Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 1366, legislation that will close a loophole in our securities laws and better protect the investors and retirees of the U.S. territories. The…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1366, legislation that will close a loophole in our securities laws and better protect the investors and retirees of the U.S. territories.
The Investment Company Act of 1940 governs investment companies, such as mutual funds, closed-end funds, and ETFs. Its purpose is to protect investors and provide oversight of these companies. In doing so, it regulates various transactions among affiliates, sets leverage limits, outlines recordkeeping requirements, and describes how securities may be redeemed.
These matters sound technical, but they provide fundamental protections to most U.S. investors. I say ``most'' because, due to a historical artifact, all funds located in and sold only to residents of U.S. territories are exempted.
The reason is, in 1940, territories like Puerto Rico were considered to be too distant from Washington, D.C. Obviously, modern air travel makes that a nonissue today, as regulators routinely travel to Hawaii and Alaska to conduct oversight. In addition, many of these financial products are now traded electronically, truly eliminating the need to visit in person.
The consequence of exemption falls squarely on the residents of U.S. territories. Investment companies can sell products to them without the important oversight, disclosure, and conflict-of-interest requirements to which mainland companies are subject.
As a result, many investors and retirees have been subject to investment losses, some resulting from behavior that would have been prohibited if the 1940 act applied to the island's investment companies.
To address this matter, H.R. 1366, the U.S. Territories Investor Protection Act, applies the 1940 act to currently exempt investment companies that are located, organized in, and sold to residents of these territories.
I would like to point out that this bill is identical to legislation that passed the House last Congress twice with overwhelming bipartisan support.
In order to permit investment companies to comply with the legislation, it provides for a 3-year compliance period, with an option, at the approval of the SEC, for an additional 3 years. This time period balances the need to bring the investor protections of the 1940 act to the territories with enough time for affected entities to fully understand and comply with the 1940 act.
It is important to note that if investment companies need further relief from any specific requirement of the 1940 act, they are able to request such relief through the SEC under existing law. Earlier this year, past SEC Chair White testified that the exemption should be removed.
I want to thank Congressman Duffy and Congressman MacArthur, two of my colleagues from the Puerto Rico Task Force, for cosponsoring this bill. I also want to thank Puerto Rico's new Member of Congress, Jenniffer Gonzalez-Colon, for cosponsoring it as well; and Senators Hatch and Menendez, who have put forward a companion bill in the Senate. All of this support means a great deal to me and to those investors on the island.
Finally, I want to thank Chairman Hensarling and Ranking Member Waters for working with me throughout the last 2 years in a highly productive manner. We met with stakeholders, heard their concerns, and fine-tuned the bill. I am confident we developed an approach that would apply the 1940 act in a manner that is sensitive to investors and investment companies alike.
Mr. Speaker, I urge Members to support this bill, and I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Closing the U.S. territories loophole in the Investment Company Act of 1940 will give millions of investors and retirees--mostly in Puerto Rico--the peace of mind that their hard-earned money will receive the same level of protection afforded to those on the mainland.
I want to thank the chairman, the ranking member, and all the cosponsors for their hard work in bringing this bipartisan legislation to the floor.
Mr. Speaker, I urge Members to support this bill, and I yield back the balance of my time.