On the recordNovember 3, 2011
I have an amendment at the desk. The Acting CHAIR. The Clerk will designate the amendment. The text of the amendment is as follows: In section 4, strike ``Section'' and insert the following: (a) In General.--Section In section 4, add at the end the following: (b) Clarification of the Preservation of State Enforcement Authority.-- (1) In general.--The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(6) of such Act. (2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians.--Section 18(c)(1) of the Securities Act of 1933 is amended by striking ``with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions.'' and inserting the following: ``, in connection with securities or securities transactions, with respect to-- ``(A) fraud or deceit; ``(B) unlawful conduct by a broker or dealer; and ``(C) with respect to a transaction described under section 4(6), unlawful conduct by an intermediary, issuer, or custodian.''. The Acting CHAIR. Pursuant to House Resolution 453, the gentleman from Colorado (Mr.…





