (iii) Export Express authority of a 7(a) Lender (Export Express 
authority);
    (iv) Accredited Lenders Program authority of a Certified 
Development Company (CDC) (ALP authority), including to concur or non-
concur on recommendations for all Priority CDC status determinations, a 
prerequisite for ALP authority;
    (v) Premier Certified Lenders Program authority of a CDC (PCLP 
authority);
    (vi) Authorized CDC Liquidator authority of a CDC (ACL authority); 
and
    (vii) other types of delegated lending authority established in the 
future unless otherwise provided (other delegated authority).
    b. Renewals of delegated lending authority. To approve or decline 
the renewal of:
    i. PLP authority, including PLP-EWCP authority;
    ii. SBA Express authority;
    iii. Export Express authority;
    iv. ALP authority;
    v. PCLP authority; and
    vi. Other delegated lending authority.
    c. Community Advantage Pilot Program participation.
    (i) To approve or decline, in consultation with the D/FA, a 
lender's application for participation in the Community Advantage Pilot 
Program (Community Advantage), including delegated lending authority 
and/or the authority to sell Community Advantage loans on the Secondary 
Market.
    (ii) To approve or decline, in consultation with the D/FA, 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.
    d. Reapplications, additional authority and final agency decision. 
If a renewal request is declined or an SBA Lender's delegated authority 
expires and the SBA Lender later reapplies, the D/OCRM may approve or 
decline the request. If an SBA Lender requests additional delegated 
authority with its renewal request, the D/OCRM may also approve or 
decline the additional delegated authority request. The D/OCRM's 
determination on the renewals and Community Advantage authority as set 
forth in this delegation is the final Agency decision.
    B. To the Lender Oversight Committee:
* * * * *
    6. The Lender Oversight Committee will consist of SBA's: (i) Chief 
Financial Officer (CFO) (Chairperson and voting member); (ii) Associate 
Administrator for Capital Access (AA/CA) (voting member); (iii) 
Associate Administrator for Disaster Assistance (AA/DA) (voting 
member); (iv) D/OCRM (non-voting, recommending advisory member); (v) D/
FA (non-voting advisory member); (vi) Director, Office of Financial 
Program Operations (non-voting advisory member); (vii) Associate 
Administrator, Office of Field Operations (non-voting advisory member); 
and (viii) General Counsel (non-voting advisory member).
* * * * *

    Authority: 5 U.S.C. 302; 15 U.S.C. 631 note; 15 U.S.C. 634; 15 
U.S.C. 636; 15 U.S.C. 642; 15 U.S.C. 650; 15 U.S.C. 657t and 657u; 
15 U.S.C. 697d, 697e, and 697g; 2 CFR 2700 et. seq. and 13 CFR 
120.802.

    Dated: September 18, 2018.
Linda E. McMahon,
Administrator.
[FR Doc. 2018-20865 Filed 9-25-18; 8:45 am]
 BILLING CODE 8025-01-P