S.Amdt. 4057Senate111th Congress (2009-2011)2nd degree
S.Amdt. 4057
Sponsored by
Sen. Michael B. Enzi (R-WY)
Submitted May 17, 2010
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Senate amendment submitted
May 17, 2010
Text
Submitted
SA 4057. Mr. ENZI (for himself and Mr. Corker) submitted an amendment intended to be proposed to amendment SA 3739 proposed by Mr. Reid (for Mr. Dodd (for himself and Mrs. Lincoln)) to the bill S. 3217, to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end ``too big to fail,'' to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes; which was ordered to lie on the table; as follows: On page 956, strike line 10 and all that follows through page 957, line 11, and insert the following: SEC. 978. FUNDING FOR GOVERNMENTAL ACCOUNTING STANDARDS BOARD. (a) Amendment to Securities Act of 1933.--Section 19 of the Securities Act of 1933 (15 U.S.C. 77s), as amended by section 912, is further amended by adding at the end the following: ``(g)(1) The Commission may, subject to the limitations imposed by section 15B of the Securities Exchange Act (15 U.S.C. 78o-4) require a national securities association registered under the Securities Exchange Act of 1934 to establish-- ``(A) a reasonable annual accounting support fee to adequately fund the annual budget of the Governmental Accounting Standards Board (hereafter referred to in this subsection as the `GASB'); and ``(B) rules and procedures, in consultation with the principal organizations representing State governors, legislators, local elected officials, and State and local finance officers, to provide for the equitable allocation, assessment, and collection of the accounting support fee established under subparagraph (A) from the members of the association, and the remittance of all such accounting support fees to the Financial Accounting Foundation. ``(2) Annual budget.--For purpose of this subsection, the annual budget of the GASB is the annual budget reviewed and approved according to the FAF's internal procedures. ``(3) Use of funds.--Any funds collected under this subsection shall be used to support the efforts of the GASB to establish standards of financial accounting and reporting recognized as generally accepted accounting principles applicable to State and local governments of the United States. ``(4) Limitation on fee.--The annual accounting support fees collected under this subsection for a fiscal year shall not exceed the recoverable annual budgeted expenses of the GASB (which may include operating expenses, capital, and accrued items). ``(5) Rules of construction.-- ``(A) Fees not public monies.--Accounting support fees collected pursuant to this subsection and other receipts of the GASB shall not be considered public monies of the United States. ``(B) Limitation on authority of the commission.--Nothing in this subsection shall be construed to-- ``(i) provide the Commission or any national securities association direct or indirect oversight of GASB's budget or technical agenda; or ``(ii) affect the GASB's setting of generally accepted accounting principles. ``(C) Noninterference with states.--Nothing in this subsection shall be construed to impair or limit the authority of a State or local government to establish accounting and financial reporting standards.''. (b) Study of Funding for Governmental Accounting Standards Board.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates-- (A) the role and importance of the Governmental Accounting Standards Board in the municipal securities markets; (B) the manner and the level at which the Governmental Accounting Standards Board has been funded; (2) Consultation.--In conducting the study required under paragraph (1), the Comptroller General shall consult with the principal organizations representing State governors, legislators, and local elected officials and State and local finance officers. (3) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General 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 study required under paragraph (1). ______