[House Report 119-204]
[From the U.S. Government Publishing Office]


119th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      119-204

======================================================================



 
                 SECURITIES RESEARCH MODERNIZATION ACT

                                _______
                                

 July 15, 2025.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Hill of Arkansas, from the Committee on Financial Services, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3672]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 3672) to amend the Securities Act of 1933 to 
expand the research report exception to include reports about 
any issuer that undertakes a proposed offering of public 
securities, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Consideration..........................................     2
Related Hearings.................................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     5
Performance Goals and Objectives.................................     5
Committee Cost Estimate..........................................     5
New Budget Authority and CBO Cost Estimate.......................     5
Unfunded Mandates Statement......................................     5
Earmark Statement................................................     5
Federal Advisory Committee Act Statement.........................     5
Applicability to the Legislative Branch..........................     6
Duplication of Federal Programs..................................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Minority Views...................................................    12

    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 ``Securities Research Modernization 
Act''.

SEC. 2. PROVISION OF RESEARCH REPORT.

  Section 2(a)(3) of the Securities Act of 1933 (15 U.S.C. 77b(a)(3)) 
is amended--
   (a) by striking ``an emerging growth company'' and inserting ``an 
issuer'';
  (b) by striking ``the common equity'' and inserting ``any''; and
  (c) by striking ``such emerging growth company'' and inserting ``such 
issuer''.

                          Purpose and Summary

    H.R. 3672, the Securities Research Modernization Act, was 
introduced on June 2, 2025, by Representative Roger Williams 
(TX-25). H.R. 3672 amends the Securities Act of 1933 to expand 
the research report exception to include reports about any 
issuer that undertakes a proposed offering of public 
securities.

                  Background and Need for Legislation

    Title I of the Jumpstart Our Business Startups (JOBS) Act 
of 2012 attempted to promote the publication of research 
reports regarding Emerging Growth Companies (EGCs) by deeming 
the reports a non-offer. The current provision offers limited 
protection of research reports in the context of an EGC's 
proposed offering of its common equity securities. Research 
analysts remain subject to robust regulation, including 
Securities and Exchange Commission (SEC) Regulation Analyst 
Certification and conflict disclosure requirements, FINRA 
conduct and communications rules, and anti-fraud requirements. 
H.R. 3672 updates the research report provision to cover all 
securities of an EGC or any other issuer. The provision 
warrants expansion, especially considering the importance of 
research reports to small issuers trying to increase stock 
liquidity or gain investors' recognition.

                        Committee Consideration


                             119TH CONGRESS

    On June 2, 2025, Representative Williams introduced H.R. 
3672, the Securities Research Modernization Act, with 
Representative Cleo Fields (D-LA) as an original cosponsor. The 
bill was referred solely to the Committee on Financial 
Services.
    The bill was attached to the February 26, 2025, hearing 
titled ``The Future of American Capital: Strengthening Public 
and Private Markets by Increasing Investor Access and 
Facilitating Capital Formation'' and the March 25, 2025, 
hearing titled, ``Beyond Silicon Valley: Expanding Access to 
Capital Across America.''
    On June 10, 2025, the Committee on Financial Services met 
in open session to consider, among others, H.R. 3672. The 
Committee ordered H.R. 3672, as amended, to be favorably 
reported to the House of Representatives.

                             118TH CONGRESS

    On April 13, 2023, Representative Williams introduced H.R. 
2576, To amend the Securities Act of 1933 to expand the 
research report exception to include reports about any issuer 
that undertakes a proposed offering of public securities. This 
bill is an earlier iteration of H.R. 3672. It was referred 
solely to the Committee on Financial Services. H.R. 2576 was 
included as a title in H.R. 2799, the Expanding Access to 
Capital Act of 2023. On March 8, 2024, the House passed H.R. 
2799 by a recorded vote of 212 yeas and 205 nays. It was 
received in the Senate and referred to the Committee on 
Banking, Housing, and Urban Affairs.

                            Related Hearings

    Pursuant to clause 3(c)(6) of rule XIII of the Rules of the 
House of Representatives, the following hearings were used to 
develop H.R. 3672:
    The Capital Markets Subcommittee of the Committee on 
Financial Services held a February 26, 2025, hearing titled 
``The Future of American Capital: Strengthening Public and 
Private Markets by Increasing Investor Access and Facilitating 
Capital Formation'' and the Full Committee held a March 25, 
2025, hearing titled, ``Beyond Silicon Valley: Expanding Access 
to Capital Across America.'' A discussion draft version of the 
bill was attached to both hearings. The following witnesses 
testified at the February 26, 2025, hearing: Mr. Andrew 
Barnell, CEO and Co-Founder, Geneoscopy; Mr. McKeever Conwell, 
Founder and Managing Partner, RareBreed Ventures; Ms. Rebecca 
Kacaba, CEO and Co-Founder, DealMaker; Ms. Anna Pinedo, 
Partner, Mayer Brown; and Ms. Alexandra Thornton, Senior 
Director, Financial Regulation, Center for American Progress. 
The following witnesses testified at the March 25, 2025, 
hearing: Mr. Steve Case, Chairman and CEO, Revolution LLC; Mr. 
Bill Newell, Senior Business Advisor & Former CEO, Sutro 
Biopharma; Ms. Candice Matthews Brackeen, General Partner, 
Lightship Capital; Mr. Joel Trotter, Partner, Latham & Watkins 
LLP; and Ms. Amanda Senn, Director of the Alabama Securities 
Commission.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.
    On June 10, 2025, the Committee ordered H.R. 3672, as 
amended, to be reported favorably to the House by a recorded 
vote of 31 yeas and 19 nays, a quorum being present. (Record 
Vote No. FC-136).
    Before the question to report was called, the Committee 
adopted an amendment in the nature of a substitute, designated 
WILLTX_038, which made minor edits and technical changes, 
offered by Representative Williams (TX). The amendment was 
adopted by voice vote, a quorum being present.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    Pursuant to clause 3(c) of rule XIII of the Rules of the 
House of Representatives, the findings and recommendations of 
the Committee, based on oversight activities under clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
are incorporated in the descriptive portions of this report.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the goal of H.R. 3672 is to expand 
the research report exception under the Securities Act of 1933 
so that all issuers may publish research reports to increase 
stock liquidity and gain investors' recognition.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 3672. The 
Committee has requested but not received a cost estimate from 
the Director of the Congressional Budget Office. However, 
pursuant to clause 3(d)(1) of House rule XIII, the Committee 
will adopt as its own the cost estimate by the Director of the 
Congressional Budget Office once it has been prepared.

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, a cost estimate was not made 
available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                      Unfunded Mandates Statement

    The Committee has requested but not received from the 
Director of the Congressional Budget Office an estimate of the 
Federal mandates pursuant to section 423 of the Unfunded 
Mandates Reform Act. The Committee will adopt the estimate once 
it has been prepared by the Director.

                           Earmark Statement

    With respect to clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee has carefully reviewed 
the provisions of the resolution and states that the provisions 
of the bill do not contain any congressional earmarks, limited 
tax benefits, or limited tariff benefits within the meaning of 
the rule.

                Federal Advisory Committee Act Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of the bill establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
Federal program, including any program that was included in a 
report to Congress pursuant to section 21 of the Public Law 
111-139 or the most recent Catalog of Federal Domestic 
Assistance.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 provides the short title is the ``Securities 
Research Modernization Act.''.

Section 2. Provision of research report

    Section 2 amends the Securities Act of 1933 (15 U.S.C. 
77b(a)(3)) by striking ``an emerging growth company'' and 
inserting ``an issuer'', striking ``the common equity'' and 
inserting ``any'', and striking ``such emerging growth 
company'' and inserting ``such issuer''.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                         SECURITIES ACT OF 1933

TITLE I--

           *       *       *       *       *       *       *


                              definitions

  Sec. 2. (a) Definitions.--When used in this title, unless the 
context otherwise requires--
          (1) The term ``security'' means any note, stock, 
        treasury stock, security future, security-based swap, 
        bond, debenture, evidence of indebtedness, certificate 
        of interest or participation in any profit-sharing 
        agreement, collateral-trust certificate, 
        preorganization certificate or subscription, 
        transferable share, investment contract, voting-trust 
        certificate, certificate of deposit for a security, 
        fractional undivided interest in oil, gas, or other 
        mineral rights, any put, call, straddle, option, or 
        privilege on any security, certificate of deposit, or 
        group or index of securities (including any interest 
        therein or based on the value thereof), or any put, 
        call, straddle, option, or privilege entered into on a 
        national securities exchange relating to foreign 
        currency, or, in general, any interest or instrument 
        commonly known as a ``security'', or any certificate of 
        interest or participation in, temporary or interim 
        certificate for, receipt for, guarantee of, or warrant 
        or right to subscribe to or purchase, any of the 
        foregoing.
          (2) The term ``person'' means an individual, a 
        corporation, a partnership, an association, a joint-
        stock company, a trust, any unincorporated 
        organization, or a government or political subdivision 
        thereof. As used in this paragraph the term ``trust'' 
        shall include only a trust where the interest or 
        interests of the beneficiary or beneficiaries are 
        evidenced by a security.
          (3) The term ``sale'' or ``sell'' shall include every 
        contract of sale or disposition of a security or 
        interest in a security, for value. The term ``offer to 
        sell'', ``offer for sale'', or ``offer'' shall include 
        every attempt or offer to dispose of, or solicitation 
        of an offer to buy, a security or interest in a 
        security, for value. The terms defined in this 
        paragraph and the term ``offer to buy'' as used in 
        subsection (c) of section 5 shall not include 
        preliminary negotiations or agreements between an 
        issuer (or any person directly or indirectly 
        controlling or controlled by an issuer, or under direct 
        or indirect common control with an issuer) and any 
        underwriter or among underwriters who are or are to be 
        in privity of contract with an issuer (or any person 
        directly or indirectly controlling or controlled by an 
        issuer, or under direct or indirect common control with 
        an issuer). Any security given or delivered with, or as 
        a bonus on account of, any purchase of securities or 
        any other thing, shall be conclusively presumed to 
        constitute a part of the subject of such purchase and 
        to have been offered and sold for value. The issue or 
        transfer of a right or privilege, when originally 
        issued or transferred with a security, giving the 
        holder of such security the right to convert such 
        security into another security of the same issuer or of 
        another person, or giving a right to subscribe to 
        another security of the same issuer or of another 
        person, which right cannot be exercised until some 
        future date, shall not be deemed to be an offer or sale 
        of such other security; but the issue or transfer of 
        such other security upon the exercise of such right of 
        conversion or subscription shall be deemed a sale of 
        such other security. Any offer or sale of a security 
        futures product by or on behalf of the issuer of the 
        securities underlying the security futures product, an 
        affiliate of the issuer, or an underwriter, shall 
        constitute a contract for sale of, sale of, offer for 
        sale, or offer to sell the underlying securities. Any 
        offer or sale of a security-based swap by or on behalf 
        of the issuer of the securities upon which such 
        security-based swap is based or is referenced, an 
        affiliate of the issuer, or an underwriter, shall 
        constitute a contract for sale of, sale of, offer for 
        sale, or offer to sell such securities. The publication 
        or distribution by a broker or dealer of a research 
        report about [an emerging growth company] an issuer 
        that is the subject of a proposed public offering of 
        [the common equity] any securities of [such emerging 
        growth company] such issuer pursuant to a registration 
        statement that the issuer proposes to file, or has 
        filed, or that is effective shall be deemed for 
        purposes of paragraph (10) of this subsection and 
        section 5(c) not to constitute an offer for sale or 
        offer to sell a security, even if the broker or dealer 
        is participating or will participate in the registered 
        offering of the securities of the issuer. As used in 
        this paragraph, the term ``research report'' means a 
        written, electronic, or oral communication that 
        includes information, opinions, or recommendations with 
        respect to securities of an issuer or an analysis of a 
        security or an issuer, whether or not it provides 
        information reasonably sufficient upon which to base an 
        investment decision.
          (4) The term ``issuer'' means every person who issues 
        or proposes to issue any security; except that with 
        respect to certificates of deposit, voting-trust 
        certificates, or collateral-trust certificates, or with 
        respect to certificates of interest or shares in an 
        unincorporated investment trust not having a board of 
        directors (or persons performing similar functions) or 
        of the fixed, restricted management, or unit type, the 
        term ``issuer'' means the person or persons performing 
        the acts and assuming the duties of depositor or 
        manager pursuant to the provisions of the trust or 
        other agreement or instrument under which such 
        securities are issued; except that in the case of an 
        unincorporated association which provides by its 
        articles for limited liability of any or all of its 
        members, or in the case of a trust, committee, or other 
        legal entity, the trustees or members thereof shall not 
        be individually liable as issuers of any security 
        issued by the association, trust, committee, or other 
        legal entity; except that with respect to equipment-
        trust certificates or like securities, the term 
        ``issuer'' means the person by whom the equipment or 
        property is or is to be used; and except that with 
        respect to fractional undivided interests in oil, gas, 
        or other mineral rights, the term ``issuer'' means the 
        owner of any such right or of any interest in such 
        right (whether whole or fractional) who creates 
        fractional interests therein for the purpose of public 
        offering.
          (5) The term ``Commission'' means the Securities and 
        Exchange Commission.
          (6) The term ``Territory'' means Puerto Rico, the 
        Virgin Islands, and the insular possessions of the 
        United States.
          (7) The term ``interstate commerce'' means trade or 
        commerce in securities or any transportation or 
        communication relating thereto among the several States 
        or between the District of Columbia or any Territory of 
        the United States and any State or other Territory, or 
        between any foreign country and any State, Territory, 
        or the District of Columbia, or within the District of 
        Columbia.
          (8) The term ``registration statement'' means the 
        statement provided for in section 6, and includes any 
        amendment thereto and any report, document, or 
        memorandum filed as part of such statement or 
        incorporated therein by reference.
          (9) The term ``write'' or ``written'' shall include 
        printed, lithographed, or any means of graphic 
        communication.
          (10) The term ``prospectus'' means any prospectus, 
        notice, circular, advertisement, letter, or 
        communication, written or by radio or television, which 
        offers any security for sale or confirms the sale of 
        any security; except that (a) a communication sent or 
        given after the effective date of the registration 
        statement (other than a prospectus permitted under 
        subsection (b) of section 10) shall not be deemed a 
        prospectus if it is proved that prior to or at the same 
        time with such communication a written prospectus 
        meeting the requirements of subsection (a) of section 
        10 at the time of such communication was sent or given 
        to the person to whom the communication was made, and 
        (b) a notice, circular, advertisement, letter, or 
        communication in respect of a security shall not be 
        deemed to be a prospectus if it states from whom a 
        written prospectus meeting the requirements of section 
        10 may be obtained and, in addition, does no more than 
        identify the security, state the price thereof, state 
        by whom orders will be executed, and contain such other 
        information as the Commission, by rules or regulations 
        deemed necessary or appropriate in the public interest 
        and for the protection of investors, and subject to 
        such terms and conditions as may be prescribed therein, 
        may permit.
          (11) The term ``underwriter'' means any person who 
        has purchased from an issuer with a view to, or offers 
        or sells for an issuer in connection with, the 
        distribution of any security, or participates or has a 
        direct or indirect participation in any such 
        undertaking, or participates or has a participation in 
        the direct or indirect underwriting of any such 
        undertaking; but such term shall not include a person 
        whose interest is limited to a commission from an 
        underwriter or dealer not in excess of the usual and 
        customary distributors' or sellers' commission. As used 
        in this paragraph the term ``issuer'' shall include, in 
        addition to an issuer, any person directly or 
        indirectly controlling or controlled by the issuer, or 
        any person under direct or indirect common control with 
        the issuer.
          (12) The term ``dealer'' means any person who engages 
        either for all or part of his time, directly or 
        indirectly, as agent, broker, or principal, in the 
        business of offering, buying, selling, or otherwise 
        dealing or trading in securities issued by another 
        person.
          (13) The term ``insurance company'' means a company 
        which is organized as an insurance company, whose 
        primary and predominant business activity is the 
        writing of insurance or the reinsuring of risks 
        underwritten by insurance companies, and which is 
        subject to supervision by the insurance commissioner, 
        or a similar official or agency, of a State or 
        territory or the District of Columbia; or any receiver 
        or similar official or any liquidating agent for such 
        company, in his capacity as such.
          (14) The term ``separate account'' means an account 
        established and maintained by an insurance company 
        pursuant to the laws of any State or territory of the 
        United States, the District of Columbia, or of Canada 
        or any province thereof, under which income, gains and 
        losses, whether or not realized, from assets allocated 
        to such account, are, in accordance with the applicable 
        contract, credited to or charged against such account 
        without regard to other income, gains, or losses of the 
        insurance company.
          (15) The term ``accredited investor'' shall mean--
                  
                  (i) a bank as defined in section 3(a)(2) 
                whether acting in its individual or fiduciary 
                capacity; an insurance company as defined in 
                paragraph (13) of this subsection; an 
                investment company registered under the 
                Investment Company Act of 1940 or a business 
                development company as defined in section 
                2(a)(48) of that Act; a Small Business 
                Investment Company licensed by the Small 
                Business Administration; or an employee benefit 
                plan, including an individual retirement 
                account, which is subject to the provisions of 
                the Employee Retirement Income Security Act of 
                1974, if the investment decision is made by a 
                plan fiduciary, as defined in section 3(21) of 
                such Act, which is either a bank, insurance 
                company, or registered investment adviser; or
                  (ii) any person who, on the basis of such 
                factors as financial sophistication, net worth, 
                knowledge, and experience in financial matters, 
                or amount of assets under management qualifies 
                as an accredited investor under rules and 
                regulations which the Commission shall 
                prescribe.
          (16) The terms ``security future'', ``narrow-based 
        security index'', and ``security futures product'' have 
        the same meanings as provided in section 3(a)(55) of 
        the Securities Exchange Act of 1934.
          (17) The terms ``swap'' and ``security-based swap'' 
        have the same meanings as in section 1a of the 
        Commodity Exchange Act (7 U.S.C. 1a).
          (18) The terms ``purchase'' or ``sale'' of a 
        security-based swap shall be deemed to mean the 
        execution, termination (prior to its scheduled maturity 
        date), assignment, exchange, or similar transfer or 
        conveyance of, or extinguishing of rights or 
        obligations under, a security-based swap, as the 
        context may require.
          (19) The term ``emerging growth company'' means an 
        issuer that had total annual gross revenues of less 
        than $1,000,000,000 (as such amount is indexed for 
        inflation every 5 years by the Commission to reflect 
        the change in the Consumer Price Index for All Urban 
        Consumers published by the Bureau of Labor Statistics, 
        setting the threshold to the nearest 1,000,000) during 
        its most recently completed fiscal year. An issuer that 
        is an emerging growth company as of the first day of 
        that fiscal year shall continue to be deemed an 
        emerging growth company until the earliest of--
                  (A) the last day of the fiscal year of the 
                issuer during which it had total annual gross 
                revenues of $1,000,000,000 (as such amount is 
                indexed for inflation every 5 years by the 
                Commission to reflect the change in the 
                Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics, 
                setting the threshold to the nearest 1,000,000) 
                or more;
                  (B) the last day of the fiscal year of the 
                issuer following the fifth anniversary of the 
                date of the first sale of common equity 
                securities of the issuer pursuant to an 
                effective registration statement under this 
                title;
                  (C) the date on which such issuer has, during 
                the previous 3-year period, issued more than 
                $1,000,000,000 in non-convertible debt; or
                  (D) the date on which such issuer is deemed 
                to be a ``large accelerated filer'', as defined 
                in section 240.12b-2 of title 17, Code of 
                Federal Regulations, or any successor thereto.
  (b) Consideration of Promotion of Efficiency, Competition, 
and Capital Formation.--Whenever pursuant to this title the 
Commission is engaged in rulemaking and is required to 
consider or determine whether an action is necessary or 
appropriate in the public interest, the Commission shall also 
consider, in addition to the protection of investors, whether 
the action will promote efficiency, competition, and capital 
formation.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 3672 would allow broker-dealers to provide their 
clients (i.e., retail and institutional investors) with 
``research reports'' prepared by the broker-dealer itself 
without it qualifying as a general solicitation. This may give 
rise to fewer disclosures about the issuer of the securities 
and concerning conflicts of interest as broker-dealers often 
earn a commission on the sale of a security, therefore leading 
to investors receiving misleading or overly favorable advice 
about a particular investment.
    Research reports are comprehensive documents prepared by 
financial analysts, researchers, or investment firms that 
evaluate and provide insights on specific securities (such as 
stocks, bonds, or other investment instruments).\1\ These 
reports aim to inform and help investors make informed 
decisions by offering an in-depth analysis of the financial 
health, operations, industry, and prospects of a company or 
security. Currently, a research report about a security that is 
offered by a broker-dealer qualifies as a ``general 
solicitation,'' unless the issuer is an emerging growth company 
(EGC).\2\ A general solicitation is a legal term in securities 
parlance for formally marketing a security to the general 
public.\3\ This bill expands the EGC research report carveout, 
which is a temporary 5 year exemption to help new public 
companies, to apply to all issuers; in other words, under this 
bill, broker-dealers would be able to offer research reports 
about any issuer without it counting as a general solicitation.
---------------------------------------------------------------------------
    \1\Investopedia, ``What is a Research Report? How They're Produced 
and Impact'' (Apr. 6, 2021).
    \2\Latham & Watkins, ``Client Alert: The JOBS Act: The 50 Most 
Frequently Asked Questions'' (accessed Jun. 5, 2025).
    \3\SEC, Capital Raising Building Blocks: General Solicitation (Aug. 
30, 2024).
---------------------------------------------------------------------------
    There are several significant issues with H.R. 3672: first, 
when something qualifies as a general solicitation, it triggers 
certain requirements that include (but are not limited to) the 
broker needing to provide investors with a prospectus 
containing a detailed description of business, risks factors, 
and a discussion of the company's financial condition by 
management.\4\ By exempting broker-dealer drafted research 
reports from counting as a general solicitation across the 
board, this bill deprives investors of important information 
and disclosures about the securities subject to the research 
report. Second, when these research reports are produced by the 
broker-dealer in house, there can be a conflict of interest in 
terms of what information they choose to include in these 
reports.\5\ This is because broker-dealers are often paid a 
commission when their clients buy or sell the security they are 
issuing the report on--and therefore is incentivized to draft 
the reports in a way that encourages their clients to purchase 
those securities.\6\
---------------------------------------------------------------------------
    \4\SEC, General solicitation--Rule 506(c) (Jun. 28, 2024).
    \5\Melanie Senter Lubin, Commissioner, Office of Attorney General, 
State of Maryland, Testimony before the House Financial Services 
Subcommittee on Capital Markets (April 19, 2023), at 32.
    \6\Alexander Thornton, Senior Director, Center for American 
Progress, Analysis of April 26, 2023, markup bills, on file, (April 21, 
2023).
---------------------------------------------------------------------------
    Furthermore, Regulation Best Interest (or ``Reg BI''), 
which requires a broker-dealer to act in a client's best 
interest,\7\ does not apply to a broker-dealer drafted research 
report unless the report includes a specific recommendation to 
the client to buy the security in the report.\8\ In other 
words, a broker-drafted research report does not need to be 
drafted with investors' best interests in mind, and could 
therefore be written to contain biased or misleading 
information in order to encourage the investor purchase the 
security that is discussed in the report. Not to mention, 
investors will have fewer legal remedies against a broker when 
they make investment decisions in reliance on a product not 
covered by Reg BI (as would be the case with broker-drafted 
research reports under this bill).
---------------------------------------------------------------------------
    \7\SEC Rule 15l-1 under the Securities Exchange Act of 1934.
    \8\From the SEC's Reg BI Adopting Release (SEC Release No. 34-
86031, June 5, 2019): ``General communications that are not 
recommendations, such as television, radio, and billboard 
advertisements, and research reports that are not directed to a 
particular retail customer, are not subject to Regulation Best 
Interest.''
---------------------------------------------------------------------------
    A prior version of this bill was included as a provision in 
the large capital markets package H.R. 2799, which did not 
receive a single Democratic vote in either the Committee markup 
or on the House floor. It was also previously opposed by 
multiple investor advocate groups, including AARP, the North 
American Securities Administrators Association (NASAA), the 
Consumer Federation of America, Americans for Financial Reform, 
and Public Citizen.
    For these reasons, we oppose H.R. 3672.
            Sincerely,
                                   Maxine Waters,
                                           Ranking Member.
                                   Nydia M. Velazquez,
                                   Gregory W. Meeks,
                                   David Scott,
                                   Al Green,
                                   Emanuel Cleaver, II,
                                   Bill Foster,
                                   Joyce Beatty,
                                   Juan Vargas,
                                   Rashida Tlaib,
                                   Sylvia R. Garcia,
                                           Members of Congress.

                                  [all]