Establishment; composition; limitations on commissioners; terms of office
There is hereby established a Securities and Exchange Commission (hereinafter referred to as the “Commission”) to be composed of five commissioners to be appointed by the President by and with the advice and consent of the Senate. Not more than three of such commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. No commissioner shall engage in any other business, vocation, or employment than that of serving as commissioner, nor shall any commissioner participate, directly or indirectly, in any stock-market operations or transactions of a character subject to regulation by the Commission pursuant to this chapter. Each commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (1) any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the commissioners first taking office after , shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years, after .
Appointment and compensation of staff and leasing authority
Appointment and compensation
section 4802 of title 5The Commission shall appoint and compensate officers, attorneys, economists, examiners, and other employees in accordance with .
Reporting of information
section 1833b of title 12In establishing and adjusting schedules of compensation and benefits for officers, attorneys, economists, examiners, and other employees of the Commission under applicable provisions of law, the Commission shall inform the heads of the agencies referred to under and Congress of such compensation and benefits and shall seek to maintain comparability with such agencies regarding compensation and benefits.
Leasing authority
1
Acceptance of travel support for Commission activities from non-Federal sources; regulations
Notwithstanding any other provision of law, in accordance with regulations which the Commission shall prescribe to prevent conflicts of interest, the Commission may accept payment and reimbursement, in cash or in kind, from non-Federal agencies, organizations, and individuals for travel, subsistence, and other necessary expenses incurred by Commission members and employees in attending meetings and conferences concerning the functions or activities of the Commission. Any payment or reimbursement accepted shall be credited to the appropriated funds of the Commission. The amount of travel, subsistence, and other necessary expenses for members and employees paid or reimbursed under this subsection may exceed per diem amounts established in official travel regulations, but the Commission may include in its regulations under this subsection a limitation on such amounts.
Acceptance of relocation expenses from former employers by professional fellows program participants
Notwithstanding any other provision of law, former employers of participants in the Commission’s professional fellows programs may pay such participants their actual expenses for relocation to Washington, District of Columbia, to facilitate their participation in such programs, and program participants may accept such payments.
Fee payments
Notwithstanding any other provision of law, whenever any fee is required to be paid to the Commission pursuant to any provision of the securities laws or any other law, the Commission may provide by rule that such fee shall be paid in a manner other than in cash and the Commission may also specify the time that such fee shall be determined and paid relative to the filing of any statement or document with the Commission.
Reimbursement of expenses for assisting foreign securities authorities
section 78u(a)(2) of this titleNotwithstanding any other provision of law, the Commission may accept payment and reimbursement, in cash or in kind, from a foreign securities authority, or made on behalf of such authority, for necessary expenses incurred by the Commission, its members, and employees in carrying out any investigation pursuant to or in providing any other assistance to a foreign securities authority. Any payment or reimbursement accepted shall be considered a reimbursement to the appropriated funds of the Commission.
Office of the Investor Advocate
Office established
There is established within the Commission the Office of the Investor Advocate (in this subsection referred to as the “Office”).
Investor Advocate
In general
Compensation
The annual rate of pay for the Investor Advocate shall be equal to the highest rate of annual pay for other senior executives who report to the Chairman of the Commission.
Limitation on service
Staff of Office
The Investor Advocate, after consultation with the Chairman of the Commission, may retain or employ independent counsel, research staff, and service staff, as the Investor Advocate deems necessary to carry out the functions, powers, and duties of the Office.
Functions of the Investor Advocate
Access to documents
The Commission shall ensure that the Investor Advocate has full access to the documents of the Commission and any self-regulatory organization, as necessary to carry out the functions of the Office.
Annual reports
Report on objectives
In general
Not later than June 30 of each year after 2010, the Investor Advocate shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the objectives of the Investor Advocate for the following fiscal year.
Contents
Each report required under clause (i) shall contain full and substantive analysis and explanation.
Report on activities
In general
Not later than December 31 of each year after 2010, the Investor Advocate shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the activities of the Investor Advocate during the immediately preceding fiscal year.
Contents
Independence
Each report required under this paragraph shall be provided directly to the Committees listed in clause (i) without any prior review or comment from the Commission, any commissioner, any other officer or employee of the Commission, or the Office of Management and Budget.
Confidentiality
No report required under clause (i) may contain confidential information.
Regulations
The Commission shall, by regulation, establish procedures requiring a formal response to all recommendations submitted to the Commission by the Investor Advocate, not later than 3 months after the date of such submission.
Ombudsman
Appointment
2
Duties
Limitation
In carrying out the duties of the Ombudsman under subparagraph (B), the Ombudsman shall utilize personnel of the Commission to the extent practicable. Nothing in this paragraph shall be construed as replacing, altering, or diminishing the activities of any ombudsman or similar office of any other agency.
Report
The Ombudsman shall submit a semiannual report to the Investor Advocate that describes the activities and evaluates the effectiveness of the Ombudsman during the preceding year. The Investor Advocate shall include the reports required under this section in the reports required to be submitted by the Inspector Advocate under paragraph (6).
Examiners
Division of Trading and Markets
Division of Investment Management
Office of the Advocate for Small Business Capital Formation
Office established
There is established within the Commission the Office of the Advocate for Small Business Capital Formation (hereafter in this subsection referred to as the “Office”).
Advocate for Small Business Capital Formation
In general
Compensation
The annual rate of pay for the Advocate for Small Business Capital Formation shall be equal to the highest rate of annual pay for other senior executives who report directly to the Commission.
No current employee of the Commission
An individual may not be appointed as the Advocate for Small Business Capital Formation if the individual is currently employed by the Commission.
Staff of Office
The Advocate for Small Business Capital Formation, after consultation with the Commission, may retain or employ independent counsel, research staff, and service staff, as the Advocate for Small Business Capital Formation determines to be necessary to carry out the functions of the Office.
Functions of the Advocate for Small Business Capital Formation
Access to documents
The Commission shall ensure that the Advocate for Small Business Capital Formation has full access to the documents and information of the Commission and any self-regulatory organization, as necessary to carry out the functions of the Office.
Annual report on activities
In general
Not later than December 31 of each year after 2015, the Advocate for Small Business Capital Formation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the activities of the Advocate for Small Business Capital Formation during the immediately preceding fiscal year.
Contents
Confidentiality
No report required by subparagraph (A) may contain confidential information.
Independence
Each report required under subparagraph (A) shall be provided directly to the committees of Congress listed in such subparagraph without any prior review or comment from the Commission, any commissioner, any other officer or employee of the Commission, or the Office of Management and Budget.
Regulations
The Commission shall establish procedures requiring a formal response to all recommendations submitted to the Commission by the Advocate for Small Business Capital Formation, not later than 3 months after the date of such submission.
Government-Business Forum on Small Business Capital Formation
section 80c–1 of this titleThe Advocate for Small Business Capital Formation shall be responsible for planning, organizing, and executing the annual Government-Business Forum on Small Business Capital Formation described in .
Rule of construction
Nothing in this subsection may be construed as replacing or reducing the responsibilities of the Investor Advocate with respect to small business investors.
Open data publication
June 6, 1934, ch. 404 48 Stat. 885 Oct. 28, 1949, ch. 782 63 Stat. 972 Pub. L. 86–619, § 374 Stat. 408 Pub. L. 86–77174 Stat. 913 Pub. L. 88–426, title III, § 305(20)78 Stat. 425 Pub. L. 98–38, § 197 Stat. 205 Pub. L. 100–181, title III, § 307101 Stat. 1254 Pub. L. 101–550, title I, § 103104 Stat. 2713 Pub. L. 104–290, title IV, § 406110 Stat. 3444 Pub. L. 105–353, title II, § 203112 Stat. 3234 Pub. L. 107–123, § 8(d)(2)115 Stat. 2399 Pub. L. 111–203, title IX124 Stat. 1830 Pub. L. 114–284, § 2(a)130 Stat. 1447 Pub. L. 115–141, div. S, title IX, § 902132 Stat. 1143 Pub. L. 117–263, div. E, title LVIII, § 5822136 Stat. 3427 Pub. L. 119–21, title III, § 30003(a)139 Stat. 126 (, title I, § 4, ; , title XI, § 1106(a), ; , , ; , , ; , , ; , , ; , , ; , title II, § 207, , , 2721; , , ; , , ; , , ; , §§ 915, 919D, 965, 991(e)(1), , , 1840, 1911, 1954; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
section 78a of this titleThis chapter, referred to in subsecs. (a), (g)(4)(D)(ii), and (i)(4)(D)(ii), was in the original “this title”. See References in Text note set out under .
Pub. L. 111–203124 Stat. 1376 section 5301 of Title 12The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (j), is , , , which enacted chapter 53 (§ 5301 et seq.) of Title 12, Banks and Banking, and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of this title, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 119–212025—Subsecs. (i) to (k). redesignated subsecs. (j) and (k) as (i) and (j), respectively, and struck out former subsec. (i) which related to the establishment of the Securities and Exchange Commission Reserve Fund and amounts therein.
Pub. L. 117–2632022—Subsec. (k). added subsec. (k).
Pub. L. 115–1412018—Subsec. (j)(4)(C), (6)(B)(iii). substituted “minority-owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters” for “minority-owned and women-owned small businesses”.
Pub. L. 114–2842016—Subsec. (j). added subsec. (j).
Pub. L. 111–203, § 9152010—Subsec. (g). , added subsec. (g).
Pub. L. 111–203, § 919DSubsec. (g)(8). , added par. (8).
Pub. L. 111–203, § 965Subsec. (h). , added subsec. (h).
Pub. L. 111–203, § 991(e)(1)Subsec. (i). , added subsec. (i).
Pub. L. 107–1232002—Subsec. (b)(1), (2). added pars. (1) and (2) and struck out former pars. (1) and (2), which authorized the Commission to appoint and compensate officers, attorneys, examiners, and other experts as needed, and to select, appoint, and compensate professional economists.
Pub. L. 105–3531998—Subsec. (b)(2), (3). added par. (2) and redesignated former par. (2) as (3).
Pub. L. 104–2901996—Subsec. (e). inserted before period at end “and the Commission may also specify the time that such fee shall be determined and paid relative to the filing of any statement or document with the Commission”.
Pub. L. 101–550, § 1031990—Subsec. (b). , inserted heading, designated existing provision as par. (1) and inserted heading, and added par. (2).
Pub. L. 101–550, § 207Subsec. (f). , added subsec. (f).
Pub. L. 100–1811987—Subsec. (e). added subsec. (e).
Pub. L. 98–381983—Subsecs. (c), (d). added subsecs. (c) and (d).
Pub. L. 88–4261964—Subsec. (a). repealed provisions which prescribed the compensation of the Chairman and the Commissioners.
Pub. L. 86–7711960—Subsec. (a). authorized the chairman to receive an additional $500 a year.
Pub. L. 86–619 increased the salary of each commissioner from $15,000 to $20,000 a year, and provided for continuation in office of a commissioner upon termination of his term until a successor is appointed and has qualified, not beyond expiration of next session of Congress subsequent to the expiration of said fixed term of office.
1949—Subsec. (b). Act , substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 4 of Pub. L. 111–203section 5301 of Title 12Amendment by sections 915, 919D, and 965 of effective 1 day after , except as otherwise provided, see , set out as an Effective Date note under , Banks and Banking.
Pub. L. 111–203, title IX, § 991(e)(2)124 Stat. 1955
Effective Date of 2002 Amendment
Pub. L. 107–123section 11 of Pub. L. 107–123section 78ee of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1964 Amendment
Pub. L. 88–426section 501 of Pub. L. 88–426For effective date of amendment by , see .
Repeals
Act Oct. 28, 1949, ch. 782 Pub. L. 89–55480 Stat. 632 , set out in the credit of this section, was repealed (subject to a savings clause) by , , § 8, , 655.
Rule of Construction—No New Disclosure Requirements
Pub. L. 117–263section 5826 of Pub. L. 117–263section 77g of this titleAmendment by not to be construed to require certain additional information to be collected or disclosed, see , set out as a note under .
Expenditure of Funds in and Closure of the Securities and Exchange Commission Reserve Fund
Pub. L. 119–21, title III, § 30003(c)139 Stat. 126
Transition Provision .—
Transfer of Remaining Amounts .—
Closing of Account .—
Outreach by the Commission
Pub. L. 112–106, title VII, § 701126 Stat. 327
Pay Authority for Employment of Experts and Consultants
Pub. L. 111–203, title IX, § 929G(c)124 Stat. 1856
Executive Documents
Transfer of Functions
64 Stat. 1265 For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff. , 15 F.R. 3175, , set out below.
1950 REORGANIZATION PLAN NO. 1064 Stat. 1265 15 F.R. 3175,
5 U.S.C. 901Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, , pursuant to the provisions of the Reorganization Act of 1949, approved [see et seq.].
SECURITIES AND EXCHANGE COMMISSION
Section 1. Transfer of Functions to the Chairman
(a) Subject to the provisions of subsection (b) of this section there are hereby transferred from the Securities and Exchange Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds.
(b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission.
(3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan.
(4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes.
Sec. 2. Performance of Transferred Functions
The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of section 1 of this reorganization plan.
Sec. 3. Designation of Chairman
The functions of the Commission with respect to choosing a Chairman from among the Commissioners composing the Commission are hereby transferred to the President.
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 10 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Securities and Exchange Commission. My reasons for transmitting this plan are stated in an accompanying general message.
After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 10 of 1950 is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.
The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable.