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1 H.R. 6035, Streamlining Communications for Investors Act 1 (September 20, 2018)

handle is hein.congrec/cbostcinv0001 and id is 1 raw text is: 


                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                               September 20, 2018


                                  H.R. 6035
              Streamlining Communications for Investors Act

  As ordered reported by the House Committee on Financial Services on June 14, 2018


Under current law, companies that sell securities must register their offerings with the
Securities and Exchange Commission (SEC) before communicating with investors about
those securities. Some public companies, called well-known seasoned issuers (WKSIs),
are exempt from this communication limitation if they meet specific information
disclosure conditions. H.R. 6035 would expand that exemption to include communication
by an underwriter or dealer acting by or on behalf of a WKSI if the WKSI provides them
written authorization to act as its agent, authorizes the communication, and identifies
each underwriter or dealer that made use of the exemption in the prospectus for the
offering.

Using information from the SEC, CBO estimates that implementing H.R. 6035 would
cost less than $500,000 for the agency to conduct a rulemaking to expand the current
exemption. However, 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. 6035 would not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.

CBO estimates that enacting H.R. 6035 would not increase net direct spending or on-
budget deficits in any of the four consecutive 10-year periods beginning in 2029.

H.R. 6035 contains no intergovernmental mandates as defined in the Unfunded Mandates
Reform Act (UMRA).

If the SEC increased fees to offset its costs to conduct a rulemaking, H.R. 6035 would
increase the cost of an existing mandate on private entities required to pay those fees.
Using information from the SEC, CBO estimates that the incremental cost of the mandate
would be small and fall well below the annual threshold for private-sector mandates
established in UMRA ($160 million in 2018, adjusted annually for inflation).

The CBO staff contacts for this estimate are Stephen Rabent (for federal costs) and
Rachel Austin (for mandates). The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.

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