HR 3482 · 113th Congress 2013โ€“2015, ended

Restoring Main Street Investor Protection and Confidence Act

Latest action · Nov 21, 2013 Hearings Held by the Subcommittee on Capital Markets and Government Sponsored Enterprises Prior to Referral.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedNov 14, 2013
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Restoring Main Street Investor Protection and Confidence Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."

Bases the determination of net equity, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, upon: (1) the information contained in the last statement issued by the debtor to the customer before the filing date; and (2) any additional written confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.

Makes an exception to this requirement when a debtor's records indicate a higher value. Requires determination of the customer's net equity using the debtor's books and records instead of the customer's last statement when the debtor's books and records indicate that the net value of a customer's positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the customer's net value as calculated on the basis specified by this Act.

Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) as a registered broker, dealer, or investment adviser under specified securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities and Exchange Commission (SEC), or law enforcement personnel.

Prohibits a trustee in bankruptcy in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same criteria regarding actual or constructive knowledge of the debtor's involvement in fraudulent activity.

Prescribes alternative methodologies for allocation of customer property to customers by a trustee in a liquidation proceeding. Requires public notice and comment as a prerequisite to court approval of a proposed allocation methodology.

Transfers from the SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.

Prohibits a trustee from serving in multiple liquidations if the trustee is currently serving as such under this Act for the liquidation of the business of another debtor.

Sets forth requirements for trustee and attorney compensation.

Requires the SIPC to issue quarterly public reports on its payments to the trustee, as well as all other costs in connection with the liquidation proceeding.

Defines as a "customer" of the debtor under such Act: (1) any person that had cash or securities that were converted or otherwise misappropriated by the debtor (or any person who controls, is controlled by, or is under common control with the debtor, if such person was operating through the debtor), irrespective of whether the debtor held or otherwise had custody, possession, or control of that cash or securities; and (2) any other person the SIPC deems a customer of the debtor.

Authorizes the Securities and Exchange Commission (SEC) as well as the SIPC (as under current law) to apply for a protective decree on an SIPC member's behalf with any court of competent jurisdiction.

Prescribes the timing of: (1) SIPC advances, and (2) payments to customers.

Conditions the SEC authorization to make loans to the SIPC upon an SEC determination that the SIPC is unable to borrow in the public debt markets at reasonable terms (both as to yield and maturity).

Requires the SEC to inspect SIPC members periodically to ensure that the information they provide to customers is accurate.

Requires the self-regulatory organization to which an SIPC member belongs, or in which it is a participant, to inspect or examine the member to assess its financial stability as well as ensure that the information the member provides to customers is accurate.

Cosponsors 55

Members who signed on, in the order they did. Signatures ran from Nov 14, 2013 to Sep 16, 2014; 24 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-TXAl GreenOriginalNov 14, 2013
R-MOAnn WagnerOriginalNov 14, 2013
R-LABill CassidyOriginalNov 14, 2013
R-MOBlaine LuetkemeyerOriginalNov 14, 2013
D-NYCarolyn B. MaloneyOriginalNov 14, 2013
D-NYCarolyn McCarthyOriginalNov 14, 2013
R-LACharles W. Boustany, Jr.OriginalNov 14, 2013
R-FLDennis A. RossOriginalNov 14, 2013
R-MSGregg HarperOriginalNov 14, 2013
R-FLIleana Ros-LehtinenOriginalNov 14, 2013
D-CTJames A. HimesOriginalNov 14, 2013
R-TXJohn Abney CulbersonOriginalNov 14, 2013
R-TNJohn J. Duncan, Jr.OriginalNov 14, 2013
R-GALynn A. WestmorelandOriginalNov 14, 2013
R-TXMichael T. McCaulOriginalNov 14, 2013
R-MNMichele BachmannOriginalNov 14, 2013
R-SCMick MulvaneyOriginalNov 14, 2013
D-FLPatrick MurphyOriginalNov 14, 2013
R-TXPete SessionsOriginalNov 14, 2013
R-NYPeter T. KingOriginalNov 14, 2013
R-VARobert HurtOriginalNov 14, 2013
R-TNStephen Lee FincherOriginalNov 14, 2013
D-FLTheodore E. DeutchOriginalNov 14, 2013
R-ARTim GriffinOriginalNov 14, 2013
R-NCRobert PittengerNov 19, 2013
R-TXKenny MarchantNov 21, 2013
D-PAAllyson Y. SchwartzDec 4, 2013
D-LACedric L. RichmondDec 4, 2013
R-VAE. Scott RigellDec 4, 2013
R-TXPete OlsonDec 4, 2013
D-NYSteve IsraelDec 4, 2013
R-TXTed PoeDec 4, 2013
R-FLVern BuchananDec 4, 2013
R-MSAlan NunneleeDec 11, 2013
D-TXRuben HinojosaJan 16, 2014
D-TNSteve CohenJan 16, 2014
D-NYTimothy H. BishopJan 16, 2014
R-COScott R. TiptonFeb 3, 2014
R-MSSteven M. PalazzoFeb 3, 2014
R-KSKevin YoderFeb 27, 2014
R-LAVance M. McAllisterFeb 28, 2014
R-PAJim GerlachMar 4, 2014
D-FLLois FrankelMar 6, 2014
R-MIKerry L. BentivolioApr 4, 2014
R-ILAaron SchockApr 9, 2014
R-LASteve ScaliseApr 30, 2014
R-NJLeonard LanceMay 19, 2014
D-FLAlcee L. HastingsJun 24, 2014
R-TXMichael C. BurgessJul 10, 2014
D-NHCarol Shea-PorterJul 15, 2014
R-NJChristopher H. SmithJul 31, 2014
R-TXKay GrangerSep 10, 2014
R-PATom MarinoSep 10, 2014
R-FLMario Diaz-BalartSep 15, 2014
R-ARTom CottonSep 16, 2014

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Referred Nov 14, 2013
Capital Markets Subcommittee
Hearings Nov 21, 2013

Actions 3

Everything that happened, newest first.

  1. Nov 21, 2013Hearings Held by the Subcommittee on Capital Markets and Government Sponsored Enterprises Prior to Referral.
  2. Nov 14, 2013Introduced in House
  3. Nov 14, 2013Referred to the House Committee on Financial Services.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

[Pages H7252-H7253] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. JOHNSON of Ohio: H.R. 3542. Congress has the power to enact this legislation pursuant to the following: According to Article I, Section 8, Clause 3 of the Constitution: The Congress shall have power to enact this legislation to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. ADDITIONAL SPONSORS Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 120: Ms. Edwards. H.R. 259: Mr. Kingston. H.R. 270: Mr. Ellison and Mr. Honda. H.R. 274: Mr. Keating. H.R. 351: Mr. McKeon. H.R. 543: Mr. Bishop of New York. H.R. 647: Mr. Mulvaney, Mr. Austin Scott of Georgia, Mr. Collins of Georgia, and Ms. Jackson Lee. H.R. 669: Mrs. Christensen. H.R. 676: Ms. McCollum. H.R. 685: Mr. Vela, Mr. Messer, Mr. Duncan of Tennessee, and Mrs. McMorris Rodgers. H.R. 713: Mr. Gibbs, Mrs. Wagner, Mr. LaMalfa, and Mr. Honda. H.R. 715: Mr. McNerney and Mr. Perlmutter. H.R. 809: Mr. Fincher. H.R. 919: Mr. Ryan of Ohio. H.R. 997: Mr. Latham and Mrs. Miller of Michigan. H.R. 1020: Ms. Foxx. H.R. 1024: Mr. Barrow of Georgia. H.R. 1124: Mrs. Beatty. H.R. 1179: Mr. Cohen and Mrs. Christensen. H.R. 1199: Mr. Garcia. H.R. 1209: Mr. Gibbs, Mr. Graves of Georgia, Mr. Pittenger, Mr. Ben Ray Lujan of New Mexico, Mr. King of New York, and Ms. Fudge. H.R. 1248: Mr. Bachus. H.R. 1310: Mr. Lamborn. H.R. 1339: Mr. Lipinski and Mrs. Capito. H.R. 1428: Mr. Price of North Carolina. H.R. 1429: Mr. Bishop of New York. H.R. 1449: Mr. Ross, Mr. Diaz-Balart, Mrs. Lummis, and Mr. Southerland. H.R. 1461: Mr. Hunter and Mr. Nugent. H.R. 1518: Mr. Rodney Davis of Illinois, Mr. Crenshaw, and Mr. Bilirakis. H.R. 1563: Ms. Frankel of Florida, Ms. Wasserman Schultz, and Mr. Graves of Missouri. H.R. 1601: Mr. Cartwright. H.R. 1616: Mr. Gibson. H.R. 1666: Ms. Michelle Lujan Grisham of New Mexico, Mr. Lipinski, and Ms. Eshoo. H.R. 1717: Mr. David Scott of Georgia and Ms. Kuster. H.R. 1726: Ms. Frankel of Florida. H.R. 1761: Mr. Roe of Tennessee. H.R. 1779: Mr. Peterson. H.R. 1830: Ms. Esty. H.R. 1851: Ms. Kuster and Mr. Horsford. H.R. 1852: Mr. Ross, Mr. Diaz-Balart, Mrs. Lummis, Mr. Labrador, and Ms. Brownley of California. H.R. 1869: Mr. Wittman. H.R. 1878: Ms. Frankel of Florida. H.R. 1920: Mr. Rigell. H.R. 1985: Mr. Goodlatte. H.R. 1992: Mr. Kinzinger of Illinois and Mr. Sires. H.R. 2027: Mr. Cassidy. H.R. 2028: Mr. Tierney. H.R. 2144: Mr. Duncan of South Carolina. H.R. 2305: Mr. Thompson of Pennsylvania. H.R. 2385: Mrs. Wagner. H.R. 2446: Mrs. Wagner. H.R. 2553: Ms. Moore, Ms. Schwartz, Ms. Titus, and Mr. George Miller of California. H.R. 2560: Mr. Rangel. H.R. 2607: Mrs. Carolyn B. Maloney of New York, Mr. Israel, and Mr. Pocan. H.R. 2619: Mr. Lowenthal. H.R. 2663: Mr. Ross. H.R. 2697: Mr. Bishop of New York, Ms. Kuster, and Mr. Johnson of Georgia. H.R. 2703: Mr. Doyle. H.R. 2725: Mr. Tiberi, Mr. Stutzman, and Ms. Wasserman Schultz. H.R. 2785: Mr. Renacci. H.R. 2791: Mr. Gibson and Mr. Huizenga of Michigan. H.R. 2818: Mr. Grijalva. H.R. 2945: Mr. Roskam. H.R. 3040: Mr. Gene Green of Texas. H.R. 3105: Mr. Goodlatte and Mr. Cotton. H.R. 3111: Mr. Johnson of Ohio. H.R. 3121: Mr. Renacci. H.R. 3125: Mr. Butterfield, Mr. Braley of Iowa, Mr. Danny K. Davis of Illinois, Mr. Clay, Mr. Cohen, Mr. Rodney Davis of Illinois, and Mr. Loebsack. H.R. 3135: Ms. McCollum. H.R. 3143: Mr. Israel. H.R. 3163: Mr. Moran. H.R. 3169: Mr. Burgess. H.R. 3189: Mr. Poe of Texas. H.R. 3206: Ms. Frankel of Florida. H.R. 3211: Mr. Fitzpatrick. H.R. 3240: Mr. Foster. H.R. 3297: Ms. Schakowsky. H.R. 3299: Mr. Ribble, Mr. Harris, Mr. Bentivolio, Mr. Boustany, and Mr. Roskam. H.R. 3303: Mr. Bilirakis. H.R. 3308: Mr. Pittenger. H.R. 3309: Mr. Johnson of Ohio and Mr. Larsen of Washington. H.R. 3322: Mr. Rangel. H.R. 3327: Mrs. Bustos. H.R. 3333: Mr. Pet[...]

The sponsor’s statement, as printed in the page H7253.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 113-53A LEGISLATIVE PROPOSAL TO AMEND THE SECURITIES INVESTOR PROTECTION ACT185 pagesFinancial Services CommitteeNov 21, 2013

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1725Restoring Main Street Investor Protection and Confidence ActIdentical billNov 19, 2013

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Securities Investor Protection Act of 1970 to confirm that a customer's net equity claim is based on the customer's last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes.
Short Titles as Introduced
Restoring Main Street Investor Protection and Confidence Act

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 1

Each version as it was printed, newest first.

  1. Nov 14, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.