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504 Program Risk Oversight Act

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Crpt 119Hrpt404
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Crpt 119Hrpt404

Summary

House Report 119–404, submitted December 12, 2025 by Representative Williams of Texas from the Committee on Small Business to accompany H.R. 5788, the 504 Program Risk Oversight Act. The Committee reports the bill favorably without amendment and records that it was ordered reported on November 18, 2025 by a roll call vote of 27 ayes to 0 nos. The report describes the bill as requiring the Small Business Administration to conduct an annual risk analysis of the 504 loan portfolio and report to Congress, published no later than 7 days after submission, and it reprints a new section 511 listing eleven required analyses. It states that a Congressional Budget Office cost estimate was requested but not received. Minority views report Fiscal Year 2024 lending of $31.1 billion across 70,242 loans in the 7(a) program and $6.6 billion in the 504/CDC program.

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                                                                                  119TH CONGRESS                                                                                           REPORT
                                                                                                 " HOUSE OF REPRESENTATIVES                                                        !
                                                                                     1st Session                                                                                           119–404




                                                                                                          504 PROGRAM RISK OVERSIGHT ACT


                                                                                  DECEMBER 12, 2025.—Committed to the Committee of the Whole House on the State
                                                                                                     of the Union and ordered to be printed



                                                                                       Mr. WILLIAMS of Texas, from the Committee on Small Business,
                                                                                                         submitted the following


                                                                                                                                  R E P O R T
                                                                                                                                     together with

                                                                                                                               MINORITY VIEWS

                                                                                                                              [To accompany H.R. 5788]

                                                                                     The Committee on Small Business, to whom was referred the bill
                                                                                  (H.R. 5788) to amend title V of the Small Business Investment Act
                                                                                  of 1958 to require an annual portfolio risk analysis of loans guaran-
                                                                                  teed under such title, and for other purposes, having considered the
                                                                                  same, reports favorably thereon without amendment and rec-
                                                                                  ommends that the bill do pass.
                                                                                                                                         CONTENTS
                                                                                                                                                                                                             Page
                                                                                       I. Purpose and Bill Summary ........................................................................                    2
                                                                                      II. Need for Legislation ....................................................................................            2
                                                                                     III. Hearings .......................................................................................................     2
                                                                                     IV. Committee Consideration ...........................................................................                   2
                                                                                      V. Committee Votes .........................................................................................             2
                                                                                     VI. Section-by-Section of H.R. 5788 .................................................................                     4
                                                                                    VII. Congressional Budget Office Cost Estimate .............................................                               4
                                                                                   VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                     4
                                                                                     IX. Oversight Findings & Recommendations ..................................................                               4
                                                                                      X. Performance Goals and Objectives ............................................................                         5
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 5
                                                                                    XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
                                                                                            Benefits .....................................................................................................     5
                                                                                   XIII. Federal Mandates Statement .....................................................................                      5
                                                                                    XIV. Federal Advisory Committee Statement ...................................................                              5
                                                                                     XV. Applicability to Legislative Branch ...........................................................                       5
                                                                                    XVI. Statement of Constitutional Authority ......................................................                          5




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                                                                                   XVII. Changes in Existing Law Made by the Bill, as Reported ........................                                        5
                                                                                  XVIII. Minority Views ............................................................................................           8
                                                                                        69–006




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                                                                                                               I. PURPOSE AND BILL SUMMARY
                                                                                     On October 17, 2025, Representative Tran, along with Represent-
                                                                                  ative Patronis, introduced H.R. 5788, the 504 Program Risk Over-
                                                                                  sight Act. H.R. 5788 requires the U.S. Small Business Administra-
                                                                                  tion (SBA) to conduct annual risk assessments of the 504 loan port-
                                                                                  folio and provide comprehensive reports to Congress.
                                                                                                                 II. NEED FOR LEGISLATION
                                                                                    The SBA’s Office of Capital Access (OCA) administers SBA’s
                                                                                  guaranteed lending programs, including the 7(a) loan, the 504 loan,
                                                                                  and the Microloan programs.
                                                                                    The 504 loan program provides long-term, fixed-rate financing of
                                                                                  up to $5.5 million for the acquisition of fixed assets such as land,
                                                                                  buildings, and heavy machinery.1 The SBA’s 504 loans are avail-
                                                                                  able through Certified Development Companies (CDCs), commu-
                                                                                  nity-based nonprofit partners who promote economic development
                                                                                  within their communities.2 This bill would require the SBA to con-
                                                                                  duct annual risk assessments of the 504 loan portfolio and provide
                                                                                  comprehensive reports to Congress. These reports would be made
                                                                                  available to the public within seven days of submission to Con-
                                                                                  gress.
                                                                                    While the SBA already provides Congress with a program risk
                                                                                  analysis of the 7(a) lending program, extending this requirement to
                                                                                  the 504 program would enhance transparency and offer valuable
                                                                                  insight into the health and risks of the program. Greater visibility
                                                                                  into the program helps mitigate risks, support informed policy-
                                                                                  making, and strengthen the long-term sustainability of the pro-
                                                                                  gram.
                                                                                                                           III. HEARINGS
                                                                                    On September 16, 2025, the Committee on Small Business held
                                                                                  a hearing examining matters related to H.R. 5788 entitled ‘‘Path-
                                                                                  way to Capital: The Role of SBA Lending in Supporting Main
                                                                                  Street America.’’
                                                                                                               IV. COMMITTEE CONSIDERATION
                                                                                    The Committee on Small Business met in open session, with a
                                                                                  quorum being present, on November 18, 2025, and ordered H.R.
                                                                                  5788, to be reported favorably to the House of Representatives by
                                                                                  a roll call vote of 27 ayes to 0 nos.
                                                                                                                     V. COMMITTEE VOTES
                                                                                     Clause 3(b) of rule XIII of the Rules of the House of Representa-
                                                                                  tives requires the Committee to list the recorded votes on the mo-
                                                                                  tion to report legislation and amendments thereto. The Committee
                                                                                  voted to favorably report H.R. 5788 to the House of Representatives
                                                                                  at 11:42 AM.




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                                                                                     1 504 Loans, U.S. SMALL BUS. ADMIN., https://www.sba.gov/funding-programs/loans/504-loans

                                                                                  (last visited Nov. 14, 2025).
                                                                                     2 Id.




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                                                                                                         VI. SECTION-BY-SECTION OF H.R. 5788
                                                                                  Section 1—Short title
                                                                                    This bill may be cited as the ‘‘504 Program Risk Oversight Act.’’
                                                                                  Section 2—Portfolio risk analysis of loan guaranteed under the 504
                                                                                       program
                                                                                     This section requires the SBA Administrator to submit an annual
                                                                                  report to Congress providing a risk analysis of the SBA’s 504 loan
                                                                                  program. The report must be made publicly available no later than
                                                                                  7 days after it is submitted to Congress.
                                                                                     The report must include: an overall program risk analysis; risk
                                                                                  analysis by industry concentration; risk analysis of CDCs respon-
                                                                                  sible for greater than one percent of the total 504 loans; risk anal-
                                                                                  ysis of loans for limited or special purpose properties; steps taken
                                                                                  by the SBA to mitigate identified risks; statistics on the number of
                                                                                  development companies and loan amounts; purchase and charge-off
                                                                                  statistics; and a description of the number and type of enforcement
                                                                                  actions taken against a CDC by the SBA, including civil penalties,
                                                                                  if any.
                                                                                              VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                                                                                    Pursuant to 3(c)(3) of rule XIII of the Rules of the House of Rep-
                                                                                  resentatives, the Committee adopts as its own the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-
                                                                                  ant to section 402 of the Congressional Budget Act of 1974. At the
                                                                                  time this report was filed, the Committee has requested but not re-
                                                                                  ceived a cost estimate from the Director of the Congressional Budg-
                                                                                  et Office.
                                                                                          VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
                                                                                                         AND TAX EXPENDITURES

                                                                                     Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
                                                                                  of Representatives and section 308(a)(I) of the Congressional Budg-
                                                                                  et Act of 1974, the Committee provides the following opinion and
                                                                                  estimate with respect to new budget authority, entitlement author-
                                                                                  ity, and tax expenditures. While the Committee has not received an
                                                                                  estimate of new budget authority contained in the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-
                                                                                  ant to section 402 of the Congressional Budget Act of 1974, the
                                                                                  Committee does not believe that there will be any new or increased
                                                                                  costs attributable to this legislation.
                                                                                                    IX. OVERSIGHT FINDINGS & RECOMMENDATIONS
                                                                                    In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
                                                                                  of rule X of the Rules of the House of Representatives, the over-
                                                                                  sight findings and recommendations of the Committee on Small
                                                                                  Business with respect to the subject matter contained in H.R. 5788
                                                                                  are incorporated into the descriptive portions of this report.




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                                                                                                        X. PERFORMANCE GOALS AND OBJECTIVES
                                                                                     With respect to the requirements of clause 3(c)(4) of rule XIII of
                                                                                  the Rules of the House of Representatives, the goal of H.R. 5788
                                                                                  is to improve transparency of the 504 loan program.
                                                                                            XI. STATEMENT OF DUPLICATION OF FEDERAL PROGRAMS
                                                                                    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
                                                                                  of Representatives, no provision of H.R. 5788 is known to be dupli-
                                                                                  cative of another Federal program, including any program that was
                                                                                  included in a report to Congress pursuant to section 21 of Public
                                                                                  Law 111–139 or the most recent Catalog of Federal Domestic As-
                                                                                  sistance.
                                                                                           XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS,
                                                                                                      AND LIMITED TARIFF BENEFITS

                                                                                    With respect to clause 9 of rule XXI of the Rules of the House
                                                                                  of Representatives, the Committee finds that the bill does not con-
                                                                                  tain any congressional earmarks, limited tax benefits, or limited
                                                                                  tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
                                                                                  the Rules of the House of Representatives.
                                                                                                          XIII. FEDERAL MANDATES STATEMENT
                                                                                     The Committee will adopt as its own the estimate of the Federal
                                                                                  mandates prepared by the Director of the Congressional Budget Of-
                                                                                  fice pursuant to section 423 of the Unfunded Mandates Reform Act.
                                                                                                    XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
                                                                                    No advisory committees within the meaning of section 5(b) of the
                                                                                  Federal Advisory Committee Act were created by this legislation.
                                                                                                      XV. APPLICABILITY TO LEGISLATIVE BRANCH
                                                                                    The Committee finds that the legislation does not relate to the
                                                                                  terms and conditions of employment or access to public services or
                                                                                  accommodations within the meaning of section 102(b)(3) of the Con-
                                                                                  gressional Accountability Act.
                                                                                                    XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
                                                                                     Pursuant to clause 7 of Rule XII of the Rules of the House, the
                                                                                  Committee finds that the authority for this legislation in Art. I, § 8,
                                                                                  cl.1 of the Constitution of the United States.
                                                                                   XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                    In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                                  House of Representatives, changes in existing law made by the bill,
                                                                                  as reported, are shown as follows (existing law proposed to be omit-
                                                                                  ted is enclosed in black brackets, new matter is printed in italics,
                                                                                  and existing law in which no change is proposed is shown in
                                                                                  roman):




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                                                                                        CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                    In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                                  House of Representatives, changes in existing law made by the bill,
                                                                                  as reported, are shown as follows (new matter is printed in italics
                                                                                  and existing law in which no change is proposed is shown in
                                                                                  roman):

                                                                                              SMALL BUSINESS INVESTMENT ACT OF 1958

                                                                                              *           *            *              *           *          *           *
                                                                                       TITLE V—LOANS TO STATE AND LOCAL DEVELOPMENT
                                                                                                         COMPANIES
                                                                                              *           *            *              *           *          *           *
                                                                                  SEC. 511. PORTFOLIO RISK ANALYSIS.
                                                                                    (a) IN GENERAL.—The Administrator           shall annually conduct a
                                                                                  risk analysis of the portfolio of the Administration with respect to
                                                                                  all loans guaranteed under this title.
                                                                                     (b) REPORT TO CONGRESS.—Not later than December 1, 2025, and
                                                                                  annually thereafter, the Administrator shall submit to Congress a
                                                                                  report containing the results of each portfolio risk analysis con-
                                                                                  ducted under subsection (a) during the fiscal year preceding the
                                                                                  submission of the report, which shall include—
                                                                                          (1) an analysis of the overall program risk of loans guaran-
                                                                                       teed under this title;
                                                                                          (2) an analysis of the program risk, set forth separately by in-
                                                                                       dustry concentration;
                                                                                          (3) without identifying individual development companies by
                                                                                       name, a consolidated analysis of the risk created by develop-
                                                                                       ment companies making loans under this title that are respon-
                                                                                       sible for not less than 1 percent of gross loan approvals under
                                                                                       this title, set forth separately by—
                                                                                               (A) the dollar value of the loans made by such develop-
                                                                                            ment companies;
                                                                                               (B) the number of loans made by such development com-
                                                                                            panies; and
                                                                                               (C) an analysis of the program risk for such loans with
                                                                                            a dollar value—
                                                                                                    (i) less than or equal to $500,000;
                                                                                                    (ii) greater than $500,000 and less than or equal to
                                                                                                 $1,000,000;
                                                                                                    (iii) greater than $1,000,000 and less than or equal
                                                                                                 to $2,000,000; and
                                                                                                    (iv) greater than $2,000,000 and less than or equal
                                                                                                 to $5,500,000;
                                                                                          (4) an analysis of the program risk for loan guarantees made
                                                                                       under this title for loans that were originated—
                                                                                               (A) less than one year before the date of submission of the
                                                                                            report;
                                                                                               (B) at least one year, but not more than two years before




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                                                                                            such date; and
                                                                                               (C) more than two years before such date;




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                                                                                          (5) an analysis of the program risk for loan guarantees made
                                                                                        under this title for loans that were originated—
                                                                                                (A) to a borrower that uses such loan to open a business;
                                                                                                (B) to a borrower not described in subparagraph (A) that
                                                                                             is a business concern that has been in operation for less
                                                                                             than or equal to two years before the date of origination;
                                                                                             and
                                                                                                (C) to a borrower that is a business concern that has been
                                                                                             in operation for more than two years on the date of origina-
                                                                                             tion;
                                                                                          (6) an analysis of the program risk for loan guarantees made
                                                                                        under this title for loans that were originated for limited or spe-
                                                                                        cial purpose properties;
                                                                                          (7) steps taken by the Administrator to mitigate the risks
                                                                                        identified in paragraphs (1), (2), (3), (4), (5), and (6);
                                                                                          (8) the number of development companies, the number of
                                                                                        loans made, and the gross dollar amount of the loans made
                                                                                        under this title;
                                                                                          (9) the number and total dollar amount of purchases by the
                                                                                        Administrator of the principal and interest of loans guaranteed
                                                                                        under this title that are in default, the total dollar amount of
                                                                                        collections recovered on such purchases, and the number and
                                                                                        total dollar amount of charge-offs for such purchases;
                                                                                          (10) the number and type of enforcement actions with respect
                                                                                        to a loan made by a development company under this title rec-
                                                                                        ommended by the Administrator; and
                                                                                          (11) the number and dollar amount of any civil monetary
                                                                                        penalty assessed pursuant to an enforcement action described in
                                                                                        paragraph (10).
                                                                                     (c) AVAILABILITY OF REPORT.—The Administrator shall make
                                                                                  available to the public on a website of the Administration the report
                                                                                  required under subsection (b) not later than 7 days after the Admin-
                                                                                  istrator submits such report to Congress.
                                                                                     (d) LIMITED OR SPECIAL PURPOSE PROPERTY DEFINED.—In this
                                                                                  section, the term ‘‘limited or special purpose property’’ has the mean-
                                                                                  ing given by the Administrator in the guidance titled ‘‘Lender and
                                                                                  Development Company Loan Programs’’ (SOP 50 10 8; as in effect
                                                                                  on June 1, 2025).
                                                                                              *           *            *              *           *          *           *




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                                                                                                                 XVIII. MINORITY VIEWS
                                                                                     The Small Business Administration (SBA) administers multiple
                                                                                  loan guarantee programs that provide affordable financing to
                                                                                  America’s small businesses, including the flagship 7(a) program
                                                                                  and the 504/Certified Development Company (CDC) program. The
                                                                                  7(a) program provides loans to small businesses that cannot obtain
                                                                                  financing on reasonable terms and conditions in the conventional
                                                                                  markets; 7(a) loans can be used for working capital, refinancing,
                                                                                  business debt, or purchasing equipment and supplies. In Fiscal
                                                                                  Year 2024 (FY2024), the 7(a) program supported $31.1 billion in
                                                                                  lending across 70,242 individual loans.1 The 504/CDC program is
                                                                                  administered through nonprofit CDCs and provides long-term fixed
                                                                                  rate financing for major fixed assets. In FY2024, the 504/CDC pro-
                                                                                  gram supported $6.6 billion in lending across approximately 6,000
                                                                                  loans.2 Both the 7(a) and 504/CDC programs are intended to be
                                                                                  zero-subsidy, meaning that the cost of administering the programs
                                                                                  should be covered by the fees that the SBA receives for processing
                                                                                  guarantees.
                                                                                     Federal law requires SBA’s Office of Credit Risk Management
                                                                                  (OCRM) to conduct an annual portfolio risk analysis of the 7(a)
                                                                                  program and provide Congress with a detailed report containing
                                                                                  the results.3 The report provides detailed information on the 7(a)
                                                                                  program’s overall risk, the program’s risk set forth by industry con-
                                                                                  centration, the risk created by individual lenders responsible for
                                                                                  not less than 1 percent of the gross loan approvals, the steps taken
                                                                                  by OCRM to mitigate risk, statistics on the loans made, the num-
                                                                                  ber and dollar amount of losses, the enforcement actions rec-
                                                                                  ommended by OCRM, the enforcement actions approved by the
                                                                                  Lender Oversight Committee, and the number and amount of civil
                                                                                  penalties assessed.4 The most recent 7(a) Risk Analysis Report,
                                                                                  provided by the SBA under the Biden-Harris Administration in De-
                                                                                  cember 2024, has given the Committee valuable insights into the
                                                                                  operation and function of the 7(a) program and the risk posed by
                                                                                  rising defaults, particularly in the manufacturing sector.5
                                                                                     Unfortunately, a similar statutory requirement does not exist for
                                                                                  the 504/CDC program. While a rising level of loan defaults in the
                                                                                  504/CDC program does not currently seem to be a concern, and
                                                                                  publicly available information does seem to demonstrate respon-
                                                                                  sible operation of the program,6 without requiring the SBA to con-
                                                                                  duct an annual portfolio risk analysis and providing the results of
                                                                                    1 U.S. SMALL BUSINESS ADMINISTRATION. 7(a) & 504 Lender Report, Fiscal Year 2025. (Last
                                                                                  Accessed: September 2, 2025).
                                                                                    2 Id.
                                                                                    3 15 U.S.C. § 657t(h).
                                                                                    4 Id.
                                                                                    5 U.S. SMALL BUS. ADMIN., FY 2024 7(A) PROGRAM RISK ANALYSIS. (Dec. 1, 2024).
                                                                                    6 U.S. SMALL BUS. ADMIN. Small Business Administration Loan Program Performance. (Last
                                                                                  Updated: September 15, 2025). (Last Accessed: September 18, 2025).




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                                                                                  that analysis in a detailed report, Congress lacks important infor-
                                                                                  mation about the operation of the 504/CDC program.
                                                                                    The 504 Program Risk Oversight Act would provide Congress
                                                                                  with the information it needs in order to fulfill its oversight respon-
                                                                                  sibility by creating a federal statutory requirement for the SBA to
                                                                                  conduct an annual risk analysis of the 504/CDC program and pro-
                                                                                  vide the results of that analysis to Congress, similar to that re-
                                                                                  quired of the 7(a) program. In addition, this bill would require that
                                                                                  the 504/CDC risk analysis and report assess loans originated under
                                                                                  the program for limited or special use properties, as defined by the
                                                                                  SBA in guidance titled ‘‘Lender and Development Company Loan
                                                                                  Programs’’.7 The National Association of Development Companies
                                                                                  (NADCO) supports the bill.
                                                                                                                           NYDIA M. VELÁZQUEZ,
                                                                                                                                     Ranking Member.

                                                                                                                                      Æ




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                                                                                    7 U.S. Small Business Administration SOP 50.10.8: Lender and Development Company Loan
                                                                                  Programs. (June 1, 2025), (Pg. 140).




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