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H. Rept. 114-511 1 (2016-04-20)

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                     114TH CONGRESS                                         REPORT
                        2d Session     HOUSE   OF REPRESENTATIVES           114-511







                        AFFORDABLE RETIREMENT ADVICE PROTECTION ACT



                     APRIL 20, 2016.-Committed to the Committee of the Whole House on the State of
                                        the Union and ordered to be printed



                      Mr. KLINE, from  the Committee  on Education  and the Workforce,
                                          submitted  the  following


                                              REPORT

                                                together with

                                            MINORITY VIEWS

                                            [To accompany H.R. 4293]

                              [Including cost estimate of the Congressional Budget Office]

                      The  Committee   on  Education  and  the Workforce,  to whom  was
                    referred the bill (H.R. 4293) to amend the Employee  Retirement  In-
                    come  Security Act  of 1974 to ensure  that retirement  investors re-
                    ceive advice in their best interests, and for other purposes, having
                    considered  the same, report favorably thereon  with an  amendment
                    and  recommend   that the bill as amended do pass.
                      The  amendment   is as follows:
                      Strike all after the enacting clause and insert the following:

                    SECTION 1. SHORT TITLE.
                      This Act may be cited as the Affordable Retirement Advice Protection Act.
                    SEC. 2. PURPOSE.
                      The purpose of this Act is to provide that advisors who-
                         (1) provide advice that is impermissible under the prohibited transaction pro-
                         visions under section 406 of the Employee Retirement Income Security Act of
                         1974, or
                         (2) breach the best interest standard for the provision of investment advice,
                    are subject to liability under the Employee Retirement Income Security Act of 1974.
                    SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
                      (a) AMENDMENTS TO  THE EMPLOYEE  RETIREMENT INCOME SECURITY ACT OF
                    1974.-
                         (1) DEFINITION OF INVESTMENT ADVICE.-Section 3(21) of the Employee Retire-
                         ment Income Security Act of 1974 (29 U.S.C. 1002(21)) is amended by adding
                         at the end the following:
                         59-006

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