Fair Access to Investment Research Act of 2017

Bill: 115-s-327
Sponsor: Sen. Heller, Dean [R-NV]
Introduced: 2017-02-07 in the Senate
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures
Financial services and investments
Securities
Securities and Exchange Commission (SEC)

Summary:
action_date: 2017-02-07
text: 

Fair Access to Investment Research Act of 2017

 
This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities.
 
In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. 
 
The bill restricts the SEC from conditioning the safe harbor upon specified requirements. 

action_date: 2017-03-13
text: 

Fair Access to Investment Research Act of 2017

 
(Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities.
 
In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. 
 
The bill restricts the SEC from conditioning the safe harbor upon specified requirements. 

action_date: 2017-09-11
text: 

Fair Access to Investment Research Act of 2017

 
(Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities.
 
In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. 
 
The bill restricts the SEC from conditioning the safe harbor upon specified requirements. 
 
The safe harbor shall generally not apply to reports about a business development company or a registered closed-end investment company published by a broker or dealer during a specified time frame. 

action_date: 2017-09-27
text: 
(This measure has not been amended since it was passed by the Senate on September 11, 2017. The summary of that version is repeated here.)
 

Fair Access to Investment Research Act of 2017

 
(Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities.
 
In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. 
 
The bill restricts the SEC from conditioning the safe harbor upon specified requirements. 
 
The safe harbor shall generally not apply to reports about a business development company or a registered closed-end investment company published by a broker or dealer during a specified time frame. 

action_date: 2017-10-06
text: 

Fair Access to Investment Research Act of 2017

 
(Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities.
 
In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. 
 
The bill restricts the SEC from conditioning the safe harbor upon specified requirements. 
 
The safe harbor shall generally not apply to reports about a business development company or a registered closed-end investment company published by a broker or dealer during a specified time frame. 


Legislative actions:
action_date: 2017-10-06
text: Signed by President.
action_date: 2017-10-06
text: Signed by President.
action_date: 2017-09-29
text: Presented to President.
action_date: 2017-09-29
text: Presented to President.
action_date: 2017-09-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-09-27
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7547-7548)
action_date: 2017-09-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7547-7548)
action_date: 2017-09-27
text: DEBATE - The House proceeded with forty minutes of debate on S. 327.
action_date: 2017-09-27
text: Considered under suspension of the rules. (consideration: CR H7547-7549)
action_date: 2017-09-27
text: Mr. Hill moved to suspend the rules and pass the bill.
action_date: 2017-09-12
text: Held at the desk.
action_date: 2017-09-12
text: Message on Senate action sent to the House.
action_date: 2017-09-12
text: Received in the House.
action_date: 2017-09-11
text: Passed Senate with amendments by Unanimous Consent. (text: CR S5167-5168)
action_date: 2017-09-11
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S5167-5168)
action_date: 2017-09-11
text: Measure laid before Senate by unanimous consent. (consideration: CR S5166-5168)
action_date: 2017-03-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 11.
action_date: 2017-03-13
text: Committee on Banking, Housing, and Urban Affairs. Reported by Senator Crapo with amendments. Without written report.
action_date: 2017-03-13
text: Committee on Banking, Housing, and Urban Affairs. Reported by Senator Crapo with amendments. Without written report.
action_date: 2017-03-09
text: Committee on Banking, Housing, and Urban Affairs. Ordered to be reported with an amendment favorably.
action_date: 2017-02-07
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
action_date: 2017-02-07
text: Introduced in Senate

Enacted as: number: 115-66