[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4400 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4400
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2024
Mrs. Britt introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 effect during the period in
which the study is conducted, aligns with the findings
and declarations made under section 2(a) of the
Regulatory Flexibility Act (5 U.S.C. 601 note);
(B) the amount by which financial markets in the
United States have grown since the last time the
Commission amended the definition of the term ``small
entity'', if applicable; and
(C) how the Commission should define the term
``small entity'' to ensure that a meaningful number of
entities would fall under that definition; and
(2) submit to Congress a report that includes--
(A) the results of the applicable study conducted
under paragraph (1); and
(B) specific and detailed recommendations on the
ways in which the Commission could amend the definition
of the term ``small entity'' to--
(i) be consistent with the results
described in subparagraph (A); and
(ii) expand the number of entities covered
by that definition.
(c) Rulemaking.--After the completion of each study required under
subsection (b), the Commission shall, subject to public notice and
comment, revise the rules of the Commission consistent with the results
of the study.
(d) Inflation Adjustments.--As soon as practicable following the
date of enactment of this Act, and every 5 years thereafter, the
Commission shall adjust all dollar figures under the definition of
small entity established by the Commission to reflect the change in the
Consumer Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
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