Section 1 Short title
This Act may be cited as the “Small Lenders Exempt from New Data and Excessive Reporting Act” or the “Small LENDER Act”.
Small Lenders Exempt from New Data and Excessive Reporting Act
A BILL
To amend the Equal Credit Opportunity Act to modify the requirements associated with small business loan data collection, and for other purposes.
Sec. 2 Small business loan data collection
Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2) is amended—
in subsection (g), by adding at the end the following:
“(4) Compliance
“(A) In general—With respect to any rules or guidance issued under this subsection on or after the date of the enactment of this paragraph, the Bureau shall provide a financial institution a 3-year period to comply with such rule or guidance, regardless of the date on which such financial institution began its operations.
“(B) Safe harbor—With respect to any rules or guidance issued under this subsection on or after the date of the enactment of this paragraph, beginning on the date after the last day of the 3-year period described in subparagraph (A), the Bureau shall provide a 2-year safe harbor to financial institutions during which each such financial institution is required to comply with the rule or guidance but not subject to any penalties for failure to comply.”
in subsection (h)—
by striking paragraph (1) and inserting the following:
“(1) Financial institution—The term financial institution means—
“(A) any partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity that engages in any financial activity; and
“(B) in each of the two calendar years preceding the first day of the safe harbor period described in subsection (g)(4)(B), originated not less than 500 credit transactions for small businesses.”
by striking paragraph (2) and inserting the following:
“(2) Small business—The term small business means any entity with gross annual revenues of $1,000,000 or less in the most recently completed fiscal year preceding the first day of the safe harbor period described in subsection (g)(4)(B).”