[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10234 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10234

 To require the Securities and Exchange Commission to create forms for 
non-variable registered annuities and life insurance products, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 2, 2026

    Mr. Nunn of Iowa (for himself and Ms. Pettersen) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To require the Securities and Exchange Commission to create forms for 
non-variable registered annuities and life insurance products, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer-Led Enhancement of Annuity 
and Insurance Registration Forms Act'' or the ``CLEAR Forms Act''.

SEC. 2. REGISTRATION FORMS FOR RILU, CDA, AND OTHER REGISTERED NON-
              VARIABLE INSURANCE CONTRACTS.

    (a) In General.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) 
is amended by adding at the end the following:

``SEC. 6A. REGISTRATION FORMS FOR RILU, CDA, AND OTHER REGISTERED NON-
              VARIABLE INSURANCE CONTRACTS.

    ``(a) Definitions.--In this section:
            ``(1) Contingent deferred annuity.--The term `contingent 
        deferred annuity' means an annuity contract or rider--
                    ``(A) that is a security;
                    ``(B) that is registered, or that a person seeks to 
                register, with the Commission under this Act;
                    ``(C) that is issued by an insurance company;
                    ``(D) that is not issued by an investment company; 
                and
                    ``(E) that establishes a life insurer's obligation 
                to make periodic payments for an annuitant's lifetime 
                at the time designated investments, which are not owned 
                or held by the insurer, are depleted to a contractually 
                defined amount due to--
                            ``(i) contractually permitted withdrawals;
                            ``(ii) market performance;
                            ``(iii) fees or other charges; or
                            ``(iv) any other contractually permitted 
                        triggering event or transaction.
            ``(2) Covered insurance contract.--The term `covered 
        insurance contract' means any--
                    ``(A) contingent deferred annuity;
                    ``(B) registered index-linked life insurance; or
                    ``(C) other registered non-variable insurance 
                contract.
            ``(3) Funding agreement.--The term `funding agreement' 
        means a contract in which an insurer agrees to accept and 
        accumulate funds to make one or more payments at future dates 
        in amounts that are not based on mortality or morbidity 
        contingencies.
            ``(4) Investment company.--The term `investment company' 
        has the meaning given the term in section 3 of the Investment 
        Company Act of 1940 (15 U.S.C. 80a-3).
            ``(5) Market value adjustment.--The term `market value 
        adjustment' means, with respect to a registered index-linked 
        life insurance, after an early withdrawal or contract 
        discontinuance--
                    ``(A) an adjustment to the value of that insurance 
                contract based on calculations using a predetermined 
                formula; or
                    ``(B) a change in an interest rate (or another 
                factor, as determined by the Commission) that apply to 
                that insurance contract.
            ``(6) Other registered non-variable insurance contract.--
        The term `other registered non-variable insurance contract' 
        means an insurance contract, certificate, or rider--
                    ``(A) that is a security;
                    ``(B) that does not constitute an equity interest 
                in the issuer of the contract, certificate, or rider;
                    ``(C) that is an insurance product subject to 
                regulation under the insurance laws of the domiciliary 
                State or Territory of the issuer of the contract, 
                certificate, or rider;
                    ``(D) that is registered, or that a person seeks to 
                register, with the Commission under this Act;
                    ``(E) that is issued by an insurance company;
                    ``(F) that is not issued by an investment company; 
                and
                    ``(G) that is an annuity contract, life insurance 
                contract, or funding agreement.
            ``(7) Purchaser.--The term `purchaser' means a purchaser of 
        a covered insurance contract.
            ``(8) Registered index-linked life insurance.--The term 
        `registered index-linked life insurance' means a life insurance 
        policy or rider--
                    ``(A) that is a security;
                    ``(B) that is registered, or that a person seeks to 
                register, with the Commission under this Act;
                    ``(C) that is issued by an insurance company;
                    ``(D) that is not issued by an investment company; 
                and
                    ``(E) the returns of which--
                            ``(i) are based on the performance of a 
                        specified index or other specified benchmark; 
                        and
                            ``(ii) may be subject to a market value 
                        adjustment if amounts are withdrawn or the 
                        contract is discontinued before the end of the 
                        period during which that market value 
                        adjustment applies.
    ``(b) Registration Forms Rulemaking.--
            ``(1) In general.--Not later than 12 months after the date 
        of enactment of this section, the Commission shall propose, 
        and, not later than 30 months after the date of enactment of 
        this section, the Commission shall finalize, new or amended 
        rules, as appropriate, to establish one or more forms on which 
        an issuer of a covered insurance contract may register that 
        contract, subject to conditions the Commission determines 
        appropriate.
            ``(2) Design of forms.--In developing the forms required to 
        be established under paragraph (1), the Commission shall--
                    ``(A) design the forms to ensure that a purchaser 
                using the forms receives the information necessary to 
                make knowledgeable decisions, taking into account--
                            ``(i) the availability of information;
                            ``(ii) the knowledge and sophistication of 
                        that class of purchasers;
                            ``(iii) the length of the disclosure 
                        required by the forms;
                            ``(iv) the complexity of registered index-
                        linked life insurance and contingent deferred 
                        annuities; and
                            ``(v) any other factor the Commission 
                        determines appropriate;
                    ``(B) engage in investor testing for contingent 
                deferred annuity; and
                    ``(C) incorporate the results of the testing 
                required under subparagraph (B) in the design of the 
                forms for contingent deferred annuities, with the goal 
                of ensuring that key information is conveyed in terms 
                that a purchaser is able to understand.
            ``(3) Limitations.--In establishing the forms described in 
        paragraph (1), the Commission shall--
                    ``(A) limit the disclosures requested by such forms 
                with respect to an insurance company to the disclosures 
                requested by the forms described in section 239.17b or 
                239.17c of title 17, Code of Federal Regulations, as 
                appropriate, or any successor regulation; and
                    ``(B) specify that the financial statements 
                requested by such forms with respect to an insurance 
                company are those called for by the instructions for 
                the financial statements in the forms described in 
                sections 239.17b and 239.17c of title 17, Code of 
                Federal Regulations, or any successor regulation.
            ``(4) Rule 12h-7 exemption.--In issuing the rules required 
        by paragraph (1), the Commission may not impede the 
        availability of an exemption to issuers described in section 
        240.12h-7 of title 17, Code of Federal Regulations, with regard 
        to covered insurance contracts, that meet the qualifications 
        for such exemption.
            ``(5) Other related rules.--To the greatest extent 
        possible, the Commission shall promulgate an overall regulatory 
        and filing framework that is consistent with the forms 
        described in sections 239.17b and 239.17c of title 17, Code of 
        Federal Regulations, in order to enable issuing insurance 
        companies to offer all of the insurance company's registered 
        insurance product offerings on a consistent basis, including 
        the availability of--
                    ``(A) section 230.498A of title 17, Code of Federal 
                Regulations (permitting and prescribing the use of 
                summary prospectuses for separate accounts offering 
                variable annuity and variable life insurance contracts, 
                and for the offering of registered non-variable annuity 
                contracts);
                    ``(B) section 270.24f-2 of title 17, Code of 
                Federal Regulations (requiring issuers of certain 
                investment company securities and registered non-
                variable annuity contracts to pay registration fees 
                under the Securities Act of 1933 annually based on the 
                net sales of such securities and contracts); and
                    ``(C) sections 230.485 and 230.497 of title 17, 
                Code of Federal Regulations (permitting automatic and 
                immediate effectiveness for post-effective amendments 
                and supplements filed by certain registered investment 
                companies and issuers offering registered non-variable 
                insurance contracts).
    ``(c) Rules of Construction.--Nothing in this section may be 
construed to--
            ``(1) except as described in subsection (b)(3), limit the 
        authority of the Commission to determine the information to be 
        requested in the forms described in subsection (b); or
            ``(2) preempt any State or Territory law, regulation, rule, 
        or order.''.
    (b) Treatment if Rules Not Prepared and Finalized in a Timely 
Manner.--
            (1) In general.--At the end of the 30-month period 
        beginning on the date of enactment of this Act, if the 
        Commission has not finalized the rules required under section 
        6A(b)(1) of the Securities Act of 1933, any registered index-
        linked life insurance or contingent deferred annuity may be 
        registered on the forms described in sections 239.17b and 
        239.17c of title 17, Code of Federal Regulations, or any 
        successor regulation, as appropriate.
            (2) Preparation.--A registration described in paragraph (1) 
        shall be prepared pursuant to applicable provisions of the 
        forms described in that paragraph.
            (3) Definitions.--In this section--
                    (A) the terms ``contingent deferred annuity'' and 
                ``registered index-linked life insurance'' have the 
                meaning given those terms, respectively, in section 
                6A(a) of the Securities Act of 1933; and
                    (B) the term ``Commission'' means the Securities 
                and Exchange Commission.
            (4) Termination.--This subsection shall terminate on the 
        date that the Commission finalizes the rules required under 
        section 6A(b)(1) of the Securities Act of 1933.
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