House committees ready two assaults on DOL fiduciary rule this week

One is a vote on a bill to kill Labor's rule and replace it with a disclosure-based best-interest standard, while the second is legislation to prevent funding for enforcement of the regulation.
JUL 17, 2017

Two House panels are poised this week to launch assaults on the Labor Department's fiduciary rule. On Wednesday, the House Education and the Workforce Committee will vote on legislation that would repeal the regulation and replace it with an advice standard based on disclosure. Also on Wednesday, the House Appropriations Committee will take up a DOL funding bill for fiscal 2018 that contains a rider that would prevent the agency from enforcing the fiduciary rule, which requires financial advisers to act in the best interests of their clients in retirement accounts. Both measures are certain to pass their respective panels because of the Republican majorities on each. "For years, this committee has led the fight against the reckless fiduciary rule promulgated by the Obama administration and has promoted commonsense solutions to strengthen protections for retirement savers," Rep. Virginia Foxx, R-N.C., chairwoman of the Education and the Workforce Committee, said in a statement. "This legislation represents the next step in our effort to ensure all Americans have access to affordable retirement advice that's in their best interests." The bill, written by Rep. Phil Roe, R-Tenn., was introduced in June and would establish a best-interest standard that can be met through disclosures. For instance, the legislative text suggests that advisers use this language to explain that their compensation fluctuates depending on the type of investment product clients purchase: "This recommendation may result in varying amounts of fees or other compensation to the person providing the recommendation (or its affiliate), and the same or similar investments may be available at a different cost (greater or lesser) from other sources." In a letter to the committee today, the Consumer Federation of America denounced the bill as a weak substitute for the DOL rule. Supporters of the regulation assert that it forces brokers to mitigate conflicts. Brokers currently meet a suitability standard when selling products, which is less stringent than the fiduciary standard applied to investment advisers. "This bill would leave retirement savers with fewer protections than they enjoyed before the DOL rule was finalized," the letter states. It "would give [advisers] free rein as long as a few poorly worded boilerplate disclosures were provided. The proposed disclosures would give investors no idea of the magnitude of the conflicts involved." This week's House activity follows a July 13 hearing in the House Financial Services Committee that focused on a separate bill written by Rep. Ann Wagner, R-Mo., that also would kill the DOL rule. Ms. Wagner's measure would replace it with a best-interest standard outlined in the bill that would be proposed by the Securities and Exchange Commission. The Republican majority in the House gives the bills a good chance of gaining approval by the full chamber. In the Senate, however, they face a potential Democratic filibuster. Most Democrats have supported the DOL fiduciary rule since it was finalized in April 2016.

Latest News

Duo charged with posing as 49ers player, financial advisor to defraud women of $1.3M
Duo charged with posing as 49ers player, financial advisor to defraud women of $1.3M

Federal prosecutors say the scheme used fake investment accounts and a fictitious financial advisor to lure victims into romance-fueled fraud.

Convicted ex-Morgan Stanley broker ordered to pay firm $8.7 million
Convicted ex-Morgan Stanley broker ordered to pay firm $8.7 million

Morgan Stanley sought to claw back recruiting bonus money from Darryl Cohen.

Referrals aren’t luck: Why intentional COI strategy is the future of advisor growth
Referrals aren’t luck: Why intentional COI strategy is the future of advisor growth

Referrals from centers of influence may open the door, but the real key to success for advisors comes from clarity about their ideal clients and where they want to show up.

FiNet, Raymond James land California and Washington advisor teams
FiNet, Raymond James land California and Washington advisor teams

Three advisor groups overseeing more than $700M in combined client assets head to new firms.

Retirement crisis fears hit record high as debt and inflation squeeze Americans
Retirement crisis fears hit record high as debt and inflation squeeze Americans

New research finds most Americans fear a US retirement crisis, while skepticism grows toward AI financial advice and crypto in retirement plans.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income