I thank the chairman for his leadership. Mr. Chairman, we all know that small businesses and entrepreneurs are what drive the American economy. We meet them in our districts and we see firsthand the benefits that their dreams and hard work…
I thank the chairman for his leadership.
Mr. Chairman, we all know that small businesses and entrepreneurs are what drive the American economy. We meet them in our districts and we see firsthand the benefits that their dreams and hard work provide to our constituents and to our communities.
These innovators, entrepreneurs, and risk-takers are really small- business people who are critical for our country's economic prosperity. Small businesses helped to create more than 60 percent of the Nation's net new jobs over the past two decades. So if our Nation is going to have an economy that provides opportunities for every American, then we must promote and encourage the success and growth of our small businesses and our startups.
In order to succeed, these companies need capital and credit--the lifeblood for growth, expansion, and job creation. Yet, the government continues
to construct arbitrary walls that cut them off from essential financing as smaller companies are caught up in red tape that was created, frankly, for the largest public companies, but those public companies have the financial means to hire lawyers and accountants and management consultants and all of those things that would then guide them through the sheer weight, volume, and complexity of the Federal securities laws.
Congress has made strides in tailoring the regulatory environment for smaller companies, most notably when we passed with strong bipartisan support the Jumpstart Our Business Startups, or JOBS Act, in 2012. The JOBS Act's benefits are notable as more and more companies use its provisions to raise investment capital in both the public and private markets.
One essential form of capital for many startups comes from angel investors--sophisticated, high net-worth individuals who invest their own money into startups and other early stage companies. Not many college students of whom I am aware would fit that definition of a sophisticated, high net-worth individual. In 2015, angel investors deployed over $24 billion to about 71,000 startups--many of these investments going to companies in their own communities and States. Beyond capital, angels provide advice and guidance to help these companies succeed and create jobs.
Mr. Chairman, I believe that it is important to note that companies such as Amazon, Costco, Facebook, Google, and Starbucks, among a myriad of others that we have not necessarily heard of as public names, were all initially funded by angel investors. Without angel investors, these very successful companies would have never gotten off the ground.
Yet, the Securities and Exchange Commission, whose neglect of its statutory mission to facilitate capital formation necessitated that Congress pass the JOBS Act in the first place, has further restricted startups from interacting with angel investors at demo days and similar pitch events. Startups rely on demo days and similar events to build relationships with angels and other investors and generate interest in their companies and their ideas. These events existed prior to the JOBS Act, but the SEC's rules jeopardize their future.
H.R. 79, the Helping Angels Lead Our Startups, or HALOS Act, is a commonsense, bipartisan bill that is aimed at removing a significant regulatory hurdle for innovative companies and startups that seek early stage equity investments. Specifically, the HALOS Act would clarify that these demo days, which are sponsored by angel investor groups, universities, municipalities, and nonprofits, are not considered to be general solicitations and would, instead, ensure that angel funding remains available to those businesses that seek investment capital. These are really educational opportunities.
Mr. Speaker, some of our colleagues on the other side of the aisle will claim that the HALOS Act guts critical investor protections and will subject honest, hardworking Americans to rampant fraud. We just had an example of college students being brought up. That is simply not true.
A company that offers securities to investors under these rules may only sell their securities to sophisticated or accredited investors. If these individuals do not meet the standards of an accredited investor, they are not then eligible or even allowed to invest in these types of startups that would participate in a demo day.
Instead, the HALOS Act is a simple, bipartisan, bicameral, and, I might add, short bill that will provide small innovative companies and startups the ability to interact with angels and other investors who can provide the capital that they need to succeed, grow, and create jobs.
Indeed, Senator Chris Murphy of Connecticut said it best when he introduced the HALOS Act last Congress: ``I have heard from local entrepreneurs and interested backers alike that the most important thing we can do to help these businesses is to make it easier for angel investors to put capital behind them--and that is exactly what our bipartisan HALOS Act will do.''
Mr. Chair, that was Senator Chris Murphy of Connecticut.
I commend the efforts of Representatives Chabot and Sinema for working together across the aisle on a bipartisan, positive solution.
Last Congress, the HALOS Act passed this very body with an overwhelming bipartisan vote of 325-89. I have high hopes that H.R. 79 will enjoy another strong, bipartisan vote.
I encourage all my colleagues to support its adoption.
Mr. Chairman, I yield 3 minutes to the gentleman from Illinois (Mr. Hultgren).
Mr. Chair, I yield 2 minutes to the gentleman from Texas (Mr. Williams).
Mr. Chairman, I yield 2 minutes to the gentleman from Tennessee (Mr. Kustoff), a new member of the House Financial Services Committee.
Mr. Chair, I yield 2 minutes to the gentleman from Illinois (Mr. Schneider) for 2 minutes.
Mr. Chairman, may I inquire as to the balance of time remaining on both sides.
Mr. Chair, I yield 2 minutes to the gentlewoman from Arizona (Ms. Sinema), the coauthor of this bill.
Mr. Chairman, I yield 2 minutes to the gentlewoman from Florida (Mrs. Murphy) and welcome her as a new Member.
Mr. Chairman, I yield myself the balance of my time.
I have actually had the pleasure and the honor of sitting through a number of these demo days and seeing these pitches being made. People are coming in, and they are literally laying out their dreams, their hopes, and, frankly, their hard work because they wouldn't be there that day if it wasn't for their hard work. They are looking for a couple of things. As small businesses and entrepreneurs, they are looking for capital and credit. We use the word ``capital'' a lot around here, but think of it as cash and credit. They really are looking for someone who will buy into their dream, who will look at their hard work, and who will understand that their dreams can become a reality with hope. This bill is trying to do that.
Members are hearing a lot of doom and gloom on the other side. In fact, I think the phrase was just thrown out, financial doom for the retail investor. Let's talk about these retail investors.
For you to become an accredited investor, someone who would qualify to be able to invest in these startup companies, according to SEC rule 501, you need to be married, jointly; $300,000 in income; and $1 million of net worth, excluding your home. So you cannot include a million-dollar home. You have to have $1 million net worth outside of your home and have an income of $300,000. Earlier, college students were brought up. Not a whole lot of college students that I am aware of have $300,000 annual income or $1 million net worth.
These are people who are sophisticated, typically. They are high net worth, by definition. Interestingly enough, as Members of Congress, if we allowed some of these amendments to go through and these restrictions to go through, as Members of Congress, we would be excluded from the room. We would be excluded. We couldn't even go in there to educate ourselves about how this process works. That, ultimately, is what this is about.
Those pitch days are not just for those people who are going to invest. Those pitch days are not just for the people who are going to do the investing. Those pitch days are for others to learn, to have an understanding.
If you are a college student sitting in the back row, to understand what it looks like to become an entrepreneur, to really become a part of that engine of the American economy, you should be in the room. If you are someone who might be making a pitch later on and want to see how this happens and
works, you ought to be in the room. Let's not exclude those people.
Why would we have a government closed off, closed room, a government- sanctioned closed room that would keep people from understanding and achieving their hopes and dreams and success?
I am pleased to be up here and to talk about this issue because we know that for our standing in the world, we need to have a dynamic economy. Our dynamic economy starts with our entrepreneurs and the risk-takers who are willing to invest in those ideas.
I just want to commend the gentlewoman from Arizona (Ms. Sinema) and the gentleman from Ohio (Mr. Chabot) for working in a bipartisan manner. I expect we are going to see a massively bipartisan vote for this bill, and I eagerly await that. I ask my colleagues to support
Mr. Chairman, I claim the time in opposition to this amendment.
Mr. Chairman, so here is the alternate reality you are expected to believe in this scenario that has been created. You are going to have somebody wander off the street with their checkbook in their pocket, listen to a 3- to 5-minute pitch on an idea that is going to change the world, and then they are going to sign away their financial future and life savings. That is the scenario that is being painted for you out there today by the opponents of this commonsense legislation.
Again, to be an investor, you must be an accredited investor, according to the SEC rules, Rule 501, that says you have $300,000 of income annually and a net worth of $1 million outside of your home. Owning your house doesn't count towards that.
I have been to these pitch days. You know what you are walking into. You don't just stumble on it and go: Wow, what's going on here?
I have never thought about this. Tell you what, I am going to write a five- or six- or seven-figure check today and put myself into financial ruin. That is not how these things work.
Mr. Chairman, at the end of the day, I think it is important to just review a little bit of the history here.
First of all, this amendment isn't necessary. It would create yet another SEC-required disclosure and further burden the ability for startups to present their ideas to demo days.
I would note that this amendment could have been offered last March, either in committee or while we here in the House had consideration last April 2016. However, in both cases that didn't occur.
Let's remember why we are here today, Mr. Chairman. When the SEC promulgated the rules to implement Title II of the JOBS Act, the agency made something that was legal prior to April 5 of 2012 suddenly illegal. The SEC decided that demo days that bring together those entrepreneurs and those companies suddenly became a general solicitation.
That isn't the case, and this amendment would require the SEC to prescribe a disclosure that ``describes the nature of the event and the risks of investing in securities being advertised.''
There is no sale that day, Mr. Chairman. No sale at all is going to happen. There is no exchange that happens at that event.
This amendment is unnecessary, overly broad, and would delay the return to the certainty that the pre-JOBS Act had brought.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I have no further speakers on this amendment.
Mr. Chairman, you just heard the author of the amendment make the case that this is a complicated process in general that an unaccredited person is not going to be allowed to invest in. So it requires the event sponsor to provide attendees with a written disclosure outlining the nature of the event and the risks of investing in the securities for sale. It is not an offering that is happening at those demo days. I would ask my colleagues to oppose this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I claim the time in opposition to this amendment.
Mr. Chairman, once again, we are seeing an unnecessary, duplicative amendment here. The amendment, as it is laid out, creates a new definition of an issuer. The Securities Exchange Act already defines an issuer, and Ms. Waters' definition is vague, confusing and, frankly, unnecessary.
Demo days are opportunities for startup companies to present their ideas to potential investors that are accredited. Again, accredited. At this point, all of America is shouting back at C-SPAN, saying, $300,000 in income
per year with $1 million net worth, excluding their home. We get this out there. This is not a solicitation or offering a security.
So what I am, quite honestly, concerned about and maybe a little confused about is the point of the HALOS Act trying to fix a problem. It is trying to fix a problem.
Remember, we want to expose entrepreneurs and their ideas to the broadest pool of potential investors that includes angel investment community, again, of accredited investors. This requirement raises serious compliance concerns for angel investors. It would require entrepreneurs and startups to perform a compliance function that they may not have the physical or financial means to do so. Again, it is just an additional burden and barrier to entry for entrepreneurs.
Again, these are--the entrepreneurs typically aren't the ones that have $300,000 of annual income or $1 million net worth because, frankly, then they wouldn't have to be at the pitch. They could fund it themselves.
The idea is to make sure that those ideas, those people who are looking for an opportunity are given the broadest opportunity possible. And I think what we are seeing here is a reaction to the notion that, you know what? Maybe people can handle this on their own instead of the government needing to step in and be so overly prescriptive and control every decision that they are making.
You are seeing a reaction on the other side to that, to that notion of freedom, that idea of an entrepreneurial spirit; this idea that we all need to be wrapped in bubble wrap as we go out into the world. That is not government's role or job.
Outside of those prescriptions that are already in place, again, we are talking about a narrow group of investors with $300,000 of net income annually, and $1 million net worth who would even qualify to invest in those.
Why we would wall this off from others seeking to learn and to see an opportunity, I just simply don't understand.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, in closing, I cannot support an amendment that makes it more difficult for startups to receive the crucial funding that they need to grow and create new jobs. Again, these are people pursuing their dreams, their hopes. They need capital and credit. They need cash and credit to go fulfill those.
Mr. Chairman, I actually believe in the SEC. I believe that the rules that they operate under are sufficient. I believe in the JOBS Act. I believe in the HALO Act that will provide the proper protections to investors, again, qualified investors with a $300,000 income and a $1 million net worth.
There are proper protections in place. This amendment does nothing but add additional burden to those seeking the investment and those seeking to invest. I request opposition from my colleagues.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I move that the Committee do now rise.