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                     118TH  CONGRESS                                           REPORT
                         1st Session    HOUSE OF REPRESENTATIVES               118-80





                     TO  REQUIRE  THE  SECURITIES   AND  EXCHANGE   COMMISSION TO CARRY
                       OUT  A STUDY  AND   RULEMAKING ON THE DEFINITION OF THE TERM
                       SMALL  ENTITY  FOR  PURPOSES  OF  THE  SECURITIES  LAWS,  AND  FOR
                       OTHER  PURPOSES


                       MAY 30, 2023.-Committed to the Committee of the Whole House on the State of
                                         the Union and ordered to be printed



                          Mr.  MCHENRY,   from  the Committee   on Financial  Services,
                                            submitted  the  following


                                               R   E  P  O  R   T

                                               [To accompany H.R. 2792]

                                [Including cost estimate of the Congressional Budget Office]

                       The  Committee   on  Financial  Services, to whom  was  referred the
                     bill (H.R. 2792) to require the Securities and Exchange   Commission
                     to carry out  a study  and rulemaking   on  the definition of the term
                     small entity for purposes  of the securities laws, and for other pur-
                     poses, having  considered  the  same, reports  favorably thereon  with
                     an  amendment and recommends that the bill as amended do pass.
                       The  amendment is as follows:
                       Strike  all after the enacting clause and insert the following:

                     SECTION 1. SHORT TITLE.
                       This Act may be cited as the Small Entity Update Act.
                     SEC. 2. STUDIES, REPORTS, AND RULES REGARDING SMALL ENTITIES.
                       (a) DEFINITIONS.-In this section-
                           (1) the term Commission means the Securities and Exchange Commission;
                         and
                           (2) the term small entity-
                              (A) has the meaning given the term in section 601 of title 5, United
                            States Code, with respect to the activities of the Commission; and
                              (B) includes any definition established by the Commission of the term
                            small business, small organization, or small governmental jurisdiction
                            under paragraph (3), (4), or (5), respectively, of section 601 of title 5, United
                            States Code, with respect to the activities of the Commission.
                       (b) STUDIES AND REPORTS.-Not later than 1 year after the date of enactment of
                     this Act, and again 5 years thereafter, the Commission shall-
                           (1) conduct a study of the definition of the term small entity with respect
                         to the activities of the Commission for the purposes of chapter 6 of title 5,
                         United States Code, which shall consider-
                              (A) the extent to which the definition of the term small entity, as in ef-
                            fect during the period in which the study is conducted, aligns with the find-
                         39-006

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