Letter to Congress Urges Opposition to Bill that will Impede the Implementation of a Fiduciary Standard
WASHINGTON, D.C. – In a letter sent today to all Members of Congress, the Financial Planning Coalition urges them to oppose H.R. 2374, the Retail Investor Protection Act, which would delay, or even prevent the U.S. Securities and Exchange Commission (SEC) and the Department of Labor (DOL) from developing fiduciary rules crucial to investor protection.
“H.R. 2374, which is an investor protection bill in name only, would prevent [the SEC and DOL] from engaging in rulemaking crucial to investor protection and would leave American investors more vulnerable to potential abuses,” stated the Coalition – comprised of Certified Financial Planner Board of Standards (CFP Board), the Financial Planning Association® (FPA®) and the National Association of Personal Financial Advisors (NAPFA).
The Coalition letter goes on to conclude: “The Coalition views H.R. 2374 as a ‘back door’ attempt to undermine investor protection provisions in Dodd-Frank and to prevent the SEC and DOL from proceeding with investor protection rulemakings consistent with appropriate cost-benefit analyses and routine inter-agency coordination.”
The Coalition emphasizes the consequences the bill would create for investors, noting that the Dodd-Frank Wall Street Reform and Consumer Protection Act authorized the SEC to establish a single uniform fiduciary standard of conduct for both broker-dealers and investment advisers. The passage of H.R. 2374 “would substantially impede or completely prevent the SEC from proceeding with a congressionally authorized and long-needed rulemaking that would allow all investors to receive investment advice that is based on their best interests,” the Coalition writes.
The Coalition cautions that the proposed legislation would needlessly slow DOL’s fiduciary rulemaking under the Employee Retirement Income Security Act (ERISA), prohibiting DOL from adopting a fiduciary rule under ERISA until 60 days after the SEC has adopted a final uniform fiduciary rule, effectively preventing DOL from implementing its own regulations should the SEC decide not to proceed with its own rulemaking.