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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.
Written by the nonpartisan Congressional Research Service, describing H.R. 2793 as passed House on Jun 5, 2023. It is not the text of the measure; a later amendment may have changed what it does.
House Jun 5, 2023
Encouraging Public Offerings Act
Passed · Two-thirds required
384 Yea 13 Nay 36 not voting
Crossed both parties 13 of 397 voting members broke with their own party: 13 Democrats.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
433 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor H.R. 2793 and vote against it. 1 signed when it was filed.
Organizations that named H.R. 2793 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
18 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.