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entitled 'Small Business Administration: Additional Guidance on 
Documenting Credit Elsewhere Decisions Could Improve 7(a) Program 
Oversight' which was released on March 16, 2009.

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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

February 2009: 

Small Business Administration: 

Additional Guidance on Documenting Credit Elsewhere Decisions Could 
Improve 7(a) Program Oversight: 

GAO-09-228: 

GAO Highlights: 

Highlights of GAO-09-228, a report to congressional requesters. 

Why GAO Did This Study: 

The Small Business Administration’s (SBA) 7(a) program is intended to 
provide loan guarantees to small business borrowers who cannot obtain 
conventional credit at reasonable terms and do not have the personal 
resources to provide financing themselves. In fiscal year 2008, SBA 
guaranteed over 69,000 loans valued at about $13 billion. To assist in 
oversight of the 7(a) program, GAO was asked to (1) describe SBA’s 
criteria and lenders’ practices for determining that borrowers cannot 
obtain credit elsewhere and (2) examine SBA’s efforts to ensure that 
lenders are complying with the credit elsewhere provision. To meet 
these objectives, GAO reviewed applicable statutes and guidance, 
visited 18 lenders and reviewed 238 of their loan files, reviewed 97 on-
site lender review reports, and interviewed SBA officials. GAO’s 
samples of lenders and loan files were not generalizable. 

What GAO Found: 

The Small Business Act and 7(a) program regulations and guidance allow 
lenders to use their conventional lending practices to determine 
whether borrowers can obtain credit elsewhere at reasonable terms. On 
the basis of a review of 238 loan files at 18 lenders, GAO observed 
that the most common reasons these lenders cited to substantiate that 
borrowers could not obtain credit elsewhere were that the borrower 
needed a longer maturity than the lender’s policy permitted and the 
borrower’s collateral did not meet the lender’s requirements. These 
factors are two of the six listed in SBA’s guidance as acceptable to 
substantiate that a borrower could not obtain conventional credit. 

SBA has issued little guidance on how lenders should document in their 
files that borrowers could not obtain credit elsewhere. Internal 
control standards for federal agencies specify that good guidance 
(information and communication) is necessary to help ensure the proper 
implementation of program rules. While SBA’s guidance requires lenders 
to explain why the borrower could not obtain credit elsewhere in the 
loan file, it does not specify what exactly lenders should include in 
their explanations. Between October 2006 and March 2008, SBA reviewed 
97 lenders and determined that 31 of them had failed to consistently 
document that borrowers met the credit elsewhere requirement or 
personal resources test. All but one of the lenders with whom GAO met 
documented their credit elsewhere decisions in some way; however, given 
the broad authority granted to lenders, the explanations were generally 
not specific enough to reasonably support the lender’s conclusion that 
borrowers could not obtain credit elsewhere. A number of these lenders 
used a checklist that simply listed the six acceptable reasons cited in 
SBA’s guidance for substantiating that a borrower could not obtain 
credit elsewhere and did not prompt them to provide more information 
specific to the borrower—for example, details on insufficient 
collateral. Absent detailed guidance on what exactly SBA wants lenders 
to document in their credit elsewhere determinations, lenders likely 
will continue to offer limited information in their files, making 
meaningful oversight of compliance with the credit elsewhere 
requirement difficult. 

What GAO Recommends: 

GAO recommends that SBA issue more detailed guidance to lenders on how 
to document their compliance with the credit elsewhere requirement. In 
responding to a draft of this report, SBA stated that it would use 
GAO’s findings to create more specific guidance for lenders. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-09-228]. For more 
information, contact William B. Shear at (202) 512-8678 or 
shearw@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Program Design Allows Lenders to Use Their Conventional Lending 
Policies to Make Credit Elsewhere Decisions: 

Limited Guidance Impedes Effective Oversight of Lenders' Compliance 
with the Credit Elsewhere Requirement: 

Conclusions: 

Recommendation for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: 7(a) Lending during the Credit Crisis: 

Appendix II: Objectives, Scope, and Methodology: 

Appendix III: Implications of Imposing a More Prescriptive Credit 
Elsewhere Requirement: 

Appendix IV: Comments from the Small Business Administration: 

Appendix V: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Reasons Lenders Gave to Explain Why Borrowers Could Not Obtain 
Credit Elsewhere: 

Table 2: Impact of Loan Term on Annual Payment and Required Net 
Operating Income: 

Table 3: Number of 7(a) Loans to New Businesses by Lender: 

Table 4: Number and Size of Lenders Interviewed in Each Selected 
Location: 

Figures: 

Figure 1: Percentage of 7(a) and Conventional Loans by Loan Maturity 
Category, Calendar Years 2001-2004: 

Figure 2: Debt Service Coverage Ratios for Sample Borrowers: 

Figure 3: Percentage of Loan Files SBA Reviewed That Did Not Include 
Documentation for the Credit Elsewhere Requirement or Personal 
Resources Test, October 1, 2006-March 31, 2008: 

Figure 4: Examples of Corrective Actions Taken by Lenders to Address 
Credit Elsewhere and Personal Resources Test Deficiencies: 

Figure 5: Number and Dollar Amount of Approved 7(a) Loans as Reported 
by SBA, Fiscal Years 2003-2008: 

Abbreviations: 

CDC: certified development company: 

DSCR: debt service coverage ratio: 

LAS: Loan Accounting System: 

LIBOR: London Interbank Offered Rate: 

OCRM: Office of Credit Risk Management: 

PLP: preferred lender program: 

SBA: Small Business Administration: 

SBLC: small business lending company: 

SOP: Standard Operating Procedure: 

TALF: Term Asset-Backed Securities Loan Facility: 

[End of section] 

United States Government Accountability Office: Washington, DC 20548: 

February 12, 2009: 

The Honorable Thomas A. Carper: 
Chairman: 
Subcommittee on Federal Financial Management, Government Information, 
Federal Services, and International Security: Committee on Homeland 
Security and Governmental Affairs: United States Senate: 

The Honorable Tom Coburn, M.D. 
United States Senate: 

The recent tightening of the credit markets has raised concerns about 
the ability of small businesses to obtain credit and has increased 
attention on alternative sources of credit for this segment of the 
economy. The Small Business Administration (SBA) was created in 1953 to 
assist and protect the interests of small businesses, in part by 
addressing constraints in the supply of credit for these firms. The 
7(a) program, named after the section of the Small Business Act that 
authorized it, is SBA's largest business loan program.[Footnote 1] The 
program is intended to serve creditworthy small business borrowers who 
cannot obtain credit through a conventional lender at reasonable terms 
and do not have the personal resources to provide financing themselves. 
[Footnote 2] In fiscal year 2008, SBA guaranteed over 69,000 loans 
valued at about $13 billion.[Footnote 3] The loan guarantee covers part 
of a lender's losses in the event of a default, reducing the risk of 
lending to small businesses that would otherwise not qualify for a 
conventional loan. To streamline the lending process, SBA works with 
lenders that have "delegated authority"--that is, the ability to make 
credit determinations without prior review by SBA. According to SBA, 
the majority of loans that it guarantees each year are made by lenders 
with delegated authority. 

Because the 7(a) program is intended to serve borrowers who cannot 
obtain conventional credit at reasonable terms, lenders making 7(a) 
loans must ensure that borrowers meet the "credit elsewhere" 
requirement. This requirement stipulates that to receive 7(a) loans, 
borrowers must not be able to obtain financing under reasonable terms 
and conditions from conventional lenders.[Footnote 4] In addition, 
because 7(a) borrowers must not have the personal resources to cover 
the needed funding, lenders also must apply a "personal resources" test 
to confirm that the desired funds are not available from any principal 
of the business. Lenders may reject a small business's application for 
a conventional loan for a variety of reasons. For example, a business 
may need a loan with longer maturity than the lender's policy permits 
or an amount that exceeds the lender's legal lending limit or policy 
limit for a single customer. Lenders also may require more collateral 
than a small business can offer or may not lend to start-ups or firms 
in certain industries. 

To assist you in overseeing the 7(a) program, you asked us to review 
how lenders implement and SBA oversees the program's credit elsewhere 
provision. Specifically, this report (1) describes SBA's criteria for 
determining that borrowers cannot obtain credit elsewhere and practices 
lenders employ to determine that borrowers cannot obtain credit 
elsewhere and (2) examines SBA's efforts to ensure that lenders are 
complying with the credit elsewhere provision. 

To address these objectives, we reviewed applicable statutes and the 
legislative history of the 7(a) program, SBA's regulations and guidance 
for administering the program, our previous reports, and studies of the 
program conducted by the SBA Inspector General and external 
organizations. To determine lender practices for implementing the 
credit elsewhere provision, we visited 18 lenders with delegated 
authority and reviewed 238 of their approved applications for 7(a) 
loans. We selected these lenders based on the size of their SBA loan 
portfolios and geography, among other things. The number of files we 
reviewed at each lender was based on the size of the lender's 
portfolio; we reviewed more files at larger lenders than we did at 
smaller lenders. While our samples of 18 lenders and 238 loans files 
are nongeneralizable, they offer perspectives on how some lenders 
implement the credit elsewhere provision. We interviewed SBA officials 
and contractor staff to discuss lender oversight efforts and reviewed 
all 97 on-site review reports completed between October 2006 and March 
2008 and related correspondence and enforcement action data. Appendix 
II discusses our scope and methodology in further detail. 

We conducted our work in Atlanta, Georgia; Chicago, Illinois; Houston, 
Texas; Los Angeles, California; New York City, New York; San Francisco, 
California; and Washington, D.C., between February 2008 and February 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Results in Brief: 

The Small Business Act and 7(a) program regulations and guidance allow 
lenders to use their conventional lending practices to determine 
whether borrowers can obtain credit elsewhere at reasonable terms. That 
is, if a borrower does not meet the requirements of the lender's 
conventional loan policy, the lender will assume that conventional 
credit is unavailable to that borrower. The Small Business Act and its 
business lending regulations specify that SBA shall provide business 
loan assistance only to borrowers who cannot obtain credit elsewhere, 
defining credit elsewhere as the availability of credit from nonfederal 
sources on reasonable terms and conditions. SBA's primary operational 
guidance for the 7(a) program--Standard Operating Procedure (SOP) 50- 
10--builds upon the language of the statute and regulations by 
outlining six reasons lenders can use to substantiate that a borrower 
cannot obtain credit elsewhere. Together, the statute, regulations, and 
guidance allow lenders to use their own conventional lending policies 
to make case-by-case decisions about which borrowers need an SBA 
guarantee. During our review of 238 files at 18 lenders, we observed 
that the most common reasons these lenders cited to substantiate that 
borrowers could not obtain credit elsewhere were that the borrower 
needed a longer maturity than the lender's policy permitted and the 
borrower's collateral did not meet the lender's requirements. 

SBA has issued little guidance on how lenders should document in their 
files that borrowers could not obtain credit elsewhere. Internal 
control standards for federal agencies specify that good guidance 
(information and communication) is necessary to help ensure the proper 
implementation of program rules, including eligibility requirements. 
[Footnote 5] According to SBA's SOP 50-10, lenders are required to 
substantiate the reasons a borrower cannot obtain credit elsewhere at 
reasonable terms and retain the explanation in the borrower's loan 
file. However, the SOP does not specify what exactly lenders should 
include in their explanations. SBA has not issued any other guidance on 
documenting compliance with the credit elsewhere provision. SBA's own 
on-site reviews of lenders--its primary means of assessing compliance 
with the credit elsewhere requirement--indicated that documenting 
credit elsewhere determinations was a problem. Between October 2006 and 
March 2008, SBA determined that 31 of the 97 lenders reviewed had 
failed to consistently document that borrowers met the credit elsewhere 
requirement or personal resources test. The results of our file reviews 
at 18 lenders, which included many lenders who were previously reviewed 
by SBA, showed that all but one of the lenders had documented their 
credit elsewhere decisions in some way. However, the explanations they 
provided were generally not specific enough to reasonably support the 
lender's conclusion that borrowers could not obtain credit elsewhere. A 
number of these lenders used a checklist to document their decisions. 
However, these checklists simply list the six acceptable reasons cited 
in SOP 50-10 for substantiating that a borrower could not obtain credit 
elsewhere and do not prompt them to provide more information specific 
to the borrower--for example, how a longer maturity would improve a 
business's ability to repay a loan or the details on insufficient 
collateral. Such information could help support the lender's assessment 
that the borrower could not obtain credit elsewhere. Absent detailed 
guidance on what exactly SBA wants lenders to document in their credit 
elsewhere determinations, lenders likely will continue to offer limited 
information in their files, making meaningful oversight of compliance 
with the credit elsewhere requirement difficult. 

This report includes one recommendation designed to improve SBA's 
oversight of compliance with the credit elsewhere provision. We 
recommend that SBA issue more detailed guidance to lenders on how to 
document their compliance with the credit elsewhere requirement. We 
provided SBA with a draft of this report for its review and comment. In 
written comments, SBA stated it would work with its incoming 
administrative leadership to use our findings to create more specific 
guidance for lenders. 

Background: 

The Small Business Act created SBA to aid, counsel, assist, and protect 
the interests of small business concerns. The first version of Section 
7(a) of the act empowered SBA to make loans to small businesses with 
the restriction that "no financial assistance shall be extended … 
unless the financial assistance applied for is not otherwise available 
on reasonable terms." While there have been numerous amendments to 
Section 7(a), the credit elsewhere restriction has remained, with 
slight modifications. For instance, the phrase "credit elsewhere" was 
introduced in 1981 and the provision was changed to read that "[n]o 
financial assistance shall be extended pursuant to this subsection if 
the applicant can obtain credit elsewhere."[Footnote 6] At the same 
time, a definition of credit elsewhere was added. 

The 7(a) program's legislative history emphasizes the program's role in 
meeting the credit needs of certain small businesses. The legislative 
basis for the program recognizes that the conventional lending market 
is the principal source of financing for small businesses and that the 
loan assistance that SBA provides is intended to supplement rather than 
compete with that market. As the legislative history suggests, 
conventional lending may not be a feasible financing option for some 
small businesses under certain circumstances. The design of the 7(a) 
program is consistent with the statute and its legislative history. 
First, the loan guarantee limits the lender's risk in extending credit 
to a small firm that may not have met the lender's own requirements for 
a conventional loan. Second, the credit elsewhere requirement is 
intended to provide some assurance that guaranteed loans are offered 
only to firms that are unable to access credit on reasonable terms and 
conditions in the conventional lending markets. Third, an active 
secondary market for the guaranteed portion of a 7(a) loan allows 
lenders to sell the guaranteed portion of the loan to investors, 
providing additional liquidity that lenders can use for additional 
loans. 

Under the 7(a) program, SBA guarantees loans made by commercial lenders 
to small businesses for working capital and other general business 
purposes.[Footnote 7] These lenders are mostly banks, but some are 
nondepository lenders, including small business lending companies 
(SBLC)--nondepository lenders previously chartered by SBA to provide 
7(a) loans to qualified small businesses. The guarantee assures the 
lender that if a borrower defaults on a loan, the lender will receive 
an agreed-upon portion (generally between 50 percent and 85 percent) of 
the outstanding balance. For a majority of 7(a) loans, SBA relies on 
lenders with delegated authority to process and service 7(a) loans and 
to ensure that borrowers meet the program's eligibility requirements. 
To be eligible for the 7(a) program, a business must be an operating 
for-profit small firm (according to SBA's size standards) located in 
the United States and meet the credit elsewhere requirement, including 
the personal resources test.[Footnote 8] 

SBA is not authorized to extend credit to businesses if the financial 
strength of the individual owners or the firm itself is sufficient to 
provide or obtain all or part of the financing or if the business can 
access conventional credit. To assess whether borrowers can obtain 
credit elsewhere, lenders must determine that the desired credit, for a 
similar purpose and period of time, is unavailable to the firm on 
reasonable terms and conditions from nonfederal sources without SBA 
assistance, taking into consideration prevailing rates and terms in the 
community or locale where the firm conducts business. Nonfederal 
sources may include any lending institutions. In addition, lenders must 
determine that the firm's owners are unable to provide the desired 
funds from their personal resources. When applying this personal 
resources test, the lender must assess the liquid assets of each owner 
of 20 percent or more of the equity of the applicant company to 
determine the overall dollar value of the allowable exemption, which is 
defined as the amount of personal resources that do not have to be 
injected into the business. The allowable exemption is determined on 
the basis of the "total financing package." The total financing package 
includes any SBA loans, together with any other loans, equity 
injection, or business funds used or arranged for at the same general 
time for the same project as the SBA loan. If the total financing 
package: 

* is $250,000 or less, the exemption is two times the total financing 
package or $100,000, whichever is greater; 

* is between $250,001 and $500,000, the exemption is one and one-half 
times the total financing package or $500,000, whichever is greater; 
or: 

* exceeds $500,000, the exemption equals the total financing package or 
$750,000, whichever is greater. 

Once the exemption is determined, it is subtracted from the liquid 
assets. If the result is positive, that amount must be injected into 
the project. 

When the 7(a) program was first implemented, borrowers were generally 
required to show proof of credit denials (rejection documentation) from 
no fewer than two banks that documented, among other things, the 
reasons for not granting the desired credit. Similar requirements 
remained in effect until 1985, when SBA amended the rule to permit a 
lender's certification made in its application for an SBA guarantee to 
be sufficient documentation.[Footnote 9] This certification requirement 
remained when the rule was rewritten in 1996. SBA stated that requiring 
proof of loan denials was demoralizing to small businesses and 
unenforceable by SBA. 

Within the 7(a) program, there are several delivery methods--including 
regular 7(a), the preferred lender program (PLP), and SBAExpress. Under 
the regular (nondelegated) 7(a) program, SBA makes the loan approval 
decision, including the credit determination. Under PLP and SBAExpress, 
SBA delegates to the lender the authority to make loan approval 
decisions, including credit determinations, without prior review by 
SBA. The maximum loan amount under the SBAExpress program is $350,000 
(as opposed to $2 million for other 7(a) loans). The program allows 
lenders to utilize, to the maximum extent possible, their respective 
loan analyses, procedures, and documentation. In return for the 
expanded authority and autonomy provided by the program, SBAExpress 
lenders agree to accept a maximum SBA guarantee of 50 percent. (Other 
7(a) loans have a maximum guarantee of 75 or 85 percent, depending on 
the loan amount.) According to SBA, as of December 31, 2007, there were 
672 PLP and 1,889 SBAExpress lenders. Of these, 603 lenders were 
approved for both programs. 

In the federal budget, the 7(a) program is currently a "zero subsidy" 
program, meaning that the program does not require annual 
appropriations of budget authority for new loan guarantees. To offset 
some of the costs of the program, such as default costs, SBA assesses 
lenders two fees on each 7(a) loan. The guarantee fee must be paid by 
the lender at the time of loan application or within 90 days of the 
loan being approved, depending upon the loan term. This fee is based on 
the amount of the loan and the level of the guarantee, and lenders can 
pass the fee on to the borrower. The ongoing servicing fee must be paid 
annually by the lender and is based on the outstanding balance of the 
guaranteed portion of the loan. 

SBA's Office of Credit Risk Management (OCRM) is responsible for 
overseeing 7(a) lenders, including those with delegated authority. SBA 
created this office in fiscal year 1999 to ensure consistent and 
appropriate supervision of SBA's lending partners.[Footnote 10] The 
office is responsible for managing all activities regarding lender 
reviews, preparing written reports, evaluating new programs, and 
recommending changes to existing programs to assess risk potential. 

Program Design Allows Lenders to Use Their Conventional Lending 
Policies to Make Credit Elsewhere Decisions: 

The Small Business Act and 7(a) program regulations give lenders 
discretion to determine which borrowers cannot obtain credit elsewhere 
and thus require an SBA guarantee. SBA's primary guidance for the 7(a) 
program outlines six reasons lenders can use to substantiate that a 
borrower cannot obtain credit elsewhere. Together, the statute, 
regulations, and guidance allow lenders to use their own conventional 
lending policies to determine which borrowers need an SBA guarantee. 
Our file reviews showed that lenders most often cited the borrower's 
need for a longer maturity, lack of collateral, and the age or type of 
business as reasons for requiring an SBA guarantee. 

SBA's Credit Elsewhere Requirement Gives Broad Authority to Lenders: 

The Small Business Act specifies that SBA shall not make or guarantee 
loans for borrowers who are able to obtain credit elsewhere.[Footnote 
11] The statute defines credit elsewhere as: 

"the availability of credit from non-Federal sources on reasonable 
terms and conditions taking into consideration the prevailing rates and 
terms in the community in or near where the concern transacts business, 
or the homeowner resides, for similar purposes and periods of time." 

Consistent with the statute, the governing regulations note that SBA 
will guarantee loans only for applicants for whom the desired credit is 
not otherwise available on reasonable terms from a nonfederal 
source.[Footnote 12] According to SBA, the credit elsewhere requirement 
was specifically designed to be broad in order not to limit lenders' 
discretion and to allow for differences in geographic regions, economic 
conditions, and types of businesses. 

SBA's primary operational guidance for the 7(a) program--SOP 50-10-- 
builds upon the statute and regulations by outlining six reasons 
lenders can use to substantiate that a borrower cannot obtain credit 
elsewhere on reasonable terms.[Footnote 13] These reasons can be 
divided into two groups: those that are specific to the borrower's 
creditworthiness or business and those that are specific to the 
lender's financial position and unrelated to a borrower's 
creditworthiness or the availability of loans from other sources. 
Reasons related to the borrower are that: 

* The business needs a longer maturity than the lender's policy 
permits. 

* The collateral does not meet the requirements of the lender's 
policies. 

* The lender's policies normally do not allow loans to new businesses 
or businesses in the applicant's industry. 

* Any other factors relating to the credit that, in the lender's 
opinion, cannot be overcome without the guarantee. 

The lender may also use one of the following lender-related reasons: 
The requested loan amount exceeds the lender's legal lending limit or 
policy limit on the amount it can lend to one customer, or the lender's 
liquidity depends upon selling the guaranteed portion of the loan on 
the secondary market.[Footnote 14] 

Lenders Assess Availability of Credit Elsewhere against Their Own 
Underwriting Standards: 

On the basis of interviews with a sample of lenders and reviews of a 
sample of 7(a) loan files, we found that lenders evaluate a borrower's 
ability to obtain credit elsewhere on reasonable terms against their 
own conventional lending policies. This finding was generally 
consistent with those of a recent Urban Institute report.[Footnote 15] 
Lenders we visited most often cited the borrower's need for a longer 
maturity, lack of collateral, and the age or type of business as 
reasons for requiring an SBA guarantee. 

Different Underwriting Policies Result in Different Lending Practices: 

In practice, lenders evaluate a borrower's ability to obtain credit 
elsewhere against their own conventional lending policies.[Footnote 16] 
That is, if a borrower does not meet the requirements of the lender's 
conventional loan policy, the lender will require an SBA guarantee (or 
in some cases, deny the loan request). The criteria or thresholds 
established in the lender's underwriting policies are representative of 
the level of risk the lender is willing to assume on a loan. Many 
factors influence lenders' risk tolerance levels, including the size of 
the institution, its location, and its financial position. As a result, 
lenders may focus on different types of lending or see certain types of 
lending as being more central to their operations than others. 

Our findings from interviews with a small, nongeneralizable sample of 
18 lenders suggest that differences in lending practices could affect 
how the credit elsewhere requirement was applied. Some of the lenders 
said that they relied on automated underwriting systems that primarily 
considered quantitative factors such as credit scores and financial 
ratios to determine whether a borrower qualified for a conventional 
loan or required a guarantee. But some other lenders said that they 
also considered qualitative factors such as the borrower's relationship 
with the bank--for example, the amount on deposit or a prior lending 
history--when determining whether to extend conventional or guaranteed 
credit. 

An Urban Institute report on lenders' implementation of the credit 
elsewhere requirement reached similar conclusions. On the basis of 
interviews with 23 banks that originated both SBA and conventional 
loans, the Urban Institute concluded that lenders that employed small 
business credit-scoring models often had relatively straightforward 
rules regarding the types of borrowers that were eligible for 
conventional and guaranteed loans. However, it also noted that lenders 
(in particular smaller lenders) that continued to use relationship 
underwriting were less likely to have objective thresholds borrowers 
had to meet in order to qualify for conventional financing.[Footnote 
17] 

Lenders Cite Similar Reasons to Substantiate Credit Elsewhere 
Decisions: 

Using information collected from 238 recently approved 7(a) loan files 
from 18 lenders, we found that the most common reasons lenders cited to 
substantiate that borrowers could not obtain credit elsewhere were (1) 
that the business needed a longer maturity than the lender's policy 
permitted, (2) that the borrower's collateral did not meet the lender's 
policies, and (3) that the lender's policies did not normally allow 
loans to new businesses or businesses in the applicant's industry (see 
table 1).[Footnote 18] 

Table 1: Reasons Lenders Gave to Explain Why Borrowers Could Not Obtain 
Credit Elsewhere: 

Reason: The business needs a longer maturity than the lender's policy 
permits; 
Number of times cited in selected files: 142. 

Reason: The collateral does not meet the requirements of the lender's 
policies; 
Number of times cited in selected files: 110. 

Reason: The lender's policies normally do not allow loans to new 
businesses or businesses in the applicant's industry; 
Number of times cited in selected files: 47[A]. 

Reason: The lender's liquidity depends upon selling the guaranteed 
portion of the loan on the secondary market; 
Number of times cited in selected files: 28[B]. 

Reason: The requested loan exceeds either the lender's legal lending 
limit or policy limit regarding the amount it can lend to one customer; 
Number of times cited in selected files: 1. 

Reason: Other[C]; 
Number of times cited in selected files: 26. 

Reason: Total; 
Number of times cited in selected files: 354[D]. 

Source: GAO analysis of data from selected lenders. 

[A] Forty of the 47 files cited "the lender's policies normally do not 
allow loans to new businesses." The remaining 7 cited "the lender's 
policies normally do not allow loans to businesses in the applicant's 
industry." 

[B] Two SBLCs and one bank cited "the lender's liquidity depends upon 
selling the guaranteed portion of the loan on the secondary market" to 
substantiate that borrowers could not obtain credit elsewhere. One SBLC 
cited this reason 15 times, the other SBLC cited it 3 times, and the 
bank cited it 10 times. 

[C] Some of the other reasons lenders cited included an insufficient 
credit score or blemished credit and lack of a down payment. 

[D] The total number of reasons cited (354) exceeds the total number of 
files we reviewed (238) because lenders can and sometimes did cite more 
than one reason to substantiate that a borrower could not obtain credit 
elsewhere. 

[End of table] 

The results of our file reviews generally were consistent with the 
findings of the Urban Institute's report on lenders' implementation of 
the credit elsewhere requirement. The Urban Institute concluded that 
the most common reasons lenders cited to substantiate that borrowers 
could not obtain credit elsewhere were that the business needed a 
longer maturity than the lender's policy permitted and that the 
borrower's collateral did not meet the lender's underwriting 
requirements.[Footnote 19] 

As table 1 shows, the most common reason that lenders we visited cited 
to substantiate that a borrower could not obtain credit elsewhere was 
that the borrower needed a longer term (maturity) than the lender could 
provide with a conventional loan. In general, SBA-guaranteed loans 
provide more generous terms to borrowers than conventional loans. In 
2007, we found that almost 80 percent of 7(a) loans had maturities of 
more than 5 years, compared with 5 years or less for an estimated 83 
percent of conventional loans (see fig. 1).[Footnote 20] 

Figure 1: Percentage of 7(a) and Conventional Loans by Loan Maturity 
Category, Calendar Years 2001-2004: 

[Refer to PDF for image: multiple vertical bar graph] 

Maturity in years: 1 or less; 
7(a) loans: 2%; 	
Conventional loans: 47%. 
Conventional loan bracket: 45-50%. 

Maturity in years: less than 1 to 3; 
7(a) loans: 6%; 
Conventional loans: 14%. 
Conventional loan bracket: 10-15%. 

Maturity in years: less than 3 to 5; 
7(a) loans: 15%; 
Conventional loans: 22%. 
Conventional loan bracket: 18-24%. 

Maturity in years: less than 5 to 7; 
7(a) loans: 43%; 
Conventional loans: 2%. 
Conventional loan bracket: 0.5-2.5%. 

Maturity in years: >7 to 10; 
7(a) loans: 15%; 
Conventional loans: 8%. 
Conventional loan bracket: 6-9%. 

Maturity in years: >10 to 20; 
7(a) loans: 10%; 
Conventional loans: 6%. 
Conventional loan bracket: 4-7%. 

Maturity in years: More than 20; 
7(a) loans: 10%; 
Conventional loans: 2%. 
Conventional loan bracket: 1-3%. 

Source: GAO analysis of SBA and Federal Reserve Board of Governors’ 
data. 

Note: The brackets on the conventional loans represent the 95 percent 
confidence interval. See [hyperlink, 
http://www.gao.gov/products/GAO-07-769] for more information. 

[End of figure] 

In general, longer terms mean lower payments, which allow borrowers to 
service debt with a lower net operating income (see table 2). 

Table 2: Impact of Loan Term on Annual Payment and Required Net 
Operating Income: 

Loan attributes: Loan amount; 
Example: 1: $300,000; 
Example: 2: $300,000; 
Example: 3: $300,000; 
Example: 4: $300,000. 

Loan attributes: Interest rate (percent); 
Example: 1: 8.0; 
Example: 2: 8.0; 
Example: 3: 8.0; 
Example: 4: 8.0. 

Loan attributes: Maturity (years); 
Example: 1: 3; 
Example: 2: 5; 
Example: 3: 7; 
Example: 4: 10. 

Loan attributes: Annual payment (fully amortized); 
Example: 1: $112,800; 
Example: 2: $72,984; 
Example: 3: $56,100; 
Example: 4: $43,668. 

Loan attributes: Net operating income necessary to meet debt service 
payments (assumes 1.25 debt service coverage ratio); 
Example: 1: $141,000; 
Example: 2: $91,230; 
Example: 3: $70,125; 
Example: 4: $54,585. 

Source: GAO analysis. 

Note: Our analysis is similar to that presented in the January 2008 
Urban Institute report referenced previously. 

[End of table] 

Many lenders with whom we spoke said that they generally required a 
business to have an actual or projected debt service coverage ratio 
(DSCR) of at least 1.10 to 1.25 to obtain a conventional or guaranteed 
loan. DSCR is the ratio of net operating income (or cash flow) to debt 
payments, with a lower ratio indicating less ability to meet debt 
service payments. Our analysis of DSCRs showed that both the average 
and the mean ratios for all borrowers in our sample were higher than 
the 1.10 to 1.25 lender requirement (see fig. 2). We also found that 
lenders sometimes deviated quite substantially from their required 
minimums. In some instances, lenders provided loans to businesses with 
low or negative ratios, suggesting that those borrowers compensated for 
a lack of cash flow in the short term with collateral, for example. In 
other instances, lenders provided loans to businesses with ratios well 
above the minimum requirement, suggesting that factors other than cash 
flow were behind the reasons for requiring an SBA guarantee. 

Figure 2: Debt Service Coverage Ratios for Sample Borrowers: 

[Refer to PDF for image: illustration] 

Loan term: 7 years; 
Number of files: 26; 
Ratio range: -2.56 to 28.16; 
Average ratio: 2.8; 
Median ratio: 1.6. 

Loan term: 10 years; 
Number of files: 72; 
Ratio range: 0.91 to 11.04; 
Average ratio: 2.7; 
Median ratio: 2.1. 

Loan term: 25 years; 
Number of files: 31; 
Ratio range: 0.64 to 6.71; 
Average ratio: 2.1; 
Median ratio: 1.8. 

Loan term: All loans; 
Number of files: 185; 
Ratio range: -4.83 to 28.16; 
Average ratio: 2.4; 
Median ratio: 1.8. 

Source: GAO analysis of data from selected lenders. 

Note: Of the 238 files we reviewed, 185 files included a DSCR. The 
sample of loans is not representative of all loans made by the lenders 
we visited. The files we reviewed generally were approved in calendar 
years 2007 and 2008. 

[End of figure] 

Of the loans that we reviewed, 46 percent were cited as having 
insufficient collateral (because of its low value or uniqueness) for a 
conventional loan. SOP 50-10 stipulates that a 7(a) loan request cannot 
be denied on the basis of inadequate collateral, noting that one of the 
primary reasons lenders used the 7(a) program was to provide credit to 
small businesses that could repay a loan but lacked the collateral 
needed to cover it in case of default.[Footnote 21] One lender that we 
interviewed required all conventional loans to be fully securitized. If 
a borrower was unable to provide 100 percent collateral against the 
value of the loan, the lender would require an SBA guarantee. Other 
lenders had more lenient policies relating to collateral, allowing 
borrowers to obtain conventional financing with more limited 
collateral. 

Finally, as shown in table 3, our review of lender files showed that 
all but 2 of the 18 lenders made at least one 7(a) loan to a new 
business, but that some made significantly more of these loans than 
others. Many lenders we interviewed said that their conventional 
lending policies prohibited them from making conventional loans to new 
businesses. 

Table 3: Number of 7(a) Loans to New Businesses by Lender: 

Lender: 1; 
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 12. 

Lender: 2.
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 2. 

Lender: 3.
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 11. 

Lender: 4.
Number of loans to new businesses: 1; 
Number of loans to existing businesses: 14. 

Lender: 5.
Number of loans to new businesses: 0; 
Number of loans to existing businesses: 5. 

Lender: 6.
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 12. 

Lender: 7.
Number of loans to new businesses: 1; 
Number of loans to existing businesses: 3. 

Lender: 8.
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 12. 

Lender: 9.
Number of loans to new businesses: 1; 
Number of loans to existing businesses: 14. 

Lender: 10.
Number of loans to new businesses: 0; 
Number of loans to existing businesses: 20. 

Lender: 11.
Number of loans to new businesses: 6; 
Number of loans to existing businesses: 9. 

Lender: 12.
Number of loans to new businesses: 2; 
Number of loans to existing businesses: 3. 

Lender: 13.
Number of loans to new businesses: 2; 
Number of loans to existing businesses: 3. 

Lender: 14.
Number of loans to new businesses: 3; 
Number of loans to existing businesses: 2. 

Lender: 15.
Number of loans to new businesses: 5; 
Number of loans to existing businesses: 16. 

Lender: 16.
Number of loans to new businesses: 2; 
Number of loans to existing businesses: 12. 

Lender: 17.
Number of loans to new businesses: 17; 
Number of loans to existing businesses: 3. 

Lender: 18.
Number of loans to new businesses: 18; 
Number of loans to existing businesses: 12. 

Lender: All.
Number of loans to new businesses: 73 (31%); 
Number of loans to existing businesses: 165 (69%). 

Source: GAO analysis of data from selected lenders. 

Note: The sample of loans is not representative of all loans made by 
each of the lenders. The files we reviewed generally were approved in 
calendar years 2007 and 2008. 

[End of table] 

Limited Guidance Impedes Effective Oversight of Lenders' Compliance 
with the Credit Elsewhere Requirement: 

A lack of guidance to lenders on how to document compliance with the 
credit elsewhere requirement impedes SBA's oversight of compliance with 
the requirement. SBA requires lenders to explain in a borrower's loan 
file why the borrower could not obtain credit elsewhere on reasonable 
terms, but its guidance does not provide specific information on what 
lenders should include in their explanations. Our review of on-site 
review reports completed during a recent six-quarter period found that 
SBA determined that 31 of 97 lenders reviewed had not consistently 
documented that borrowers met either the credit elsewhere requirement 
or personal resources test. Although all but 1 of the 18 lenders with 
delegated authority that we interviewed documented their credit 
elsewhere decisions in some way, the explanations in the files we 
reviewed were generally not specific enough to reasonably support the 
lender's conclusion that borrowers could not actually obtain credit 
elsewhere. 

Guidance on Documenting Credit Elsewhere Decisions Is Limited: 

Internal control standards for federal agencies and programs state that 
good guidance (information and communication) is a key component of a 
strong internal control framework.[Footnote 22] Internal controls are 
an integral component of an organization's management that provides 
reasonable assurance that the organization is meeting its objective of 
ensuring compliance with applicable laws and regulations. For an entity 
to run and control its operations, it must have relevant, reliable, and 
timely communications relating to external as well as internal events. 
Therefore, management should ensure that there are adequate means of 
communicating with, and obtaining information from, external 
stakeholders. 

Although SBA's guidance requires lenders to document the reasons that 
borrowers cannot obtain credit elsewhere, it does not specify what 
exactly lenders should include in their explanations. The only guidance 
in SOP 50-10 on documenting compliance with the requirement is a 
sentence stating that the lender is required to substantiate the 
factors that prevent the borrower from obtaining credit elsewhere and 
retain the explanation in the small business applicant's file.[Footnote 
23] SBA recently revised SOP 50-10 but did not change the guidance on 
documenting compliance with the credit elsewhere requirement. According 
to SBA, SOP 50-10 provides thorough guidance on what is required of 
lenders for making the credit elsewhere determination and documenting 
it in the file. To supplement the revised guidance, SBA has issued on 
its Web site some frequently asked questions about the new SOP. To 
date, no questions on the credit elsewhere requirement have been 
posted. 

SBA Reviews Have Identified Deficiencies in Documenting Compliance with 
the Credit Elsewhere Requirement: 

SBA's Office of Credit Risk Management is responsible for monitoring 
and evaluating SBA lenders and implementing corrective actions as 
necessary. Its primary means of ensuring compliance with the credit 
elsewhere requirement is on-site reviews of large 7(a) lenders--those 
lenders with outstanding balances on the SBA-guaranteed portions of 
their loan portfolio amounting to $10 million or more.[Footnote 24] SBA 
also conducts on-site reviews of large certified development companies 
(CDC) that make 504 loans.[Footnote 25] According to SBA officials, the 
7(a) and 504 lenders that SBA plans to review on site over a 2-year 
period will account for about 85 percent of all guaranteed dollars. 
[Footnote 26] SBA relies on a contractor to perform these on-site 
lender reviews. According to SOP 51 00--SBA's guidance on on-site 
lender reviews--the purpose of the on-site review is threefold: (1) to 
enhance SBA's ability to gauge the overall quality of the lender's 7(a) 
or 504 portfolio; (2) to identify weaknesses in an SBA lender's SBA 
operations before serious problems develop that expose SBA to losses 
that exceed those inherent in a reasonable and prudent SBA loan 
portfolio; and (3) to ensure that prompt and effective corrective 
actions are taken, as appropriate.[Footnote 27] In prioritizing lenders 
for review, SBA primarily considers the following factors: portfolio 
size, risk rating, date of last review, and findings from previous 
reviews. In addition to assessing performance, SBA also prepares a 
written report and follows up with the SBA lender to address weaknesses 
or deficiencies identified during the review. 

As part of these oversight reviews, the SOP requires SBA to determine 
whether lender policies and practices adhere to SBA's credit elsewhere 
requirement. This includes checking to see whether lenders have applied 
a personal resources test to confirm that the desired funds were not 
available from any principal of the business. With respect to the 
credit elsewhere review, SBA's contractor explained that it checks to 
see that the lender documented its credit elsewhere determination and 
cited one of the six acceptable factors listed in SOP 50-10.[Footnote 
28] However, it does not routinely assess the lender's support for its 
credit elsewhere determination. Contract staff performing an on-site 
review use a checklist that requires the examiner to answer yes or no 
that "written evidence that credit is not otherwise available on terms 
not considered unreasonable without guarantee provided by SBA" was in 
the file and that the "personal resources test was applied and enforced 
according to SBA policy." Contractor officials stated that when the 
documentation standard is not met, the examiner will sometimes look at 
the factual support in the file to independently determine whether the 
credit elsewhere requirement or personal resources test was actually 
met. 

Our review of a sample of SBA's on-site review reports showed that SBA 
determined that nearly a third of lenders had not properly documented 
that borrowers met either the credit elsewhere requirement or the 
personal resources test. We analyzed reports from all the on-site 
lender reviews SBA conducted during a six-quarter period from October 
2006 to March 2008 and found that 31 of the 97 lenders reviewed did not 
consistently document that borrowers met the credit elsewhere 
requirement or personal resources test.[Footnote 29] We had to perform 
this analysis because, until very recently, SBA did not have a system 
in which it recorded the results of on-site reviews.[Footnote 30] One 
on-site review report we analyzed stated that "the credit elsewhere 
assessment was missing in 24 percent of the cases reviewed." Another 
report stated that "the lender failed to properly document the personal 
resources test in 20 of the 22 cases reviewed." As shown in figure 3, 
the percentage of files at each lender that were cited for not 
including credit elsewhere documentation ranged from a low of 3 percent 
to 89 percent. Similarly, the percentage of lender files that did not 
include documentation of the personal resources test ranged from a low 
of 3 percent to 100 percent. 

Figure 3: Percentage of Loan Files SBA Reviewed That Did Not Include 
Documentation for the Credit Elsewhere Requirement or Personal 
Resources Test, October 1, 2006-March 31, 2008: 

[Refer to PDF for image] 

Lender: 1; 
Percentage error, Credit elsewhere requirement: 0; 
Percentage error, Personal resources test: 5.26. 

Lender: 2; 
Percentage error, Credit elsewhere requirement: 23.53; 
Percentage error, Personal resources test: 0. 

Lender: 3; 
Percentage error, Credit elsewhere requirement: 6.9; 
Percentage error, Personal resources test: 17.24. 

Lender: 4; 
Percentage error, Credit elsewhere requirement: 28; 
Percentage error, Personal resources test: 4. 

Lender: 5; 
Percentage error, Credit elsewhere requirement: 0; 
Percentage error, Personal resources test: 90.91. 

Lender: 6; 
Percentage error, Credit elsewhere requirement: 60; 
Percentage error, Personal resources test: 60. 

Lender: 7; 
Percentage error, Credit elsewhere requirement: 6.45; 
Percentage error, Personal resources test: 16.13. 

Lender: 8; 
Percentage error, Credit elsewhere requirement: 32.26; 
Percentage error, Personal resources test: 32.26. 

Lender: 9; 
Percentage error, Credit elsewhere requirement: 16.67; 
Percentage error, Personal resources test: 87.5. 

Lender: 10; 
Percentage error, Credit elsewhere requirement: 0; 
Percentage error, Personal resources test: 95. 

Lender: 11; 
Percentage error, Credit elsewhere requirement: 20.83; 
Percentage error, Personal resources test: 20.83. 

Lender: 12; 
Percentage error, Credit elsewhere requirement: 76.92; 
Percentage error, Personal resources test: 88.46. 

Lender: 13; 
Percentage error, Credit elsewhere requirement: 11.11; 
Percentage error, Personal resources test: 3.7; 

Lender: 14; 
Percentage error, Credit elsewhere requirement: 25.93; 
Percentage error, Personal resources test: 85.19. 

Lender: 15; 
Percentage error, Credit elsewhere requirement: 24; 
Percentage error, Personal resources test: 96; 

Lender: 16; 
Percentage error, Credit elsewhere requirement: 10; 
Percentage error, Personal resources test: 10. 

Lender: 17; 
Percentage error, Credit elsewhere requirement: 58.33; 
Percentage error, Personal resources test: 45.83. 

Lender: 18; 
Percentage error, Credit elsewhere requirement: 62.07; 
Percentage error, Personal resources test: 68.97. 

Lender: 19; 
Percentage error, Credit elsewhere requirement: 32; 
Percentage error, Personal resources test: 36. 

Lender: 20; 
Percentage error, Credit elsewhere requirement: 4; 
Percentage error, Personal resources test: 16. 

Lender: 21; 
Percentage error, Credit elsewhere requirement: 3.23; 
Percentage error, Personal resources test: 100. 

Lender: 22; 
Percentage error, Credit elsewhere requirement: 54.55; 
Percentage error, Personal resources test: 0. 

Lender: 23; 
Percentage error, Credit elsewhere requirement: 3.7; 
Percentage error, Personal resources test: 25.93. 

Lender: 24; 
Percentage error, Credit elsewhere requirement: 89.29; 
Percentage error, Personal resources test: 28.57. 

Lender: 25; 
Percentage error, Credit elsewhere requirement: 37.5; 
Percentage error, Personal resources test: 12.5. 

Lender: 26; 
Percentage error, Credit elsewhere requirement: 29.63; 
Percentage error, Personal resources test: 3.7. 

Lender: 27; 
Percentage error, Credit elsewhere requirement: 0; 
Percentage error, Personal resources test: 100. 

Lender: 28; 
Percentage error, Credit elsewhere requirement: 13.33; 
Percentage error, Personal resources test: 3.33. 

Lender: 29; 
Percentage error, Credit elsewhere requirement: 67.86; 
Percentage error, Personal resources test: 89.29. 

Lender: 30; 
Percentage error, Credit elsewhere requirement: 13.33; 
Percentage error, Personal resources test: 10. 

Lender: 31; 
Percentage error, Credit elsewhere requirement: 54.55; 
Percentage error, Personal resources test: 60.61. 

Lender: All
Average Percentage error, Credit elsewhere requirement: 26; 
Average Percentage error, Personal resources test: 42. 

Source: GAO analysis. 

[End of figure] 

We also found that in each of the 31 cases where there was a finding, 
SBA required the lender to take corrective action.[Footnote 31] When 
conveying the results of an on-site review to a lender, SBA instructs 
the lender to take corrective actions in response to any findings. The 
lender then is required to respond to SBA with information on the 
specific actions it plans to take. In subsequent correspondence with 
the lender, SBA indicates whether the action taken in response to the 
finding was satisfactory. As shown in figure 4, corrective actions 
taken by the 31 lenders with credit elsewhere or personal resources 
test findings included changes in their procedures to address 
identified deficiencies, such as updating forms to reflect the credit 
elsewhere requirement and personal resources test. In all 31 cases, SBA 
determined that the actions taken by lenders were satisfactory. 

Figure 4: Examples of Corrective Actions Taken by Lenders to Address 
Credit Elsewhere and Personal Resources Test Deficiencies: 

[Refer to PDF for image: illustration] 

New form: 
Updated policy and procedures; 
Checklist: A, B, C. 

* Change to credit elsewhere or personal resources test policy or 
procedures, such as adopting a policy statement or changing the loan 
approval process. 

* Creating a new form such as "SBA Credit Elsewhere Rules Statement" or 
"Personal Resources Calculation" or a closing checklist. 

* Updating existing forms such as delineating a credit elsewhere 
section in the lender's credit memo. 

Source: GAO. 

[End of figure] 

In contrast to SBA's on-site review results, our file reviews revealed 
that all but one of the lenders included some credit elsewhere 
documentation in their loan files. We found that besides certifying on 
the application that credit was not available on reasonable terms from 
other sources, lenders generally summarized their credit elsewhere 
determinations in the lender's assessment of the borrower, commonly 
referred to as a "credit memo." SBA's on-site reviews appear to have 
had some impact on lender documentation. The majority of lenders we 
visited told us that SBA's contractor had conducted an on-site review 
prior to our visit. In addition, representatives of two lenders told us 
that their on-site reviews had resulted in corrective actions related 
to the credit elsewhere requirement. An official from one lender stated 
that it had developed formalized polices and procedures for its 7(a) 
lending program and revised its forms and the format of the bank's 
credit memo to help ensure that their credit elsewhere determinations 
were documented. Officials representing the other lender stated that 
they require a checklist for their SBAExpress loans to remind staff to 
document credit elsewhere decisions. 

Lenders' Documentation of Credit Elsewhere Decisions Generally Was Not 
Specific Enough to Reasonably Support the Determination That Borrowers 
Could Not Obtain Credit Elsewhere: 

Although all but one of the lenders we visited documented their credit 
elsewhere decisions in some way, our review of documentation provided 
to support credit elsewhere decisions in 238 loan files showed that 
most lenders did not provide detailed information on why borrowers 
could not obtain credit elsewhere. For instance, a number of lenders we 
met with used a checklist to document their credit elsewhere decisions. 
These checklists allow lenders to select one or more of the six 
acceptable factors outlined in SBA's SOP 50-10 that "demonstrate an 
identifiable weakness in the credit of a borrower or exceed the policy 
limits of the lender." However, they do not prompt lenders to provide 
more specific information, such as how a longer maturity would improve 
a business's ability to repay a loan or the details on insufficient 
collateral. 

Some lenders also documented their credit elsewhere decisions in credit 
memos, but the information provided was generally not very specific. 
Some examples of credit elsewhere statements in lender files included 
the following: 

* "[The lender] examined the availability of credit and determined that 
the desired credit is unavailable to the Applicant on reasonable terms 
and conditions without SBA assistance taking into consideration 
prevailing rates and terms in the community in and near where the 
applicant will be conducting business. Specifically, the Applicant 
would not be able to obtain the proposed financing for this specific 
purpose without federal assistance." 

* "The terms and conditions offered are not available in the 
marketplace without the assistance of the SBA guarantee." 

* "Repayment capability requires maturity that exceeds [the lender's] 
policy; value of available collateral is unacceptable; credit 
unavailable through conventional loan without a lower loan-to-value 
ratio."[Footnote 32] 

As evidenced by the above examples, our review of loan files showed 
that most lenders generally did not provide specific information about 
the borrower in the statements they included in their explanations, nor 
did they elaborate upon the items they indicated on the checklist. The 
lack of details pertaining to the individual borrower or the lender's 
financial condition raised questions about the usefulness of the credit 
elsewhere documentation provided by lenders. Given the broad authority 
granted to lenders, more information specific to the borrower's or the 
lender's financial condition would help support the lender's assessment 
that the borrower could not obtain credit elsewhere. For example, a 
statement containing both the borrower's available collateral and the 
amount of collateral the lender requires for a conventional loan would 
support the conclusion that the "value of available collateral is 
unacceptable." 

However, one lender we visited provided more detailed information about 
borrowers' credit/financial positions and the reasons that 7(a) loans 
were more suitable than conventional loans, which provided greater 
assurance that the borrower could not obtain credit elsewhere. In 
addition to substantiating that the borrower could not obtain credit 
elsewhere, the lender provided notes documenting why the borrower was 
denied a conventional loan. For example: 

* Credit elsewhere documentation: "Business is new and does not have 
sufficient operating history." Conventional loan denial: "Length of 
time in business and/or current management; inadequate cash flow; 
delinquent past or present credit obligations with others; revolving 
balances to revolving credit limits is high." 

* Credit elsewhere documentation: "Business and personal scores are 
below the conventional requirement." Conventional loan denial: 
"Foreclosure, repossession, collection judgment, terms and conditions 
requested are not offered on this product. Inadequate cash flow." 

In addition, two other lenders provided more detailed information in 
some instances. For example: 

* "Credit is not available elsewhere due to the fact that the applicant 
business is not fully secured by the liquidation value of the 
collateral being pledged. In addition, there is only 1 year old 
repayment ability from past operations and the applicant requires a 
maturity greater than the 12 years that [the lender] will go out on 
commercial loans." 

* "[The lender] would not be willing to provide conventional financing 
on this project at rates and terms acceptable to provide sufficient 
cash flow for repayment. The fact that the applicants will be injecting 
10 percent into the project and have requested a 20 year term does not 
qualify for conventional financing under our present loan policy. We 
would not be able to provide funds without the use of the SBA 
guaranteed loan program." 

The results of our file review show that most lenders tend to use 
generic language to meet credit elsewhere compliance requirements, 
making it difficult to determine with certainty whether borrowers could 
not obtain credit elsewhere. When conducting oversight, SBA needs to 
ensure that lenders are making loans only to borrowers that meet the 
eligibility requirements of the program. In the absence of detailed 
guidance on what exactly SBA wants lenders to document or a more 
prescriptive credit elsewhere requirement, lenders will likely continue 
to offer limited credit elsewhere statements in their files, making 
meaningful oversight of compliance with the requirement difficult. For 
more information on how SBA could create a more prescriptive 
requirement and the implications of doing so, see appendix III. 

Conclusions: 

The 7(a) program is intended to serve creditworthy small business 
borrowers who cannot obtain credit through a conventional lender at 
reasonable terms and do not have the personal resources to provide it 
themselves. In most cases, SBA relies on the lender to determine if a 
borrower is eligible for a 7(a) loan, including determining whether the 
borrower could obtain credit elsewhere. Relying on lenders with 
delegated authority underscores the importance of SBA guidance and 
oversight. However, SBA's lack of guidance to lenders on how to 
document compliance with the credit elsewhere requirement impedes the 
agency's ability to oversee compliance with the credit elsewhere 
requirement. 

SBA's guidance to lenders on documenting compliance with the credit 
elsewhere requirement is limited. SOP 50-10 requires lenders to retain 
explanations of their credit elsewhere determinations in borrowers' 
loan files but does not specify the amount of detail lenders should 
include in their explanations. Even with the lack of detail required, 
the results of SBA's on-site reviews of 7(a) lenders--the agency's 
primary means of ensuring compliance with the credit elsewhere 
requirement--indicated that documenting credit elsewhere determinations 
was a problem for some lenders. Our review of a recent six-quarter 
period found that SBA had determined that nearly a third of the lenders 
reviewed had not consistently documented that borrowers met the credit 
elsewhere requirement or personal resources test. Further, the results 
of file reviews we conducted at 18 lenders raise questions about the 
usefulness of credit elsewhere documentation provided by lenders in 
assessing compliance with the credit elsewhere requirement. We found 
that lenders tended to provide general statements about a borrower's 
ability to obtain credit elsewhere, generally citing just one of the 
six acceptable factors listed in SOP 50-10 without customizing the 
statement to fit the borrower or lender in question. This practice made 
it difficult to reasonably conclude that borrowers met the credit 
elsewhere requirement. The statute, regulations, and guidance allow 
lenders to use their own conventional lending policies to make case-by-
case decisions about which borrowers need an SBA guarantee. Given the 
broad authority granted to lenders, requiring documentation of the 
analysis supporting their credit elsewhere decisions could help SBA 
ensure that the eligibility requirement is being met. By collecting and 
analyzing this additional information on how lenders are applying the 
credit elsewhere standard, SBA could better ensure that lenders are 
complying with the standard. Further, identifying promising practices 
used by lenders to document their credit elsewhere determinations could 
help SBA develop more specific guidance for lenders. Absent detailed 
guidance on what exactly SBA wants lenders to document in their credit 
elsewhere determinations, lenders will likely continue to offer limited 
information in their files, making meaningful oversight of compliance 
with the credit elsewhere requirement difficult. 

Recommendation for Executive Action: 

To improve SBA's oversight of lenders' compliance with the credit 
elsewhere requirement, we recommend that the SBA Administrator issue 
more detailed guidance to lenders on how to document their compliance 
with the credit elsewhere requirement. As part of developing this 
guidance, SBA could consider (1) requiring lenders to include the 
analysis that supports their credit elsewhere determinations and (2) 
identifying promising practices currently being used by lenders. After 
revising its guidance, SBA also could consider collecting and analyzing 
any additional information lenders are required to provide on how they 
apply the credit elsewhere standard. 

Agency Comments and Our Evaluation: 

We requested SBA's comments on a draft of this report, and the 
Associate Administrator of the Office of Capital Access provided 
written comments that are presented in appendix IV. SBA stated that it 
works to establish clear guidelines and standards that ensure 
documented lender compliance without creating overly burdensome 
paperwork. It also stated that it would work with its incoming 
administrative leadership to use our findings to create more specific 
guidance for lenders on documenting compliance with credit elsewhere 
standards in a way that achieves this balance. 

As agreed with your office, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to the Chair and Ranking Member, Senate Committee on Small Business and 
Entrepreneurship; Chairwoman and Ranking Member, House Committee on 
Small Business; other interested congressional committees; and the 
Acting Administrator of the Small Business Administration. The report 
also will be available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-8678 or shearw@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report are 
listed in appendix V. 

Signed by: 

William B. Shear: 
Director, Financial Markets and Community Investment: 

[End of section] 

Appendix I: 7(a) Lending during the Credit Crisis: 

Historically, the Small Business Administration's (SBA) 7(a) program 
has been thought of as a countercyclical program or stimulus, meaning 
that when conventional credit is tightened, lenders make broader use of 
the guarantee program to serve the needs of small businesses. However, 
during this most recent economic downturn, the number and value of 
approved loans has decreased significantly (see fig. 5). 

Figure 5: Number and Dollar Amount of Approved 7(a) Loans as Reported 
by SBA, Fiscal Years 2003-2008: 

[Refer to PDF for image: illustration] 

Fiscal year: 2003; 
Loans: 67,381; 
Percentage change from previous year: Not applicable; 
Dollars: $11.3 billion; 
Percentage change from previous year: Not applicable. 

Fiscal year: 2004; 
Loans: 81,133; 
Percentage change from previous year: 20%; 
Dollars: $13.6 billion; 
Percentage change from previous year: 20%. 

Fiscal year: 2005; 
Loans: 95,900; 
Percentage change from previous year: 18%; 
Dollars: $15.2 billion. 
Percentage change from previous year: 12%. 

Fiscal year: 2006; 
Loans: 97,290; 
Percentage change from previous year: 1%; 
Dollars: $14.5 billion; 
Percentage change from previous year: -5%. 

Fiscal year: 2007; 
Loans: 99,607; 
Percentage change from previous year: 2%; 
Dollars: $14.3 billion; 
Percentage change from previous year: -1%. 

Fiscal year: 2008; 
Loans: 69,434; 
Percentage change from previous year: -30%; 
Dollars: $12.7 billion; 
Percentage change from previous year: -11%. 

Source: GAO analysis of SBA data. 

[End of figure] 

SBA and others have speculated as to the reasons for this decline. 

* In October 2008, SBA issued a press release citing "a 'perfect storm' 
of tightened credit by commercial lenders, declining creditworthiness, 
and reduced demand for loans from small business borrowers uncertain 
about the future" as the primary reasons for the substantial decrease 
in 7(a) lending.[Footnote 33] 

* Some lenders have said that the decline in premiums for selling 
guaranteed portions of loans on the secondary market has reduced 
incentives for those lenders who depend on premium income to make 7(a) 
loans. By some estimates, premium rates have declined as much as 60 
percent, resulting in significant reductions in income for SBA lenders. 

* Others cited SBA's new oversight fees as a disincentive to begin or 
continue 7(a) lending.[Footnote 34] According to SBA, lenders with 7(a) 
portfolios of at least $10 million likely will pay oversight fees of 
between $22,000 and $27,000. 

* Finally, some lenders have said that the increased frequency with 
which SBA has denied or reduced guarantees on defaulted loans for 
failure to follow the rules for documenting loans has created 
uncertainty among lenders over whether SBA will honor guarantees, 
creating disincentives for lenders to participate in the program. 

Although the degree to which these reasons may account for the steep 
decline in 7(a) lending is unclear, SBA and Members of Congress have 
implemented or proposed measures to stimulate lender and borrower 
participation in the program.[Footnote 35] For example: 

* SBA issued an interim rule allowing new SBA loans to be made with an 
alternative base interest rate, the 1-month London Interbank Offered 
Rate (LIBOR), in addition to the prime rate, which was previously 
allowed. According to SBA, the prime and LIBOR rates have fluctuated 
away from their historical relationship, typically 300 basis points, 
squeezing SBA lenders out of the lending market because their costs are 
based on the LIBOR rate. 

* SBA has allowed a new structure for assembling SBA loans into pools 
for sale in the secondary market. According to SBA, the enhanced 
flexibility in loan pool structures can help affect profitability and 
liquidity in the secondary market for SBA-guaranteed loans. Because the 
average interest rate is used, these pools are easier for pool 
assemblers to create, thus providing incentives for more investors to 
bid on the loans. 

* On November 24, 2008, the U.S. Department of the Treasury announced 
that it would allocate $20 billion to back the creation of a $200 
billion Term Asset-Backed Securities Loan Facility (TALF) at the 
Federal Reserve Bank of New York. TALF will make loans to investors who 
purchase asset-backed securities made up of small business loans 
guaranteed by SBA, auto loans, student loans, or credit card loans. 
According to SBA, this will make it easier for lenders to sell the 
loans they make and use the proceeds of those sales to make new loans. 

* Introduced on February 7, 2008, the Small Business Lending Stimulus 
Act of 2008 (S. 2612) proposed to reduce 7(a) loan fees and authorize 
appropriations to cover such fee reductions. Specifically, the bill 
proposed to reduce fees on loans of less than $150,000 from 2 percent 
to 1 percent, on loans between $150,000 and $700,000 from 3 percent to 
2.5 percent, and on loans of over $700,000 from 3.5 percent to 3 
percent. 

* Introduced on November 19, 2008, the 10 Steps for a Main Street 
Economic Recovery Act (S. 3705) proposed several measures to protect 
and expand small business lending, including increasing the amount of 
financing available to businesses under the 7(a) program from $2 
million to $3 million, temporarily reducing fees to defray the cost of 
borrowing for small businesses, and providing tax breaks to small 
businesses. 

[End of section] 

Appendix II: Objectives, Scope, and Methodology: 

In this report, we (1) describe SBA's criteria for determining that 
borrowers cannot obtain credit elsewhere and practices lenders employ 
to determine that borrowers cannot obtain credit elsewhere and (2) 
examine SBA's efforts to ensure that lenders are complying with the 
credit elsewhere provision. 

To determine SBA's criteria for determining that borrowers cannot 
obtain credit elsewhere, we reviewed applicable statutes, regulations, 
and program guidance. For background on the 7(a) program and the credit 
elsewhere provision, we reviewed the legislative history of the 7(a) 
program, our previous reports, and studies of the program conducted by 
the SBA Inspector General and external organizations.[Footnote 36] We 
also interviewed officials from SBA's Office of Financial Assistance on 
guidance provided to 7(a) lenders. 

To determine the practices that lenders employ to meet the credit 
elsewhere requirement, we visited 7(a) lenders located in and around 
the following cities: Atlanta, Georgia; Chicago, Illinois; Houston, 
Texas; Los Angeles, California; New York City, New York; San Francisco, 
California; and Washington, D.C. During these site visits, we 
interviewed officials at 18 lenders and reviewed 238 of their approved 
7(a) loan applications. We selected these lenders to obtain a variety 
in the types of 7(a) loans they made (preferred lender program [PLP] 
and SBAExpress loans) and the size of their SBA loan portfolios. We 
also considered geographic diversity. In addition, we interviewed 
representatives of the National Association of Government Guaranteed 
Lenders, the trade association for 7(a) lenders. 

Using data obtained from SBA, we ranked 7(a) lenders in each of the 
selected cities from largest to smallest based on the number of active 
or outstanding 7(a) loans for each lender.[Footnote 37] With the 
exception of Chicago and Washington, D.C., we contacted lenders in each 
city in descending order until we achieved our quota (at least three in 
each city).[Footnote 38] (See table 4.) For purposes of this report, we 
considered small lenders to be those with 50 or fewer active or 
outstanding 7(a) loans. We made three attempts to contact a lender 
before moving on to the next lender on the list. 

Table 4: Number and Size of Lenders Interviewed in Each Selected 
Location: 

City: Atlanta, Georgia; 
Total number of lenders interviewed: 3; 
Number of large lenders: 1; 
Number of small lenders: 2. 

City: Chicago, Illinois; 
Total number of lenders interviewed: 1; 
Number of large lenders: 0; 
Number of small lenders: 1. 

City: Houston, Texas; 
Total number of lenders interviewed: 3; 
Number of large lenders: 3; 
Number of small lenders: 0. 

City: Los Angeles, California; 
Total number of lenders interviewed: 4; 
Number of large lenders: 4; 
Number of small lenders: 0. 

City: New York City, New York; 
Total number of lenders interviewed: 3; 
Number of large lenders: 2; 
Number of small lenders: 1. 

City: San Francisco, California; 
Total number of lenders interviewed: 3; 
Number of large lenders: 2; 
Number of small lenders: 1. 

City: Washington, D.C.; 
Total number of lenders interviewed: 1; 
Number of large lenders: 1; 
Number of small lenders: 0. 

Source: GAO. 

[End of table] 

The applications we reviewed generally covered loans that were approved 
within calendar years 2007 and 2008. The number of files we reviewed at 
each lender was based on the size of the lender's portfolio and GAO 
staff resources. On the basis of a pilot test at one lender, we 
determined that we could review approximately 20 files during one site 
visit. As a result, we reviewed between 5 and 25 of each lender's most 
recently approved loans, depending on the size of the lender.[Footnote 
39] To strengthen the accuracy of the collection of information from 
lender files, we validated our data entry for 20 percent of all files 
reviewed at each lender. The sample of lenders we visited was not 
designed to be generalizable to the population of 7(a) lenders, nor was 
the sample of loans at each lender designed to be generalizable to the 
population of 7(a) borrowers at each lender. 

To assess SBA's efforts to ensure lender compliance with the credit 
elsewhere requirement, we reviewed excerpts from all 97 on-site lender 
review reports completed from October 1, 2006, through March 31, 2008. 
These excerpts documented SBA's assessment of the lenders' compliance 
with the credit elsewhere requirement and personal resources test. We 
also reviewed correspondence between SBA and the 31 lenders that had 
credit elsewhere or personal resources test findings. This 
correspondence detailed the corrective actions that the lenders had 
implemented or agreed to implement to address the identified 
deficiencies. We interviewed staff from SBA's Office of Credit Risk 
Management on their oversight of 7(a) lenders and the SBA contractor 
that performs the on-site reviews on steps taken during on-site reviews 
to assess compliance with the credit elsewhere requirement and personal 
resources test. 

We conducted our work in Atlanta, Georgia; Chicago, Illinois; Houston, 
Texas; Los Angeles, California; New York City, New York; San Francisco, 
California; and Washington, D.C., between February 2008 and February 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix III: Implications of Imposing a More Prescriptive Credit 
Elsewhere Requirement: 

SBA could revise the implementing regulations and guidance for the 7(a) 
program to create a more prescriptive credit elsewhere requirement. For 
example, SBA could establish some general guidelines describing 
quantitative thresholds or ranges for cash flow and credit score that 
lenders could consider when making 7(a) loans.[Footnote 40] The agency 
could require lenders who made loans to borrowers who fell outside of 
the recommended ranges to document the reasons for their decisions. 
Further, additional guidelines could help lenders determine when it was 
acceptable to cite reasons associated with the lending institution 
itself to substantiate that a borrower could not obtain credit 
elsewhere. In such a scenario, some of these reasons might apply only 
to certain institutions. For example, only nondepository institutions, 
such as small business lending companies (SBLC), might be allowed to 
cite as a reason for extending 7(a) credit the need to sell the 
guaranteed portion of the loan on the secondary market. 

A more prescriptive credit elsewhere requirement would address some of 
the challenges with the requirement as it is currently written. For 
example, as previously discussed, a broad requirement allows lenders to 
make case-by-base decisions about the types of borrowers that cannot 
obtain credit elsewhere. Because different lenders have different 
lending policies, the types of borrowers they serve under the program 
also differ. The absence of well-defined eligibility criteria makes it 
difficult for SBA to determine whether borrowers receiving 7(a) loans 
actually could not obtain conventional credit. In addition, these 
variations in lending policies and the types of borrowers served make 
it challenging for SBA to collect relevant information for evaluations 
of how well the 7(a) program is serving its intended mission. In a July 
2007 report on the 7(a) program, we highlighted the need for SBA to 
improve upon its current efforts to collect and evaluate performance 
data for the 7(a) program.[Footnote 41] According to SBA, it is in the 
process of developing additional performance measures. 

A more prescriptive standard could be beneficial in light of proposals 
that, if enacted, would reduce fees for borrowers and temporarily 
change the program from a zero subsidy program to a positive subsidy 
program.[Footnote 42] Such proposals have been made for reasons such as 
expanding credit for small businesses during the current economic 
downturn. According to SBA and lenders interviewed as part of an Urban 
Institute report, the higher fees currently associated with the 7(a) 
program act as a credit-rationing mechanism.[Footnote 43] They 
explained that the higher fees deter borrowers who could obtain credit 
elsewhere from participating in the program, as the fees associated 
with conventional loans are significantly lower. However, if the fees 
associated with the program were lowered or eliminated, the impact of 
this rationing mechanism would be reduced. With the reduction of fees, 
a more prescriptive credit elsewhere requirement that clearly outlines 
which businesses are eligible for the 7(a) program could help to 
minimize incentives for lenders to make loans to borrowers that have 
access to credit elsewhere. 

However, the increased burden on lenders resulting from a more 
prescriptive credit elsewhere requirement could limit their 
participation in the program and, as a result, decrease small 
businesses' access to credit. In addition, a more prescriptive standard 
could arbitrarily exclude some borrowers from obtaining guaranteed 
credit but compel lenders to make loans to borrowers that they and the 
market did not deem creditworthy. Finally, restricting lenders' ability 
to cite their own reasons to substantiate that a borrower could not 
obtain conventional credit might limit access to credit in some 
communities, especially those with few lending institutions to supply 
credit or those that rely on SBLCs--nondepository institutions with 
delegated authority to make 7(a) loans. 

[End of section] 

Appendix IV: Comments from the Small Business Administration: 

U.S. Small Business Administration: 
Washington, DC 20416: 

February 3, 2009: 

Mr. William Shear: 
Director, Financial Markets and Community Investment Issues: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Mr. Shear: 

Thank you for the opportunity to comment on GAO's draft report---Small 
Business Administration: Additional Guidance on Documenting Credit 
Elsewhere Decisions Could Improve 7(a) Program Oversight. 

We are very pleased to see that, in the draft report, GAO concludes 
that our oversight efforts are making a difference and helping lenders 
better understand and comply with the U.S. Small Business 
Administration's (SBA) policies. 

SBA works to establish clear guidelines and standards that ensure 
documented lender compliance without creating overly burdensome 
paperwork. The Agency will work with its incoming Administrative 
leadership to use the findings presented by GAO to create more specific 
guidance for lenders around documenting compliance with credit 
elsewhere standards in a way that achieves this balance. 

If you have any questions, please contact Tiffani Cooper, GAO Liaison 
at (202) 205-6702. 

Sincerely, 

Signed by: [Illegible] 

for: Eric R. Zarnikow: 
Associate Administrator: 
Office of Capital Access: 

[End of section] 

Appendix V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

William B. Shear, (202) 512-8678 or shearw@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Paige Smith (Assistant 
Director), Benjamin Bolitzer, Tania Calhoun, Marcia Carlsen, Emily 
Chalmers, Janet Fong, Marc Molino, Carl Ramirez, Cory Roman, and 
Jennifer Schwartz made contributions to this report. 

[End of section] 

Footnotes: 

[1] In 1958, Congress withdrew the Small Business Act of 1953 and 
enacted the substantially similar Small Business Act of 1958. Pub. L. 
No. 85-536, 72 Stat. 384 (1958). Section 7(a) of the 1958 act, now 
codified at 15 U.S.C. § 636(a), provides the authority for the 7(a) 
program. 

[2] In this report, a loan without a federal guarantee is called a 
conventional loan, conventional credit, or a loan obtained from a 
conventional lender. 

[3] See appendix I for a discussion of 7(a) lending during the current 
credit crisis. 

[4] Reasonable terms and conditions are to be determined by the lender, 
taking into consideration "the prevailing rates and terms in the 
community in or near which the concern transacts business, or the 
homeowner resides, for similar purposes and periods of time." 15 U.S.C. 
§ 632(h). 

[5] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[6] The Small Business Budget Reconciliation and Loan Consolidation/ 
Improvement Act of 1981, Pub. L. No. 97-35, title XIX, § 1902, 95 Stat. 
767 (1981). 

[7] Although SBA has limited legislative authority to make direct loans 
to borrowers unable to obtain loans from conventional lenders, SBA has 
not received any funding for these programs since fiscal year 1996. 

[8] In establishing size standards, SBA considers economic 
characteristics of the industry, including degree of competition, 
average firm size, start-up costs and entry barriers, and distribution 
of firms by size. It also considers growth trends, competition from 
other industries, and other factors that may distinguish small firms 
from other firms. SBA's size standards seek to ensure that a firm that 
meets a specific size standard is not dominant in its field of 
operation. 

[9] By signing the loan guarantee application, the lender is certifying 
that "without the participation of SBA to the extent applied for, we 
would not be willing to make this loan, and in our opinion the 
financial assistance applied for is not otherwise available on 
reasonable terms." 

[10] Prior to a reorganization in May 2007, the office was called the 
Office of Lender Oversight. 

[11] 15 U.S.C. § 636 (a)(1). 

[12] 13 C.F.R. § 120.101. Neither the statute nor the regulations 
specifically define "reasonable terms." 

[13] SOP 50-10 defines "unreasonable terms" as the following: (1) debt 
structured with a demand note or a balloon payment, (2) debt for which 
the payments exceed the borrower's ability to pay, (3) debt with an 
interest rate that is significantly above the market rate, (4) credit 
card debt, and (5) interest-only term debt (SBA does not consider 
interest-only lines of credit to have unreasonable terms). See SOP 50- 
10(5), Lender and Development Company Loan Programs (Aug. 1, 2008), 
127. SBA recently revised SOP 50-10, creating a new version 5 effective 
August 2008. 

[14] The legal lending limit for national banks is set forth at 12 
U.S.C. § 84. Legal lending limits are generally high--12 U.S.C. § 84(a) 
specifies that loans to one borrower generally cannot exceed 15 percent 
of the bank's capital and that lenders can make additional loans to a 
borrower totaling up to 10 percent of the bank's capital if those 
additional loans are fully secured by "readily marketable collateral." 
The legal lending limit also generally applies to Federal Deposit 
Insurance Corporation-insured thrift institutions. See 12 U.S.C. § 
1464(u). State law applies legal lending limits to state-regulated 
banks. Lenders are permitted to sell the guaranteed portion of 7(a) 
loans on the secondary market pursuant to 13 C.F.R. Part 120, Subpart 
F. SOP 50-10 also specifies two "unacceptable factors," or factors 
lenders cannot use to substantiate that a borrower could not obtain 
credit elsewhere: (1) to address compliance with the Community 
Reinvestment Act and (2) to refinance debt already on reasonable terms. 
The Community Reinvestment Act of 1977 (12 U.S.C. § § 2901 et seq.) was 
designed to encourage community banks and savings associations to meet 
the needs of borrowers in all segments of their communities, including 
low-and moderate-income neighborhoods, and was intended to reduce 
discriminatory credit practices against such neighborhoods. 

[15] See the Urban Institute, An Analysis of the Factors Lenders Use to 
Ensure Their SBA Borrowers Meet the Credit Elsewhere Requirement, Final 
Report (Washington, D.C.: January 2008). Appendix II contains a 
technical assessment of this study. 

[16] According to SBA guidance, "lenders must analyze each application 
in a commercially reasonable manner, consistent with prudent lending 
standards." See SOP 50-10(5), chapter 4, Credit Standards, Collateral, 
and Environmental Policies. 

[17] The Urban Institute described relationship underwriting as a 
process during which a lender works with a small business customer in 
order to provide the most appropriate types of financing, given the 
firm's expected cash flow from operations. 

[18] The sample of 18 lenders with whom we met was not statistically 
representative and not large enough to generalize to all lenders. Nor 
was the number of files we reviewed at each lender representative of 
all borrowers served by each individual lender. The files we reviewed 
generally were approved in calendar years 2007 and 2008. 

[19] The Urban Institute noted an additional common reason lenders 
cited to substantiate that borrowers could not obtain credit elsewhere: 
For real estate loans, the borrower did not have sufficient equity for 
the required down payment. 

[20] GAO, Small Business Administration: Additional Measures Needed to 
Assess 7(a) Loan Program's Performance, [hyperlink, 
http://www.gao.gov/products/GAO-07-769] (Washington, D.C.: July 13, 
2007). 

[21] SOP 50-10(5), 174. 

[22] [hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1]. 

[23] SOP 50-10(5) is consistent with, but generally does not elaborate 
upon, 13 C.F.R. § 120.101, which requires the lender to certify or 
otherwise show that the desired credit is not available elsewhere. 
Submission of an application to SBA by a lender constitutes 
certification by the lender that it has examined the availability of 
credit to the applicant, has based its certification upon that 
examination, and has substantiation in its file to support the 
certification. The SOP lists six factors that lenders can use to 
substantiate compliance with the credit elsewhere requirement. 

[24] SBA also conducts some on-site examinations of SBLCs with 
outstanding balances of less than $10 million. 

[25] The 504 loan program finances long-term fixed assets through a 
combination of public and private sector financing. The 504 loans are 
issued through a partnership with CDCs and private sector third-party 
lenders. CDCs are nonprofit corporations certified and regulated by SBA 
to package, process, close, and service 504 loans. SBA performs off- 
site monitoring of about 4,500 smaller 7(a) and 504 lenders, but this 
monitoring does not assess compliance with the credit elsewhere 
requirement. 

[26] According to SBA, it began performing on-site risk-based reviews 
of 7(a) lenders in fiscal year 2005 and implemented fee-based reviews 
in late fiscal year 2007. Over a 2-year period (fiscal years 2008 and 
2009), SBA plans to review all large 7(a) lenders, subject to available 
resources. 

[27] See SOP 51 00, On-Site Lender Reviews/Examinations (Sept. 28, 
2006). 

[28] As previously mentioned, the six factors are (1) the business 
needs a longer maturity than the lender's policy permits, (2) the 
requested loan exceeds either the lender's legal lending limit or 
policy limit regarding the amount that it can lend to a single 
customer, (3) the lender's liquidity depends upon selling the 
guaranteed portion of the loan on the secondary market, (4) the 
collateral does not meet the lender's policy requirements, (5) the 
lender's policy normally does not allow loans to new businesses or 
businesses in the applicant's industry, or (6) any other factors 
relating to the credit that, in the lender's opinion, cannot be 
overcome except for the guarantee. 

[29] The on-site review reports for 21 additional lenders identified 
citations related to the credit elsewhere requirement or personal 
resources test, but SBA determined that there were not enough citations 
to warrant a finding. 

[30] In late September 2008, SBA populated a database created to track 
the results of on-site reviews performed from fiscal year 2005 to the 
present. Because this database was developed at the end of our review, 
we did not include an assessment of it in this report. 

[31] A corrective action is a requirement placed upon a lender to 
implement, modify, alter, change, or cease a component of its SBA 
lending activity. 

[32] The loan-to-value ratio is the percentage of a property's value 
that is mortgaged. Higher loan-to-value ratios mean a higher risk for 
the lender. 

[33] SBA, Tightened Credit, Reduced Demand Push SBA Loan Volume Down in 
FY 2008; Agency Works with Banks to Jumpstart Small Business Lending 
(Oct. 30, 2008). 

[34] In fiscal year 2007, SBA started charging 7(a) lenders fees to 
cover the cost of on-site reviews. These fees are separate from the 
guarantee fee and annual servicing fees that lenders pay. 

[35] SBA, SBA Announces New Ways to Improve Small Business Access to 
Credit (Nov. 13, 2008). 

[36] This report cites findings from the Urban Institute, An Analysis 
of the Factors Lenders Use to Ensure Their SBA Borrowers Meet the 
Credit Elsewhere Requirement, Final Report (January 2008). In general, 
we found that the authors of the study followed a reasonable 
methodology in their interviews with 23 banks, given their objectives, 
and that the study could be cited with some caveats. Although the Urban 
Institute attempted to interview a cross section of lenders, it could 
not guarantee that the sample was representative of all lenders. 
Specifically, because only 23 of the 73 lenders agreed to interviews, 
this raises the possibility that the other lenders would have given 
different responses. 

[37] We received data from SBA's Loan Accounting System (LAS) on all 
lenders that made one or more SBA loans during fiscal years 2005-2007. 
We previously performed testing on SBA's LAS and found the system and 
data to be reliable. See [hyperlink, 
http://www.gao.gov/products/GAO-07-769], Small Business Administration: 
Additional Measures Needed to Assess 7(a) Loan Program's Performance 
(Washington, D.C.: July 13, 2007). In addition, we performed 
reliability testing on the data extraction we received from SBA, 
including testing the extraction for missing and incomplete data, and 
found the data to be reliable for purposes of selecting a sample of 
lenders to interview for this report. 

[38] We conducted a pilot test of our data collection instrument with 
one lender in Washington, D.C. We attempted to contact and schedule 
interviews and file reviews with three lenders in Chicago; however, 
only one lender responded to our request. 

[39] In only one case was the number of files requested not available. 
As a result, we reviewed fewer files at that lender than our 
methodology required. 

[40] A personal credit score is generated by a mathematical formula 
using information from a credit report. Personal credit scores can 
range from 300 to 850. Lenders we spoke to do not consider any 
variable, such as credit score or debt service coverage ratio (DSCR), 
in isolation when making lending decisions. In fact, low credit scores 
or DSCRs may be compensated for with more valuable collateral or 
management experience, for example. Guidelines outlining quantitative 
or other thresholds would have to be flexible enough so as not to 
require lenders to make lending decisions based on one variable. 

[41] [hyperlink, http://www.gao.gov/products/GAO-07-769]. 

[42] In fiscal year 2005, the 7(a) program became a zero subsidy 
program, which means it is entirely funded by user fees and does not 
receive an annual appropriation for new loan guarantees. However, the 
conference report accompanying the bill to eliminate program subsidies 
agreed to revisit the decision in the event of an economic downturn. 
See Conf. Rep. No. 108-792, Making Appropriations for Foreign 
Operations, Export Financing, and Related Programs for the Fiscal Year 
Ending September 30, 2004, and for Other Purposes (Nov. 20, 2004) 
(accompanying H.R. 4818, 108th Cong., 2nd Sess.) at 843. Introduced on 
February 7, 2008, the Small Business Lending Stimulus Act of 2008 (S. 
2612) proposed to reduce 7(a) loan fees and authorize appropriations to 
cover such fee reductions. Specifically, the bill proposed to reduce 
fees on loans of less than $150,000 from 2 percent to 1 percent, on 
loans between $150,000 and $700,000 from 3 percent to 2.5 percent, and 
on loans of over $700,000 from 3.5 percent to 3 percent. Introduced on 
November 19, 2008, the 10 Steps for a Main Street Economic Recovery Act 
of 2008 (S. 3705) contained a provision that would temporarily reduce 
fees to defray the costs of borrowing for small businesses owners and 
SBA lenders. If enacted, the bill would reduce fees for the 7(a) 
program. 

[43] See the Urban Institute, An Analysis of the Factors Lenders Use to 
Ensure Their SBA Borrowers Meet the Credit Elsewhere Requirement, Final 
Report (January 2008). 

[End of section] 

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