S. 2765Senate115th Congress (2017-2019)Enacted

RBIC Advisers Relief Act of 2018

Introduced April 26, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:40 PM UTC

The RBIC Advisers Relief Act of 2018 changes the Investment Advisers Act to give a registration exemption to investment advisers that only advise Rural Business Investment Companies (RBICs) or companies that have received a USDA letter of conditions or are affiliated with RBICs. By treating these advisers as venture‑capital‑type funds, the bill also removes their assets from certain regulatory limits. The changes affect investment advisers, RBICs, and private funds linked to those companies.

Key Provisions

  • Adds a new exemption (paragraph 8) to Section 203(b) that excludes advisers who solely advise RBICs or companies with USDA letters of condition or affiliated with RBICs from registration requirements.
  • Amends the definition of "venture capital fund" in subsection (l) to include the newly exempted RBIC advisers.
  • Excludes the assets of those RBIC‑related private funds from the asset‑under‑management limit in subsection (m).
  • Updates Section 203A(b)(1) to allow persons exempt under the new paragraph (b)(8) to be treated as supervised persons for state‑law compliance.

Legislative Activity

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19 earlier actions
Became Law Latest Action

Became Public Law No: 115-417.

January 3, 2019

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SenateIntro Referral

Introduced in Senate

April 26, 2018

SenateIntro Referral

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

April 26, 2018

SenateCommittee

Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-354.

June 26, 2018

SenateCommittee

Senate Committee on Banking, Housing, and Urban Affairs discharged by Unanimous Consent.(consideration: CR S6881-6882)

October 11, 2018

SenateDischarge

Senate Committee on Banking, Housing, and Urban Affairs discharged by Unanimous Consent. (consideration: CR S6881-6882)

October 11, 2018

SenateFloor

Passed Senate without amendment by Unanimous Consent. (text: CR S6882)

October 11, 2018

SenateFloor

Message on Senate action sent to the House.

October 12, 2018

HouseFloor

Received in the House.

October 16, 2018 • 10:02 AM

HouseIntro Referral

Referred to the House Committee on Financial Services.

October 16, 2018

HouseFloor

Mr. Huizenga moved to suspend the rules and pass the bill.

December 20, 2018 • 12:39 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10416-10417)

December 20, 2018 • 12:39 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2765.

December 20, 2018 • 12:39 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

December 20, 2018 • 12:42 PM

HouseFloor

Considered as unfinished business. (consideration: CR H10437)

December 20, 2018 • 2:28 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 389 - 0 (Roll no. 458).(text: CR H10416)

December 20, 2018 • 2:31 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 389 - 0 (Roll no. 458). (text: CR H10416)

December 20, 2018 • 2:31 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 20, 2018 • 2:31 PM

President

Presented to President.

December 27, 2018

Became Law

Signed by President.

January 3, 2019

Became Law

Became Public Law No: 115-417.

January 3, 2019

Floor Debate

5 members

What members said about S. 2765 on the floor

3 Republicans2 Democrats
Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Dec 21, 2018

Mr. Speaker, I missed some votes on Wednesday, December 19, all votes on Thursday, December 20, and some votes today. Had I been present, I would have voted as follows: Roll Call Vote Number 440…

Bill Huizenga
Rep. Bill HuizengaR-MI-2 · Dec 20, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (S. 2765) to amend the Investment Advisers Act of 1940 to exempt investment advisers who solely advise certain rural business investment…

Wm. Lacy Clay
Rep. Wm. Lacy ClayD-MO-1 · Dec 20, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased that the House is taking up S. 2765, a bill that shows once again that Democrats support investment, job creation,…

Mitch McConnell
Sen. Mitch McConnellR-KY · Oct 11, 2018

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be discharged from further consideration of S. 2765 and the Senate proceed to its immediate…

Thomas Massie
Rep. Thomas MassieR-KY-4 · Dec 20, 2018

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 2765

AN ACT

To amend the Investment Advisers Act of 1940 to exempt investment advisers who solely advise certain rural business investment companies, and for other purposes.

1.

Short title

This Act may be cited as the RBIC Advisers Relief Act of 2018.

2.

Advisers of RBICs

Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3(b)) is amended—

(1)

in subsection (b)—

(A)

in paragraph (6)(B)—

(i)

by adjusting the margins accordingly; and

(ii)

by striking the period at the end and inserting a semicolon;

(B)

in paragraph (7)(C), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(8)

any investment adviser, other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53), who solely advises—

(A)

rural business investment companies (as defined in section 384A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc)); or

(B)

companies that have submitted to the Secretary of Agriculture an application in accordance with section 384D(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–3(b)) that—

(i)

have received from the Secretary of Agriculture a letter of conditions, which has not been revoked; or

(ii)

are affiliated with 1 or more rural business investment companies described in subparagraph (A).

;

(2)

in subsection (l), by adding at the end the following:

(3)

Advisers of RBICs

For purposes of this subsection, a venture capital fund includes an entity described in subparagraph (A) or (B) of subsection (b)(8) (other than an entity that has elected to be regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53)).

; and

(3)

in subsection (m), by adding at the end the following:

(4)

Advisers of RBICs

For purposes of this subsection, the assets under management of a private fund that is an entity described in subparagraph (A) or (B) of subsection (b)(8) (other than an entity that has elected to be regulated or is regulated as a business development company pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a–53)) shall be excluded from the limit set forth in paragraph (1).

.

3.

Relationship to State law

Section 203A(b)(1) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3a(b)(1)) is amended—

(1)

in subparagraph (C), by striking the period at the end and inserting ; or; and

(2)

by adding at the end the following:

(D)

that is not registered under section 203 because that person is exempt from registration as provided in subsection (b)(8) of such section, or is a supervised person of such person.

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate