IB 

Union Calendar No. 66 

118TH CONGRESS 

1ST SESSION H. R. 2610 

[Report No. 118–89] 

To amend the Securities Exchange Act of 1934 to specify certain registration 

statement contents for emerging growth companies, to permit issuers 

to file draft registration statements with the Securities and Exchange 

Commission for confidential review, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2023 

Mr. MCHENRY introduced the following bill; which was referred to the 

Committee on Financial Services 

JUNE 5, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 13, 2023] 


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•HR 2610 RH

A BILL 

To amend the Securities Exchange Act of 1934 to specify 

certain registration statement contents for emerging 

growth companies, to permit issuers to file draft registration statements with the Securities and Exchange Commission for confidential review, and for other purposes. 


SSpencer on DSK126QN23PROD with BILLS
3 

•HR 2610 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REGISTRATION STATEMENTS. 

4 Section 12(b) of the Securities Exchange Act of 1934 

5 (15 U.S.C. 78l(b)) is amended— 

6 (1) in paragraph (1)(K), by striking ‘‘years,’’ 

7 and inserting ‘‘years (or, in the case of an emerging 

8 growth company, not more than the two preceding 

9 years),’’; and 

10 (2) by adding at the end the following: 

11 ‘‘Any issuer may confidentially submit to the Commission 

12 a draft registration statement for confidential nonpublic re13 view by the staff of the Commission prior to public filing, 

14 provided that the initial confidential submission and all 

15 amendments thereto shall be publicly filed with the Com16 mission not later than 10 days before listing on a national 

17 securities exchange. Notwithstanding any other provision of 

18 this title, the Commission shall not be compelled to disclose 

19 any information provided to or obtained by the Commission 

20 pursuant to this subsection. For purposes of section 552 of 

21 title 5, this subsection shall be considered a statute described 

22 in subsection (b)(3)(B) of such section 552. Information de23 scribed in or obtained pursuant to this subsection shall be 

24 deemed to constitute confidential information for purposes 

25 of section 24.’’. 


SSpencer on DSK126QN23PROD with BILLS
Union Calendar No. 66 

118TH CONGRESS 

1ST SESSION H. R. 2610 

[Report No. 118–89] 

A BILL 

To amend the Securities Exchange Act of 1934 to 

tial review, and for other purposes. curities and Exchange Commission for confidento file draft registration statements with the Sefor emerging growth companies, to permit issuers specify certain registration statement contents 

JUNE 5, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


SSpencer on DSK126QN23PROD with BILLS