[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] TRANSPARENCY IN SMALL BUSINESS LENDING ======================================================================= HEARING before the COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS SECOND SESSION __________ HEARING HELD SEPTEMBER 9, 2020 __________ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Small Business Committee Document Number 116-090 Available via the GPO Website: www.govinfo.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 41-344 WASHINGTON : 2021 HOUSE COMMITTEE ON SMALL BUSINESS NYDIA VELAZQUEZ, New York, Chairwoman ABBY FINKENAUER, Iowa JARED GOLDEN, Maine ANDY KIM, New Jersey JASON CROW, Colorado SHARICE DAVIDS, Kansas KWEISI MFUME, Maryland JUDY CHU, California DWIGHT EVANS, Pennsylvania BRAD SCHNEIDER, Illinois ADRIANO ESPAILLAT, New York ANTONIO DELGADO, New York CHRISSY HOULAHAN, Pennsylvania ANGIE CRAIG, Minnesota STEVE CHABOT, Ohio, Ranking Member AUMUA AMATA COLEMAN RADEWAGEN, American Samoa, Vice Ranking Member TROY BALDERSON, Ohio KEVIN HERN, Oklahoma JIM HAGEDORN, Minnesota PETE STAUBER, Minnesota TIM BURCHETT, Tennessee ROSS SPANO, Florida JOHN JOYCE, Pennsylvania DAN BISHOP, North Carolina Melissa Jung, Majority Staff Director Justin Pelletier, Majority Deputy Staff Director and Chief Counsel Kevin Fitzpatrick, Staff Director C O N T E N T S OPENING STATEMENTS Page Hon. Nydia Velazquez............................................. 1 Hon. Steve Chabot................................................ 3 WITNESSES Ms. Luz Urrutia, CEO, Opportunity Fund, San Jose, CA, testifying on behalf of the Responsible Business Lending Coalition........ 5 Ms. Yanki Tshering, Executive Director, Business Center for New Americans, New York, NY........................................ 7 Mr. Adam Levitin, Professor of Law, Georgetown University Law Center, Washington, DC......................................... 8 Mr. Michael Hiles, Founder and Chief Executive Officer, 10XTS, Cincinnati, OH................................................. 10 APPENDIX Prepared Statements: Ms. Luz Urrutia, CEO, Opportunity Fund, San Jose, CA, testifying on behalf of the Responsible Business Lending Coalition.................................................. 34 Ms. Yanki Tshering, Executive Director, Business Center for New Americans, New York, NY................................ 43 Mr. Adam Levitin, Professor of Law, Georgetown University Law Center, Washington, DC..................................... 49 Mr. Michael Hiles, Founder and Chief Executive Officer, 10XTS, Cincinnati, OH...................................... 60 Questions for the Record: None. Answers for the Record: None. Additional Material for the Record: Center for Monetary and Financial Alternatives............... 64 Statement by Johnathon Bush, Not Just Cookies, Chicago, Illinois................................................... 69 Statement by the Responsible Business Lending Coalition...... 71 TRANSPARENCY IN SMALL BUSINESS LENDING ---------- WEDNESDAY, SEPTEMBER 9, 2020 House of Representatives, Committee on Small Business, Washington, DC. The Committee met, pursuant to call, at 1:00 p.m., via Webex, Hon. Nydia M. Velazquez [chairwoman of the Committee] presiding. Present: Representatives Velazquez, Finkenauer, Kim, Davids, Mfume, Chu, Evans, Schneider, Delgado, Houlahan, Craig, Chabot, Radewagen, Balderson, Hern, Stauber, Burchett, Spano, and Bishop. Chairwoman VELAZQUEZ. Good afternoon. I call this hearing to order. Without objection, the Chair is authorized to declare a recess at any time. I want to thank you for joining us this afternoon for this official remote hearing. I want to make sure to note some important requirements. Let me begin by saying that standing House and Committee rules and practice will continue to apply during remote proceedings. All members are reminded that they are expected to adhere to these standing rules, including decorum. With that said, during the covered period as designated by the Speaker, the Committee will operate in accordance with House Resolution 965, and the subsequent guidance from the Rules Committee in a manner that respects the rights of all members to participate. House regulations require members to be visible through a video connection throughout the proceeding, so please keep your cameras on. Also, if you have to participate in another proceeding, please exit this one and log back in later. In the event a member encounters technical issues that prevent them from being recognized for their questioning, I will move to the next available member of the same party, and will recognize that member at the next appropriate time slot, provided they have returned to the proceeding. If a witness loses connectivity during testimony or questioning, I will preserve their time as staff address the technical issue. I may need to recess the proceedings to provide time for the witness to reconnect. Finally, remember to remain muted until you are recognized to minimize background noise. With that, let's jump in. Affordable capital fuels new start-ups and helps existing businesses expand into new markets and grow their customer base. And we know that when capital is accessible on fair terms, small businesses can do what they do best, strengthen our communities and fuel our economy. However, predatory lending practices and lack of oversight can put many small businesses out of business. Last summer, our Committee examined the use of confessions of judgement by predatory online lenders. That hearing highlighted how merchant cash advance companies and online lenders have been able to skirt state and federal laws, and include predatory loan terms on small business owners. That hearing crystallized my belief that there needs to be more transparency, accountability, and oversight, in the small business lending arena. We all know that the internet and technology has changed our lives for the better, allowing consumers and businesses to buy virtually any product online, access healthcare, and even educate our children. That also is true for how we manage our finances. I am sure that everyone participating today has recently gone online to pay a bill, get a home mortgage quote, or sent money to a friend or family member. Small businesses, many of whom the large traditional money center banks do not serve, has turned to the internet for capital to start a business or operate an existing one. Today's discussion is also extremely timely as economic uncertainty due to COVID-19 remains high. Access to credit for small firms may be even more challenging than usual. In this unique environment, online, or FinTech lending, has continued to grow, and remains an attractive option for small businesses seeking capital. For small business borrowers, the biggest advantage of FinTech is the ability to access capital after being denied a loan by a traditional lender. In many cases, FinTech lenders are able to meet the needed payroll, inventory, or overhead needs of a small business, and, in some cases, disburse funds in as little as 48 hours. FinTech lenders are also likelier to make small-dollar loans generally considered too small to be profitable by most banks, but which, predominantly, go to women and minority-owned small businesses. With minority owners being almost twice as likely to apply for a loan online versus a traditional lender, it is critical for them to be able to seek capital online, and be assured the terms are fair, transparent, and affordable. However, as this Committee has explored, there are also potential risks for small firms seeking capital online. Aside from confessions of judgment abuses, observers have noted a considerable lack of transparency in the underwriting process for many FinTech small business loans. It remains unclear whether lenders, or other actors, in the space are using certain information about applicants to discriminate. Furthermore, not all FinTech lenders disclose the cost of capital in a way that is clearly presented and easy to understand for all small business borrowers. An economy where small businesses are sometimes paying 200 or 300 percent interest rates to keep their business running is not an economy that is working for all. It is a result of a patchwork of state laws, a lack of a federal regulator, and no federal law preventing exorbitant interest rates. It has become clear to us, and this Committee, through examples we have seen in prior hearings and in our interactions with business owners in our own districts, that small business owners applying for loans online are just as vulnerable as anyone to deceptive practices and unfair terms and have a right to a full and fair disclosure of all terms just like consumers. Just because they do not have an army of financial and legal professionals, like big businesses, does not mean they should be left to fend for themselves when seeking credit. We all know that in order to maximize competition in a marketplace, all actors need to have as much and as accurate information as possible. The same applies in the market for small business loans if you are the borrower, you need as much and as accurate information about your loan options as possible in order to make the best decision for your business. That is why, earlier this summer, I introduced the Small Business Lending Disclosure and Broker Regulation Act, which will expand the Truth in Lending Act protections and disclosures, or TILA, that currently apply for consumers who also apply for small business loans. My bill will bring needed transparency to small business credit markets, ensuring entrepreneurs understand their obligations and rights when they sign up for a loan. I should point out that these efforts are already underway at the state level, with California enacting a similar bill into law 2 years ago, and another version recently passed the New York State legislature, and is awaiting approval by Governor Cuomo. It is long overdue that we take this fight for fairness on behalf of small businesses to the federal level. In this pandemic, entrepreneurs have faced, and will continue facing, some of the most difficult and uncertain economic conditions ever, and it is vital we ensure predatory lenders do not exploit this situation by enticing small businesses into unfair and unsustainable loans. Fortunately, some lenders already conduct the business of online lending in a responsible way, and are able to do it sustainably while making a positive impact on their communities. We will hear from one of those lenders soon. We will also hear from legal experts and advocates who will illustrate the impact of applying TILA to small business loans on minority communities, since small businesses usually represent one of the few wealth-building opportunities for people of color, and, in many cases, can serve as an official community center for the neighborhood. I look forward to today's discussion. Again, I want to thank the witnesses for joining us today, and now yield to the Ranking Member, Mr. Chabot, for his opening statement, and I will ask members to please mute their mics. Thank you. Mr. Chabot, you are now recognized. Mr. CHABOT. Thank you, Madam Chairwoman, for holding this important hearing on the impact of FinTech and online lending on the Nation's small businesses. As the current Ranking Member and former Chair of this Committee, I have had the pleasure to speak directly with small business owners for many years, both in my district and across the country. Whether it is talking to small business owners or their employees, their input is critical in determining best way to support our small businesses, which are the backbone, after all, of this Nation's economy. To say that America's small businesses have some of the hardest working people in the entire country would be an understatement. They rise early. They stay late to meet the challenges of their customers daily. They are also responsible for creating two out of every three new private-sector jobs in the country. To meet the needs and expectations of their customers and to grow and thrive, these small businesses require, as you mentioned, access to capital. Unfortunately, Main Street businesses continue to report that capital access is one of their greatest challenges. Moreover, the current COVID-19 crisis has exacerbated this problem for our Nation's job creators. And, of course, access to capital continues to be one of the top issues that this Committee tackles, and, fortunately, under your leadership and previously under mine, in a bipartisan manner, because we are, I think, the most bipartisan Committee in Congress, and that is why we get the most done. That is why today's hearing on FinTech and online lending is so important. As small businesses faced local and State shutdowns due to COVID-19, this Congress and President Trump unveiled the PPP, Paycheck Protection Program, to assist small businesses and their workers, for my State, Ohio, to your State, New York, to Florida, to Texas, to California, and all across the entire country. By utilizing private sector lenders, PPP was able to deliver financing quickly, and, for the most part, effectively. While there were only a limited number of FinTech companies participating in the program, [inaudible] delivered literally billions of dollars for America's small businesses. Given the FinTech's growing popularity, it is critically important for this Committee to examine their role moving forward. These companies are driving innovation within our financial ecosystem. They are utilizing data to make rapid lending decisions. Conversations on disclosure requirements are necessary to ensure transparency is appropriate, and to protect America's small businesses as well. So that is obviously something that we need to consider as we consider this important issue. I am looking forward to discussing all of these topics today, including how these types of lenders should operate within the confines of the SBA existing programs. Additionally, I am hopeful our conversations today help determine how FinTech and online lending is regulated, if that is going to occur, at the Federal level. We know that all the witnesses have busy schedules, so we appreciate them joining with us here today virtually. And with that, Chairwoman Velazquez, thank you for holding this hearing. And I yield back. Chairwoman VELAZQUEZ. Thank you, Mr. Chabot. I would like to take a moment to explain how this hearing will proceed. Each witness will have 5 minutes to provide a statement, and each Committee member will have 5 minutes for questions. Please ensure that your microphone is on when you begin speaking, and that you return to mute when finished. With that, I would like to thank our witnesses for taking time out of their busy schedules to join us. Our first witness is Ms. Luz Urrutia, CEO of Opportunity Fund, a CDFI and SBA lender based in San Jose, California. Opportunity Fund is one of the largest nonprofit lenders in the country and recently established a partnership with two large FinTech companies. Welcome, Ms. Urrutia. Our second witness is Ms. Yanki Tshering, Executive Director of the Business Center for New Americans, a CDFI and SBA micro lender serving New York City. Beyond helping underserved entrepreneurs access affordable capital, Ms. Tshering was also recently a key advocate in the efforts before the New York State legislature to advance true lending protections for businesses across the state. I particularly thank you, Ms. Tshering, for your advocacy on behalf of all New York entrepreneurs, and welcome you before us today. Our third witness is Professor Adam Levitin. Professor Levitin is the professor of law at the Georgetown University Law Center, with a focus on banking and finance law, bankruptcy law, and consumer protection. As an expert in this field, he has testified before Congress on numerous occasions, including last Congress before the Financial Services Committee on this issue. Welcome back to the Small Business Committee, Professor Levitin, and I look forward to hearing your views on the interplay between FinTech and small business lending. Finally, I would like to turn it over to the Ranking Member, Mr. Chabot, to introduce our last witness. Mr. CHABOT. Thank you, Madam Chair. Our final witness will be Michael Hiles. Mr. Hiles is the founder and Chief Executive Officer of 10XTS here in Cincinnati, Ohio. 10XTS is a software start-up company that is focused on blockchain technology and FinTech. Mr. Hiles has a long history of working within Cincinnati's technology sector. Prior to founding 10XTS, Mr. Hiles worked in the software development at Sabre Systems. He founded a web development company called Soft Links Interactive and worked at Proware. Mr. Hiles was also responsible for setting up the Cincinnati chapter of Founder Institute, which assists business through the incubator and accelerator models. Mr. Hiles, I want to thank you for taking time out of your busy schedule to be with us today. It was my honor to speak with you recently on another call, and we look forward to your testimony here this afternoon. And I yield back. Chairwoman VELAZQUEZ. Thank you, Mr. Chabot. Now I would like to begin by recognizing Ms. Urrutia for 5 minutes. Thank you, Ms. Urrutia. STATEMENTS OF LUZ URRUTIA, CEO, OPPORTUNITY FUND, TESTIFYING ON BEHALF OF THE RESPONSIBLE BUSINESS LENDING COALITION; YANKI TSHERING, EXECUTIVE DIRECTOR, BUSINESS CENTER FOR NEW AMERICANS; ADAM LEVITIN, PROFESSOR OF LAW, GEORGETOWN UNIVERSITY LAW CENTER; AND MICHAEL HILES, FOUNDER AND CHIEF EXECUTIVE OFFICER, 10XTS STATEMENT OF LUZ URRUTIA Ms. URRUTIA. Good afternoon, Chairwoman Velazquez, Ranking Member Chabot, and Committee members. My name is Luz Urrutia, and I am the CEO of Accion Opportunity Fund and Opportunity Fund. Opportunity Fund is a CDFI and the Nation's leading nonprofit small business lender. We believe small amounts of money, and the right financial advice can have lasting changes in peoples' lives, drive economic mobility and build stronger communities. Last year, we deployed $120 million in 3,200 loans mostly to minority immigrants and women-owned businesses. Accion Opportunity Fund is also a founding member of the Responsible Business Lending Coalition, a group of nonprofit and for- profits in the industry committed to transparency and innovation in small business lending. Before COVID-19, small businesses were already facing significant challenges, accessing responsible capital. Main Street financial institutions do not generally lend directly to underserved small businesses for a variety of reasons--tight credit boxes, small dollar amounts, lack of profitability, risky industries. But since the Great Recession, many banks left communities, and FinTechs and online lenders stepped in to fill the gap. There is no argument that these lenders have transformed the marketplace by speeding access to capital, and some of them, not all, being transparent and responsible. Unfortunately, it has also created many unprincipled lenders that are wreaking havoc across Main Street, charging exorbitant rates and providing products that lack proper disclosures and transparency. After COVID, we believe the lending landscape will be altered even further. Banks will tighten their credit boxes even more. Many FinTechs and merchant cash advances providers will retrench or fail due to their capital structures and portfolio losses. The result will be that underserved small businesses will have an even bigger challenge accessing capital. To meet this capital need, Accion Opportunity Fund believes that innovative partnerships with responsible FinTechs will be crucial. An example is Opportunity Fund's partnership with Lending Club, a one-of-a-kind partnership between a nonprofit CDFI, and a responsible, for-profit, publicly traded FinTech lender. Lending Club has the marketing reach and partnerships to provide an accessible digital experience for small businesses in need. Opportunity Fund combines its credit assessment tools and a high touch customer service model to provide small businesses with responsible credit and transparent rates. The partnerships provide capital and technical assistance to businesses whose needs may not be met, or might pay significantly more with other providers. More than 50 years ago, Congress enacted the Federal Truth in Lending Act to protect Americans from scrupulous lenders, making deceptive offers of credit. Unfortunately, we do not have those same protections for the Nation's small businesses. Opportunity Fund analyzed the data set of alternative loans held by small business owners who came to us hoping to refinance. We found that unregulated lenders were charging an average APR, annual percentage rate, of 94 percent with an average monthly loan payment nearly double the borrowers' net incomes. One loan was priced at an astounding 350 percent. These loans put many small business owners in a crushing cycle of debt. Take Deanna Irish, owner of Wine Tour Drivers, in Sacramento, California. Deanna took a $25,000 online loan that cost her $2,000 a month. She was able to refinance with Opportunity Fund cutting her payment to $900. Since then, she has been able to pay off her loan. These high rates are unfair and deceptive, often hidden under layers of misinformation. Federal research also finds that small businesses are often misled by disclosure quoting non-APR rates. The inability to compare prices on an apples-to-apples basis, and lack of transparency, stymies free market competition that could lower prices and spur financial services innovation. I want to thank the Chairwoman for introducing the Small Business Lending Disclosure and Broker Regulation Act of 2020, which will deliver much needed protections to small businesses. Research also shows it will bring over $3.8 billion in savings to nearly 800,000 small business annually, including hundreds of millions in savings for over 158,000 minority-owned small businesses. The legislation could not come at a better time, when many business owners are desperately seeking for ways to remain solvent. An uninformed business decision for a financing choice could be the difference between survival and failure. We applaud California and New York for passing legislation mandating transparency in small business lending, however, a State-by-State approach hampers innovation and increases costs for lenders. This national approach is much needed to provide clear and concise national regulations that protect all small businesses equally and allow responsible lenders to innovate and create quality products. I encourage all of our leaders in Congress to work together to pass the Small Business Lending Disclosure and Broker Regulation Act of 2020. Thank you. Chairwoman VELAZQUEZ. Thank you, Ms. Urrutia. Ms. Tshering, you are recognized for 5 minutes. STATEMENT OF YANKI TSHERING Ms. TSHERING. Thank you. Thank you, Chairwoman Velazquez, Ranking Member Chabot, and distinguished members of the Committee. Thank you for inviting me to speak with you today about the lack of transparency in small business lending, and the urgent need to provide entrepreneurs with the information they need to make informed decisions. My name is Yanki Tshering, and I am the executive director of the Business Center for New Americans, a treasury-certified Community Development Financial Institution and Small Business Administration micro lender and community advantaged lender based in New York City. In addition to my role leading BCNA, I have also served on the board of the New York State CDFI coalitions since 2015. BCNA was founded to help hard-working immigrants and refugees pursue the American dream. Over two decades, we have provided financial counseling and loans to help clients to start or grow a business, buy a home, or save for the future. BCNA serves exceptionally diverse clients. Our micro and small business clients range from the street vendor who comes in once a year to borrow $500 to fund his inventory of roses for Valentine's Day to the deli owner operating six grocery stores with 80 employees. Since we were founded, BCNA has made over $33 million in micro and small business loans, and provided training and advice to over 10,000 businesses. One of those businesses is Haute Knit whose owner, Vladimir Teriokhin, produces knitted garments for New York design houses. Vlad was initially thrilled when he was approved for a $35,000 loan from an alternative FinTech lender that he found online, but gradually realized to his horror that he was paying over 61 percent in annualized interest. When Vlad came to BCNA 3 years ago to ask us about a loan, part of which he would use to pay off that high interest loan, we were shocked to learn that he was also required to pay the full amount of interest and fees, even if he was able to prepay the loan, something he didn't understand when he signed off for the loan. We are happy to have been able to help him with financing that loan and many more for affordable terms that are transparent and fair. Unfortunately, now, more than ever, small businesses are suffering from a lack of access through responsible transparent credit. The Truth in Lending Act, originally passed in 1968, requires lenders to clarify, disclose their pricing, and terms for consumer loans, but does not apply to financing for commercial loans. This means that small business owners like Vladimir are left to face a Wild West of unregulated and increasingly complex financial products without any consistency in how the lenders explain, or present their products to borrowers. We regularly assist clients who have encountered alternative loan products, such as merchant cash advances that they did not understand at times with dire consequences. Larger, more established businesses are able to hire attorneys and accountants to translate confusing term sheets, but as members of the Committee know very well, the overwhelming majority of small and micro businesses don't have the funds for that level of legal assistance. This is why we are very happy to be here today in support of Chairwoman Velazquez's recently introduced Small Business Lending Disclosure and Broker Regulation Act, which will ensure that no small business is left behind and extend sensible disclosure protection to entrepreneurs nationwide. Thank you. Chairwoman VELAZQUEZ. Thank you, Ms. Tshering. Now we recognize Professor Levitin for 5 minutes. STATEMENT OF ADAM LEVITIN Mr. LEVITIN. Chairwoman Velazquez, Ranking Member Chabot, and members of the Committee, good afternoon. Thank you for inviting me to testify before you today. My name is Adam Levitin. I am a law professor at Georgetown University, where I teach courses in commercial law and financial regulation. For over 50 years, consumer credit has been governed by an extensive Federal regulatory regime of disclosure, substantive term regulation, and supervision of lenders. There is no equivalent regulatory regime for business loans. The lack of regulation of business lending is, in large part, because businesses are presumed to be more sophisticated entities than consumers, and, therefore, less needing of governmental protections. Yet, there is a considerable range of financial and legal sophistication among businesses and the reason that a borrower takes out a loan does not determine the borrower's ability to otherwise protect his or her interests. Small businesses, in fact, often resemble consumers in terms of limited information, sophistication, and market power in credit markets. Moreover, small business borrowing is often personally guaranteed by the small business's owner. The lack of regulation leaves small business vulnerable to abusive practices of the sort that were prohibited in consumer credit markets in the 1960s and 1970s. It makes sense to recognize that small businesses need many of the same sorts of protections as consumer borrowers to ensure that they can enjoy fair, efficient credit markets. And that is precisely what the Chairwoman's bill, a Small Business Lending Disclosure and Broker Regulation Act would do. Most importantly, the Chairwoman's bill would extend the centerpiece of Federal consumer credit regulation, the Truth in Lending Act, to small business loans. The Truth in Lending Act requires, among other things, the standardized disclosure of the cost of credit in the form of the finance charge and the annual percentage rate, or APR. That is an annualized measure of the finance charges as a percentage of the principal obligation. Standardization of credit cost disclosure is important, because it enables borrowers to more readily understand and compare various credit offers available on an apples-to-apples basis, so that the borrowers can make an informed decision about using credit. Informed use of credit is essential for ensuring robust price competition, which is the first line of consumer protection. Let me give you an example of what the world could look like without standardized credit cost disclosure. If I were to tell you that a loan cost 10 percent without telling you more, you could not tell if that meant 10 percent annually, 10 percent monthly, or 10 percent weekly; much less, if that 10 percent were compounded and with what frequency. That actually leads to very different effective interest rates. Without compounding, the 10 percent monthly figure would translate to 120 percent annually, and the weekly figure, to 520 percent annually. So the imprecision of stating 10 percent interest allows for abuses of consumers. Let me illustrate this with a story of small business from Sarasota, Florida called Homes by DeRamo. And this is the story experience with a predatory small business lender, called World Business Lenders, that operates in partnerships with various banks that rent out their banking charters to enable the nonbank lender to evade State laws. So the DeRamos got a loan from World Business Lenders through a small Wisconsin bank with two branches, called Bank of Lake Mills. It had no connection whatsoever with Florida. And the pricing of the DeRamos' loan was never disclosed as an annual percentage rate. Instead, it was disclosed in terms of a daily percentage rate, and that appeared as a 12-digit decimal figure of just over 0.33 percent. Annualized, however, that translates into 121 percent APR. That 121 percent APR figure never appeared anywhere in the DeRamos' loan documents, however. Moreover, even the daily percentage rate, was never prominently disclosed. It was buried in the midst of legalese. No interest rate whatsoever appeared on the summary term sheets for the loan. Instead, the only percentage figure that appeared was for 15 percent prepayment penalty and that is the figure that the DeRamos believed was the interest rate on the loan. So the Chairwoman's bill would address this sort of abuses that occurred with the DeRamos' loan, by requiring disclosure of credit cost in standardized terms. It would also prohibit the sort of gotcha-type of enormous prepayment penalties for same lender refinancing as the DeRamos experienced. And most importantly, I think, it would extend the scope of the Consumer Financial Protection Bureau's regulatory authority so that the CFPB can supervise the larger participants in the small business lending and use its power to prohibit unfair and deceptive acts of practices as a gap filler. I would urge the Committee to take up the Chairwoman's bill, which is an excellent point for bringing much needed protection to small business borrowers. Thank you. Chairwoman VELAZQUEZ. Thank you, Professor Levitin. Now we recognize the gentleman, Mr. Hiles, for 5 minutes. STATEMENT OF MICHAEL HILES Mr. HILES. Chairwoman Velazquez, Ranking Member Chabot, and members of the Committee, thank you for the invitation to testify at this hearing. My name is Michael Hiles, and I am the CEO of 10XTS, a Cincinnati-based FinTech/RegTech company building blockchain solutions for financial records. The SBA's admirable effort to rapidly mobilize financial stimulus through EIDL and PPP loans demonstrates how small business funding is clearly an essential lifeline to a thriving economy. When American small business is unable to access capital, single moms, immigrants, and regular ordinary people suffer. The SBA is historically partnered with banks as the origination and servicing agents for lending programs. While this approach has generally allowed the SBA to serve a wider market, the administration can only be as effective in delivering services and support as their partners. Therein lurks the problem faced by the SBA. The PPP program experienced significant delays in delivering financial relief to small businesses due to many banks' inability to adjust business operations in an agile fashion and fairly deliver funds in a diverse and inclusive ways. We directly experience these frustrations. Legacy banks are already in the throes of compressive disruption. They are not in a position to quickly respond to rapid, disruptive changes in the market. The resulting permanent branch closures and downsizing has been an alarm bell for many. In 2018, Gartner published a report indicating that by 2030, 80 percent of the traditional financial services firms will close, become commoditized, or exist formally, but will not compete effectively in the market. With so many consolidations, banks have struggled to merge redundant, legacy IT systems. The largest banks are a hodgepodge of too-big-to-fail technology strung together with little to no standardization. As a result, institutions are weighed down with inefficient fragmented processes. Our hypothesis at 10XTS is that a bevy of problems are mostly based on how information, records, documents, and data are stored, managed, shared within, and between other organizations and customers. Trusted information is still mostly another human vouching for the authenticity of documents and data. Facing increasing regulatory scrutiny, banks have been reluctant to drive innovation due to the inherent compliance risks. Financial services industry already spends more than $270 billion per year in compliance and regulatory obligations. Legacy systems limit the simple automation and straight-through processing from front end to the back office. Proprietary systems complicate the adoption and integration of emerging tech like blockchain, AI, robotic processing, and API-based micro services. In short, legacy information systems reduce a bank's ability to innovate and improve value for their customers and partners. Meanwhile, there are now approximately 60 million Generation Z banking customers who control $45 billion in annual spending. With the oldest of them nearing age 24, these young adults literally have no recollection of life prior to the internet, social media, and mobile tech. Gen Z expects highly transactional services, placing more value upon convenience over traditional branch-based relationship-driven banking. In consideration of these things and other things, I offer the following recommendations: One, coordinate efforts with the U.S. Treasury and Federal Reserve Bank in establishing a sandbox environment, and a decentralized national network of financial records. Without a definitive path of its own, relying on the financial services industry to provide tech solutions means the SBA is at risk for future disenfranchisement of the growing market of digital-first business' owners who rely upon tech solutions for fast, efficient business operation. Similar to the early communications standards that became the internet and web, a collaborative approach to building a commercial lending and financial records network by the SBA, Treasury, tech companies, and banks could accelerate a more verdant, efficient, and trustworthy financial system. Through collaboration, the SBA is in a position to establish new standards for financial document and information networks, data interoperability, robotic process automation, and exchange. Firms that optimize customer data, robotic processes, and provide new solutions can offer timely and relevant support for the SBA's programs. With data-driven and digital-only models, challenger firms are in a better position to adapt to rapid change and unforeseen circumstances. Number two, leverage and improve upon small business innovation research, SBIR programs, to foster FinTech and RegTech innovation. The SBA has an opportunity to collaborate with technology companies to provide proof of concepts for the direct delivery of automated services. However, Federal contracting, grant, or regulatory policies can be quite prescriptive when it comes to defining technology and solution requirements. Instead, Congress should establish goals for the outcomes of innovation programs and then strive to support businesses that offer effective, affordable technology solutions. While contracting vehicles already exist, they can be prohibitive for small companies to pursue due to the amount of resources required. As we have seen with recent SBIR innovations and instant procurements and streamlined processes within the Air Force, tapping into a wider national brain trust for innovation can be achieved through thoughtful improvements through the existing processes. As we deliberate national small business, funding, banking, technology, and even monetary policies, Congress should invest in these opportunities, accelerate them where possible, and ensure the financial and regulatory standards and technology of the future continue to be led by American ingenuity and resolve. Thank you, again, for inviting me to testify, and I look forward to addressing each of your individual questions. Chairwoman VELAZQUEZ. Thank you, Mr. Hiles. Thank you all for everything you have shared with us. I will begin by recognizing myself for 5 minutes. Ms. Urrutia, the goal of my bill is to bring transparency and understanding of pricing terms and conditions to small business lending nationally. How would increased transparency have a unique impact on borrowers of color, immigrant entrepreneurs, and other vulnerable communities? Ms. URRUTIA. First, I want to start by saying that underserved small businesses, particularly the minorities, immigrant, and women-owned do not generally maintain existing banking relationships. I think this was recently brought to light after looking at the results of who received PPP loans. Unfortunately, we saw that many minority immigrants and women- owned business who tried to apply with banks were left at the back of the line, or declined altogether. There is also plenty of research from many sources showing that these underserved communities are most negatively impacted when it comes to accessing responsible and affordable capital. The Brookings Institute research shows that minority and women-headed households generally have lower levels of household wealth, making external borrowing more difficult. It also shows that these two segments have increasingly difficult times accessing responsible capital. Similarly, the U.S. Department of Commerce, Minority Business Development Agency shows that minority and women-owned businesses are less likely to receive loans, more likely to receive lower amounts, and more likely to be denied when compared to nonminority businesses. Chairwoman VELAZQUEZ. Thank you. Thank you. I just need to go on with other questions. Thank you so very much. Ms. Tshering, you noted that nonprofit lenders are left helping small businesses pick up the pieces due to the lack of transparency and abusive lending practices in online lending. Can you elaborate on some of the terms these FinTech products have that hurt small business borrowers? Ms. TSHERING. So what we found and it is the CDFI Business Center For New Americans, which I represent, but also all--we have a coalition of CDFIs in New York State, and we work very closely together. What we found is the, you know, lack of transparency of the actual interest rate. And I think we had someone who just spoke, the professor, who explained in detail, you know, very often the fact that the interest rate is a daily interest rate is not conveyed clearly to the borrower. So when you actually--you don't have the ability to compare apples to apples. So a borrower may look at a CDFI's loan product offerings and see 8-1/4 percent, and 10 percent, and when they see the interest rate that is conveyed to them by a FinTech, or an online, or some other lender, they are very confused. So, you know, we greatly feel what we are asking for is transparency and fairness. We are not condemning the FinTech sector. We are condemning and bringing to light the bad behavior. The other thing that we were shocked to find out, and I have to point this out, was the fact that even if we stepped in, a CDFI stepped in and was willing to make a loan to refinance, this loan with this exorbitant interest rates because of what the client on the borrower small business owner had signed on, it was still liable for the entire fees and interest for the term of the loan. Chairwoman VELAZQUEZ. Thank you, Ms. Tshering. Ms. Urrutia, in an effort to increase transparency in small business lending, an unexpected degree of disagreement has a reason with respect to annual percentage rate, or APR, disclosures. Some have argued that a total cost of capital metric is appropriate, but others have argued that an APR cannot be calculated for certain products. What is your response, and why is it so important that APR specifically be disclosed to borrowers? Do you believe it is more accurate or useful metric for borrowers in comparing loan products? Ms. URRUTIA. They are providing capital over time for a fee just as lenders are. For a long time, the merchant cash advance industry has long claimed that their products are different to get around regulations that are intended to protect their customers. This is just another example of that avoidance. A lot of conversation focuses on the nuances of the product themselves. Are they an MCA? Are they a daily debit? What are the product features? This financing is mostly very high cost and doing more harm than good. You know, customers need to be educated. The best businesses educate their customers because that allows them to make informed decisions. APR is definitely a metric that helps borrowers understand how much they are paying, and be able to compare apples to apples, one product to another. Chairwoman VELAZQUEZ. Thank you. Thank you. My time has now expired, and maybe if we go to a second round of questioning, I will be able to ask question for the witnesses that I haven't gotten to yet. Now, the Ranking Member, Mr. Chabot, is recognized for 5 minutes. Mr. CHABOT. Thank you, Madam Chairwoman, and I will begin with Mr. Hiles. Mr. Hiles, Cincinnati is a modest-sized city. How is Cincinnati come to be such a significant driver of financial innovation? What advantages have you found here in this area? Mr. HILES. Madam Chairwoman, Ranking Member, thank you for the question. Cincinnati has a great legacy of financial technology. In 1976, that was the start of the electronic trading with the Cincinnati stock exchange. In fact, Cincinnati is recognized as being the first independent software vendor company in history, Cincom Systems. So it has a wonderful technology legacy that was followed through. In 1977, Fifth Third Bank launched the very first ATM network, the Genie Network, which has become fairly ubiquitous now throughout the world for accessing cash through trusted networks. Separately, I am honored to have been on the team that was the first to ever connect a court judicial case management system to the world wide web and allow a clerk of courts case management search look-up, and we won a Smithsonian Computer World Laureate award for that. So we have got a tremendous history of firsts, and that is one of the reasons that we are now also advocating the establishment of a decentralized network of records as a way to really provide proof and efficacy of financial identities, entity information, assets, and, ultimately, transactions, so that they can be queried instantly by regulators, but then also ensure the security and the efficacy of documents and data as they are passed between institutions and organizations and individuals. So that hopefully answers the question, Ranking Member. Thank you. Mr. CHABOT. Thank you very much. Ms. Urrutia, I will go to you next. Could you expound upon the partnership that Opportunity Fund has with LendingClub and Funding Circle and how that those partnerships have helped reach small businesses across the country? Ms. URRUTIA. Sure. We established a one-of-a-kind partnership where we were able to take LendingClub customers that applied for a loan and got denied, primarily for credit reasons, in the background we were able to check them to decide if we could provide them a prequalification offer. In essence, we were a second look for a FinTech lender. They brought the marketing and, their digital capabilities, and we brought our high-touch customer service and our ability to underwrite credit for these underserved consumers, giving access to credit to borrowers that, otherwise, would have been turned down. And for certain borrowers that we cannot handle because their loan sizes are greater and/or they are prime creditworthy customers, we would send them to another lender, such as Funding Circle for them to underwrite; again, better expanding access as well as providing transparent rates and affordable loans. Mr. CHABOT. Thank you very much. Ms. Tshering, I will go to you next. As we have seen, COVID-19 has acutely impacted small businesses across the Nation. This is especially true for the country's smallest firms. I have introduced legislation that considers the smallest of small businesses, those that have 10 or fewer employees. As Congress looks to assist these smallest of hard-hit businesses during this emergency period, do you have any suggestions as to what we could consider why these smallest businesses have a particularly hard way to go? Ms. TSHERING. That is a great question. Thank you. So one thing I want to, you know, thank everyone who is involved in passing the CARES Act, one of the provisions that is not talked as much about as the PPP--we hear so much about the PPP loans, was under the CARES Act, anyone who was funded with the loan from funds from the SBA were able to get 6 months of loan repayments assistance under the CARES Act. So, that was a lifeline for small businesses that had a loan funded by the SBA, many of the EIDL loans, others were really, really helpful, but when we speak to our clients and other clients of other CDFIs, the area where most of the businesses seem to really need help is some form of rent relief. And what they have also said over and over, again, is, Yes, we do not need more debt, you know. We would love to have a program which would, you know, provide some equity, help us pay off the 4 months of rent that we owe, and some of the expenses so we can get back on track. Mr. CHABOT. Thank you very much. My time is expired, Madam Chair. I yield back. Chairwoman VELAZQUEZ. Thank you. The gentleman's time has expired. Now we recognize the gentlelady from Kansas, Ms. Davids, for 5 minutes. Ms. DAVIDS. Thank you, Chairwoman Velazquez and Ranking Member Chabot, for holding this hearing today. The COVID-19 pandemic has certainly illustrated and exacerbated many of the challenges that our small businesses face in their ordinary day-to-day operations, whether we are talking about access to capital, starting a business, keeping the doors open in an emergency, and we are seeing just how hard those challenges can be. FinTech, I think, presents a unique and exciting opportunity for lenders to better reach and serve small business owners who are often in search of small loans, things, you know, loans that are under $1 million, and FinTech lenders are often able to speed up the typical loan turnaround time, which can be critical for small businesses with tight margins. But, as we know, the FinTech industry, as it grows and adapts, we have a responsibility to ensure that those opportunities for small business lending are equitable and that they are fair. And so, Ms. Urrutia, I would really love to hear from you about how we ensure that FinTech and online lenders offer fair and clearly understood terms, and making sure that they are remaining accessible to small lenders and you were kind of touching on this earlier when you were talking about the transparency that the Chairwoman was asking about, but also, just in terms of making sure that folks understand the terms that they are signing up for, how we educate folks on that. Can you talk a little bit about that? Ms. URRUTIA. Sure. Thank you. First, there are many reputable national lenders. CDFIs and FinTechs alike, who deliver solutions online to customers throughout this country in both rural and urban communities. And these organizations, ourselves included, we meet borrowers where they are and when they need us. And we have been and will continue to be committed to transparency in our lending activities. Examples of many of these lenders are members of the Responsible Business Lending Coalition, which is a network of more than 110 nonprofit and for-profit lenders, investors, and small business advocates that share a commitment to innovation in small business lending, and we also are concerned about the rights of small businesses. The 50-plus lenders in the group currently provide borrowers in need of loan capital with transparent disclosures. The second point I will make is that we strongly believe that an educated customer is our best customer. By being transparent, we help them to understand how to pay loans back, which means more people can get credit as a result. For us and for these lenders, customer success drives business success. Ms. DAVIDS. Oh, really quickly, I would like to hear a little bit more about--I am really interested in making sure that small business owners are able to trust that they are interacting with a lender that is really going to either meet them where they are at or educate them in a way that is necessary. Can you talk a little bit more about that? The Responsible Lending Coalition sounds really interesting. Are there other groups out there that are doing similar work? Ms. URRUTIA. Yes, and I would say that under the Responsible Business Lending Coalition, we created--the Business Borrower Bill of Rights, which outlines six principles of what responsible lending would look like. It does not mean that other lenders that have not signed on to this bill are not doing responsible lending, but I think that the BBoR will serve as a guideline for small businesses when taking out a loan to understandf if, the loan meets this criteria? Ms. DAVIDS. And then, Ms. Tshering, I saw you nodding your head a bit. I would love to hear from you on this. Ms. TSHERING. Yes. So, you know, I want to point out, as Luz referred, that many who have not signed on to this, you know, small business lender Bill of Rights, but they believe in what we are asking for. And we are not, you know, condemning the FinTech sector, as I said before. What we are saying is, we want some rules in place to affect and make sure there is no bad behavior, which impacts very negatively on small business owners. Ms. DAVIDS. Yeah. I appreciate that, and it sounds like there are a lot of--when I was hearing about the partnerships with folks like Lending Tree and other online folks, I think that it sounds as though, there is--again, I said this earlier, a lot of opportunities for access and growth just making sure we are making that a fair and equitable process. Thank you so much for your responses. And I yield back. Chairwoman VELAZQUEZ. The gentlelady yields back. Now we recognize the gentlelady from American Samoa, Mrs. Radewagen, for 5 minutes. Mrs. RADEWAGEN. Thank you, Chairwoman Velazquez and Ranking Member Chabot, for holding this hearing, and I, too, want to welcome the panelists. For Ms. Urrutia, in your testimony, you state that small business owners are sometimes shut out of a traditional financial system. Why do you believe some lenders do not consider them good candidates for traditional lending products? And small businesses are--well, as Congress continues to discuss PPP and the next round of COVID relief, what should we concentrate on that would provide the most assistance to small businesses? Ms. URRUTIA. Sure. Yes. Banks generally have a very specific criteria under which they make loans. They look at FICO scores, and there are a lot of small business owners and individuals that don't have one--primarily those that either new to credit or, immigrant communities. Second, they are looking at size of loans. The loans we are talking about are very small microloans. It is really hard to make those loans profitable. Also, many of these minority-owned businesses are in industries that pose a greater risk for banks, even though, we would disagree with that statement based on our own experience. So, the overall profitability and the overall segment that we are talking about has needs that the banks are just not set up to serve. As a result, these small businesses are going to alternative lenders to seek the credit that they need; online, MCAs, FinTechs. In terms of PPP, we believe that there are several things to improve. We do believe that there needs to be the ability for businesses to access a second PPP loan. We also believe that to incentivize lenders to make smaller loans, lenders should get paid a minimum fee of $2,500. As an example, at Opportunity Fund, our average loan for PPP was $15,000, okay. The average loan on the second round was 73,000 for the industry as a whole, and even larger in the first round. So, to incentivize lenders to make smaller PPP loans, there should be a process to forgive any loans under $150,000. That will help lenders be willing to make those smaller loans. Mrs. RADEWAGEN. Thank you, Chairwoman Velazquez. I yield back the balance of my time. Chairwoman VELAZQUEZ. The gentlelady yields back. Now we recognize the gentleman from Maryland, Mr. Mfume, for 5 minutes. Mr. MFUME. Well, Madam Chair, thank you very much. You are very gracious with your time. I hopped on a little late because I have had conflicting meetings this day, and so in deference to the members on our side that may have been here earlier before me, I would yield until the next round. Chairwoman VELAZQUEZ. I recognize the gentlelady from California, Ms. Chu, for 5 minutes. Ms. CHU. Thank you, Madam Chair. Well, Ms. Tshering, I am so glad you are on this panel today because your organization is a Community Advantage lender serving immigrant and minority business owners. What this hearing today shows is that it is so important for us to support the Chairwoman's Small Business Lending Disclosure Act ASAP. And I have also introduced legislation, along with my colleague, Representative Spano, that would authorize the Community Advantage program for 5 years, which has been operating as a pilot program successfully since 2011. Now, we are facing a long recovery from COVID-19, and we need to be bold about giving small businesses, especially underserved small businesses, more opportunities to access SBA capital. So, you know, we have an interest in making sure the Community Advantage program remains live. And as a Community Advantage lender, can you speak to the potential of this program to play a part in the economic recovery for small businesses, especially those owned by immigrants and people of color, and especially when they may be potentially taken advantage of by unscrupulous FinTech lenders? Ms. TSHERING. So, thank you. So, the Community Advantage product is a great product. We are relatively new to the product. We have been making these loans for 2 years. But what I have to say, we were pleasantly surprised once we started processing them, how efficiently we got a response as to whether something was approved or not, if a loan was approved, or if documents were missing. And I think it has a great role to play in the recovery efforts. New York, here, businesses are reopening. We are making, you know, emergency microloans funded by the SBA. We are also a very active lender with funds, awards from the Treasury, the CDFI fund at the U.S. Department of Treasury. But the CA, Community Advantage program, has a great role to play. And I think, you know, if more of the business owners were aware of the product, certainly there is some time involved in underwriting the loan, but that makes sense because, you know, you really have a responsibility to make sure that the borrower has the ability and, you know, is able to repay before you make the loan to the business. Ms. CHU. Thank you for that. And, Ms. Urrutia, as the only member from California on this committee, I would like to ask you about SB-1235, which was signed into law in my home State in 2018, and was the country's first truth-in-lending law specifically for small business. And I know your organization was very instrumental in the passage of this bill in my State. Of course, this legislation did address the misleading advertising practices by requiring lenders to disclose the true estimated cost of their products on an annualized basis, and it laid the groundwork for a similar effort in New York State. And, of course, I commend Chairwoman Velazquez for spearheading these disclosure requirements here in Congress because we certainly need it on a national basis. So, can you tell us how the bill is doing and expound on the lessons learned from SB-1235 in California, and how we can apply those lessons to the Federal level? Ms. URRUTIA. SB-1235 has not been fully implemented yet in California, but, transparency is what we all were looking for. That is why when this bill was passed, there was no opposition to enacting some of the disclosures.-What we saw is that high-cost lenders continue to oppose it because their APRs will be much higher than the rates that they disclose now. As I said earlier, the Federal Reserve found instances of providers claiming that a 4 percent ``fee rate'' of 4 percent, when the estimated APR was 45 percent, or a ``factor rate'' of 1.15 when the estimated APR was 70 percent. The Fed found these rates are confusing. So, when we introduced this bill, I think that the reason we found support is because consumers and small businesses deserve the right to know their options and what they are buying so they can make informed decisions. And we are looking forward to successful and full implementation of the bill in California. Ms. CHU. Thank you. I yield back. Chairwoman VELAZQUEZ. The gentlelady yields back. I now will recognize the gentleman from Ohio, Mr. Balderson, for 5 minutes. Mr. BALDERSON. Thank you, Chairwoman. Chairwoman, I appreciate you doing this committee today, and I look forward to listening. It has been good today. My first question will go to Mr. Levitin. In your testimony, you briefly discuss personal guarantees. At the SBA, personal guarantee is utilized with many of the government guaranteed lending products. Can you provide more detail about its role in traditional lending products? Mr. LEVITIN. Sure. Personal guarantees are--commonly are very frequently used as business lending because the small businesses--in many situations, the dividing line between what is a small business asset and what is a personal asset gets--it can be fussy. That is one reason. For example, a contractor who buys a Ford F-150 or something might use it for work, but he is also going to use it to take his kids to school, and to get groceries and the like. It is both--it may be registered in the business's name, but the business is really hard to separate from the person, and that is why you often see personal guarantees for all businesses where the credit of the business is just tied up with the credit of the person. I don't think a personal guarantee is, in any way, a problem. I want to be clear about that. But when you start having personal guarantees it can make it look a lot more like [inaudible] than if, you know, a large--Coca-Cola were to go and take out a multimillion dollar loan. Mr. BALDERSON. Thank you. I will follow up for you. What small business provision should Congress concentrate on while discussing the next COVID relief package? Mr. LEVITIN. I think the key--maybe the most important problem small businesses are facing is rent, and that is not an easy problem, because you have small businesses that, through no fault of their own, are facing real problems with their rent, and you have landlords who, through no fault of their own, are finding their own liquidity stressed because of the COVID problems. I don't, unfortunately, have a good solution for you on this, but that is, I think, where a lot of attention needs to be paid. Mr. BALDERSON. Okay. Well, thank you. My next question is for Mr. Hiles. Mr. Hiles, thank you for being here today. What do you believe are the factors that are driving change within the country's banking and lending system? Mr. HILES. Madam Chairwoman, Representative Balderson, thank you for the question. There is a confluence of different factors affecting the banking system right now. As I stated in my initial testimony, one of the problems through consolidation for Main Street to Wall Street has been the development of these gigantic too-big- to-fail patchwork quilts of disparate financial IT systems in the way that the documents and the data are managed become very expensive to maintain. And we have seen instances where very large banks have spent upwards to $1 billion in an attempt to launch a fully automated digital bank from the inside out. And we know that from the technology standpoint, the technology innovation generally takes place outside of large institutions and then becomes acquired or absorbed within as we are able to innovate and pivot. There are other compressive factors, you know, the risks from a regulatory cost standpoint and, you know, not clear guidance. We have struggled with standards in technology. We have had a little bit of a national dialogue, in particular, around blockchain. There has been an attempt to bring to the floor a previous legislation that defines even the taxonomy of blockchain and cryptocurrency and trying to inject some definitions into the mix. I would like to also remind the committee that FinTech, in and of itself, is not necessary alternative lending. FinTech is just financial technology that powers an efficient way for even traditional financial firms to continue to operate. Mr. BALDERSON. Thank you very much for your answer. Madam Chair, I will yield back my remaining time. It is pretty short. So thank you very much for all of you being here today. Chairwoman VELAZQUEZ. Thank you. The gentleman yields back. Now we recognize the gentleman from Pennsylvania, Mr. Evans, for 5 minutes. Mr. EVANS. Thank you, Madam Chairperson. Thank you for your leadership on this issue. The question I want to start off is with the professor from Georgetown. Mr. Levitin, can you describe the pros and cons of using FinTech for lending? What can business owners do right to now protect themselves from predatory lending? And I would like to get others to respond to that too. Mr. LEVITIN. So, as Mr. Hiles was saying a second ago, FinTech simply--it is actually not a very useful term because it is so vague. It just means bringing technology to the lend-- to financial services, and that can mean a whole range of things. In the lending context, it usually is used to refer to online lenders. But a website is hardly, you know, revolutionary technology at this point. Often when we think of FinTech lenders we--people are referring to lenders that are using alternative underwriting data, so that they are able to maybe underwrite loans for borrowers that do not have traditional credit scores or have thin credit files, and also, lenders using particularly automated underwriting. And these two things, the automated underwriting and the use of alternative underwriting data, enables both cheaper underwriting and faster underwriting, and underwriting of populations that might not otherwise be served by the traditional lending market. Potentially, that is all really good, right. There is a lot of potential upside to FinTech. The problem is that FinTech has--it can be both good and bad, and you have--just as in the regular banking market, you can have abusive practices. You can have those, too, with FinTech. And with FinTech lenders, often they are not operating with a banking license, so their regulation will vary. It is going to be on the State level primarily. And what that means they are actually subject to can just--there is substantial variation depending on how they do this. Additionally, some FinTech lenders are not banks, but they partner with a bank. These bank partnerships are sometimes called rent-a-bank arrangements, where the bank acts as the front. It makes the loan and then immediately sells the loan, and the loan was made on spec for the FinTech. What that allows the FinTech to do, it allows it to evade State regulations. So the example I give in any opening statement of the DeRamos' business loan, the 121 percent interest rate, well, Florida has an 18 percent usury cap. It actually applies-- unlike many States, Florida's usury cap applies to business loans as well as to consumer loans. How is a 121 percent APR loan made there? Well, because banks are exempt from State usury laws. And by having the little tiny Wisconsin community bank with just two branches in Wisconsin be the formal lender, and then a few days later, sell the loan to the FinTech, the FinTech was able to at least make an argument that it was not subject to the State's usury laws. And, unfortunately, over the summer, the Office of Comptroller of the Currency and the Federal Deposit Insurance Corporation both put finalized rulemakings that pretty much blessed this process, and are giving a green light to bad actors in the financial services space rather than trying to, you know, squeeze out the bad actors and have an open field for the good actors. Mr. EVANS. So maybe somebody can go real quick. I have a minute. So can I get you to respond the pros and cons on it? Mr. LEVITIN. Can you repeat that, sir? I didn't hear it. Mr. EVANS. Is anybody else giving comments on the pros and cons of FinTech along the panel? Ms. URRUTIA. I would just say that FinTechs have done a great job of leveraging technology and data analytics to scale lending to underserved communities in markets where banks have left, and they have become banking deserts. And they have the reach and many are responsible. The problem that we have as responsible lenders is with those online and FinTech providers that are not transparent in their disclosures. And with those who say that why don't we just talk about the cost of credit and the dollar amount, recognizing that that is not a good, fair comparison, because a 6-month loan is very different than a 5-year term loan, and so you have to look at APR in order to be able to compare apples to apples. Mr. EVANS. I yield back the balance of my time. Chairwoman VELAZQUEZ. The gentleman yields back. Now we recognize the gentleman from Oklahoma, Mr. Hern, for 5 minutes. Mr. HERN. Thank you, Madam Chairwoman. I really appreciate you doing this meeting today, and Ranking Member Chabot, and our witnesses for testifying today. As a business owner for over 35 years before getting into Congress 2 years ago, I am certainly very familiar with the complexities associated with obtaining access to capital through the loan programs that are out there and available. I am also--as a cofounder of a small community bank, I also understand the compliance standards and the financial risk our lenders face on the other side. So I have a unique perspective of being on both sides of this for over 20 years now. These financial risks have grown significantly, due to small businesses utilizing online lending more frequently, which often creates quicker means to obtaining loans, as each of you have described, is more appealing to younger demographics of business owners. If it is usually that easy and that automated, there is usually something of suspicion behind it, and I think that is what has been so appetizing about these type of loans. Unfortunately, online lending comes with a lack of transparency and increased ambiguity regarding long-term agreements, again, as we have been speaking to today. Going forward, as our society's reliance on the digital marketplace continues, it is essential that we increase transparency so that small businesses better understand the terms of online lending agreements. Compliance standards are also a growing problem, as our Nation's banks have been overregulated since the passage of Dodd-Frank, and they have become worse during the coronavirus crisis. While the PPP and auto programs have helped businesses remain open and for employees who are unemployed, a quick turnaround in processing these loans has placed even more standards on many banks, causing them to work extra hours and adding to the overall compliance cost. So, to ensure more efficiency and transparency with SBA lending, we need to reduce the burdensome regulation for banks and strive to innovate. And this brings me to the first question. Mr. Hiles, in your testimony, you note that the need for the SBA to be more innovative and work with technology companies to foster FinTech and RegTech solutions, if the SBA is to innovate through online platforms, how do we ensure that we are not overregulating causing more burdens for banks, yet also to ensure there is transparency for small businesses within loan agreements? Mr. HILES. Madam Chairwoman, Representative Hern, thank you for the question. We are advocates of leveraging technology that exists today that allows for the immutable mathematical proof of documents and data. I think of it as the underlying technology beneath cryptocurrencies, but applied in an enterprise fashion for compliance purposes. This allows a mathematical way to encrypt the information, and then decentralize it to, you know, essentially hack-proof it. I don't like to say that word because it is not true, but at least elevate a much higher level of security around that information. This also provides for a proof of information and data from a regulatory standpoint as an examiner would be provided with a token key to the network to access specific records on a real- time basis. It would seem that from a transparency standpoint these kinds of innovations would be a dream come true for both small financial institutions who already struggle with technology innovation. As a community bank, they don't have the R&D budgets. And then from an administrative standpoint, to help leverage some of these new technologies, to also work in a far more efficient fashion as an administration. These are the kinds of things that we look forward to in the future with the ability to, you know, proof documents and data. Mr. HERN. Thank you. Mr. Levitin, my second question, I will start with you on this and we will see where time goes, but this is regarding increased lending flexibility for banks. What are some of the actions the government can take to reduce current regulatory burdens on banks to increase the flexibility within lending leading to quicker turnaround for loan processing, as that seems to be one of the appetizing things to the FinTech industry right now? Mr. LEVITIN. So I am not actually aware of any particular regulation that slows down the speed of underwriting. There may be just internal technological and operating procedures that do so, but I am unaware of anything in terms of Federal regulation that requires a delay between when the bank decides to make a loan and when there can be a disbursement, or about how fast a bank can undertake an underwriting process. There are certain things that, you know, pretty much any lender is going to be required to abide by, such as anti-money laundering regulations, but those should not be creating a particular delay once the necessary documents are submitted to a lender. Mr. HERN. Madam Chairwoman, I yield back the balance of my time. Actually, I have none left. Chairwoman VELAZQUEZ. The gentleman yields back. Now we recognize the gentleman from Illinois, Mr. Schneider, for 5 minutes. Mr. SCHNEIDER. Thank you, Madam Chair. And thank you and the Ranking Member for hosting this important hearing. I want to thank our witnesses for joining us today. This summer, I had the privilege to host a number of virtual roundtables with, in particular, minority business owners in my district. And in these, time and again, we heard a common theme that these small businesses, especially minority- owned businesses, had nowhere to turn for financial assistance. Now, the big businesses were getting ahead of them in line at the banks and accessing PPP, at least in the first round. Many submitted their paperwork, only to get skipped over, and they really struggled. In the second round, they did a little bit better. But the data supports the conclusions. Only 12 percent of black and Latino business owners pulled between April 30 and May 12 said that they had received the funding they had requested, while about 1 quarter received some funding. In contrast, half of all small businesses reportedly receiving Federal reports through the PPP program. So we passed PPP. We had additional help that we hoped to offer through the Heroes Act, but nothing has yet to come. And one of the biggest themes, or concerns I heard in these conversations, was the fear that nothing would come and they would be left hanging. So my first question, and maybe I will start with Ms. Urrutia, is how successful do you think the second round of PPP funding was in targeting these underserved communities? Ms. URRUTIA. [Inaudible] a lot of different places. Minority-owned businesses and the most vulnerable ones that we are talking about do not generally have banking relationships. As a result, the banks were only supporting their customers first. So that is why your comment that they stood at the back of the line, they stayed in the back of the line, for the most part. Also, if you look at the average size of loans that were made, in the second round, it was $73,000. Our average loan size was $15,000, and we deployed about 1,000 loans in a 6-week period. And so we must ensure that PPP funds go to the smallest, most vulnerable small businesses, because they are the ones that are minority-owned, and they are the ones that really need it, and that is why we are supporting that a second PPP loan be authorized. We are also asking that PPP loans under $150,000, be automatically forgiven. Those businesses are the ones that need the most relief in order to get back on their feet. And then, the other piece is an administrative fee. As you know, 5 percent was paid by SBA to loans under $350,000. In our case, we made a $15,000 loan. Five percent is $750. That does not cover the cost of processing the loans and working with these borrowers that need so much help to ensure that they can get approved. Mr. SCHNEIDER. Thank you. And maybe, because I think my next one is somewhat of an academic question, I will turn to Professor Levitin. But, you know, as we are looking forward, we are looking to the next package. In the minute and a half left, can you touch on, you know, the needs that businesses might have in the next round, how we could better structure this program to serve these underserved businesses, and what we might do also to create a more efficient, effective process to make sure these businesses have access to the loans? Mr. LEVITIN. So, there is a bit of a MacGyver problem here where you have got to work with the tools you have at hand. We can't start setting up an entire new financial system from scratch. Given the tools that are at hand, I think that PPP made the best of what it could from a bad situation. And while I am not generally enthusiastic about using--relying on private financial institutions to carry out Federal aid programs--I think we have seen problems with that in the past, for example, with mortgage servicers and Federal foreclosure relief--I think that, you know, the goal for the next round has to be figuring out a way that the banks that participate in PPP or any expansion of that will reach out not just to their existing clients, but try and serve new clients, and see this as an opportunity for developing new banking relationships. Mr. SCHNEIDER. Great. Thank you. And my time is expired, so I will yield back. But first, let me just, again, thank our witnesses today and thank the Chairwoman and the Ranking Member for this hearing. Chairwoman VELAZQUEZ. Time has expired. Now we recognize the gentleman from Minnesota, Mr. Stauber, for 5 minutes. Mr. STAUBER. Thank you, Chairwoman Velazquez and Ranking Member Chabot. I really appreciate your leadership during this really difficult time for COVID-19, and the small business owners throughout the Nation, the 30 million of them. Mr. Levitin, you just talked about the banking industry. You know, during this COVID-19, we have relied on our small community lending banks to, you know, help with these PPP loans with not a lot of help or guidance from the SBA at times, and I think they did a really good job under the circumstances. From your comments, I hope you agree with that. I think you stated that. Is that correct? Did I hear you correctly? Mr. LEVITIN. [Inaudible] on the implementation of the PPP program to take a position there. So I just want to--I am going to say, my answer would be no comment. Mr. STAUBER. Okay. And that is fine, because I want to put forth my congratulations and support for community banks and lending institutions that helped 51 million people keep their jobs and helped almost 10 million, 9-plus million businesses to stay open during this time. And I would just say this, here is a question. The small businessmen and women across this Nation, they are the engine of our economy. The members of this committee understand that. I would ask anybody this question: Do you think, because small businessmen and women are the engine of our economy on Main Street America, is there anybody on the panel of experts here that feel there is a need for small businesses to be protected from COVID-19-related lawsuits? Anybody--this is directed to any one of the witnesses. Ms. URRUTIA. Can you say more about--when you say protected from COVID-19 losses, what do you mean? Mr. STAUBER. Lawsuits. Ms. URRUTIA. Lawsuits. Mr. STAUBER. Lawsuits. Ms. URRUTIA. Okay. Mr. STAUBER. Anybody? Any of the three witnesses? Ms. TSHERING. Are you talking about lawsuits from employees or from, you know, customers or--yeah. Mr. STAUBER. From the general public. Somebody comes in, you own a small business, you are following the CDC recommended guidelines. You have payments to make to the lending institutions that helped you get through, and there is a lawsuit--COVID-related lawsuit stating your business--I went into your business and got COVID. Tell me about your thoughts on that. Ms. TSHERING. Yeah. So what we found is when we have asked our clients, you know, what sort of concerns do you have when you are operating your business, this is the last thing on their mind, you know, because they all have reopening plans; they, you know, have signs about masks, they have, you know, plastic barriers. That is the last concern on their mind. Their concern is the rent they owe. And I think we had the professor also mention, we found that rent, you know, rent for the last few months, the debt that they have is the biggest concern among our small business owners. And the other concern we have is, you know, hopefully there will be more relief for them. But we--you know, I manage a CDFI, and there are hundreds of CDFIs throughout the U.S. Mr. STAUBER. So---- Ms. TSHERING. They should--you know, they could be funded-- yeah. Mr. STAUBER. Ma'am. Ms. TSHERING. Yeah. Go ahead. Mr. STAUBER. Let me ask maybe the question more directly. Is that something as a small business supporter, like you are, is that something you would support protecting the small businesses from these types of lawsuits? Because your experience where you are at, and my experience from talking to our Chamber of Commerces are much different. And so, I would say that it is a priority that when they open, when they follow the CDC guidelines that they aren't in lawsuits. So I will be more direct: Do you support the protection, the liability for small businesses from lawsuits for COVID-19 only when they follow CDC guidelines? Anybody? Yeah. So that is--your--the silence is deafening here, and that is the concern. That is the real concern we have across America. We talk about support for small businesses. Well, here is an opportunity to protect them. We have given our small businesses relief that they needed, in fact, the three-page PPP for those small minority-owned businesses that don't have a human resource department to be able to access there. And so my question was, we are doing all this upfront. Do you know that of 30 million small businesses across this Nation probably 25 million, 28 million of the small businesses could not even handle one lawsuit? So we know they are the engine of our economy, and it strikes me that all three of you are silent on my question. Ms. TSHERING. So can we--yeah. We would like to give this more thought and get back to you, so we are very clear about what exactly you mean. And, you know, we appreciate your concern for small businesses, so we would like to get back to you on this. Mr. STAUBER. I appreciate that. I am a small business owner for 31 years. And as Professor Levitin said, it is not easy, but we need that stability and the certainty to be able to even keep our doors open. And I think you would all agree with that. I think that is--the last question I have, and I know I have a little bit of time here, are there any archaic laws that you see on the books that we should remove, that you as--from your expertise, that we should remove to help small businesses not only succeed, but also access to capital in an easier fashion like the PPP loans, the three-page loan to get that access to--that capital to the small businesses that need it? Anybody? Mr. HILES. I will take that one very quickly. I think that Congress and the Securities Exchange Commission and, you know, the dialogue that is happening around equity funding is a positive step in the right direction with the realignment of what constitutes an accredited investor. I think that there needs to be more of a crowdfunding focused approach to some of the smaller businesses in particular. That being said, even working with some of the Title 3 JOBS Act crowdfunding portals represents a pretty significant upfront, front-loaded expense to mount a marketing campaign and get through the statutory requirements in order to launch a crowdfunding campaign for even a very small amount of funding. Cost of capital tends to run fairly high. Mr. STAUBER. Okay. Does anybody else want to tackle that one? Okay. I just---- Chairwoman VELAZQUEZ. Time has expired. Mr. STAUBER. Thank you, Madam Chair. Chairwoman VELAZQUEZ. Thank you. Now we recognize the gentleman from Tennessee, Mr. Burchett, for 5 minutes. You need to unmute yourself, sir. Mr. BURCHETT. I think we skipped the order there. I think a Democrat should be next. I hate to cut in front of one of my colleagues across the aisle. Chairwoman VELAZQUEZ. No. I have recognized everyone. Mr. BURCHETT. Oh, okay. So I am last. Oh, well, I should be more offended then. I apologize. I will remember that offensiveness to the next meeting. No, you are wonderful, Chairlady. I always enjoy being on with you, ma'am. I am sorry we are not in person. I guess I am wondering about how do we increase our access--I am just going to ask all of the panelists there, if we can just start at one end and go to the other. How do we increase access to capital for business and limit our risk for lenders? And I guess I would be interested really in our minority community. It seems like the percentage and the volume of loans go--it seems they are at a disproportionate amount, some of those folks, and I would be--I anxiously await your answers. Ms. URRUTIA. I can start. I think a number of ways. First of all, make sure that CDFIs have the proper funding that they need. CDFIs are ensuring access to credit for impacted businesses in rural communities, underserved small businesses. We are offering affordable loans, technical assistance, and a lot of other services that are needed, and we need to be properly funded and have leverage and balance sheet capacity to support the lending. So in support of CDFIs, a supplemental appropriation of $1 billion to the CDFI Fund will allow CDFIs across the country to leverage $12 billion in capital that will be deployed to communities in need. That is the first thing. The second thing is make sure that section 1071 of Dodd- Frank is passed so that lenders report on the amount of lending that they are doing to minority and women-owned businesses. We need to have visibility so that we can understand what the problems are and correct them. We also should be looking at reauthorizing the State Small Business Credit Initiative, SSBCI. After the Great Recession, this was a great program. It provided over $1.5 billion to State-led small business financing programs, and it gave a lot of flexibility to lenders to leverage that capital as loan loss reserves to support over $8 billion in small business loans. So, I think that this is a great opportunity for public and private sector partnerships to come together through access to funding for CDFIs and loan loss reserves so that we can feel comfortable and continue to increase lending in these communities. Mr. BURCHETT. Okay. Thank you. Anyone else? Ms. TSHERING. So, you know, as a CDFI that works with minority and women-owned businesses, I would like to second what Luz just recommended about supporting CDFIs. And they are all, several hundred of them, or maybe even more than several hundred, spread all over the United States, rural, urban, you know, and they really understand the clients they work with, the businesses that need some hand-holding. And eventually, many of them are bankable and able to get larger loans from banks, so I really support that suggestion. Mr. LEVITIN. I would also like to echo the point about section 1071 of Dodd-Frank. It is way past time for the Consumer Financial Protection Bureau to have implemented the data collection on small business lending, which is just the-- it is the necessary precondition for trying to police the small business lending market for discriminatory lending. And without that data, it is just not easy to do any kind of meaningful fair lending enforcement. Mr. BURCHETT. All right. I guess, Mr. Hiles, I will ask you the last question. I don't think I have got 30 seconds. But have the online lenders in the FinTech industry experienced a higher demand for capital from new businesses, and how is the industry managing the existing investments in companies that have made significant operational changes? Mr. HILES. There has, indeed, been a significant growth. Thank you for the question, Representative, Madam Chair. There has been a significant growth in usability, and as I indicated in my initial testimony, we expect those numbers to continue to climb as the younger generation, who is far more transactional, less relationship-focused, wish to leverage the technology that has been in their hands since they were literally born as children to access all manner of capital. And so, from that standpoint, we see there being nothing but a growth path forward for everything from online alternative lending to fully automated, full digital banking, and even non-lending banking as seen with some of the recent legislation in the State of Wyoming with special purpose depository institutions, you know, really remix the notion of what banking is from a services versus a lending-risk standpoint. Thank you for the question. Mr. HERN. I yield back my time, Chairlady. Thank you, ma'am. Chairwoman VELAZQUEZ. The gentleman's time has expired. Now we are going to go to a second round of questioning, and I welcome the members to stay on. I will recognize myself for 5 minutes. Professor Levitin, last Congress, you testified before us on the Financial Services Committee on the use of the rent-a- bank scheme that allows FinTech lenders to get around state usury law. Can you explain the mechanics of those transactions to us, and how this scheme enables predatory lenders to continue operating unchecked? Mr. LEVITIN. Absolutely, Madam Chairwoman. So every State in the country has some sort of usury law. They vary substantially--but here is the basic thing you need to understand about them: Banks are not subject to State usury laws. I put in a little asterisk. It is a little more technically complicated, but that is the basic takeaway. Banks are not subject to State usury laws. Nonbanks are subject to State usury laws. In a rent-a-bank arrangement, a nonbank will partner with a bank, and here is the terms of the partnership: The bank will make loans according to the specifications of the nonbank. It may even use an underwriting platform that is licensed to it by the nonbank, where basically the nonbank has done all the programming and has set all the terms of the underwriting. The nonbank will do the marketing, it will service the loans, and it will also purchase the loans or purchase an economic interest, such as a participation interest, in the loans from the bank, so that all the bank is really doing is being an origination agent. Its name is on the loan documents originally. And maybe it provides very--you know, the original funding for a very short period of time. Maybe it holds a 10 percent or 5 percent economic interest in the loans going forward. But for all real purposes, the nonbank is the lender, and it is using the bank as a front to make the loans. And the reason it does that is because then that gives it a legal argument, which is a contested one, but it gives it a legal--it gives the nonbank a legal argument that the bank is the true lender, and that, therefore, the loan is not subject to State usury laws, and that the nonbank is not subject to State licensure requirements, and that the loan is not subject to other State consumer protections, such as limitations on rollovers, in the case of payday loans. Chairwoman VELAZQUEZ. How does the lack of federal regulation allow this practice to continue unchecked? Mr. LEVITIN. Well, historically, if you went back about 17 years, in 2003, the Office of Comptroller of the Currency cracked down on these kind of arrangements, which were being used by online payday lenders. And the Office of Comptroller of the Currency stopped every national bank that was involved in doing this kind of rent-a-bank from doing this. A few years later, the FDIC stopped all the State-chartered insured banks from doing this. I was actually an expert witness for the FDIC in some litigation about this. We have since had a change in management at the OCC and FDIC, and the change in view about the dangers of predatory lending. And the OCC and FDIC have intervened in usury litigation to try and protect rent-a-bank schemes. And this last summer, they both finalized regulations that--and I emphasize these regulations have already been challenged by the Coalition of State Attorneys General, but these regulations, if upheld, will basically bless this kind of rent-a-bank arrangement. And they say if the bank's name is on the loan, it doesn't matter what the real facts are, it doesn't matter that the bank did absolutely nothing with the loan, we are going to treat it as a bank loan. Chairwoman VELAZQUEZ. Thank you. Mr. LEVITIN. And that just allows the banks to rent out their Federal regulatory privileges, which isn't how the system should work. Chairwoman VELAZQUEZ. Thank you. Thank you very much. Ms. Tshering, as someone who played a key role in the push for New York's TILA for Small Business that awaits Governor Cuomo's signature, I just want to ask you, what are some of the hallmarks of the New York legislation that you think must remain in any federal legislation? Ms. TSHERING. Well, one thing for sure, something we have been--you know, each witness has said over and over again, you know, very important that we are able--you know, a borrower is able to compare apples to apples. So key is the APR, so they are able to see what the loan is going to cost. The second is, you know, no prepayment penalties. What we are asking for asking for is transparency. And as you, and earlier, Ranking Member Chabot referred to, you know, we are talking about business owners. This is an opportunity for them to build assets and wealth. But what happens is when they take on these loans, which are, you know, not very clear about what the costs are involved, then they are really stripped of their assets. Chairwoman VELAZQUEZ. Thank you. Ms. TSHERING. So what we are asking for is very simple: We are asking for transparency and clarity. Chairwoman VELAZQUEZ. Thank you. Thank you. My time has expired. Now I recognize the Ranking Member, Mr. Chabot, for 5 minutes. Mr. CHABOT. Thank you, Madam Chairman. Thank you. And I will go to Mr. Hiles. Mr. Hiles, as you know, a number of FinTech companies did participate in the PPP program, the Paycheck Protection Program. Moving forward with respect to the SBA and their other existing programs, like the 7A loans program, the 504 loan program, the microloan program, those types of things, how do you see FinTech now fitting into those programs in the future? And how would you like to see, you know, that relationship progress, FinTech and the SBA? Mr. HILES. Chairwoman, Ranking Member Chabot, thank you for the question, and that is a good question. A couple of things. One is that, as I stated in my initial testimony, that SBA is going to continue to be subjected to the--call it idiosyncrasies and the disruption that is taking place in the financial institution, and the financial services market right now for those myriads of market forces and technology reasons. The opportunity to define standards first as opposed to being necessarily highly prescriptive about the technology but then working with the--not only the financial institutions, but the technology providers and the folks that build technology, to innovate and come up with new solutions that would optimize the management of the documents and the data and all of the loan applications, the borrowing applications, you know, all of the TRID compliance, everything that goes along with these loans from a documentation standpoint, but then optimize and bring a high degree of efficiency and optimization as an administration, and then be a leader that sets the standard forth about those programs beneath which the FinTech industry, and then ultimately, the traditional financial services industry, can follow suit and operate. If you are looking for the private sector to establish these kinds of standards and then adopt them, I think that we have leaked pretty far in terms of technology innovation and where we are at, and we are scrambling to figure out how to incorporate that into traditional organizations. And now is a time for leadership. And much like the Federal Government established the standards that ultimately became the internet and the world wide web, we are in the throes of potentially doing the same with finance and financial records. And so, I would highly admonish the stakeholders across the board to consider this type of opportunity right now with the industry. Mr. CHABOT. Thank you. And then, finally, as Congress continues to examine the role of your industry, FinTech companies, do you have any recommendations for us? And, you know, especially relative to regulations, you know, more regulations versus the trend that we have tried to establish in government in recent years is to reduce unnecessary regulations or duplicative things, you know, so we don't kill the goose that laid the golden egg here for the economy and otherwise. So do you want to weigh into that with the additional time I have available to you here? Mr. HILES. Certainly. Thank you. There would be a couple of key areas. One of the things that we like to do is we like to start with the regulation first, and then work our way backwards into the technology itself. And I think that there is this resistance to technology in general. It is frightening. It is hard to understand. And the idea that people are using technology to necessarily skirt the regulations isn't necessarily true. Once again, it goes back to those standards. I have seen some interesting things coming out of OCC and interim Director Brooks talking about how payment providers would ultimately end up with some form of de facto charter. I know that that has raised a lot of red flags with banking--you know, division of bankings with the States already. So it is going to be an interesting dynamic to see how we get there in terms of getting past the logjam that exists with banking and tech now. Do we leapfrog it forward with technology companies that become financial institutions? Not real sure at this point. But Congress does absolutely have an opportunity to lead the discussion as opposed to being responsive and waiting for the--hopefully, you know, at some point, there would be a solution, but historically, that has tended to be not necessarily the case when it comes to standard setting, and that is where I believe the Small Business Administration has the opportunity to really drive this conversation forward. Mr. CHABOT. Thank you very much. And, Madam Chair, I think my time is expired, and I do have a 3:00 commitment, so I will be dropping off shortly. Chairwoman VELAZQUEZ. Yes. Mr. CHABOT. But I thought this was an excellent hearing. I want to thank all the witnesses for their fine testimony. I yield back. Chairwoman VELAZQUEZ. Thank you. The gentleman yields back. Now we recognize the gentleman from Pennsylvania, Mr. Evans, for 5 minutes. You need to unmute. Mr. EVANS. Okay. Can you hear me now? Chairwoman VELAZQUEZ. Yes, we can hear you. Mr. EVANS. Yes. I just want to follow up to something that the Chairwoman was talking to the professor regarding what you described about State policy and Federal policy. How do financial technology leaders ensure compliance with equal credit opportunities and unfair banking rules? Is what I heard in the discussion you were having with the Chairwoman, is that the same situation? Mr. LEVITIN. No, that is not. So there is no--the rent-a- bank situation does not enable nonbanks to evade fair lending laws. They are still subject to--whether it is the bank or the nonbank partner, someone there is subject to fair lending laws. The problem on the fair lending side is that the--that if you want to do fair lending enforcement or looking for disparate impact, you need to have data. And section 1071 of the Dodd-Frank Act enacted a decade ago calls for the collection by the Consumer Financial Protection Bureau of data on small business lending. Unfortunately, the Consumer Financial Protection Bureau has not yet implemented the regulations necessary to effectuate that, so we don't have any data being collected. I would suggest that, you know, at least a temporary stopgap measure would be for any further Federal assistance that is given out under, sort of, additional--I am not sure what we are going to call it--CARES Act round 2 or what have you, HEROES Act, any additional--that there be requirements that lenders start collecting and submitting data on the race, the ethnicity, and the gender at least of the parties that are assisted, so we have a better understanding of where money is flowing and making sure that it is being made available equitably to everyone in society. Mr. EVANS. Thank you. And I yield back the balance of my time. Thank you, Madam Chairperson. Thank you for your leadership. Chairwoman VELAZQUEZ. Thank you. The gentleman yields back. Let me thank all of our witnesses today for their testimony. We have explored some of the risks FinTech lending presents for small businesses, and also some of the benefits. It has become clear to me that there is a way to leverage those benefits, greater speed, affordability, and accessibility, and translate them into gains for small business owners. Also, we have heard from lenders who can sustainably make these loans, create the partnerships necessary to bring the mission-based lending model online, and help the small businesses grow and create jobs without resorting to deceptive or abusive practices. However, it also remains clear to me that much more needs to be done in this space to eliminate unfair and abusive practices by predatory lenders who have no interest in helping small businesses grow or helping a community flourish, only to enrich themselves at the cost of the small businesses. Congress must follow the lead of New York and California who are actively working to ensure a safe, fair, and affordable small business lending market. I ask unanimous consent that members have 5 legislative days to submit statements and supporting materials for the record. Without objection, so ordered. If there is no further business before the Committee, we are adjourned. [Whereupon, at 2:55 p.m., the Committee was adjourned.] A P P E N D I X [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]