H.R. 4628

To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to disclose and report on non-material disclosure mandates, and for other purposes.

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118th CONGRESS

1st Session

H. R. 4628

IN THE HOUSE OF REPRESENTATIVES

July 13, 2023

Mr. Mooney introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to disclose and report on non-material disclosure mandates, and for other purposes.

1.

SEC justification of non-material disclosure mandates

Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following:

(e)

Non-Material disclosure mandates

(1)

Disclosure

The Commission shall maintain a list on the website of the Commission that contains—

(A)

each mandate under the Federal securities laws and regulations that requires the disclosure of non-material information; and

(B)

for each such disclosure mandate, an explanation of why the mandate is required.

(2)

Study and report

The Commission shall, every 5 years, issue a report to the Congress justifying each disclosure contained on the list required under paragraph (1).

(3)

No private liability for failing to make a non-material disclosure

A person who fails to disclose non-material information required to be disclosed under the Federal securities laws or regulations shall not be liable for such failure in any private action.

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