Mr. Speaker, pursuant to House Resolution 429, I call up the bill (H.R. 1105) to amend the Investment Advisers Act of 1940 to provide a registration exemption for private equity fund advisers, and for other purposes, and ask for its…
Mr. Speaker, pursuant to House Resolution 429, I call up the bill (H.R. 1105) to amend the Investment Advisers Act of 1940 to provide a registration exemption for private equity fund advisers, and for other purposes, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and submit extraneous material for the Record on H.R. 1105, currently under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, since Congress was not in session last week, perhaps some of my colleagues missed the front page headline from The Washington Post. I read: ``Among American Workers, Poll
Finds Unprecedented Anxiety About Jobs and Economy.''
According to the report, American workers are living with ``unprecedented economic anxiety.'' More than six in 10 worry that they will lose their jobs. Nearly one in 3 say they worry a lot about losing their jobs.
The article goes on to mention an American named John Stewart who wakes up every morning at 1:30 a.m. for a 2-hour commute to catch two different buses in Philadelphia so he can get to work on time. In the newspaper, he said: ``I can't save money to buy the things I need to live as a human being.''
Mr. Speaker, we don't have to read The Washington Post. All we have to do is listen to our own constituents, since even today millions-- millions--of our fellow countrymen remain unemployed and underemployed.
I hear these stories every week myself. Recently, I heard from Ida in Wills Point, Texas, in the Fifth Congressional District that I represent. She and her 79-year-old husband own a small trucking company. She wrote me that ``because of increasing regulations in taxes in the past 4 years, we have lost all but two of our trucks.'' She goes on to write me: ``My husband is the only driver right now because I can no longer drive. He drives full-time 3,500 miles a week most weeks because we can't live on his Social Security.'' She says: ``We are really stuck in a hole.''
Millions, Mr. Speaker, are ``stuck in a hole.''
Today, we have an opportunity, Mr. Speaker, to do something to help raise many of our fellow countrymen out of that hole of economic anxiety and economic hardship. Today, we have the opportunity to pass H.R. 1105, the Small Business Capital Access and Jobs Preservation Act.
I want to commend the bipartisan group of Members--two Republicans and two Democrats--who introduced the bill: Mr. Hurt of Virginia, Mr. Himes of Connecticut, Mr. Garrett of New Jersey, and Mr. Cooper of Tennessee.
As chairman of the Financial Services Committee, Mr. Speaker, I want to thank all the members of the committee who came together across party lines to approve the bill. Mr. Speaker, nearly one-third of the Democrats who sit on our committee joined with 30 Republicans in supporting H.R. 1105. In short, Mr. Speaker, this is, indeed, a bipartisan jobs bill.
We know that small businesses face an incredible red tape burden. In fact, a recent survey of the National Federation of Independent Business said that ``government regulations and red tape are the single most important challenge that small businesses face in creating and preserving jobs.''
Mr. Speaker, I heard from another small business person in Grand Saline, Texas, in my district. He said because of overregulation ``our business has devolved from one that provides a service for a customer into one that provides that same service as an afterthought while our real efforts go into paperwork.''
Mr. Speaker, we can debate the relative merits or demerits of the Dodd-Frank Act; but even the primary author himself, former Chairman Frank, admitted that perhaps not every aspect of Dodd-Frank achieved perfection. And many of us would argue on a bipartisan basis that the part of the act that requires small business investors who are private equity advisers to register with the SEC is perhaps one of those provisions that is in need of reform.
This is a provision, Mr. Speaker, that many of us believe was aimed at Wall Street, but ends up hurting Main Street. Because of this provision embedded in Dodd-Frank, smaller firms that invest in entrepreneurs and in small businesses face yet one more significant regulatory cost, regulatory burden, more red tape.
As one of the small business investors testified before our committee, it is going to cost his company $200,000 every year to comply with the regulation. He went on to say:
While for some larger firms this is an insignificant cost,
for a medium-sized firm such as ours that offers capital to
small businesses, it is a significant expense.
And pay attention to this, Mr. Speaker. He said:
This money comes directly out of our funds intended for
investment into Main Street.
In today's economy, to help pull these people out of this hole of economic anxiety, we need more private sector, more private equity investment into Main Street. Private equity equals small business jobs.
In fact, Mr. Speaker, between 1995 and 2010, 23,000 different companies across our Nation benefited from private equity investment, employing 3 million different people, and the investments that are made by private equity historically have grown jobs at three times the rate of other companies.
And so what does this look like? I have to tell you, Mr. Speaker, it look likes an outfit called New Mountain Capital that invested in a company named Inmar, a national coupon and reverse logistics processing company. By helping them update their IT with a $100 million investment, they now support 4,200 different employees.
The face of private equity looks like Capital South Partners that invested in a North Carolina firm, Vita Nonwovens, and now they have 95 employees in High Point, North Carolina, and I should add parenthetically, another 55 employees in my native Texas. This is the face of private equity. These are some of the small business jobs that are being created.
Now, we may hear from some that this is needed to somehow battle Wall Street, but let me tell you what private equity is not. Private equity it is not Wall Street. It is not complex derivatives trading. It is not currency swaps. Mr. Speaker, it is not about systemic risk. That is not what this is about. And so, again, this was a provision aimed at Wall Street that, unfortunately, is hitting Main Street.
It is time to make sure that Americans like John in Philadelphia can live like a human being. It is time to make sure that constituents like mine, Ida and her husband, don't have to drive 3,500 miles a week just so they can put food on the table.
Mr. Speaker, it is time, again, for this institution to put jobs first, not regulators first, but jobs first. I urge all of my colleagues to adopt H.R. 1105.
I reserve the balance of my time.
Mr. Speaker, I am now privileged to yield 5 minutes to the gentleman from Virginia (Mr. Hurt), the primary author of this legislation, a real leader on our committee and in this Congress in creating jobs.
Mr. Speaker, at this time I am very happy to yield 4 minutes to the gentleman from New Jersey (Mr. Garrett), a coauthor of the legislation and the chairman of the Capital Markets and GSE Subcommittee.
Mr. Speaker, I am now pleased to yield 2 minutes to the gentleman from Illinois (Mr. Hultgren).
Mr. Speaker, I now yield 1\1/2\ minutes to the gentlewoman from Missouri (Mrs. Wagner).
Mr. Speaker, I yield myself 30 seconds to say that the gentleman from Massachusetts sets up a straw man and then knocks it down. The activities that he describes as illegal continue to be illegal, and I would say that private equity funds provide extensive reporting to investors, including audited annual financial statements.
Private fund equity advisers are subject to the antifraud provisions of the Investment Advisors Act of 1940, whether they are registered or not, and fund offerings are subject to the antifraud provisions of the Securities Act of 1933.
The real choice becomes, are we going to get even greater protections for millionaire investors, or are we going to help struggling single moms trying to find a job in this economy?
Mr. Speaker, at this time I am happy to yield 2 minutes to the gentleman from Ohio (Mr. Stivers).
Mr. Speaker, I am very pleased now to yield 1 minute to the gentleman from Tennessee (Mr. Fincher).
Mr. Speaker, I yield myself 1 minute.
Again, I want to address the gentleman from Massachusetts who, again, I believe, sets up a straw man only to knock it down.
I would urge all Members to actually read the bill. I know that many of my Democratic colleagues now have buyer's remorse from not reading the 2,000-page ObamaCare bill, but, Mr. Speaker, this is a two-page bill, 36 lines.
And I would say to my friend, the gentleman from Massachusetts, that on page 2, that the SEC can ``require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary.''
So to make the assertion that these records of foul play could never exist is simply not true.
I yield myself an additional 30 seconds.
I would say to my friend, the gentlelady from New York who made the assertion that the SEC is opposed to this bill, that the SEC has not opposed this bill. One member, Mary Jo White, has issued an opinion that she does not support the legislation, but the SEC has taken no official position.
With respect to a threatened veto, I don't recall that when my Democratic colleagues had the majority here that they refused to pass bills simply because President Bush threatened to veto. But I must admit, our committee has produced, I believe it is, at least 10 or 11 bipartisan bills which all received veto threats from a President who says he wants to work on a bipartisan basis. This is most regrettable.
Will the gentleman yield?
By definition, it is private equity. It is not a public fund.
Mr. Speaker, I am very happy to yield 2 minutes to the gentleman from New Jersey (Mr. Garrett), a coauthor of the legislation and the chairman of our Capital Markets and GSE Subcommittee.
I yield the gentleman an additional 30 seconds.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, listening to some of my colleagues on the other side of the aisle, it is hard not to conclude that some of them have never met a regulation that they didn't like, regardless of what it does to the hopes, dreams, and aspirations of the unemployed and underemployed in America.
As I look over your chair, Mr. Speaker, and see the words, ``In God We Trust,'' I sometimes question whether some Members would like to take down the word ``God'' and replace it with ``regulators'': In Regulators We Trust.
The question has never been, Mr. Speaker, the question between regulation and deregulation. The question is between smart regulation and dumb regulation; and in order to make that determination, one needs to see what cost is being imposed, again, on the hopes and dreams and aspirations of the unemployed and the underemployed.
Why does this underlying regulation need to be there in the first place? Is it systemic risk? Well, even the chairman of the SEC has admitted that private equity played no role in the financial crisis.
We know in terms of the economy, private equity may represent somewhere on the order of 1.5 to 2 percent of GDP. There is no evidence of interconnectedness, which many maintain is at the root of systemic risk.
So what are they trying to protect? Well, investor protection. This is all about giving additional protection to millionaire investors at the expense of single moms trying to make ends meet. I am not really sure that meets the test of smart regulation.
We know already that private equity fund advisers are subject, as they well should be, to the antifraud provisions of the Investment Advisers Act of 1940, whether they are registered or not. Fund offerings are subject to the antifraud provisions of the Securities Act of 1933. The SEC still has the ability to ensure that proper documentation is maintained.
No, we do not want to see any investor, regardless of sophistication or income, be subject to coercion or fraud. But, at the same time, we don't want to deny small businesses--the job engine in America--the funding they need to put America back to work.
There are many companies today that we recognize--Dunkin' Donuts, Baskin-Robbins, Petco, Skype, J.Crew--that all have benefited from private equity. Where would the tens of thousands, if not hundreds of thousands, of jobs they represent be today if private equity had to face yet another burden that is going to cost these small investment firms half a million dollars, a million dollars?
Today, we haven't really heard that much about company likes Entrust or Universal Smart Comp, but maybe they are tomorrow's Petco or tomorrow's Toys ``R'' Us.
And so it really comes down to this, Mr. Speaker, again: Are there going to be additional protections for multimillionaire investors, or are there going to be additional protections and opportunities for unemployed single moms trying to make ends meet?
Our side of the aisle said, Let's help the single mom. Let's pass H.R. 1105, and put America back to work.
I yield back the balance of my time.
Mr. Speaker, I rise in opposition to the amendment.
I yield myself such time as I may consume.
Mr. Speaker, the amendment, regardless of how well-intentioned it may be, functionally guts the bill and is essentially redundant of current law in Dodd-Frank.
And I grant the gentlelady, who is a very senior and thoughtful member of our committee, that her provision is perhaps more articulate than the underlying law, but section 408(n) of Dodd-Frank already says:
In prescribing regulations to carry out the requirements of
this section with respect to investment advisers acting as
investment advisers to mid-sized private funds, the
Commission shall take into account the size, governance,
investment strategy of such funds.
It goes on to say:
The Commission shall provide for registration and
examination procedures with respect to the investment
advisers of such funds which reflect the level of systemic
risk.
So, again, it is essentially redundant of what is already in current law.
According to the Private Equity Growth Council, on average it is taking $1.8 million for the initial Dodd-Frank compliance cost and an additional $1.3 million each year in Dodd-Frank compliance costs. All for what? We already have underlying investor protections in place.
There is no evidence presented whatsoever that this has anything to do with systemic risk, all at the cost of jobs, at a time when, again, Mr. Speaker, tens of millions of our countrymen are struggling. They are underemployed, unemployed.
Again, who are we going to help? Are we going to help regulators? Are we going to help millionaire investors? Are we going to help struggling Americans trying to pay the bills? We should oppose this amendment, Mr. Speaker.
At this time, I would be very happy to yield 2 minutes to the gentleman from Virginia (Mr. Hurt), again, the author of H.R. 1105.
Mr. Speaker, how much time do I have remaining?
I yield myself the balance of my time.
Mr. Speaker, again, historically, private equity has invested in tens of thousands of small businesses, and it has helped create millions of jobs in America.
The question today is: Are we going to put a roadblock in place of private equity--the small business investment engines--so that we can somehow help regulators?
With all due respect to our regulators--and there are many good ones and many great ones at the SEC--I have never met a regulator who turned down the opportunity to regulate more. I have never met him.
So the question is: Are we going to grant an even greater ability to take funds away from small businesses to create a work product that doesn't meet the commonsense test, the jobs test, the smell test--or any other test--at a time when people are still suffering and wondering how are they going to put gas in the tank; how are they going to take their kids to school; how are they going to afford their health care bills since, clearly, they cannot keep their health insurance even if they want to.
How are they going to do this?
We need private equity to fund small business to get America back to work. We need to defeat this amendment. We need to pass the underlying bill. It is time to be pro-jobs.
With that, Mr. Speaker, I yield back the balance of my time.