I 
117TH CONGRESS 
2D SESSION 
H. R. 7351 
To amend the Consumer Financial Protection Act of 2010 to provide for 
the supervision of nondepository persons offering or making small busi-
ness loans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2022 
Ms. VELA´ZQUEZ introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Consumer Financial Protection Act of 2010 
to provide for the supervision of nondepository persons 
offering or making small business loans, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Fair Lend-
ing to Small Businesses Act’’. 
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SEC. 2. SUPERVISION OF NONDEPOSITORY PERSONS OF-
FERING OR MAKING SMALL BUSINESS LOANS. 
(a) IN GENERAL.—The Consumer Financial Protec-
tion Act of 2010 (12 U.S.C. 5481 et seq.) is amended by 
inserting after section 1024 the following: 
‘‘SEC. 1024A. SUPERVISION OF NONDEPOSITORY PERSONS 
OFFERING OR MAKING SMALL BUSINESS 
LOANS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED NONDEPOSITORY LENDER.—The 
term ‘covered nondepository lender’ means a finan-
cial institution (as defined under section 704B(h) of 
the Equal Credit Opportunity Act (15 U.S.C. 
1691c–2(h))) that— 
‘‘(A) is not a depository institution or cred-
it union; and 
‘‘(B) is required to compile, maintain, and 
report information pursuant to section 704B of 
the Equal Credit Opportunity Act (15 U.S.C. 
1691c–2). 
‘‘(2) ECOA 
TERMS.—The terms ‘minority- 
owned business’, ‘women-owned business’, and ‘small 
business’ have the meaning given those terms, re-
spectively, under section 704B(h) of the Equal Cred-
it Opportunity Act (15 U.S.C. 1691c–2(h)). 
‘‘(b) SUPERVISION.— 
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‘‘(1) IN GENERAL.—The Bureau shall require 
reports and conduct examinations on a periodic basis 
of covered nondepository lenders for purposes of— 
‘‘(A) assessing compliance with the re-
quirements of the Equal Credit Opportunity 
Act (15 U.S.C. 1691 et seq.); 
‘‘(B) obtaining information about the ac-
tivities and compliance systems or procedures of 
the covered nondepository lender; and 
‘‘(C) detecting and assessing risks to mi-
nority-owned businesses, women-owned busi-
nesses, and small businesses and to markets for 
credit to such businesses. 
‘‘(2) RISK-BASED
SUPERVISION
PROGRAM.— 
The Bureau shall exercise its authority under para-
graph (1) in a manner designed to ensure that such 
exercise, with respect to covered nondepository lend-
ers, is based on the assessment by the Bureau of the 
risks posed to minority-owned businesses, women- 
owned businesses, and small businesses in the rel-
evant product markets and geographic markets, and 
taking into consideration, as applicable— 
‘‘(A) the asset size of the covered non-
depository lender; 
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