This bill repeals the requirement for financial institutions to collect and report specific data on small business loans to reduce compliance costs and improve small business access to credit.
Roger Williams
Representative
TX-25
The 1071 Repeal to Protect Small Business Lending Act aims to eliminate the mandatory data collection and reporting requirements for small business loans previously established under Section 704B of the Equal Credit Opportunity Act. Proponents argue that these regulations impose unnecessary compliance costs on lenders, potentially hindering small business access to credit. This bill repeals those specific reporting mandates to reduce regulatory burdens on financial institutions.
This bill, officially titled the “1071 Repeal to Protect Small Business Lending Act,” is straightforward: it completely eliminates the requirement for banks and other financial institutions to collect and report detailed data on small business loan applications. This rule, known as Section 704B of the Equal Credit Opportunity Act (or Section 1071 of the Dodd-Frank Act), was designed to monitor lending practices. The bill’s core purpose, as stated in Section 2, is to slash compliance costs for lenders, thereby supposedly making it easier for small businesses to get the credit they need.
For the financial industry, this bill is a huge win for efficiency. The findings in Section 2 argue that the costs associated with collecting and submitting this data—which includes details about the business owner’s gender, race, and ethnicity—have been a major burden, especially for smaller community banks and credit unions. By repealing Section 704B outright (SEC. 3), the bill removes a significant chunk of regulatory overhead. For a small community bank, this means fewer hours spent on compliance forms and data management, which, in theory, frees up resources to process more loans or offer better terms.
If you own a small business, the bill suggests you should see better access to credit. The logic is simple: if lenders spend less money on compliance, they have more money and time to lend. Think of the local plumber or the neighborhood restaurant owner looking for a line of credit to upgrade equipment. If their lender’s costs drop, maybe the interest rate they’re offered is slightly better, or the loan approval process is quicker. This is the intended benefit: a smoother path to capital for Main Street.
Here’s where the analysis gets complicated. That detailed data the bill eliminates wasn't just bureaucracy; it was the primary tool used by regulators and advocates to spot potential discrimination in small business lending. This is the crucial trade-off: in exchange for reduced compliance costs, we lose transparency. Without the data mandated by the now-repealed Section 704B, it becomes significantly harder to tell if certain groups—say, minority or women-owned businesses—are being unfairly denied loans or offered worse terms than others. For an entrepreneur who has faced challenges securing funding, the loss of this oversight mechanism (SEC. 3) means that any potential bias in lending becomes much harder to detect and address. This loss of transparency is the real cost of the bill, shifting the burden of uncertainty away from lenders and onto historically underserved small business owners.