118th CONGRESS 1st Session |
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.
July 13, 2023
Mr. Mooney introduced the following bill; which was referred to the Committee on Financial Services
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 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.”.