HR 1105 · 113th Congress 2013–2015, ended

Small Business Capital Access and Job Preservation Act

Latest action · Dec 9, 2013 Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 13, 2013
  2. Passed HouseDec 4, 2013
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Small Business Capital Access and Job Preservation Act - Amends the Investment Advisers Act of 1940 to exempt private equity fund investment advisers from its registration and reporting requirements, provided that each private equity fund has not borrowed and does not have outstanding a principal amount exceeding twice its invested capital commitments.

Directs the Securities and Exchange Commission (SEC) to promulgate final rules that: (1) require such investment advisers to maintain records the SEC determines necessary, taking into account fund size, governance, investment strategy, and risk; and (2) define the term "private equity fund" for purposes of this Act.

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 622Passed254–159Dec 4, 2013
House 621Failed185–227Dec 4, 2013
House 620Failed186–225Dec 4, 2013

Cosponsors 12

Members who signed on, in the order they did. Signatures ran from Mar 13, 2013 to Nov 18, 2013; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-CTJames A. HimesOriginalMar 13, 2013
D-TNJim CooperOriginalMar 13, 2013
R-NJScott GarrettOriginalMar 13, 2013
R-MOBlaine LuetkemeyerJul 31, 2013
D-MNCollin C. PetersonJul 31, 2013
D-UTJim MathesonAug 1, 2013
R-ALSpencer BachusAug 1, 2013
D-FLPatrick MurphySep 25, 2013
R-OHSteve StiversSep 25, 2013
D-NCMike McIntyreOct 30, 2013
R-ILRandy HultgrenNov 13, 2013
D-GADavid ScottNov 18, 2013

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Referred Mar 13, 2013Markup Jun 19, 2013Reported Nov 22, 2013
Capital Markets Subcommittee
Hearings May 23, 2013
SenateBanking, Housing, and Urban Affairs Committee
Referred Dec 9, 2013

Actions 20

Everything that happened, newest first.

  1. Dec 9, 2013Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
  2. Dec 4, 2013Rule H. Res. 429 passed House.
  3. Dec 4, 2013Considered under the provisions of rule H. Res. 429. (consideration: CR H7470-7491)
  4. Dec 4, 2013For H.R. 3309, resolution provides one hour of general debate; bill is considered read; specified amendments are in order; and one motion to recommit, with or without instructions. For H.R. 1105, resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee print 113-29 shall be considered as adopted; one hour of debate; makes in order an additional specified amendment; and one motion to recommit, with or without instructions.
  5. Dec 4, 2013DEBATE - The House proceeded with one hour of debate on H.R. 1105.
  6. Dec 4, 2013DEBATE - Pursuant to the provisions of H.Res. 429, the House proceeded with 10 minutes of debate on the Carolyn Maloney amendment.
  7. Dec 4, 2013Mr. Horsford moved to recommit with instructions to Financial Services. (consideration: CR H7488; text: CR H7488)
  8. Dec 4, 2013Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Horsford motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to require that in order for a firm to qualify for exemption from Dodd-Franks registration and reporting requirement, it must provide investment advice for funds that do not own controlling interests in a company that outsources American jobs and publicly report the number of jobs eliminated each quarter at each company owned and controlled by the funds.
  9. Dec 4, 2013The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7489)
  10. Dec 4, 2013On motion to recommit with instructions Failed by recorded vote: 185 - 227 (Roll no. 621). (consideration: CR H7490)
  11. Dec 4, 2013Passed/agreed to in House: On passage Passed by recorded vote: 254 - 159 (Roll no. 622). (text: CR H7470)
  12. Dec 4, 2013Motion to reconsider laid on the table Agreed to without objection.
  13. Dec 3, 2013Rules Committee Resolution H. Res. 429 Reported to House. For H.R. 3309, resolution provides one hour of general debate; bill is considered read; specified amendments are in order; and one motion to recommit, with or without instructions. For H.R. 1109, resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee print 113-29 shall be considered as adopted; one hour of debate; makes in order an additional specified amendment; and one motion to recommit, with or without instructions.
  14. Nov 22, 2013Reported by the Committee on Financial Services. H. Rept. 113-276.
  15. Nov 22, 2013Placed on the Union Calendar, Calendar No. 197.
  16. Jun 19, 2013Committee Consideration and Mark-up Session Held.
  17. Jun 19, 2013Ordered to be Reported by the Yeas and Nays: 38 - 18.
  18. May 23, 2013Hearings Held by the Subcommittee on Capital Markets and Government Sponsored Enterprises Prior to Referral.
  19. Mar 13, 2013Introduced in House
  20. Mar 13, 2013Referred to the House Committee on Financial Services.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7110Rob Woodall R-GAJul 30, 2014
HouseDebate and remarks H7461–H7470, H7470–H7491Text printed H7461, H7470Amendments H7468, H7486Motions H7488Recorded votes H7469, H7487, H7489, H7490Carolyn Maloney amendment (require private equity fund advisers to register with the SEC)consideration (H. Res. 429), previous questionenactHorsford motion to recommit (restrict eligibility of investment funds to those that do not own controlling interest in companies that outsource American jobs)Ann Wagner R-MO, Carolyn B. Maloney D-NY (amendment), Chris Van Hollen D-MD, James A. Himes D-CT, Jared Polis D-CO (amendment), Jeb Hensarling R-TX, Jim Cooper D-TN, Keith Ellison D-MN, Marlin A. Stutzman R-IN, Maxine Waters D-CA, Randy Hultgren R-IL, Richard B. Nugent R-FL, Robert Hurt R-VA, Scott Garrett R-NJ, Stephen F. Lynch D-MA, Stephen Lee Fincher R-TN, Steve Stivers R-OH, Steven Horsford D-NV (motion)Dec 4, 2013
HouseDeclaratory Statements H7447—Dec 3, 2013

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Jul 10, 2013H.R. 1105, Small Business Capital Access and Job Preservation ActAs ordered reported by the House Committee on Financial Services on June 19, 2013

Constitutional authority

[Pages H5347-H5349] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. NEUGEBAUER: H.J. Res. 57. Congress has the power to enact this legislation pursuant to the following: Constitutional Amendments Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State without its Consent, shall be deprived of its equal Suffrage in the Senate. ADDITIONAL SPONSORS Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 60: Mr. Danny K. Davis of Illinois. H.R. 148: Mr. Enyart. H.R. 182: Mr. Sires. H.R. 183: Mr. Enyart. H.R. 262: Mr. Heck of Nevada and Mr. Schock. H.R. 279: Mr. Ruiz. H.R. 281: Ms. Kaptur. H.R. 292: Mr. George Miller of California. H.R. 301: Mr. Gardner and Mr. Wittman. H.R. 310: Mr. Kilmer. H.R. 362: Mr. George Miller of California. H.R. 363: Mr. George Miller of California. H.R. 366: Ms. Jenkins and Mr. Schneider. H.R. 419: Mr. Kelly of Pennsylvania. H.R. 460: Mr. Perlmutter. H.R. 474: Mr. Ellison. H.R. 485: Ms. Tsongas. H.R. 491: Mr. Sherman. H.R. 508: Mr. Quigley, Mr. Barber, and Mr. Gibson. H.R. 523: Mr. Smith of Missouri. H.R. 525: Mr. Ryan of Ohio. H.R. 533: Mr. Cartwright and Mr. DeFazio. H.R. 543: Mr. George Miller of California. H.R. 574: Mr. Clay. H.R. 578: Mr. Womack. H.R. 580: Mr. Cartwright. H.R. 620: Mr. Ellison. H.R. 621: Mr. Barletta. H.R. 647: Mr. Pascrell, Mrs. Miller of Michigan, Mr. Johnson of Georgia, Ms. Fudge, Mr. McDermott, and Mr. Neal. H.R. 679: Mr. Scott of Virginia. H.R. 685: Ms. Moore, Mr. Price of Georgia, Mr. Al Green of Texas, Mr. Kilmer, Mr. Neal, Mrs. Lowey, and Mr. Womack. H.R. 690: Mr. Barletta and Mr. Walden. H.R. 702: Mr. Cohen and Mr. Langevin. H.R. 720: Mr. Cartwright. H.R. 724: Mr. Swalwell of California. H.R. 755: Ms. Esty. H.R. 792: Mr. Gowdy. H.R. 795: Mr. Stockman. H.R. 846: Mr. Nunnelee, Mr. Courtney, Mr. Cohen, Mr. Kline, Mr. Sam Johnson of Texas, Ms. Fudge, Mr. Stutzman, and Mr. Pocan. H.R. 920: Mr. Gallego. H.R. 938: Mr. Thornberry. H.R. 961: Mr. Bera of California. H.R. 975: Mr. Price of North Carolina. H.R. 1001: Mr. Bishop of New York and Mr. Cole. H.R. 1014: Mr. Rothfus. H.R. 1015: Mr. Huffman, Mr. Bachus, and Mr. Barletta. H.R. 1020: Mr. Danny K. Davis of Illinois, Mr. Renacci, and Mr. Womack. H.R. 1024: Ms. Clarke, Mrs. Miller of Michigan, and Ms. Kuster. H.R. 1074: Ms. DeGette. H.R. 1091: Mr. Sam Johnson of Texas, Mr. Goodlatte, and Mr. Massie. H.R. 1094: Mr. Bera of California and Mr. Serrano. H.R. 1105: Mr. Matheson and Mr. Bachus. H.R. 1146: Mr. McHenry. H.R. 1175: Ms. Bass. H.R. 1176: Mr. Wittman. H.R. 1237: Mr. Stivers. H.R. 1249: Mr. Griffin of Arkansas. H.R. 1250: Mr. Courtney, Mrs. Miller of Michigan, and Ms. Esty. H.R. 1252: Mr. Cook, Mr. Runyan, and Mr. Pearce. H.R. 1276: Mrs. Miller of Michigan, Mr. Fortenberry, Ms. Duckworth, Mr. Farr, and Mrs. Capps. H.R. 1318: Ms. Sewell of Alabama, Mr. Neal, and Mr. Clay. H.R. 1327: Ms. McCollum. H.R. 1346: Mr. Lowenthal. H.R. 1354: Mr. Kilmer. H.R. 1389: Ms. Frankel of Florida and Ms. Esty. H.R. 1416: Mr. Israel and Mr. Wilson of South Carolina. H.R. 1428: Mr. Gerlach. H.R. 1476: Mr. Bentivolio. H.R. 1518: Ms. Pingree of Maine. H.R. 1526: Mr. Coffman. H.R. 1563: Ms. Wilson[...]

The sponsor’s statement, as printed in the page H5348.

Printed hearings 2

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 113-535EXAMINING THE STATE OF SMALL DEPOSITORY INSTITUTIONS284 pagesBanking, Housing, and Urban Affairs CommitteeSep 16, 2014
Serial No. 113-26LEGISLATIVE PROPOSALS TO RELIEVE THE RED TAPE BURDEN ON INVESTORS AND JOB CREATORS169 pagesFinancial Services CommitteeMay 23, 2013

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Amendments 2

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 518Amendment in the nature of a substitute.Rules CommitteeHouse amendment offered
HAmdt 519Amendment sought to require private equity fund advisers to register with the SEC and sought to direct the SEC to create a simplified registration and disclosure regime for small private equity fund advisers.Carolyn B. Maloney D-NYOn agreeing to the Maloney, Carolyn amendment (A002) Failed by the Yeas and Nays: 186 - 225 (Roll no. 620). (consideration: CR H7487-7488)

Related bills 3

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Investment Advisers Act of 1940 to provide a registration exemption for private equity fund advisers, and for other purposes.
Short Titles as Introduced
Small Business Capital Access and Job Preservation Act
Short Titles as Reported to House
Small Business Capital Access and Job Preservation Act
Short Titles as Passed House
Small Business Capital Access and Job Preservation Act

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 4

Each version as it was printed, newest first.

  1. Dec 9, 2013Referred in Senate
  2. Dec 4, 2013Engrossed in House
  3. Nov 22, 2013Reported in House
  4. Mar 13, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.