Military Personnel Financial Services Protection Act
Latest Action
Became Public Law No: 109-290.
Official Summary
(This measure has not been amended since it was reported to the Senate on July 13, 2006. The summary of that version is repeated here.) Military Personnel Financial Services Protection Act - (Sec. 4) Amends the Investment Company Act of 1940 to make it unlawful for any registered investment company to issue or sell any periodic payment plan certificate. Retains the validity of certain previously issued certificates. Directs the Securities and Exchange Commission (SEC) to report to certain congressional committees on: (1) measures taken by a registered broker or dealer to refund voluntarily payments made by military service members on any periodic payment plan certificate, and the amounts of such refunds; (2) the sales practices of such brokers or dealers on military installations over the five years preceding submission of the report, and any legislative or regulatory recommendations to improve such practices; and (3) the revenues generated by such brokers or dealers in the sales of periodic payment plan certificates over such five-year period, and the products marketed by them to replace the revenue generated from the sales of prohibited certificates. (Sec. 5) Amends the Securities Exchange Act of 1934 to require the rules of a registered securities association to: (1) govern the sales, or offers of sales, of securities on the premises of any military installation to any member of the Armed Forces, including absence of referral fees or incentives and conspicuous disclosure that the securities are neither sanctioned, recommended, nor encouraged by the federal government; and (2) establish a system for collecting and retaining registration, disciplinary, and disputed information, as well as a toll-free telephone listing for prompt response to inquiries about member registration information. (Sec. 7) Amends the Investment Advisers Act of 1940 to authorize the SEC to require an investment adviser to file with the SEC any fee, application, report, or notice required to be filed, and pay associated costs. Directs the SEC to require such entity to establish and maintain a toll-free telephone listing, or other readily accessible process to receive and promptly respond to inquiries regarding registration, disciplinary, and other information involving investment advisers and associated persons. (Sec. 8) Declares that any state law, regulation, or order regarding the business of insurance shall apply to insurance activities conducted on federal land or facilities in the United States and abroad, including military installations. Prescribes the requirements of primary state jurisdiction of insurance or securities activities on federal land or facilities. (Sec. 9) Expresses the sense of Congress that the National Association of Insurance Commissioners (NAIC) should study and report to certain congressional committees on the extent to which the states have worked collectively with the Secretary of Defense to ensure implementation of appropriate standards to protect members of the Armed Forces from dishonest and predatory insurance sales practices while on a federal military installation. Expresses the sense of Congress that senior representatives of the Secretary of Defense, the SEC, and the NAIC should meet twice a year to coordinate their activities and monitor enforcement of the sale of financial products on federal military installations. (Sec. 10) Prohibits an insurer or producer from selling, or offering for sale, any life insurance product to any member of the Armed Forces or a dependent on a federal military installation, unless specified written disclosures have been provided at the time of the sale. Makes the sale of a life insurance product in violation of this Act voidable from its inception, at the sole option of the member of the Armed Forces or dependent. Prohibits any person who has intentionally violated, or willfully disregarded, these prohibitions and requirements from further engaging in the business of insurance with respect to federal employees on federal land, except regarding existing policies. Exempts from these prohibitions and requirements any life insurance product specifically contracted by or through the federal government. (Sec. 11) Expresses the sense of Congress that the NAIC should study and report to certain congressional committees on ways of improving the quality of and sale of life insurance products sold on federal military installations. Directs the Comptroller General, if the NAIC does not submit such a report, to study and report to specified congressional committees on any proposals that have been made to improve the quality and sale of life insurance products sold on military installations of the United States. (Sec. 12) Prohibits any insurer from contracting with any person that sells or solicits the sale of any life insurance product on U.S. military installations unless the insurer has implemented a system to report to certain state insurance commissioners any federal, state, or corporate disciplinary actions taken with respect to such sales or solicitations. Expresses the sense of Congress that the states should collectively implement a system to: (1) receive reports of such disciplinary actions; and (2) disseminate such information to all other states and to the Secretary of Defense. (Sec. 13) Requires the Secretary of Defense to: (1) establish a list of insurance agents and financial advisors that have been barred or banned from doing business on federal military installations; and (2) ensure that federal and state regulatory agencies for securities and insurance are promptly notified upon the inclusion in or removal from the list. (Sec. 14) Instructs the Inspector General of the Department of Defense to study and report to certain congressional committees on the impact of a certain Department of Defense Instruction and the reforms included in this Act on the quality and suitability of sales of securities and insurance products marketed or otherwise offered to members of the Armed Forces.
GovScope Watchdog™
AI Government Intelligence™The Military Personnel Financial Services Protection Act, enacted as Public Law No: 109-290 on September 29, 2006, aims to protect members of the Armed Forces and their dependents from potentially harmful financial sales practices on military installations. It prohibits registered investment companies from issuing or selling periodic payment plan certificates, mandates disclosures and restrictions on life insurance sales, and requires enhanced oversight and reporting by the Securities and Exchange Commission (SEC), state insurance regulators, and the Department of Defense (DoD). The Act also establishes coordination mechanisms among federal and state agencies to monitor and regulate the sale of financial products to military personnel, including the creation of a list of barred insurance agents and financial advisors. Additionally, it calls for studies and reports on sales practices and product quality to inform future legislative or regulatory actions.
This law strengthens protections for military members against certain financial sales practices by imposing prohibitions, disclosure requirements, and enhanced regulatory oversight on securities and insurance sales on military installations.
- Prohibits registered investment companies from issuing or selling periodic payment plan certificates to military personnel.
- Requires disclosures and restricts the sale of life insurance products on military installations, making violations voidable at the option of the service member or dependent.
- Mandates SEC and state insurance regulators to report on sales practices, disciplinary actions, and revenue related to financial products sold to military members.
- Directs the DoD to maintain a list of barred insurance agents and financial advisors and notify regulatory agencies of changes.
- Encourages coordination between the DoD, SEC, and National Association of Insurance Commissioners (NAIC) to monitor enforcement and improve standards.
['Members of the Armed Forces and their dependents', 'Securities and Exchange Commission (SEC)', 'Department of Defense (DoD)', 'State insurance regulators', 'National Association of Insurance Commissioners (NAIC)']
['Implementation complexity due to coordination requirements among multiple federal and state agencies.', 'Costs associated with establishing and maintaining toll-free hotlines, reporting systems, and barred agent lists.', 'Potential challenges in enforcing prohibitions and disclosures uniformly across all military installations and states.', 'Oversight burden on the SEC, DoD Inspector General, and state regulators to monitor compliance and report findings.', 'Balancing federal and state jurisdiction over insurance activities conducted on federal land.']
The bill was introduced and passed during the 109th Congress and signed into law in 2006. It reflects congressional efforts to address concerns about predatory financial sales practices targeting military personnel on federal installations. The Act amends multiple existing securities and insurance laws to enhance protections and regulatory oversight specific to the military context. It also emphasizes interagency cooperation and reporting to Congress to ensure ongoing monitoring and improvement of financial product sales to service members.
High concern review — 3 hidden impact flags detected
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['Improved transparency and reporting may lead to better regulatory policies and protections for military personnel over time.', 'Coordination between federal and state agencies could enhance enforcement consistency but may require new interagency protocols.', 'Financial service providers may adjust their marketing strategies or product offerings to comply with the new restrictions and disclosure requirements.', 'The establishment of barred lists and disciplinary reporting systems could deter predatory sales practices on military installations.']
The Act mandates extensive reporting and coordination among federal and state agencies, which provides multiple oversight points for monitoring compliance and effectiveness. Transparency is enhanced through required disclosures to military members and public reporting to Congress. However, the complexity of jurisdictional authority and enforcement responsibilities across agencies and states warrants ongoing attention to ensure consistent application and to assess resource adequacy for sustained oversight.
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