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B-332492 1 (2020-09-16)

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GU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548

B-332492


September 16, 2020

The Honorable Mike Crapo
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Maxine Waters
Chairwoman
The Honorable Patrick McHenry
Ranking Member
Committee on Financial Services
House of Representatives

Subject: U. S. Securities and Exchange Commission: Temporary Amendments to Regulation
         Crowdfunding; Extension

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Securities and Exchange Commission (Commission) entitled Temporary
Amendments to Regulation Crowdfunding; Extension (Release No. 33-10829). We received the
rule on August 31, 2020. It was published in the Federal Register as a temporary final rule;
extension on September 2, 2020. 85 Fed. Reg. 54483. The amendments in this rule are effective
from August 31, 2020, through September 1, 2021. This rule extends the effective date of
temporary final rules published under Temporary Amendments to Regulation Crowdfunding,
85 Fed. Reg. 27116 (May 7, 2020), from March 1, 2021, to September 1, 2021.

According to the Commission, this temporary final rule extends the effective date and applicability
dates of the Commission's temporary final rules under Regulation Crowdfunding to facilitate
capital formation for small businesses impacted by coronavirus disease 2019 (COVID-19). The
Commission states the temporary final rule is intended to expedite the offering process for
smaller, previously established companies directly or indirectly affected by COVID-19 that are
seeking to meet their funding needs through the offer and sale of securities pursuant to
Regulation Crowdfunding. The temporary final rule is designed to facilitate this offering process
by providing tailored, conditional relief from certain requirements of Regulation Crowdfunding
relating to the timing of the offering and the availability of financial statements required to be
included in issuers' offering materials while retaining appropriate investor protections.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule
from the date of publication in the Federal Register or receipt of the rule by Congress, whichever
is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if
the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public
interest, and the agency incorporates a statement of the findings and its reasons in the rule

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