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1 1 (October 30, 2017)

handle is hein.congrec/cbo3820 and id is 1 raw text is: 




                   CONGRESSIONAL BUDGET OFFICE

U                             COST ESTIMATE
                                                                  October 30, 2017


                                   H.R. 2201
                       Micro Offering Safe Harbor Act

 As ordered reported by the House Committee on Financial Services on October 12, 2017


 Under current law, the Securities and Exchange Commission (SEC) prohibits the sale or
 delivery of securities that have not been registered with the agency. Some transactions are
 exempt from this prohibition. H.R. 2201 would expand the exemption to include the sale
 of securities that meet certain criteria regarding the number of purchasers and aggregate
 offering amount sold by the issuer in a 12-month period. The bill also would exempt such
 transactions from state regulation of securities offerings.

 Under H.R. 2201, CBO expects only a relatively small number of securities transactions
 would be covered under the expanded exemption that are not currently covered by other
 existing exemptions. As a result, and on the basis of information from the SEC, CBO
 estimates that implementing H.R. 2201 would have no significant effect on the agency's
 costs to update, monitor, and enforce regulations. 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 appropriation actions
 consistent with that authority.

 Enacting H.R. 2201 would not affect direct spending or revenues; therefore, pay-as-you-
 go procedures do not apply.

 CBO estimates that enacting H.R. 2201 would not increase net direct spending or on-
 budget deficits in any of the four consecutive 10-year periods beginning in 2028.

 H.R. 2201 would preempt state laws that govern state-level registration of security
 offerings by exempting some security offerings from state registration and regulation.
 Issuers would be exempt from registering such securities if each purchaser of the security
 has a pre-existing relationship with the officer of the issuer, the offering has 35 or fewer
 purchasers, and the aggregate amount of securities sold by the issuer does not exceed
 $500,000 in a 12-month period. The preemption would be a mandate as defined in the
 Unfunded Mandate Reform Act (UMRA) because it would limit the authority of states to
 apply their own laws and regulations. However, CBO estimates that the preemption itself
 would impose no duty on states that would result in additional spending or a loss
 of revenues.

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