IIB 
116TH CONGRESS 
2D SESSION 
H. R. 8199 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 7, 2020 
Received; read twice and referred to the Committee on Small Business and 
Entrepreneurship 
AN ACT 
To amend the Small Business Act to enhance the Office 
of Credit Risk Management, to require the Administrator 
of the Small Business Administration to issue rules relat-
ing to environmental obligations of certified development 
companies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘504 Credit Risk Man-
agement Improvement Act of 2020’’. 
SEC. 2. ENHANCEMENTS TO THE OFFICE OF CREDIT RISK 
MANAGEMENT. 
Section 47 of the Small Business Act (15 U.S.C. 
657t) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) DUTIES.—The Office— 
‘‘(1) shall be responsible for— 
‘‘(A) supervising— 
‘‘(i) any lender making loans under 
section 7(a) (in this section referred to as 
a ‘7(a) lender’); 
‘‘(ii) any Lending Partner or Inter-
mediary participant of the Administration 
in a lending program of the Office of Cap-
ital Access of the Administration; 
‘‘(iii) any small business lending com-
pany or a non-Federally regulated lender 
without regard to the requirements of sec-
tion 23; and 
‘‘(iv) any certified development com-
pany described under the program estab-
lished under title V of the Small Business 
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Investment Act of 1958 (referred to in this 
section as a ‘certified development com-
pany’), as provided in subsection (k); and 
‘‘(B) conducting file reviews with respect 
to loan closings under the program established 
under title V of the Small Business Investment 
Act of 1958, as provided in subsection (j); and 
‘‘(2) may— 
‘‘(A) take formal and informal enforcement 
actions against a certified development com-
pany, as provided in subsection (l); and 
‘‘(B) charge a certified development com-
pany a fee, as provided in subsection (m).’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(j) LOAN CLOSING FILE REVIEWS.—With respect 
to a loan closing under the program established under title 
V of the Small Business Investment Act of 1958, the Of-
fice shall be responsible for the following: 
‘‘(1) Conducting a complete file review of a ran-
dom selection of all loan closings, the number, fre-
quency, and conduct of which shall be at the discre-
tion of the Office, to ensure program integrity, in-
cluding a review of the items listed on the Checklist 
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company to submit responses to the Adminis-
trator not later than 45 business days after the 
date on which the company receives the report. 
‘‘(l) ENFORCEMENT
AUTHORITY
AGAINST
CER-
TIFIED DEVELOPMENT COMPANIES.— 
‘‘(1) INFORMAL ENFORCEMENT AUTHORITY.— 
The Director may take an informal enforcement ac-
tion against a certified development company if the 
Director finds that the company has violated a stat-
utory or regulatory requirement or any requirement 
in a Standard Operating Procedures Manual or Pol-
icy Notice relating to a program or function of the 
Office of Capital Access. 
‘‘(2) FORMAL ENFORCEMENT AUTHORITY.— 
‘‘(A) IN GENERAL.—With the approval of 
the Lender Oversight Committee established 
under section 48, the Director may take a for-
mal enforcement action against any certified de-
velopment company if the Director finds that 
the company has violated— 
‘‘(i) a statutory or regulatory require-
ment, including a requirement relating to 
the necessary funds for making loans when 
those funds are not made available to the 
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company from private sources on reason-
able terms; or 
‘‘(ii) any requirement described in a 
Standard Operating Procedures Manual or 
Policy Notice relating to a program or 
function of the Office of Capital Access. 
‘‘(B) ENFORCEMENT ACTIONS.—The deci-
sion to take an enforcement action against a 
certified development company under subpara-
graph (A) shall be based on the severity or fre-
quency of the violation and may include assess-
ing a civil monetary penalty against the com-
pany in an amount that is not greater than 
$250,000. 
‘‘(3) FAILURE TO SUBMIT ANNUAL REPORT.— 
With respect to a certified development company 
that, as of the date that is 30 days after the date 
on which the company is required to submit any re-
port, fails to submit that report, the Director may— 
‘‘(A) suspend the company from partici-
pating in the program established under title V 
of the Small Business Investment Act of 1958 
for a period that is not longer than 30 days; or 
‘‘(B) impose a penalty on the company in 
an amount to be determined by the Director, 
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except that the amount of the penalty shall be 
not more than $10,000. 
‘‘(m) FEE AUTHORITY REGARDING CERTIFIED DE-
VELOPMENT COMPANIES.— 
‘‘(1) IN GENERAL.—Effective one year after the 
date of the enactment of this subsection, the Office 
may collect from each certified development com-
pany a fee, the amount of which— 
‘‘(A) shall be determined on a graduated 
scale according to the size of the portfolio of 
the certified development company with respect 
to the program carried out under title V of the 
Small Business Investment Act of 1958; and 
‘‘(B) shall not exceed the amount that is 1 
basis point with respect to the value of the 
portfolio described in subparagraph (A). 
‘‘(2) PAYMENT.—A certified development com-
pany on which a fee is imposed under paragraph (1) 
shall pay the fee from the servicing fees collected by 
the development company pursuant to regulation.’’. 
SEC. 3. RULES RELATING TO OBLIGATIONS OF CERTIFIED 
DEVELOPMENT COMPANIES UNDER THE NA-
TIONAL ENVIRONMENTAL POLICY ACT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of 
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the Small Business Administration shall issue rules to 
clarify the procedures necessary for an eligible certified 
development company to comply with the applicable re-
quirements under National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to modify the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
(c) ELIGIBLE CERTIFIED DEVELOPMENT COMPANY 
DEFINED.—In this section, the term ‘‘eligible certified de-
velopment company’’ means a certified development com-
pany defined under title V of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 695 et seq.) that receives 
assistance pursuant to such title. 
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
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vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives December 3, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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