Overview

Title

To except quotations of fixed-income securities from certain regulatory requirements, and for other purposes.

ELI5 AI

H.R. 7092 wants to make it so that some money rules don't apply to certain kinds of lending investments, like bonds. This makes it easier for businesses to get money without the same rules that are used for stocks.

Summary AI

H.R. 7092, known as the "Protecting Private Job Creators Act," aims to remove certain regulatory requirements for fixed-income securities. Specifically, the bill proposes that Section 240.15c2–11 of the Code of Federal Regulations should not apply to these types of securities, which include bonds and other forms of debt. The goal is to ensure the Securities and Exchange Commission does not impose rules meant for stock markets onto fixed-income markets, which play a crucial role in helping businesses raise capital. This legislative move follows exemptions granted by the SEC to these securities, judging it in the public interest and protective of investors.

Published

2024-01-25
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-01-25
Package ID: BILLS-118hr7092ih

Bill Statistics

Size

Sections:
3
Words:
656
Pages:
4
Sentences:
24

Language

Nouns: 206
Verbs: 56
Adjectives: 30
Adverbs: 3
Numbers: 42
Entities: 52

Complexity

Average Token Length:
4.31
Average Sentence Length:
27.33
Token Entropy:
4.96
Readability (ARI):
15.82

AnalysisAI

General Summary of the Bill

The legislative proposal, designated as H. R. 7092, is titled the "Protecting Private Job Creators Act." This bill aims to exclude quotations of fixed-income securities from certain regulatory requirements set forth in Section 240.15c2-11 of Title 17 of the Code of Federal Regulations. The bill provides a broad definition of "fixed-income security," encompassing various forms of debt instruments such as bonds and notes. It also includes securities that have the potential to be converted into equities or come with rights to purchase equities.

Summary of Significant Issues

Several notable issues arise from the bill:

  1. Broad Definition: The bill's definition of "fixed-income security" is notably broad, potentially creating loopholes and allowing unintended exemptions. This could pose challenges in interpreting which financial instruments qualify, especially regarding the ambiguous phrase "any other evidence of indebtedness."

  2. Lack of Explanation for Exemption: The bill exempts fixed-income securities from a specific regulation without clearly explaining why this exemption is warranted. This lack of transparency could raise questions about the motivations behind the bill and its potential implications for legal and market stability.

  3. Concerns Over Regulatory Process: Within the bill’s findings, Congress criticizes the Securities and Exchange Commission (SEC) for extending certain regulatory requirements without a formal rulemaking process or public input. This raises concerns about transparency and accountability in the SEC's regulatory actions.

  4. Vague Title: The bill's short title, "Protecting Private Job Creators Act," is vague and does not adequately convey the bill's purpose or scope. This could mislead or confuse stakeholders about the actual intent and implications of the legislation.

  5. Complex Language: The description of convertible fixed-income securities in the bill is complex and might be confusing for individuals unfamiliar with financial terminology. This complexity increases the risk of misunderstanding the bill's legal and financial consequences.

Impact on the Public Broadly

If enacted, the bill could significantly affect the regulation of financial markets, particularly those involving fixed-income securities. By removing certain regulatory requirements, the bill might streamline processes for businesses seeking to raise capital through these markets. However, the lack of regulation could also pose risks to market stability and investor protection by potentially allowing for less transparency and accountability in financial dealings.

Impact on Specific Stakeholders

Positive Impacts: - Businesses: Companies that rely on raising funds through fixed-income securities could benefit from reduced regulatory burdens, potentially lowering their costs and facilitating quicker access to capital. - Brokers and Dealers: Financial intermediaries engaged in quoting fixed-income securities might find operations simplified, allowing them greater flexibility in managing their offerings.

Negative Impacts: - Investors: By reducing regulatory oversight, the bill might diminish protections for investors in fixed-income markets, increasing their exposure to unregulated or insufficiently vetted securities. - Regulatory Bodies: Entities tasked with overseeing market activities, such as the SEC, could face challenges in ensuring the stability and transparency of markets, given the lowered regulatory requirements.

Overall, while the bill aims to support business growth and ease regulatory processes, it must be weighed against potential risks to investor security and market integrity. The broad definitions and lack of explanatory depth in the bill highlight the need for careful consideration and possibly further refinement to balance these competing interests effectively.

Issues

  • The broad definition of 'fixed-income security' in Section 3, which includes many types of financial instruments, could create potential loopholes or unintended exemptions. This could have significant regulatory and financial implications, particularly when determining what qualifies as 'any other evidence of indebtedness.'

  • Section 3 exempts fixed-income securities from the regulation in Section 240.15c2–11 of title 17, Code of Federal Regulations without explaining the rationale behind this exemption, which could lead to ambiguity about the motive or potential legal and market stability impacts.

  • The Findings in Section 2 highlight the lack of a rulemaking process or public input by the SEC in applying Rule 15c2–11 to fixed-income markets, raising concerns about transparency and accountability in regulatory actions.

  • The short title 'Protecting Private Job Creators Act' in Section 1 is vague, not providing any specific insight into the purpose or scope of the Act, potentially misleading stakeholders about the bill's actual implications.

  • The complex language describing convertible fixed-income securities in Section 3 might confuse or mislead individuals who are not well-versed in financial terminology, posing a risk of misunderstanding the legal and financial consequences.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that the official short title of this legislation is "Protecting Private Job Creators Act."

2. Findings Read Opens in new tab

Summary AI

Congress provides several findings related to the Securities and Exchange Commission's Rule 15c2–11, noting its historical application to OTC equity markets, the decision to extend its application to fixed-income markets, and a recent exemption made for Rule 144A fixed-income securities from compliance with Rule 15c2–11, citing public interest and investor protection.

3. Exception relating to quotations of fixed-income securities Read Opens in new tab

Summary AI

The section explains that certain regulations will not apply to the quoting of fixed-income securities. It defines a "fixed-income security" as various forms of indebtedness, like bonds and notes, and includes securities that can be converted into equity or come with rights to buy equity.