S.Amdt. 3856Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3856
Sponsored by
Sen. Jack Reed (D-RI)
Submitted May 5, 2010
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Senate amendment submitted
May 5, 2010
Text
Submitted
SA 3856. Mr. REED submitted an amendment intended to be proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ``too big to fail'', to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes; which was ordered to lie on the table; as follows: On page 1055, after line 22, add the following: (c) Authority to Impose Conditions on the Availability of Certain Exemptions.-- (1) Authority established.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (A) by striking ``The provisions of section 5'' and inserting the following: ``(a) In General.--The provisions of section 5''; and (B) by adding at the end the following: ``(b) Authority to Impose Conditions.--The Commission may, by rules and regulations, condition the availability of any of the exemptions under subsection (a) on such disclosure, filing, or other requirements as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.''. (2) Conforming amendments.-- (A) Securities act of 1933.--The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended-- (i) in section 16(a)(3) (15 U.S.C. 77p(a)(3)) is amended by striking ``section 4(2)'' and inserting ``section 4(a)(2)''; and (ii) in section 18(b)(4) (15 U.S.C. 77r(b)(4))-- (I) in subparagraph (A), by striking ``section 4'' and inserting ``section 4(a)''; (II) in subparagraph (B), by striking ``section 4(4)'' and inserting ``section 4(a)(4)''; and (III) in subparagraph (D), by striking ``section 4(2)'' each place that term appears and inserting ``section 4(a)(2)''. (B) Securities exchange act of 1934.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (i) in section 15A(j) (15 U.S.C. 78o-3(j)), by striking ``4(2), or 4(6)'' and inserting ``4(a)(2), or 4(a)(6)''; and (ii) in section 28(f)(5)(E) (15 U.S.C. 778bb(f)) by striking ``section 4(2)'' and inserting ``section 4(a)(2)''. (C) Revised statutes.--Section 5136 of the Revised Statutes (12 U.S.C. 24) is amended, in the seventh paragraph, by striking ``section 4(5) of the Securities Act of 1933 (15 U.S.C. 77d(5))'' and inserting ``section 4(a)(5) of the Securities Act of 1933''. (D) Home owners' loan act.--Section 5(c)(1)(R)(i) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)(R)(i)) by striking ``section 4(5)'' and inserting ``section 4(a)(5)''. (E) Federal credit union act.--Section 107(15)(A) of the Federal Credit Union Act (12 U.S.C. 1757(15)(A)) is amended by striking ``section 4(5) of the Securities Act of 1933 (15 U.S.C. 77d(5))'' and inserting ``section 4(a)(5) of the Securities Act of 1933''. (F) Secondary mortgage market enhancement act of 1984.-- Section 106(a)(1) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(a)(1)) is amended by striking ``section 4(5)'' each place that term appears and inserting ``section 4(a)(5)''. ______