Qualifies the following as such fiduciary advisers if they satisfy applicable laws: (1) registered investment advisers; (2) banks; (3) insurance companies; (4) registered broker-dealers; (5) affiliates of such entities; or (6) employees, agents, or registered representatives of such entities. Requires fiduciary advisers to keep for six years records necessary to determine whether the conditions of the exemption have been met.
Requires such a fiduciary adviser to disclose: (1) fees or other compensation it receives relating to the provision of investment advice or a resulting sale or acquisition of securities or other property, including from third parties; (2) any interest it has and its affiliates have in any security or other property recommended, purchased or sold; (3) any limitation placed on its ability to provide advice; (4) the advisory services offered; (5) that it is acting as a fiduciary of the plan in connection with the provision of such advice; and (6) any information required to be disclosed under applicable securities laws. Requires such disclosure to be: (1) written to be understandable by the average plan participant; and (2) maintained in currently accurate form.
Allows any such investment advice provided to participants or beneficiaries to be implemented only at their direction. Requires the terms of the transaction to be at least as favorable to the plan as an arm's length transaction would be. Requires to be reasonable any compensation received by the fiduciary adviser and its affiliates in connection with any transaction.
Requires such a fiduciary adviser to provide the plan sponsor a written acknowledgment that it is acting as a fiduciary of the plan. Exempts from the duty to monitor the specific investment advice given by the fiduciary adviser a plan sponsor or other fiduciary that arranges for a fiduciary adviser to provide investment advice to participants and beneficiaries, if certain conditions are met under this Act. Declares that the plan sponsor or other fiduciary retains the duty of prudent selection and periodic review of the fiduciary adviser. Allows plan assets to be used to pay for the expenses of providing investment advice to participants and beneficiaries.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 107-262, Part I.
House Committee on Ways and Means Granted an extension for further consideration ending not later than Nov. 9, 2001.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 25 - 15.
House Committee on Ways and Means Granted an extension for further consideration ending not later than Nov. 13, 2001.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 107-262, Part II.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 107-262, Part II.
Placed on the Union Calendar, Calendar No. 174.
Rules Committee Resolution H. Res. 288 Reported to House. Rule provides for consideration of H.R. 2269 with 1 hour and 40 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments recommended by the Committee on Education and the Workforce and the Committee on Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
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Rule H. Res. 288 passed House.
Considered under the provisions of rule H. Res. 288. (consideration: CR H8190-8213; text of measure as reported in House: CR H8190-8193)
Rule provides for consideration of H.R. 2269 with 1 hour and 40 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendments recommended by the Committee on Education and the Workforce and the Committee on Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
DEBATE - Pursuant to the provisions of H. Res. 288, the House proceeded with one hour and forty minutes of debate on H.R. 2269.
DEBATE - The House proceeded with one hour of debate on the amendment offered by Mr. Andrews.
The previous question was ordered pursuant to the rule.
Considered as unfinished business. (consideration: CR H8213-8215)
Passed/agreed to in House: On passage Passed by recorded vote: 280 - 144 (Roll no. 442).
Roll Call #442 (House)On passage Passed by recorded vote: 280 - 144 (Roll no. 442).
Roll Call #442 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Finance.