Rep. Torres’ Bill to Collect LGBTQ Small Business Loan Data Passes U.S. House of Representatives 

The bill ensures that LGBTQ-owned businesses have equal access to credit and capital 

Washington, D.C.- Today, Rep. Ritchie Torres’s (NY-15) LGBTQ Business Equal Credit Enforcement and Investment Act (H.R. 1443) passed the US House by a vote of bipartisan 252-176. The bill would require financial institutions to collect data on LGBTQ-owned businesses’ access to credit and capital, and amend part of the Equal Credit Opportunity Act, which requires financial institutions to collect data on credit applications submitted by minority- and women-owned small businesses. 

“This bill would make credit more accessible, credit laws more enforceable, and creditors more accountable,” said  Rep. Torres. “It represents a triumph of transparency in the service of economic opportunity for all, regardless of who you are and whom you love. We have a vested interest in sustaining and strengthening these businesses with equal access to credit, which is the beating heart of the American economy. I am proud to lead the effort to deliver results for LGBTQ small business owners as we continue to rebuild our economy.” 

H.R. 1443, the LGBTQ Business Equal Credit Enforcement and Investment Act would ensure that LGBTQ-owned businesses have equal access to credit opportunities as well as access to the capital they need to grow and create more jobs in their communities. Specifically, the bill would update the Equal Credit Opportunity Act (ECOA) to ensure that financial institutions collect the self-identified sexual orientation and gender identity of the principal owners of small businesses, in addition to their sex, race, and ethnicity. Section 1071 of Dodd-Frank already requires creditors to collect this data, which helps facilitate enforcement of fair lending laws and enables communities, government agencies, and lenders to identify community development needs. This bill would also add a definition for businesses owned by lesbian, gay, bisexual, transgender and queer (LGBTQ+) individuals to the ECOA statute.

There are an estimated 1.4 million LGBT-owned businesses in the U.S. which contribute more than $1.7 trillion dollars to the nation’s economy. According to the National Gay and Lesbian Chamber of Commerce (NGLCC), in 2016, more than 66% of businesses certified by the NGLCC’s Business Enterprise Program identified as gay-owned, 29.1% lesbian-owned, 2.3% bisexual-owned, and 2% as transgender-owned. Certification provides these small businesses with opportunities to overcome historical barriers in access to capital and government procurement contracts.

“The Equality Caucus is proud to see movement on another of our legislative priorities, The LGBTQ Business Equal Credit Enforcement and Investment Act,” said Equality Caucus Chair David N. Cicilline (RI-01). “For far too long, programs designed to assist minority communities have left LGBTQ people behind. That is beginning to change following today’s vote in the House. I thank Co-Chair Ritchie Torres for his tireless efforts to move this forward. I look forward to continuing to deliver results for our community this Pride Month.”

“We cannot fix what we do not track, and so we must pass HR 1443 so America’s economy can achieve its full potential. America’s 1.4 million LGBT business owners add more than $1.7 trillion dollars and tens of thousands of new jobs to the US economy every year, despite the obstacles they face in access to capital, contracts, and more.  The inclusion of LGBT-owned businesses in supply chains throughout America, both public and private sector, is now a best practice of successful economies. It is long past time that the Federal Government track and study the economic needs of America’s LGBT entrepreneurs alongside all other diverse communities so that they can get the help they need to continue creating jobs and innovating industries from coast to coast. This is a critical step toward the goal of including certified LGBT-owned enterprises in federal procurement, which will finally declare America open for business with its invaluable LGBT citizens,” said Justin Nelson and Chance Mitchell,  Co-Founders, National LGBT Chamber of Commerce. 

“The loan-level data this bill collects is critical to ensure LGBTQ-owned businesses are treated fairly by banks and lenders so they can effectively compete, create new opportunities, invest in employees, and uplift their communities,” said Spencer Watson, Executive Director for Center for LGBTQ Economic Advancement & Research. “We need this data now more than ever: the pandemic has decimated the LGBTQ businesses that made the magic happen in communities across the U.S. Equal access to fairly-priced lending capital will empower LGBTQ businesses to invest in rebuilding themselves, their communities, and help bring the magic back,” said Spencer Watson, President and Executive Director of the Center for LGBT Economic Advancement & Research.

“The Center for American Progress found half of LGBTQ people reported discrimination negatively impacted their financial well-being in the past year, including nearly 70% of transgender people. LQBTQ Business Equal Credit Enforcement and Investment Act will provide critical protections for LGBTQ business owners by mandating the collection of data to not only identify and respond to discriminatory lending practices but also improve financial services for LGBTQ business owners,” said Center for American Progress. 

“At Out Leadership, a global coalition of 85+ companies advocating for LGBTQ+ equality, we believe access to credit is key for LGBTQ+ businesses to flourish.  Representative Torres’ initiative will contribute to creating a level-playing field for LGBTQ+-owned businesses paving the way for greater access to economic opportunities and dignity for the community,” said Fabrice Houdart, Managing Director, Out Leadership.

“LGBTQ+ individuals and families have been harder hit by the COVID-19 pandemic, both in terms of health and economics, than our non-LGBTQ+ counterparts,” said Stacey Stevenson, CEO of Family Equality.  “This critically important bill will help ensure that LGBTQ+ owned businesses receive their​​​ fair share of business capital.  LGBTQ+ people and families did not recover as quickly as the general population from the 2008 Great Recession, so this transparency is especially needed as we all rebuild from the pandemic and the economic crisis it created,” said The Family Equality Council.