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Main Street Parity Act

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Congressional materials
Document type
Crpt 119Hrpt406
Case
Crpt 119Hrpt406

Summary

House Report 119–406 of the 119th Congress, submitted December 12, 2025 by Mr. WILLIAMS of Texas from the Committee on Small Business to accompany H.R. 5763, the Main Street Parity Act, together with minority views. The committee reports the bill favorably without amendment. The report states H.R. 5763 removes an additional five percent equity requirement for limited or single purpose properties under the SBA 504 loan program, citing charge-off rates for such properties. It records a hearing on September 16, 2025 and a roll call vote of 27 ayes to 0 nos on November 18, 2025, and sets out the section-by-section analysis and changes to section 502 of the Small Business Investment Act of 1958. The minority views, signed by Ranking Member Nydia M. Velázquez, support eliminating the special purpose equity requirement.

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Full text

                                                                                  119TH CONGRESS                                                                                           REPORT
                                                                                                 " HOUSE OF REPRESENTATIVES                                                        !
                                                                                     1st Session                                                                                           119–406




                                                                                                                     MAIN STREET PARITY 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. 5763]

                                                                                    The Committee on Small Business, to whom was referred the bill
                                                                                  (H.R. 5763) to amend the Small Business Investment Act of 1958
                                                                                  to modify the criteria for loans for plant acquisition, construction,
                                                                                  conversion or expansion, 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. 5763 .................................................................                     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 ............................................................                         4
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 4
                                                                                    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 ............................................................................................          11
                                                                                        69–006




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                                                                                                               I. PURPOSE AND BILL SUMMARY
                                                                                    On October 14, 2025, Chairman Williams, along with Represent-
                                                                                  ative Simon, introduced H.R. 5763, the Main Street Parity Act.
                                                                                  H.R. 5763 removes an additional five percent equity requirement
                                                                                  for limited or single purpose properties under the Small Business
                                                                                  Administration’s (SBA) 504 loan program.
                                                                                                                 II. NEED FOR LEGISLATION
                                                                                     The SBA 504 loan program provides long-term, fixed-rate financ-
                                                                                  ing of up to $5.5 million for acquiring fixed assets such as land,
                                                                                  buildings, and heavy machinery. Under the 504 loan program,
                                                                                  small business owners are typically required to contribute at least
                                                                                  ten percent of the total project cost. However, for properties classi-
                                                                                  fied as ‘‘limited or single purpose,’’ such as dairy farms, bowling
                                                                                  alleys, or nursing homes, an additional five percent of the total
                                                                                  project cost is required for the project. This imposes an added fi-
                                                                                  nancial burden on entrepreneurs because of the labeling of their
                                                                                  property.
                                                                                     This additional percentage requirement was introduced nearly 30
                                                                                  years ago based on the assumption that limited or single-purpose
                                                                                  properties pose a greater financial risk to the loan program—data
                                                                                  from the past 15 years disputes that assumption. Charge-off rates
                                                                                  for these special-purpose properties perform comparatively to, or
                                                                                  better than, the overall 504 loan program.
                                                                                     Some industries, such as bowling alleys and hospitals, even have
                                                                                  a zero percent charge-off rate, outperforming the 504 loan program
                                                                                  average charge-off rate of 0.5 percent. The additional five percent
                                                                                  equity requirement punishes small business owners with these lim-
                                                                                  ited or single purpose properties.
                                                                                     This bill brings parity to all industries in the 504 loan program
                                                                                  by eliminating the additional five percent equity requirement for
                                                                                  limited or single-purpose properties. H.R. 5763 will ensure that
                                                                                  small business owners are treated equally and not penalized based
                                                                                  on outdated assumptions.
                                                                                                                           III. HEARINGS
                                                                                    On September 16, 2025, the Committee on Small Business held
                                                                                  a hearing examining matters related to H.R. 5763 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.
                                                                                  5763 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




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                                                                                  voted to favorably report H.R. 5763 to the House of Representatives
                                                                                  at 11:41 AM.




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                                                                                                                                                                               Insert offset folio 5 here HR406.001


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                                                                                                         VI. SECTION-BY-SECTION OF H.R. 5763
                                                                                  Section 1—Short title
                                                                                    This Act may be cited as the ‘‘Main Street Parity Act.’’
                                                                                  Section 2—Modification to criteria for loans for plant acquisition,
                                                                                      construction, conversion or expansion
                                                                                    This section removes the statutory requirement that limited-pur-
                                                                                  pose property builders must provide an additional five percent eq-
                                                                                  uity to obtain an SBA loan under the 504 loan program.
                                                                                              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. 5763
                                                                                  are incorporated into the descriptive portions of this report.
                                                                                                       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. 5763
                                                                                  is to bring parity to all industries under the SBA’s 504 loan pro-
                                                                                  gram.
                                                                                            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. 5763 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




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                                                                                  Law 111–139 or the most recent Catalog of Federal Domestic As-
                                                                                  sistance.




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                                                                                           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):
                                                                                        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):

                                                                                              SMALL BUSINESS INVESTMENT ACT OF 1958

                                                                                              *            *            *              *           *          *           *
                                                                                       TITLE V—LOANS TO STATE AND LOCAL DEVELOPMENT
                                                                                                         COMPANIES




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                                                                                              *            *            *              *           *          *           *




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                                                                                       LOANS FOR PLANT ACQUISITION, CONSTRUCTION, CONVERSION, AND
                                                                                                               EXPANSION

                                                                                     SEC. 502. The Administration may, in addition to its authority
                                                                                  under section 501, make loans for plant acquisition, construction,
                                                                                  conversion or expansion, including the acquisition of land, to State
                                                                                  and local development companies, and such loans may be made or
                                                                                  effected either directly or in cooperation with banks or other lend-
                                                                                  ing institutions through agreements to participate on an immediate
                                                                                  or deferred basis: Provided, however, That the foregoing powers
                                                                                  shall be subject to the following restrictions and limitations:
                                                                                         (1) USE OF PROCEEDS.—The proceeds of any such loan shall
                                                                                       be used solely by the borrower to assist 1 or more identifiable
                                                                                       small business concerns and for a sound business purpose ap-
                                                                                       proved by the Administration.
                                                                                         (2) MAXIMUM AMOUNT.—
                                                                                              (A) IN GENERAL.—Loans made by the Administration
                                                                                           under this section shall be limited to—
                                                                                                  (i) $5,000,000 for each small business concern if the
                                                                                                loan proceeds will not be directed toward a goal or
                                                                                                project described in clause (ii), (iii), (iv), or (v);
                                                                                                  (ii) $5,000,000 for each small business concern if the
                                                                                                loan proceeds will be directed toward 1 or more of the
                                                                                                public policy goals described under section 501(d)(3);
                                                                                                  (iii) $5,500,000 for each project of a small manufac-
                                                                                                turer;
                                                                                                  (iv) $5,500,000 for each project that reduces the bor-
                                                                                                rower’s energy consumption by at least 10 percent;
                                                                                                and
                                                                                                  (v) $5,500,000 for each project that generates renew-
                                                                                                able energy or renewable fuels, such as biodiesel or
                                                                                                ethanol production.
                                                                                              (B) DEFINITION.—As used in this paragraph, the term
                                                                                           ‘‘small manufacturer’’ means a small business concern—
                                                                                                  (i) the primary business of which is classified in sec-
                                                                                                tor 31, 32, or 33 of the North American Industrial
                                                                                                Classification System; and
                                                                                                  (ii) all of the production facilities of which are lo-
                                                                                                cated in the United States.
                                                                                         (3) CRITERIA FOR ASSISTANCE.—
                                                                                              (A) IN GENERAL.—Any development company assisted
                                                                                           under this section or section 503 of this title must meet
                                                                                           the criteria established by the Administration, including
                                                                                           the extent of participation to be required or amount of
                                                                                           paid-in capital to be used in each instance as is deter-
                                                                                           mined to be reasonable by the Administration.
                                                                                              (B) COMMUNITY INJECTION FUNDS.—
                                                                                                  (i) SOURCES OF FUNDS.—Community injection funds
                                                                                                may be derived, in whole or in part, from—
                                                                                                        (I) State or local governments;
                                                                                                        (II) banks or other financial institutions;




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                                                                                                        (III) foundations or other not-for-profit institu-
                                                                                                     tions; or




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                                                                                                             (IV) the small business concern (or its owners,
                                                                                                          stockholders, or affiliates) receiving assistance
                                                                                                          through a body authorized by this title.
                                                                                                       (ii) FUNDING FROM INSTITUTIONS.—Not less than 50
                                                                                                    percent of the total cost of any project financed pursu-
                                                                                                    ant to øclauses (i), (ii), or (iii) of subparagraph (C)¿
                                                                                                    clause (i) of subparagraph (C) shall come from the in-
                                                                                                    stitutions described in subclauses (I), (II), and (III) of
                                                                                                    clause (i).
                                                                                                  (C) FUNDING FROM A SMALL BUSINESS CONCERN.—The
                                                                                               small business concern (or its owners, stockholders, or af-
                                                                                               filiates) receiving assistance through a body authorized by
                                                                                               this title shall provide—
                                                                                                       (i) at least 15 percent of the total cost of the project
                                                                                                    financed, if the small business concern has been in op-
                                                                                                    eration for a period of 2 years or less; or
                                                                                                       ø(ii) at least 15 percent of the total cost of the
                                                                                                    project financed if the project involves the construction
                                                                                                    of a limited or single purpose building or structure;
                                                                                                       ø(iii) at least 20 percent of the total cost of the
                                                                                                    project financed if the project involves both of the con-
                                                                                                    ditions set forth in clauses (i) and (ii); or¿
                                                                                                       ø(iv)¿ (ii) at least 10 percent of the total cost of the
                                                                                                    project financed, in all other circumstances, at the dis-
                                                                                                    cretion of the development company.
                                                                                                  (D) SELLER FINANCING.—Seller-provided financing may
                                                                                               be used to meet the requirements of subparagraph (B), if
                                                                                               the seller subordinates the interest of the seller in the
                                                                                               property to the debenture guaranteed by the Administra-
                                                                                               tion.
                                                                                                  (E) COLLATERALIZATION.—
                                                                                                       (i) IN GENERAL.—The collateral provided by the
                                                                                                    small business concern shall generally include a subor-
                                                                                                    dinate lien position on the property being financed
                                                                                                    under this title, and is only 1 of the factors to be eval-
                                                                                                    uated in the credit determination. Additional collateral
                                                                                                    shall be required only if the Administration deter-
                                                                                                    mines, on a case-by-case basis, that additional security
                                                                                                    is necessary to protect the interest of the Government.
                                                                                                       (ii) APPRAISALS.—
                                                                                                             (I) IN GENERAL.—With respect to commercial
                                                                                                          real property provided by the small business con-
                                                                                                          cern as collateral, an appraisal of the property by
                                                                                                          a State licensed or certified appraiser—
                                                                                                                  (aa) shall be required by the Administration
                                                                                                                before disbursement of the loan if the esti-
                                                                                                                mated value of that property is more than the
                                                                                                                Federal banking regulator appraisal thresh-
                                                                                                                old; or
                                                                                                                  (bb) may be required by the Administration
                                                                                                                or the lender before disbursement of the loan
                                                                                                                if the estimated value of that property is




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                                                                                                                equal to or less than the Federal banking reg-
                                                                                                                ulator appraisal threshold, and such appraisal




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                                                                                                               is necessary for appropriate evaluation of
                                                                                                               creditworthiness.
                                                                                                            (II) FEDERAL BANKING REGULATOR APPRAISAL
                                                                                                         THRESHOLD DEFINED.—For purposes of this clause,
                                                                                                         the term ‘‘Federal banking regulator appraisal
                                                                                                         threshold’’ means the lesser of the threshold
                                                                                                         amounts set by the Board of Governors of the Fed-
                                                                                                         eral Reserve System, the Comptroller of the Cur-
                                                                                                         rency, and the Federal Deposit Insurance Cor-
                                                                                                         poration for when a federally related transaction
                                                                                                         that is a commercial real estate transaction re-
                                                                                                         quires an appraisal prepared by a State licensed
                                                                                                         or certified appraiser.
                                                                                            (4) If the project is to construct a new facility, up to 33 per
                                                                                         centum of the total project may be leased, if reasonable projec-
                                                                                         tions of growth demonstrate that the assisted small business
                                                                                         concern will need additional space within three years and will
                                                                                         fully utilize such additional space within ten years.
                                                                                            (5) LIMITATION ON LEASING.—In addition to any portion of
                                                                                         the project permitted to be leased under paragraph (4), not to
                                                                                         exceed 20 percent of the project may be leased by the assisted
                                                                                         small business to 1 or more other tenants, if the assisted small
                                                                                         business occupies permanently and uses not less than a total
                                                                                         of 60 percent of the space in the project after the execution of
                                                                                         any leases authorized under this section.
                                                                                            (6) OWNERSHIP REQUIREMENTS.—Ownership requirements to
                                                                                         determine the eligibility of a small business concern that ap-
                                                                                         plies for assistance under any credit program under this title
                                                                                         shall be determined without regard to any ownership interest
                                                                                         of a spouse arising solely from the application of the commu-
                                                                                         nity property laws of a State for purposes of determining mar-
                                                                                         ital interests.
                                                                                            (7) PERMISSIBLE DEBT REFINANCING.—
                                                                                                 (A) IN GENERAL.—Any financing approved under this
                                                                                              title may include a limited amount of debt refinancing.
                                                                                                 (B) EXPANSIONS.—If the project involves expansion of a
                                                                                              small business concern, any amount of existing indebted-
                                                                                              ness that does not exceed 100 percent of the project cost
                                                                                              of the expansion may be refinanced and added to the ex-
                                                                                              pansion cost, if—
                                                                                                      (i) the proceeds of the indebtedness were used to ac-
                                                                                                   quire land, including a building situated thereon, to
                                                                                                   construct a building thereon, or to purchase equip-
                                                                                                   ment;
                                                                                                      (ii) the existing indebtedness is collateralized by
                                                                                                   fixed assets;
                                                                                                      (iii) the existing indebtedness was incurred for the
                                                                                                   benefit of the small business concern;
                                                                                                      (iv) the financing under this title will be used only
                                                                                                   for refinancing existing indebtedness or costs relating
                                                                                                   to the project financed under this title;
                                                                                                      (v) the financing under this title will provide a sub-
                                                                                                   stantial benefit to the borrower when prepayment pen-




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                                                                                                   alties, financing fees, and other financing costs are ac-
                                                                                                   counted for;




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                                                                                                        (vi) the borrower has been current on all payments
                                                                                                      due on the existing debt for not less than 1 year pre-
                                                                                                      ceding the date of refinancing; and
                                                                                                        (vii) the financing under section 504 will provide
                                                                                                      better terms or rate of interest than the existing in-
                                                                                                      debtedness at the time of refinancing.
                                                                                                    (C) REFINANCING NOT INVOLVING EXPANSIONS.—
                                                                                                        (i) DEFINITIONS.—In this subparagraph—
                                                                                                              (I) the term ‘‘borrower’’ means a small business
                                                                                                           concern that submits an application to a develop-
                                                                                                           ment company for financing under this subpara-
                                                                                                           graph;
                                                                                                              (II) the term ‘‘eligible fixed asset’’ means tan-
                                                                                                           gible property relating to which the Administrator
                                                                                                           may provide financing under this section; and
                                                                                                              (III) the term ‘‘qualified debt’’ means indebted-
                                                                                                           ness—
                                                                                                                   (aa) that was incurred not less than 6
                                                                                                                 months before the date of the application for
                                                                                                                 assistance under this subparagraph;
                                                                                                                   (bb) that is a commercial loan;
                                                                                                                   (cc) the proceeds of which were used to ac-
                                                                                                                 quire an eligible fixed asset;
                                                                                                                   (dd) that was incurred for the benefit of the
                                                                                                                 small business concern; and
                                                                                                                   (ee) that is collateralized by eligible fixed
                                                                                                                 assets.
                                                                                                        (ii) AUTHORITY.—A project that does not involve the
                                                                                                      expansion of a small business concern may include the
                                                                                                      refinancing of qualified debt if—
                                                                                                              (I) the amount of the financing is not more than
                                                                                                           90 percent of the value of the collateral for the fi-
                                                                                                           nancing, except that, if the appraised value of the
                                                                                                           eligible fixed assets serving as collateral for the fi-
                                                                                                           nancing is less than the amount equal to 125 per-
                                                                                                           cent of the amount of the financing, the borrower
                                                                                                           may provide additional cash or other collateral to
                                                                                                           eliminate any deficiency;
                                                                                                              (II) the borrower has been in operation for all of
                                                                                                           the 2-year period ending on the date the loan ap-
                                                                                                           plication is submitted; and
                                                                                                              (III) for a financing for which the Administrator
                                                                                                           determines there will be an additional cost attrib-
                                                                                                           utable to the refinancing of the qualified debt, the
                                                                                                           borrower agrees to pay a fee in an amount equal
                                                                                                           to the anticipated additional cost.
                                                                                                        (iii) FINANCING FOR BUSINESS EXPENSES.—
                                                                                                              (I) FINANCING FOR BUSINESS EXPENSES.—The
                                                                                                           Administrator may provide financing to a bor-
                                                                                                           rower that receives financing that includes a refi-
                                                                                                           nancing of qualified debt under clause (ii), in addi-




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                                                                                                           tion to the refinancing under clause (ii), to be used
                                                                                                           solely for the payment of business expenses.




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                                                                                                              (II) APPLICATION FOR FINANCING.—An applica-
                                                                                                           tion for financing under subclause (I) shall in-
                                                                                                           clude—
                                                                                                                   (aa) a specific description of the expenses
                                                                                                                 for which the additional financing is re-
                                                                                                                 quested; and
                                                                                                                   (bb) an itemization of the amount of each
                                                                                                                 expense.
                                                                                                              (III) CONDITION ON ADDITIONAL FINANCING.—A
                                                                                                           borrower may not use any part of the financing
                                                                                                           under this clause for non-business purposes.
                                                                                                        (iv) LOANS BASED ON JOBS.—
                                                                                                              (I) JOB CREATION AND RETENTION GOALS.—
                                                                                                                   (aa) IN GENERAL.—The Administrator may
                                                                                                                 provide financing under this subparagraph for
                                                                                                                 a borrower that meets the job creation goals
                                                                                                                 under subsection (d) or (e) of section 501.
                                                                                                                   (bb) ALTERNATE JOB RETENTION GOAL.—The
                                                                                                                 Administrator may provide financing under
                                                                                                                 this subparagraph to a borrower that does not
                                                                                                                 meet the goals described in item (aa) in an
                                                                                                                 amount that is not more than the product ob-
                                                                                                                 tained by multiplying the number of employ-
                                                                                                                 ees of the borrower by $75,000.
                                                                                                              (II) NUMBER OF EMPLOYEES.—For purposes of
                                                                                                           subclause (I), the number of employees of a bor-
                                                                                                           rower is equal to the sum of—
                                                                                                                   (aa) the number of full-time employees of
                                                                                                                 the borrower on the date on which the bor-
                                                                                                                 rower applies for a loan under this subpara-
                                                                                                                 graph; and
                                                                                                                   (bb) the product obtained by multiplying—
                                                                                                                        (AA) the number of part-time employ-
                                                                                                                      ees of the borrower on the date on which
                                                                                                                      the borrower applies for a loan under this
                                                                                                                      subparagraph, by
                                                                                                                        (BB) the quotient obtained by dividing
                                                                                                                      the average number of hours each part
                                                                                                                      time employee of the borrower works each
                                                                                                                      week by 40.
                                                                                                        (v) TOTAL AMOUNT OF LOANS.—The Administrator
                                                                                                      may provide not more than a total of $7,500,000,000
                                                                                                      of financing under this subparagraph for each fiscal
                                                                                                      year.
                                                                                              *           *            *              *            *          *           *




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                                                                                                                 XVIII. MINORITY VIEWS
                                                                                     One of the primary responsibilities of the Small Business Admin-
                                                                                  istration (SBA) is to ensure that small businesses have access to
                                                                                  capital to grow and scale their respective operations. The SBA ad-
                                                                                  ministers multiple loan guaranty programs, including the 504/Cer-
                                                                                  tified Development Company (CDC) program, to provide affordable
                                                                                  access to capital to lead these small firms. The 504/CDC program
                                                                                  supports businesses in accessing long-term financing for major
                                                                                  fixed assets like land, buildings, equipment, and machinery. For
                                                                                  standard 504/CDC loans, a third-party lender provides at least 50
                                                                                  percent of the financing, the Certified Development Company—
                                                                                  guaranteed by the SBA—provides a maximum of 40 percent, and
                                                                                  the small business borrower provides at least 10 percent. In Fiscal
                                                                                  Year 2024, the 504/CDC program approved 5,994 loans totaling
                                                                                  $6.6 billion,1 and the program contributed to the creation and re-
                                                                                  tention of 64,206 jobs.2
                                                                                     As part of the program, the 504/CDC program provides access to
                                                                                  financing for the construction of limited or single purpose buildings
                                                                                  or structures, better known as ‘‘special purpose properties.’’ The
                                                                                  SBA defines ‘‘special purpose properties’’ as limited-market prop-
                                                                                  erties with a unique physical design, comprised of special construc-
                                                                                  tion materials, or have a layout that restricts its utility to the spe-
                                                                                  cific use for which it was built.3 Examples of special purpose prop-
                                                                                  erties include, but are not limited to, amusement parks, bowling al-
                                                                                  lies, car washes, marinas, and cemeteries. Currently, borrowers
                                                                                  looking to develop a ‘‘special purpose property’’ with financing
                                                                                  through the 504/CDC program are required to provide at least 15
                                                                                  percent 4 or in some cases at least 20 percent of the total cost,5 in-
                                                                                  stead of the at least 10 percent as required in standard 504/CDC
                                                                                  projects.
                                                                                     In 1996, when the special purpose property designation was de-
                                                                                  veloped, the limited function of these buildings or properties also
                                                                                  limited their adaptability to other uses if they were ever to be sold
                                                                                  by the borrower. Congress viewed the limited use nature of these
                                                                                  properties as potentially reducing the universe of possible buyers
                                                                                  and thereby associating a heightened level of risk with these prop-
                                                                                  erties.
                                                                                     Yet almost thirty years have passed since Congress increased the
                                                                                  equity requirement for these properties and the technological im-
                                                                                  provements and enhancements in building construction and reha-
                                                                                  bilitation have increased the adaptability and utility of these prop-
                                                                                     1 U.S. Small Business Administration. 7(a) & 504 Summary Report. (Last Accessed: September
                                                                                  24, 2025).
                                                                                     2 National Association of Development Companies. 504 Loan Impact Across America. (Pg. 7).
                                                                                     3 Small Bus. Admin. SOP 50.10.8: Lender and Development Company Loan Programs. (June
                                                                                  1, 2025), (Pg. 140).
                                                                                     4 15 U.S.C. § 696(3)(C)(ii).
                                                                                     5 15 U.S.C. § 696(3)(C)(iii).




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                                                                                                                                      12

                                                                                  erties. Moreover the 10-year charge off rate for 504/CDC loans for
                                                                                  designated ‘‘special purpose properties’’ (0.5 percent) 6 is com-
                                                                                  parable to the 10-year charge of rates for standard 504/CDC loans
                                                                                  (0.41 percent),7 demonstrating that ‘‘special purpose properties’’
                                                                                  pose no greater risk to the 504/CDC loan portfolio and the zero-
                                                                                  subsidy requirement than standard 504/CDC loans.
                                                                                    The additional equity required of small business borrowers own-
                                                                                  ing and operating ‘‘special purpose properties’’ can, in many in-
                                                                                  stances, be excessively burdensome and act as a significant barrier
                                                                                  to accessing 504/CDC financing. Therefore, in order to ease this
                                                                                  burden, it has become appropriate to lower the equity requirement
                                                                                  for financing the purchase and development of these properties.
                                                                                  Eliminating the special purpose penalty would reduce the burden
                                                                                  that these businesses face when accessing capital, treat them sub-
                                                                                  stantially similar to standard 504/CDC financed properties, and
                                                                                  allow these businesses to operate more efficiently.
                                                                                                                         NYDIA M. VELÁZQUEZ,
                                                                                                                                   Ranking Member.

                                                                                                                                      Æ




                                                                                   6 NADCO. Special Use Property Charge Off Rates by NAICS Code. (2025). On File with House
                                                                                  Small Business Committee, Minority Staff. Available for Review Upon Request.




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                                                                                   7 Small Bus. Admin. Small Business Administration Loan Program Performance, Table 9—
                                                                                  Charge Off Rate as a Percent of Unpaid Principal Balance. (Last accessed: Sept. 24, 2025).




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