Madam Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 3606) to increase American job creation and economic growth by improving access to the public capital markets for emerging growth companies.…
Madam Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 3606) to increase American job creation and economic growth by improving access to the public capital markets for emerging growth companies.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to add any extraneous material on this bill.
Madam Speaker, I yield myself such time as I may consume.
I rise in strong support of the JOBS Act and urge the House to approve this bill today so that we can send it to the President for his immediate signature. The President has indicated that he strongly supports the legislation.
The JOBS Act is a victory for unemployed Americans who are literally crying out for more jobs. It is a victory for small companies and for entrepreneurs who want Washington to reduce the red tape that stifles innovation, economic growth, and job creation. The JOBS Act will do exactly what its title says, jump-start our economy by creating new job opportunities for America's start-up companies and small businesses. And I would like to introduce into the Record some statistics on the number of jobs created by new companies.
As chairman of the Financial Services Committee, I am proud that the JOBS Act is comprised of six pieces of legislation that originated in our committee and received overwhelming bipartisan support. In fact, managing this bill for the minority is the gentleman from Connecticut, who was the sponsor of one of those six bills; and I commend Mr. Himes for his work on all of these bills. The JOBS Act is proof that Republicans and Democrats can come together to find common ground, work together, and offer legislation that will help small businesses. Small businesses are the growth engine of our economy.
A study between 1985 and 2005 found that 96 percent of the jobs created at new companies are created within 5 years of an IPO, and this will give those companies who want to offer an IPO the opportunity to do so at a much reduced cost.
Nearly 65 percent of new jobs traditionally are created by small businesses. Now, that's not the case in this economic recovery. Almost all the job growth has come from large corporations, which is really the opposite of what you normally see. Small businesses have not been created and have not been growing as they should, and there are two reasons for that: one is regulation. These regulations are costly; they're time consuming; and they're simply inhibiting the growth of small businesses. The second reason is a lack of capital.
Now, there are two ways traditionally to raise capital. One is to go to a bank, a lending institution, and ask for a loan. Well, because of tighter lending standards, these new companies don't have a track record, so they don't have
a record of generating profits. Many of them are offering new services, new products that have not really found a market or have a small market. And there is a risk involved. So when banks turn those companies down, the other path is for someone to invest in those companies; and that is exactly what that bill does. It offers those companies an opportunity to receive investments, capital investments from individuals who want to participate not only in the risk but in the reward.
With the JOBS Act, start-up companies--like those at the Innovation Depot in Birmingham, Alabama, where there are several start-up companies with new products, new services--the JOBS Act will allow those companies and companies throughout the United States, people with new ideas, new services, new products, like a Google of the future or an eBay or an Amazon. Take those companies, they didn't exist 20 years ago. Now they're the fastest-growing companies in America. There are other Googles, there are other eBays, there are other Amazons, there are other Costcos, there are other Chick-fil-A's that are just waiting to come to market.
And for that reason, I want to commend the Senate, and I want to thank the sponsors of this legislation. Finally, I want to salute this House for coming together when it counted to address the lack of growth in jobs in our small businesses.
There are some signs that hiring is coming back at larger companies, but not at our small businesses and startup companies. There are 2 main reasons for that The first is regulation--which has a bigger impact on small companies than large companies. The second is capital--it is harder for business startups to get traditional bank financing so they have to rely more on investors and capital markets for financing. The JOBS Act will make it easier for them to access capital, locate investors and go public.
This bill is designed specially to help the type of small business startups and emerging growth companies that you find at places like the Innovation Depot.
We know that small business is the growth engine of our economy. Nearly 65 percent of all new jobs created over the last 15 years were created by small businesses. Yet today, many small companies find it hard to obtain the investments and the financing they need to expand their operations and create jobs. That's why Congress mist cut the red tape that prevent many startup companies from raising capital and going public. The JOBS Act removes some of the unnecessary and outdated government barriers to capital formation--so entrepreneurs have more freedom to access capital, hire workers and grow their businesses.
We need to do everything we can to ensure that America remains a country of opportunity, where jobs are created and small businesses flourish without being stifled by costly and unnecessary red tape. The JOBS Act will help foster an environment that allows our small businesses, startups and entrepreneurs to raise the capital needed to get job creation going again.
I'm proud that all 6 bills that make up the JOBS Act originated in the Financial Services Committee and that all 6 received overwhelming, strong bipartisan support. It shows that Republicans and Democrats CAN find common ground and work together when it comes to helping America's small businesses.
Companies obtain capital through either borrowing, from places like community banks, or through equity financing.
Equity financing, in which investors purchase ownership stakes in a company in exchange for a share of the company's future profit, allows companies to obtain funds without having to repay specific amounts at particular times.
The tightening of credit has made equity financing all the more important as a means of providing small companies with the capital they need to grow and create jobs.
The JOBS Act will make it easier for small companies to access capital through both the public and private markets, which will facilitate economic growth and job creation. For example:
Title 3 of the bill will allow what is known as ``crowdfunding''-- which will allow groups of investors to pool money, typically comprised of very small individual contributions, to support an effort such as growing a new company like those that are found at the Innovation Depot. Investments would be limited to an amount equal to or less than the lesser of $10,000 or 10 percent of the investor's annual income. Before the JOBS Act, the SEC had outdated regulations that prohibited this type of investment.
Title 1 of the JOBS Act will provide smaller to mid-sized private companies with temporary exemptions from several government regulations, who could go public and raise capital needed to expand their business but for the expense associated with complying with them. These companies will have up to a five year timeframe to be on an ``On Ramp'' to comply with certain regulatory requirements (Section 404(b) of Sarbanes-Oxley or 953(b) of the Dodd-Frank Act). This ``On-Ramp'' status is designed to be temporary and transitional, encouraging small companies to go public but ensuring they transition to full compliance over time or as they grow large enough to have the resources to sustain the type of compliance infrastructure associated with more mature enterprises. A task force put together to study how to help smaller companies found that from 1980 to 2005, firms less than 5 years old accounted for all net U.S. job growth. On average, 92 percent of a company's job growth occurs after an ``initial public offering'' (IPO). Since 2006, companies have reported an average of 86 percent job growth since IPO.
Titles 5 and 6 of the JOBS Act would allow private companies and community banks to increase the number of shareholders they have before they are forced to register with the SEC. This will save these companies regulatory compliance costs from regulations that are generally intended for large companies and instead give small companies and banks more readily available capital to hire new employees and lend to local businesses to expand.
I reserve the balance of my time.
At this time, I yield 2 minutes to the gentlelady from Illinois (Mrs. Biggert), the chairman of the subcommittee.
I would like to inquire, Madam Speaker, as to how much time remains on our side.
At this time, Madam Speaker, I yield 2 minutes to another Illinois Congressman, Mr. Dold.
At this time, I yield 2 minutes to the gentleman from Arizona (Mr. Schweikert), a member of the committee, who sponsored and worked on these bills.
At this time, I yield 1 minute to the chairman of the Subcommittee on Financial Institutions, the gentlelady from West Virginia (Mrs. Capito), who also worked very hard on this legislation.
Madam Speaker, I would like to again inquire as to the amount of time remaining on our side.
I yield 3 minutes to an outstanding freshman on our committee, the gentleman from Tennessee (Mr. Fincher).
Everyone speaking on our side has worked very hard on these bills or spent a lot of time, as have many of our Democratic colleagues.
Would the gentleman yield?
Let me say this. The gentleman from Connecticut mentioned crowdfunding, and I think that was what gave us more concern than anything else, some of the things he said about the Internet people making an investment being subject to fraud. That is a concern, and the Senate addressed those concerns. I'd like to stress what they amended was a very small part of this bill that dealt with crowdfunding. It is also important to know that all the antifraud protection, we didn't take any of that away. But I think we're getting there. The Senate and the House deliberated with the White House, and we will continue to look at crowdfunding. We'll see how this goes.
With any investment, particularly a new company, a new venture, there is a certain amount of risk. You can't take the risk out. If you take the risk out, you take the reward. But what the gentleman says I fully appreciate, and I think that's where our committee has come together, and we tried to get it right for the good of the Americans in creating these new jobs. So I appreciate the opportunity and thank you for yielding.
At this time, I yield 4 minutes to the gentleman from North
Carolina (Mr. McHenry). Again, this is a bill that several Members worked very hard on, and he is very knowledgeable on these bills.
Madam Speaker, we have the right to close. So I would ask the gentleman from Connecticut to proceed. Could I inquire as to time.
Madam Speaker, I yield myself such time as I may consume.
Let me say this: during this debate, we focused on crowdfunding, but I think we're all in agreement that this bill is a great improvement, and we will revisit that. That shouldn't distract from the fact that this is a major piece of legislation that will cause, I think, a great deal of new competition, innovation of new products and services.
In my revised remarks, which I intend to submit in the next week, I will highlight biomedical research, which we think has the potential to address some diseases that are rare diseases or degenerative conditions which would really receive a boost from this.
So I commend all of our Members. We've come together here, and we've accomplished great things, along with the Senate, the House, and the administration.
I yield to the gentlelady from Illinois.
Madam Speaker, I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.