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H.R. 5322, U.S. Territories Investment Protection Act of 2016 1 (July 12, 2016)

handle is hein.congrec/cbo3056 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                     July 12, 2016


                                  H.R. 5322
             U.S. Territories Investment Protection Act of 2016

  As ordered reported by the House Committee on Financial Services on June 16, 2016


Under current law, the Securities and Exchange Commission (SEC) registers some issuers
of securities as investment companies and regulates aspects of their operations. Investment
companies that are located in Puerto Rico, the Virgin Islands, or other United States
possessions are exempt from registration under certain conditions. H.R. 5322 would
remove that exemption three years after the date of enactment of the bill; however, the SEC
could extend the exemption for up to three additional years following the initial three-year
period.

On the basis of information from the SEC, CBO estimates that there would be no
significant cost for extending current regulations to include these companies. Moreover,
the SEC is authorized to collect fees sufficient to offset its annual appropriation; therefore,
CBO estimates that the net effect on discretionary spending would be negligible, assuming
appropriations actions consistent with that authority.

Enacting H.R. 5322 would not affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 5322 would not increase net
direct spending or on-budget deficits in any of the four consecutive 10-year periods
beginning in 2027.

H.R. 5322 contains no intergovernmental mandates as defined in the Unfunded Mandates
Reform Act and would not affect the budgets of state, local, or tribal governments.

By removing a regulatory exemption under the Investment Company Act the bill would
impose a private-sector mandate on investment companies that are headquartered in a U.S.
territory and that sell securities exclusively to residents of that territory. Without the
exemption those companies would be subject to existing federal requirements for
investment companies such as registering with the SEC, meeting minimum capital
requirements, making disclosures to investors, and registering the securities that they offer.
The cost of the mandate would include registration fees and the ongoing costs of
complying with SEC requirements. Based on an estimate of the total asset size of the
investment companies that could be affected and the current rates of regulatory fees that
would apply to those companies, CBO estimates that the aggregate cost of the mandate

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