[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1105 Referred in Senate (RFS)]

113th CONGRESS
  1st Session
                                H. R. 1105


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                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2013

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT


 
To amend the Investment Advisers Act of 1940 to provide a registration 
  exemption for private equity fund advisers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Capital Access and 
Job Preservation Act''.

SEC. 2. REGISTRATION AND REPORTING EXEMPTIONS RELATING TO PRIVATE 
              EQUITY FUNDS ADVISORS.

    Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following:
    ``(o) Exemption of and Reporting Requirements by Private Equity 
Funds Advisors.--
            ``(1) In general.--Except as provided in this subsection, 
        no investment adviser shall be subject to the registration or 
        reporting requirements of this title with respect to the 
        provision of investment advice relating to a private equity 
        fund or funds, provided that each such fund has not borrowed 
        and does not have outstanding a principal amount in excess of 
        twice its invested capital commitments.
            ``(2) Maintenance of records and access by commission.--Not 
        later than 6 months after the date of enactment of this 
        subsection, the Commission shall issue final rules--
                    ``(A) to 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 and appropriate in the 
                public interest and for the protection of investors; 
                and
                    ``(B) to define the term `private equity fund' for 
                purposes of this subsection.''.

            Passed the House of Representatives December 4, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.