H.R. 2793 · 118th Congress · House

Encouraging Public Offerings Act of 2023

In Congress· Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Introduced
Apr 20, 23
Passed House
Jun 5, 23
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Encouraging Public Offerings Act of 2023

This bill provides statutory authority for all issuers of securities to use certain offering procedures that are available to emerging growth companies.

Specifically, the bill allows under statute issuers of securities to communicate with potential investors to ascertain interest in a contemplated securities offering, either before or after the filing of a registration statement (i.e., test the waters).

Additionally, issuers are allowed under statute to submit a confidential draft registration statement to the Securities and Exchange Commission (SEC) for review prior to public filing or within one year after the initial public offering or registration (i.e., a follow-on offering).

If the SEC pursues further rulemaking to related to these provisions, the SEC must submit a report to Congress supporting the basis of the rulemaking.

Previous Versions

00Apr 20, 2023

Encouraging Public Offerings Act of 2023

This bill provides statutory authority for all issuers of securities to use certain offering procedures that are available to emerging growth companies.

Specifically, the bill allows under statute issuers of securities to communicate with potential investors to ascertain interest in a contemplated securities offering, either before or after the filing of a registration statement (i.e., test the waters).

Additionally, issuers are allowed under statute to submit a confidential draft registration statement to the Securities and Exchange Commission for review prior to public filing or within one year after the initial public offering or registration.

Action Timeline

17
  1. JUN 06, 2023IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

  2. JUN 05, 2023Committee

    Reported (Amended) by the Committee on Financial Services. H. Rept. 118-90.

    118Yea
    90Nay
    0NV
  3. JUN 05, 2023Committee

    Reported (Amended) by the Committee on Financial Services. H. Rept. 118-90.

    118Yea
    90Nay
    0NV
  4. JUN 05, 2023Calendars

    Placed on the Union Calendar, Calendar No. 67.

  5. JUN 05, 2023Floor

    Mrs

    Wagner moved to suspend the rules and pass the bill, as amended.

  6. JUN 05, 2023Floor

    Considered under suspension of the rules

    (consideration: CR H2727-2729)

    2727Yea
    2729Nay
    0NV
  7. JUN 05, 2023Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 2793.

  8. JUN 05, 2023Floor

    At the conclusion of debate, the Yeas and Nays were demanded and ordered

    Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  9. JUN 05, 2023Floor

    Considered as unfinished business

    (consideration: CR H2731)

  10. JUN 05, 2023Floor

    Passed/agreed to in House

    Roll Call #245

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 384 - 13 (Roll no. 245). (text: CR H2727-2728)

    384Yea
    13Nay
    0NV
  11. JUN 05, 2023Floor

    On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 384 - 13 (Roll no. 245). (text: CR H2727-2728)

    Roll Call #245
    384Yea
    13Nay
    0NV
  12. JUN 05, 2023Floor

    Motion to reconsider laid on the table Agreed to without objection.

  13. APR 26, 2023Committee

    Committee Consideration and Mark-up Session Held.

  14. APR 26, 2023Committee

    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 38 - 1.

    38Yea
    1Nay
    0NV
  15. APR 20, 2023IntroReferral

    Introduced in House

  16. APR 20, 2023IntroReferral

    Introduced in House

  17. APR 20, 2023IntroReferral

    Referred to the House Committee on Financial Services.

Committees

4

Banking, Housing, and Urban Affairs Committee

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Referred: Jun 6, 2023

Active

Financial Services Committee

hsba00

Referred: Jun 5, 2023

Active

Financial Services Committee

hsba00

Referred: Apr 26, 2023

Active

Financial Services Committee

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Referred: Apr 20, 2023

Active