I thank the gentleman for yielding. Mr. Speaker, I would like to remind my colleagues that we are still recovering from a massive financial crisis that cost this country $16 trillion, and I would venture to say that we should be more…
I thank the gentleman for yielding.
Mr. Speaker, I would like to remind my colleagues that we are still recovering from a massive financial crisis that cost this country $16 trillion, and I would venture to say that we should be more focused on protecting investors, not removing investor protections. And I would say that all investors deserve to be protected--sophisticated investors, retail investors, pension investors. All investors should be protected, which is why the Obama administration has come out so strongly in opposition to the underlying bill and why the Securities and Exchange Commission, whose mission is to protect investors, is so adamantly, strongly opposed to this bill.
Now, I am sympathetic to the point that my colleagues have raised on the other side of the aisle and on this side of the aisle that some of the reporting and registration requirements are onerous. So let's address that. Let's direct the SEC to come forward with simplified forms, to do it quickly, within 6 months. Let's save money. Let's simplify the process. But let's not remove important investors' protections, such as the fiduciary duty to act in the client's best interest. What is wrong with that? I think that is a moral responsibility, such as the obligation to disclose conflicts of interest.
Now, that is not onerous. How difficult is it to say, yes or no, I have not had any conflict of interest? Or if you are advising your client to invest in your business, then disclose your conflict of interest. What is so onerous about that? That is not onerous. That is easy.
And what is wrong with the obligation to disclose fees? Everyone talks about transparency. That is why we are opposing this bill. We want it to be transparent, and we want to protect investors.
I feel that there are many ways that we could address this that would come forward with a strong piece of legislation that President Obama could sign into law. Instead, he has got a lot of ink in his veto pen, and he has said right out front that he would veto this bill.
Now, if they want to simplify disclosure and registration requirements, then let's do that. Let's require the SEC to come forward with it. Let's simplify the process and save the cost for small businesses. We want to save that cost.
Honest private equity firms have grown jobs in this country, and it is important to grow jobs. It is important to support them in every single way. But removing all investor protections, according to the Obama administration, would literally assault the safety and soundness and the strong financial security that we are trying to build in this country.
What is wrong with protecting investors? That is what we are saying. I have an amendment which would do just that, protect the investors but simplify the forms and maintain the cost.
If their goal is to save money for the small firms, then let's do that, but let's not erase very important investor protections in the process.
Mr. Speaker, I have an amendment at the desk.
Mr. Speaker, I first want to commend the chairman and the ranking member for their hard and dedicated work on the Financial Services Committee.
I would also like to commend the vice-chairman, Congressman Hurt, for his work on this bill. I agree with him that private equity funds did not cause the financial crisis.
I also agree that many private equity funds--and especially the small private equity funds that invest in middle-market businesses--support jobs across our country. I also agree that for many small equity funds, the cost of complying with every single requirement in the Investment Advisers Act can be burdensome and costly.
However, while I share the goal of reducing unnecessary regulatory burdens on small private equity funds with under $1 billion in assets, I believe that there are better ways to accomplish this goal to reduce the burden, to reduce costs without eliminating important investor protections.
I would say that we should have equality in this country--and equality of treatment for everyone, including investors. If you are a small investor, a large investor, a teacher, an unemployed worker, and you have invested, whoever you are, you should have protections. Aren't we a country of laws and equality of treatment? So my amendment would direct the SEC to create a simplified disclosure form for fund advisers between $150 million and $1 billion, while also retaining important investor protections.
We would reduce the burden, reduce the reporting, reduce the disclosure, simplify the forms, make it easier, but protect the fiduciary duty to act in a client's best interest. Isn't that the moral, right thing to do?
There is the obligation to disclose conflicts of interest and the obligation to disclose fees. I thought we all supported transparency. Well, let's have transparency in these investment funds, too.
I would ask my colleagues on the other side of the aisle who are objecting to this amendment how much of a burden is it to disclose whether or not you have a conflict of interest. You just have to check yes or no, I have a conflict of interest. Then maybe you have to disclose what that conflict is. But that is the fair and right thing to do.
How burdensome is it to disclose fees? Tell people what you are charging them. And how burdensome is it to have the necessary fiduciary duty to act in the client's best interest? Most people think that you are acting in their best interest. I think they would be horrified to know that some Members of this body want to roll back that protection for them.
I would also like to note that in August the SEC did provide relief for
smaller private equity funds from what the industry tells me is one of the most burdensome aspects of registration--the so-called custody rule--which requires that the funds use independent custodians for stocks that don't even trade. So private equity funds have already gotten relief, and I applaud the SEC for this commonsense decision.
The reforms in my amendment would build on this relief and would direct the SEC to act quickly on simplified forms--within 6 months--and save these small businesses money so that money can go out into the community.
The underlying bill grants a complete exemption to private equity fund advisers with under 2 to 1 leverage, which is pretty much the entire industry, because the funds themselves are not leveraged. It is the companies the funds invest in that are leveraged.
The underlying bill is opposed by the Securities and Exchange Commission, whose prime mission is to protect investors, and by President Obama's administration. He has even threatened a veto.
If the problem is the high cost of registry at the SEC and preparing the required disclosures, then the solution is to simplify the registration and disclosures for small equity funds. That is what my bill does. But it also protects investors.
It does not exempt the entire industry from investor protection, which is what the underlying bill does, and I do not believe that that is the intent of my colleagues on either side of the aisle.
So my amendment accomplishes the express goal of saving money and simplifying, but protects the integrity of our financial system and investors.
I urge everyone to support my amendment, and I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.