PolicyBrief
H.J.RES. 53
119th CongressFeb 12th 2025
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Form N-PORT and Form N-CEN Reporting; Guidance on Open-End Fund Liquidity Risk Management Programs".
IN COMMITTEE

This bill disapproves and nullifies the Securities and Exchange Commission's rule concerning reporting requirements for certain investment funds and guidance on liquidity risk management.

Andrew Clyde
R

Andrew Clyde

Representative

GA-9

LEGISLATION

New Bill Nixes SEC's Investment Fund Reporting Rules: Transparency and Investor Protection at Risk

This bill throws out a Securities and Exchange Commission (SEC) rule that was supposed to make investment funds more transparent. Specifically, it targets the reporting requirements tied to Form N-PORT and Form N-CEN, along with guidance on how open-end funds should manage liquidity risk (89 Fed. Reg. 73764). Basically, if this bill passes, the SEC rule won't go into effect, meaning less oversight of these types of funds.

Scrapping the Rules

The core of this bill is a straight-up disapproval of the SEC's attempt to tighten up reporting for investment funds. The nixed rule focused on two key forms: N-PORT, which deals with monthly portfolio investment reports, and N-CEN, which covers annual reports. It also included guidance for open-end funds on managing liquidity risk—basically, ensuring they have enough cash on hand to meet investor demands.

Real-World Blowback

So, what does this mean for regular folks? Imagine you're a small business owner putting your savings into a mutual fund. Under the now-threatened SEC rule, these funds would have to regularly report detailed info about their holdings and how easily they can be turned into cash. This bill scraps that. Without these reporting requirements, it could be harder to see if a fund is taking on too much risk or if it might struggle to pay out if everyone suddenly wants their money back. For someone planning for retirement or saving for a down payment, that lack of transparency could be a real problem.

The Bigger Picture

This move fits into a larger trend of rolling back financial regulations. While less reporting might sound good to investment firms—less paperwork, more flexibility—it also means less oversight. The SEC put these rules in place to prevent the kind of financial instability that can hit everyday people hard. Think back to the 2008 financial crisis: a lack of transparency and risky investments played a big role. This bill, by reducing oversight, could open the door to similar problems down the line. The challenge will be to ensure that the cost of reduced oversight is justified, in terms of greater financial stability.