The Code of Federal Regulations of the United States of America

ports and forms control, records and paperwork management, delegations, and incentive awards programs.

(d) Office of Program Analysis. Plans and conducts systematic analyses and evaluations of the technical programs in the field offices to determine their effectiveness, conformance Agency policy, and established goals, and makes recommendations to program officials for changes in existing programs or the adoption of new programs to provide effective service to small business. Conducts special studies of technical program areas as requested by Washington officials.

(e) Office of Personnel. Develops and administers the Agency's personnel management, security and investigations programs. Represents the Agency in contacts with the Civil Service Commission.

(3) Security and Investigations Division. Administers the security and general investigations programs of the Agency. Conducts investigations lating to employee matters, loan applicants, borrowers, small business investment companies, loan participants, fee counsel and advisors. Develops and maintains liaison with the Federal Bureau of Investigation, Civil Service Commission and other investigative agencies. Is responsible for the physical security programs of the Agency.

(f) Office of Small Business Size Standards. (i) Directs, coordinates and administers all SBA small business size standards programs. Coordinates a program essential to making a detailed definition of small business and conducts industry hearings pertaining to size matters. Develops and recommends small business size standards to the Administrator for promulgation.

(ii) Determines the size status of business concerns which may or may not receive direct or indirect assistance from SBA. Interprets size regulations, definitions and criteria, and advises and issues determinations to Washington and field officials on size programs...

(iii) Appears before the SBA Size Appeals Board to present views on size determinations made by the Office of Small Business Size Standards.

[Amdt. 3, 27 F.R. 12922, Dec. 29, 1962]

§ 101.2-8 Assistant Administrator (Controller).

Directs and coordinates the financial management program of the Agency, including budget formulation and administration, audit, statistics and reports and accounting and fiscal examination. Represents SBA in negotiations with the Bureau of the Budget, Congressional Committees, GAO, Treasury, and other Government agencies in discharging these functions.

(a) Office of Audits. Plans and directs a comprehensive audit program for the Agency. Conducts audits of Washington and field offices and reports on the adequacy of financial and accounting policies, procedures and operations of these offices. Conducts external audits of books, accounts and records of borrowers, contractors and others doing business with the Agency.

(b) Office of Finance and Accounts. Plans and directs the finance and accounting programs of the Agency, including the accountability of all funds, property and other assets, the collection, deposit and disbursement of funds, and the preparation of financial information, data and reports.

(1) Systems and Planning Staff. Provides staff assistance in the development of fiscal examination and accounting policies, procedures and systems. Develops and installs accounting systems and procedures. Develops electronic data analyses, and instructs or supervises the training of personnel in the operation of computers, peripheral equipment and related office machines. Conducts special studies.

(2) Accounting Division. (i) Directs the operation of accounting and internal financial control systems designed to provide accountability for all funds, property and other assets of the Agency. Prepares periodic financial statements and reports relating to the financial management of the Agency.

(ii) The Accounting Division is made up of two branches:

(a) Financial Reports and Administrative Accounting Branch, and (b) Loan Accounting Branch. (3) Electronic Data Processing DiviDirects the operation of an elec

sion.

tronic digital computer and peripheral equipment used in the maintenance of detailed accounting records with respect to the lending, investment and other programs and administrative operations of the Agency.

(i)

(4) Fiscal Examination Division. Directs accounting and fiscal systems relating to the collection, deposit and disbursing of funds; bonding of employees; and the receipt, custody and safe keeping and release of primary notes, debentures, collateral items and other original loan documents. Directs fiscal examining functions relating to loan and investment funds and the payment of administrative expense claims, and directs accounting systems for employee accounts for leave, earnings, retirement, FICA, Federal, state and local income taxes, bonds, life insurance and health benefits.

(ii) The Fiscal Examination Division is made up of two branches:

(a) Program and Administrative Examination Branch, and

(b) Employee Accounts Branch.

(c) Office of Budget. Plans, coordinates, and directs the budgetary and reporting programs for the Agency, which involve budget formulation, justification, and execution.

(1) Estimates and Allotments Division. Directs the budget programs for the Agency, which involves budget formulation, justification and execution.

(2) Reports and Statistics Division. Directs the reports and statistics programs of the Agency, including the establishment of procedures, systems and report forms for use in reporting program operations. Prepares periodic consolidated statistical and operating reports designed to provide the Administrator and key officials with data on program operations and accomplishments and for use in reporting externally there

on.

[Amdt. 3, F.R. 12923, Dec. 29, 1962]

§ 101.2-9 Assistant Administrator (Information Services).

Develops and administers all SBA public information policies and programs. Provides the President, Congress and the public with accurate, adequate and timely information on all phases of the Agency's activities, plans and policies.

(a) Office of Information Services. Directs the preparation and issuance of current releases, pamphlets, and other informational material to the public and

small business. Maintains contact with newspapers, business press, trade associations, chambers of commerce and similar groups for the release of information regarding the policies and programs of the Agency. Develops special statements and reports for the Administrator. Coordinates public information activities of the field offices.

(1) News and Features Division. Maintains contact with all public information media including the daily, business, and trade press, and radio and television. Provides these media with special news or feature stories, new releases, radio and television scripts, interviews and reports on SBA programs and operations. Answers inquiries on SBA activities from these media. Coordinates all information that is disseminated to public information media by the Agency. Develops and writes official public statements for the Administrator. Provides information on the purpose and repsonsibilities of SBA to foreign government, business and trade delegations that visit the Agency. Prepares and issues the Agency "house organ" to all employees.

(2) Editorial Services Division. Develops, writes, and issues publications which are necessary to explain all of the various SBA services. Edits for conformity with SBA policy, clarity, and effectiveness of presentation, all publications prepared by other sources but which are issued as official SBA publications. Writes periodic reports to the President and the Congress on SBA operations. Writes speeches for the Administrator, top Washington and field office officials, and Small Business Advisory Council members. Writes articles about SBA as requested by Senators and Congressmen for their use and assists in preparing Agency statements to Congressional Committees. Provides photographic coverage of SBA activities, and plans visual and publications displays for conferences and meetings which the Agency sponsors or participates in. [Amdt. 3, 27 F.R. 12923, Dec. 29, 1962] § 101.3 Field offices.

(a) Northeastern Area (Boston):
Regions

(1) Augusta, Maine, 04330, 114 Western Avenue.

(2) Boston, Mass., 02210, Sheraton Building, 470 Atlantic Avenue.

(3) Concord, N.H., 03301, 18 School Street.

(4) Hartford, Conn., 06103, Federal Office Building, 450 Main Street.

(5) Montpelier, Vt., 05601, Federal Building, Post Office and Courthouse, Second Floor, State Street.

(6) Providence, R.I., 02903, 611 Smith Building, 57 Eddy Street.

(b) New York Area (New York City): Regions

(1 New York, N.Y., 10004, 42 Broadway. (2) Syracuse, N.Y., 13202, Chimes Building, 500 South Salina Street.

Branch

Buffalo, N.Y., 14203, Federal Building, 121 Ellicott Street, Room 9 (reporting to Syracuse R/O).

Regions

(1) Baltimore, Md., 21202, 521 Calvert Building, Fayette and St. Paul Streets.

(2) Clarksburg, W. Va., 26301, Old Post Office Building, 227 West Pike Street.

(3) Cleveland, Ohio, 44113, Standard Building, 1370 Ontario Street.

(4) Columbus, Ohio, 43215, Beacon Building, 50 West Gay Street.

(5) Newark, N.J., 07102, 10 Commerce Court.

(6) Philadelphia, Pa., 19107, Jefferson Building, 1015 Chestnut Street.

(7) Pittsburgh, Pa., 15222, Federal Building, 1000 Liberty Avenue.

(8) Richmond, Va., 23226, Post Office Box 8565, 1904 Byrd Avenue.

(9) Washington, D.C., 20417, 1325 K Street NW., 1st Floor.

(d) Southeastern Area (Atlanta):

Regions

(1) Atlanta, Ga., 30303, 52 Fairlie Street, NW.

(2) Birmingham, Ala., 35203, New First Federal Savings & Loan Building, 2030 First Avenue North.

(3) Charlotte, N.C., 28202, American Building, 201 South Tryon Street.

(4) Columbia, S.C., 29201, 1801 Assembly Street.

(5) Jackson, Miss., 39201, 322 U.S. Post Office & Courthouse Building, Capital and West Streets.

(6) Jacksonville, Fla., 32202, 47 West Forsyth.

(7) Louisville, Ky., 40202, 1900 Commonwealth Building, Fourth and Broadway.

(8) Miami, Fla., 33130, 912 Federal Office Building, 51 Southwest First Avenue.

(9) Nashville, Tenn., 37219, Security Federal Savings & Loan Building, 500 Union Street.

Branch

Knoxville, Tenn., 37902, 233 West Cumberland Building, 301 West Cumberland Avenue (Reporting to Nashville R/O).

(e) Midwestern Area (Chicago);

Regions

(1) Chicago, Ill., 60604, Federal Office Building, 219 South Dearborn Street, Room 437.

(2) Des Moines, Iowa, 50309, 850 Insurance Exchange Building, Fifth and Grand Avenue. (3) Detroit, Mich., 48226, 1200 Book Building, 1249 Washington Boulevard.

(4) Indianapolis, Ind., 46204, Century Building, 36 South Pennsylvania Street. (5) Kansas City, Mo., 64106, 911 Walnut Street.

(6) Madison, Wis., 53703, Commercial State Bank Building, 114 North Carroll Street.

(7) Minneapolis, Minn., 55402, Lewis Building, 603 Second Avenue South.

(8) St. Louis, Mo., 63103, 2469 Federal Building, 1520 Market Street.

Branch

Marquette, Mich., 49855, 502 West Kaye Avenue (Reporting to Detroit R/O). (f) Southwestern Area (Dallas):

Regions

(1) Albuquerque, N. Mex., 87101, 102 U.S. Courthouse, Fifth and Gold Streets, Southwest.

(2) Dallas, Tex., 75202, United Fidelity Life Building, 1025 Elm Street.

(3) Houston, Tex., 77002, 802 Federal Office Building, 201 Fannin Street.

(4) Little Rock, Ark., 72201, 377 Post Office and Courthouse Building, 600 West Capital Avenue.

(5) Lubbock, Tex., 79401, 204 Federal Office Building, 1616 19th Street.

(6) Marshall, Tex., 75670, Marshall National Bank, 101 East Austin Street.

(7) New Orleans, La., 70130, 845 Federal Office Building (South), 610 South Street. (8) Oklahoma City, Okla., 73102, 807 U.S. Post Office Building, Third and Robinson. (9) San Antonio, Tex., 78204, 412 Kallison Building, 434 South Main Avenue.

(g) Rocky Mountain Area (Denver):

Regions

(1) Boise, Idaho, 83702, Room 408, Idaho Building, 216 North Eighth Street.

(2) Casper, Wyo., 82601, 301 O & S Building, 128 East Second Street.

(3) Denver, Colo., 80202, Railway Exchange Building, 909 17th Street.

(4) Fargo, N. Dak., 58102, 300 American Life Building, 207 North Fifth Street.

(5) Helena, Mont., 59601, Post Office Box 1690, 205 Power Block, Corner Main and Sixth Avenue.

(6) Omaha, Nebr., 68102, 7425 Federal Building, 215 North 17th Street.

(7) Salt Lake City, Utah, 84111, 2237 Federal Building, 125 South State Street.

(8) Sioux Falls, S. Dak., 57102, Leaders Building, 1092 North Main Avenue.

(9) Wichita, Kans., 67202, 215 Board of Trade Building, 120 South Market Street.

(h) Pacific Coastal Area (San Francisco):

Regions

(1) Anchorage, Alaska, 99501, 304 LoussacSogn Building, Fifth and D. Streets, Post Office Box 999.

(2) Honolulu, Hawaii, 96813, 1149 Bethel Street, Room 402.

(3) Los Angeles, Calif., 90013, 312 West Fifth Street.

(4) Phoenix, Ariz., 85004, Central Towers Building, 2727 North Central Avenue.

(5) Portland, Oreg., 97205, 330 Pittock Block, 921 Southwest Washington Street.

(6) San Francisco, Calif., 94102, Federal Building, 450 Golden Gate Avenue, Box 36044.

(7) Seattle, Wash., 98104, 1206 Smith Tower, 506 Second Avenue.

(8) Spokane, Wash., 99201, American Legion Building, Room 300, North 108 Washington Street.

Branches

(1) Agana, Guam, 96910, Ada Plaza Center Building, Post Office Box 927 (reporting to Honolulu R/O).

(2) San Diego, Calif., 92104, 3969 Ohio Street (reporting to Los Angeles R/O).

(i) Reporting to Washington:

Region

Santurce, P.R., 00908, San Alberto Condominio Building, 1200 Ponce de Leon Avenue, reporting to Santurce, P.R.

Branch

St. Thomas, U.S. Virgin Islands, 00802, Post Office Box 806.

[Amdt. 4, 30 F.R. 1835, Feb. 10, 1965] § 101.5 Statutory provisions.

SEC. 5. (a) The Administration shall have power to adopt, alter, and use a seal, which shall be judicially noticed. The Administrator is authorized, subject to the civilservice and classification laws, to select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisons of this Act; to define their authority and duties; to provide bonds for them in such amounts as the Administrator shall determine; and to pay the costs of qualification of certain of them as notaries public. The Administration, with the consent of any board, commission, independent establishment, or executive department of the Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including any field service thereof), officers, and employees thereof, in carrying out the provisions of this Act. Subject to the standards and procedures under section 505 of the Classification Act of 1949, as amended, not

to exceed fifteen positions in the Administration may be placed in grades 16, 17, and 18 of the General Schedule established by that Act, and any such positions shall be additional to the number authorized by such section.

(b) In the performance of, and with respect to, the functions, powers, and duties vested in him by this Act the Administrator may

(1) Sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne of final, shall be issued against the Administrator or his property;

(2) Under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection wiith the payment of loans granted under this Act, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred to the Attorney General for suit or collection;

(3) Deal with, complete, renovate, improve, modernize, insure, or rent, or sell for cash or credit upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any real property conveyed to or otherwise acquired by him in connection with the payment of loans granted under this Act;

This

(4) Pursue to final collection, by way of compromise or otherwise, all claims against. third parties assigned to the Administrator in connection with loans made by him. shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Administrator. Section 3709 of the Revised Statutes, as amended (41 U.S.C., sec. 5), shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under this Act if the premium therefor or the amount thereof does not exceed $1,000. The power to convey and to execute in the name of the Administrator deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this Act may be exercised by the Adminis

trator or by any officer or agent appointed by him without the execution of any express delegation of power or power of attorney. Nothing in this section shall be construed to prevent the Administrator from delegating such power by order or by power of attorney, in his discretion, to any officer or agent he may appoint;

(5) Acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), whenever deemed necessary or appropriate to the conduct of the activities authorized in sections 7(a) and 7(b);

(6) Make such rules and regulations as he deems necessary to carry out the authority vested in him by or pursuant to this Act;

(7) In addition to any powers, functions, privileges, and immunities otherwise vested in him, take any and all actions, including the procurement of the services of attorneys by contract, determined by him to be necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this Act; but no attorneys' services shall be procured by contract in any office where an attorney or attorneys are or can be economically employed full time to render such services;

(8) Pay the transportation expenses and per diem in lieu of subsistence expenses, in accordance with the Travel Expense Act of 1949, for travel of any person employed by the Administration to render temporary services not in excess of six months in connection with any disaster referred to in section 7(b) from place of appointment to, and while at, the disaster area and any other temporary posts of duty and return upon completion of the assignment; and

BUSINESS

DMINIST

PATION

[26 F.R. 4395, May 20, 1961] § 101.5-2 Litigation.

Service of process in any suit instituted against SBA may be accomplished in accordance with the provisions of Rule 4 of the Federal Rules of Civil Procedure or in accordance with the provisions of section 2410 of Title 28, United States Code. All litigation instituted by or against SBA will be prosecuted or defended by the Attorney General through the United States Attorney for the Federal District in which the matter arises.

(9) Accept, the services and facilities of Federal, State, and local agencies and groups, both public and private, and utilize such gratuitous services and facilities as may, from time to time, be necessary, to further the objectives of section 7(b).

[23 F.R. 10508, Dec. 31, 1958]

§ 101.5-3 Employment of fee counsel.

(a) Business loans. SBA employs attorneys on a full-time basis in each of its 15 Regional Offices and these employees usually perform all the legal services requested on behalf of SBA in the making of business loans. The loan applicant or borrower usually employs his own attorney to represent his interests, and this attorney is selected and paid by the applicant or borrower, except that the reasonableness of the fee is reviewed by SBA. On occasions, such as where the volume of activity has not been sufficient to require a full-time employee, or the area is too remote to economically use the services of a fulltime employee, SBA has hired fee counsel to represent it in business loans.

(c) To such extent as he finds necessary to carry out the provisions of this Act, the Administrator is authorized to procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civilservice and classification laws and, except in the case of stenographic reporting services by organizations, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. sec. 5). Any individual so employed may be compensated at a rate not in excess of $50 per diem, and, while such individual is away from his home or regular place of business, he may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses. [23 F.R. 10507, Dec. 31, 1958]

(b) Disaster loans. In disaster loans, as defined in Part 123 of this chapter, SBA often contracts for the services of fee counsel because the disaster presents an emergency and a volume of activity that cannot be promptly and economically serviced by the available full-time employees.

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