Title: Access to Small Business Investor Capital Act
Policy area: Finance and Financial Sector

Summary:
Access to Small Business Investor Capital Act
This bill allows a registered investment company to exclude from the calculation of acquired fund fees and expenses those incurred indirectly from investment in a business development company. Instead, such fees and expenses may be disclosed in a footnote. Acquired fund fees and expenses is a required line item on a fund's fee schedule that provides the operating expenses of the fund.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3961 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3961

To permit a registered investment company to omit certain fees from the 
calculation of acquired fund fees and expenses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2022

  Mr. Daines (for himself and Mr. Menendez) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To permit a registered investment company to omit certain fees from the 
calculation of acquired fund fees and expenses, 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 ``Access to Small Business Investor 
Capital Act''.

SEC. 2. AMENDMENTS TO ACQUIRED FUND FEES AND EXPENSES REPORTING ON 
              INVESTMENT COMPANY REGISTRATION STATEMENTS.

    (a) Definitions.--In this section:
            (1) Acquired fund.--The term ``acquired fund'' has the 
        meaning given the term in Form N-1A, Form N-2, and Form N-3.
            (2) Acquired fund fees and expenses.--The term ``acquired 
        fund fees and expenses'' means the acquired fund fees and 
        expenses subcaption in the fee table disclosure.
            (3) Business development company.--The term ``business 
        development company'' has the meaning given the term in section 
        2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
        2(a)).
            (4) Fee table disclosure.--The term ``fee table 
        disclosure'' means the fee table described in item 3 of Form N-
        1A, item 3 of Form N-2, or item 4 of Form N-3 (as applicable, 
        and with respect to each, in any successor fee table disclosure 
        that the Securities and Exchange Commission adopts).
            (5) Form n-1a.--The term ``Form N-1A'' means the form 
        described in section 274.11A of title 17, Code of Federal 
        Regulations, or any successor regulation.
            (6) Form n-2.--The term ``Form N-2'' means the form 
        described in section 274.11a-1 of title 17, Code of Federal 
        Regulations, or any successor regulation.
            (7) Form n-3.--The term ``Form N-3'' means the form 
        described in section 274.11b of title 17, Code of Federal 
        Regulations, or any successor regulation.
            (8) Registered investment company.--The term ``registered 
        investment company'' means an investment company, as defined in 
        section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a-
        3), registered with the Securities and Exchange Commission 
        under that Act.
    (b) Excluding Business Development Companies From Acquired Fund 
Fees and Expenses.--A registered investment company may, on any 
investment company registration statement filed pursuant to section 
8(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-8(b))--
            (1) omit from the calculation of acquired fund fees and 
        expenses those fees and expenses that the investment company 
        incurred indirectly as a result of investment in shares of 1 or 
        more acquired funds that is a business development company; and
            (2) instead disclose in a footnote to the fee table 
        disclosure those fees and expenses described in paragraph (1), 
        calculated according to the acquired fund fees and expenses 
        formula.
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