Notice2022-08692
Delegations of Authority: Delegations of Authority No. 12-G (Revision 1), Amendment 2
Primary source
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Published
April 25, 2022
Issuing agencies
Small Business Administration
Abstract
This document provides the public notice of the second amendment to Delegations of Authority (Delegations), No. 12-G (Revision 1) as first amended by Amendment 1 which delegated authority for lender oversight and enforcement activities by the Administrator of the Small Business Administration ("SBA" or "Agency") to the Director, Office of Credit Risk Management (D/OCRM), the Lender Oversight Committee (LOC), and the Associate Administrator for Office of Capital Access (AA/OCA). By this second amendment (hereinafter "Amendment"), the Administrator is revising the voting membership of the Agency's LOC to ensure compliance with requirements set forth in statute. This second amendment also updates the provision on the LOC's authority to redelegate certain enforcement actions.
Full Text
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<title>Federal Register, Volume 87 Issue 79 (Monday, April 25, 2022)</title>
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[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Pages 24386-24387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08692]
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SMALL BUSINESS ADMINISTRATION
Delegations of Authority: Delegations of Authority No. 12-G
(Revision 1), Amendment 2
AGENCY: U.S. Small Business Administration.
ACTION: Notice of amendment to delegations of authority.
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SUMMARY: This document provides the public notice of the second
amendment to Delegations of Authority (Delegations), No. 12-G (Revision
1) as first amended by Amendment 1 which delegated authority for lender
oversight and enforcement activities by the Administrator of the Small
Business Administration (``SBA'' or ``Agency'') to the Director, Office
of Credit Risk Management (D/OCRM), the Lender Oversight Committee
(LOC), and the Associate Administrator for Office of Capital Access
(AA/OCA). By this second amendment (hereinafter ``Amendment''), the
Administrator is revising the voting membership of the Agency's LOC to
ensure compliance with requirements set forth in statute. This second
amendment also updates the provision on the LOC's authority to
redelegate certain enforcement actions.
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: <a href="/cdn-cgi/l/email-protection#bad8dfced2dbd4c394c9d2dbd4dbfac9d8db94ddd5cc"><span class="__cf_email__" data-cfemail="2042455448414e590e5348414e41605342410e474f56">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document provides the public notice of
the second amendment to Delegations of Authority No. 12-G (Revision 1)
(79 FR 56842, September 23, 2014) with respect to SBA's lender
oversight and enforcement activities. Specifically, this Amendment
revises the voting members in the Agency's Lender Oversight Committee
(LOC).
Section 48(b) of the Small Business Act (15 U.S.C. 657u(b)) governs
LOC membership. This section provides that the LOC consists 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.\1\
By amendment dated September 26, 2018 (83 FR 48681), SBA designated the
following 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 also served as the LOC Chairperson. 83 FR
48681.
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\1\ The remaining members are to be non-voting members who serve
in an advisory capacity on the LOC.
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In January of 2022, SBA appointed a non-career member of the Senior
Executive Service to the Associate Administrator for Office of Disaster
Assistance (AA/ODA) position. Accordingly, SBA is amending the voting
membership of the LOC to ensure compliance with the position
requirements contained in 15 U.S.C. 657u. Effective with this
Amendment, the following SBA employees are designated as the voting
members of the LOC: (i) The Chief Financial Officer, a Senior Executive
Service career appointee; (ii) the Associate Administrator for OCA, a
Senior Executive Service non-career appointee; and (iii) the Deputy
Associate Administrator for the Office of Investment and Innovation
(DAA/OII), a Senior Executive Service career appointee. The Chief
Financial Officer will continue to serve as the LOC Chairperson.
Additionally, the LOC non-voting advisory membership will remain the
same.
Delegations of Authority No. 12-G (Delegations) also provides for
redelegation of the LOC's authority to approve enforcement actions.
Specifically, paragraph IV of the Delegations states that the LOC may
redelegate to the D/OCRM or a
[[Page 24387]]
subcommittee the authority to approve, disapprove, or modify certain
enforcement actions and lists, by way of example, Agreement, or
Memorandum of Understanding (MOU). Subsequent to SBA publishing these
examples in 2014, SBA updated 13 CFR 120.1500 on types of formal
enforcement actions. Therefore, SBA is replacing Agreement or MOU to
cite instead imposition of portfolio guaranty dollar limit, a type of
formal enforcement action under 13 CFR 120.1500.
This Amendment replaces sections I.B.6. and IV of the Delegations
in its entirety, which cover LOC membership, voting, and redelegations,
as set forth below. All other sections of the Delegations are unchanged
and continue in effect.
Delegations of Authority No. 12-G (Revision 1) is amended by
revising sections I.B.6. and IV to read as follows:
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) AA/OCA
(voting member); (iii) DAA/OII (voting member); (iv) D/OCRM (non-
voting, recommending advisory member); (v) Director, Office of
Financial Assistance (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).
* * * * *
IV. Other than the authority delegated to the Lender Oversight
Committee in Paragraph I.B.2.b. (enforcement actions), the authorities
delegated herein to the Lender Oversight Committee may not be
redelegated. With regard to the authority delegated in Paragraph
I.B.2.b., the Lender Oversight Committee may redelegate authority to
the D/OCRM or a subcommittee to approve, disapprove, or modify certain
enforcement actions (e.g., imposition of portfolio guaranty dollar
limit).
* * * * *
Authority: 5 U.S.C. 302; 5 U.S.C. 552(a)(1)(A); 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. 120.10, 120.802 and Subpart I.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2022-08692 Filed 4-22-22; 8:45 am]
BILLING CODE 8026-03-P
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