II Calendar No. 14 115TH CONGRESS 1ST SESSION S. 484 To amend the Investment Company Act of 1940 to terminate an exemption for companies located in Puerto Rico, the Virgin Islands, and any other possession of the United States. IN THE SENATE OF THE UNITED STATES MARCH 1, 2017 Mr. MENENDEZ (for himself, Mr. HATCH, Ms. CORTEZ MASTO, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs MARCH 13, 2017 Reported by Mr. CRAPO, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To amend the Investment Company Act of 1940 to terminate an exemption for companies located in Puerto Rico, the Virgin Islands, and any other possession of the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:37 Mar 13, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S484.RS S484 asabaliauskas on DSK3SPTVN1PROD with BILLS 2 •S 484 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘U.S. Territories Inves- 2 tor Protection Act of 2017’’. 3 SEC. 2. TERMINATION OF EXEMPTION. 4 (a) IN GENERAL.—Section 6(a) of the Investment 5 Company Act of 1940 (15 U.S.C. 80a–6(a)) is amended 6 by striking paragraph (1). — 7 (1) by striking paragraph (1); and 8 (2) by redesignating paragraphs (2) through (5) 9 as paragraphs (1) through (4), respectively. 10 (b) EFFECTIVE DATE AND SAFE HARBOR.— 11 (1) EFFECTIVE DATE.—Except as provided in 12 paragraph (2), the amendment made by subsection 13 (a) shall take effect on the date of the enactment of 14 this Act. 15 (2) SAFE HARBOR.—With respect to a company 16 that is exempt under section 6(a)(1) of the Invest- 17 ment Company Act of 1940 (15 U.S.C. 80a–6(a)(1)) 18 on the day before the date of the enactment of this 19 Act, the amendment made by subsection (a) shall 20 take effect on the date that is 3 years after the date 21 of the enactment of this Act. 22 (3) EXTENSION OF SAFE HARBOR.—The Secu- 23 rities and Exchange Commission, by rule andor reg- 24 ulation upon its own motion, or by order upon appli- 25 cation, may conditionally or unconditionally, under 26 VerDate Sep 11 2014 22:11 Mar 13, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S484.RS S484 asabaliauskas on DSK3SPTVN1PROD with BILLS 3 •S 484 RS section 6(c) of the Investment Company Act of 1940 1 (15 U.S.C. 80a–6(c)), further delay the effective 2 date for a company described in paragraph (2) for 3 a maximum of 3 years following the initial 3-year 4 period if, before the end of the initial 3-year period, 5 the Commission determines that such a rule, regula- 6 tion, motion, or order is necessary or appropriate in 7 the public interest and for the protection of inves- 8 tors. 9 VerDate Sep 11 2014 22:11 Mar 13, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S484.RS S484 asabaliauskas on DSK3SPTVN1PROD with BILLS Calendar No. 14 115TH CONGRESS 1ST SESSION S. 484 A BILL To amend the Investment Company Act of 1940 to terminate an exemption for companies located in Puerto Rico, the Virgin Islands, and any other possession of the United States. MARCH 13, 2017 Reported with amendments VerDate Sep 11 2014 22:11 Mar 13, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6651 Sfmt 6651 E:\BILLS\S484.RS S484 asabaliauskas on DSK3SPTVN1PROD with BILLS