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Referenced Laws
15 U.S.C. 1691c–2
Section 1
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.
Section 2
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: With respect to any rules or guidance issued under this subsection on or after the date of enactment of this paragraph, the Bureau shall provide a financial institution a 3-year period to comply with that rule or guidance, regardless of the date on which that financial institution began the operations of the financial institution. With respect to any rules or guidance issued under this subsection on or after the date of 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 shall be required to comply with the rule or guidance but shall not be subject to any penalties for failure to comply. in subsection (h)— by striking paragraph (1) and inserting the following: The term financial institution means any partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity that— engages in any financial activity; and in each of the 2 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: The term small business means any entity with gross annual revenues of not more than $1,000,000 in the most recently completed fiscal year preceding the first day of the safe harbor period described in subsection (g)(4)(B). (4)Compliance(A)In generalWith respect to any rules or guidance issued under this subsection on or after the date of enactment of this paragraph, the Bureau shall provide a financial institution a 3-year period to comply with that rule or guidance, regardless of the date on which that financial institution began the operations of the financial institution.(B)Safe harborWith respect to any rules or guidance issued under this subsection on or after the date of 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 shall be required to comply with the rule or guidance but shall not be subject to any penalties for failure to comply.; and (1)Financial institutionThe term financial institution means any partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity that— (A)engages in any financial activity; and(B)in each of the 2 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.; and (2)Small businessThe term small business means any entity with gross annual revenues of not more than $1,000,000 in the most recently completed fiscal year preceding the first day of the safe harbor period described in subsection (g)(4)(B)..