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15 U.S.C. § 78ppInvestor Advisory Committee

submitted 92 years ago by Pub. L. 111-203 to r/title-15-COMMERCE-AND-TRADE · 695 words · no verdicts yet

in plain englishAI-generated · not legal advice

The SEC has an Investor Advisory Committee to give it advice. The Committee studies SEC rules, investor protections, and market confidence, then makes recommendations. The SEC must respond publicly to each recommendation, but doesn't have to follow it.

(a) Establishment and purpose. The SEC has an Investor Advisory Committee. The Committee's job is to advise and consult with the SEC on its regulatory priorities; on issues about securities products, trading strategies, fee structures, and how well companies disclose information; on ways to protect investors; and on ways to build investor confidence and the integrity of the securities markets. The Committee can also send the SEC findings and recommendations it thinks are appropriate, including proposals for new legislation. (b) Membership. The Committee's members are: the Investor Advocate; someone representing state securities regulators; someone representing senior citizens' interests; and between 10 and 20 members the SEC appoints from people who represent individual stock and bond investors (including mutual fund investors), represent institutional investors like pension funds and registered investment companies, understand investment issues and decisions, and have a reputation for integrity. Each appointed member serves a 4-year term. Being on the Committee doesn't make an appointed member an SEC employee or agent. (c) Leadership. From among themselves, the Committee's members elect a chair (who can't work for a company that issues securities), a vice chair (same restriction), a secretary, and an assistant secretary. Each of these elected members serves 3 years in that role. (d) Meetings. The Committee must meet at least twice a year when its chair calls a meeting, and any other time the SEC calls one. The chair must give members written notice at least two weeks before each meeting. (e) Pay and travel expenses. A Committee member who isn't a full-time federal employee can be paid, for each day spent doing Committee work, up to the daily rate of a top-level federal executive position (Level V of the Executive Schedule). While traveling away from home for Committee business, they're also entitled to travel expenses, including a daily allowance, on the same terms as other part-time federal workers. (f) Staff. The SEC must give the Committee whatever staff its chair decides are necessary to do its job. (g) SEC review. The SEC must review each finding or recommendation the Committee sends it, and every time the Committee submits one, must promptly issue a public statement assessing it and saying what action, if any, the SEC plans to take. (h) No obligation to act. Nothing in this section forces the SEC to agree with, or act on, any Committee finding or recommendation. (i) A separate federal advisory-committee law (chapter 10 of title 5) does not apply to this Committee or its work. (j) Funding. Congress may appropriate whatever money is needed for the SEC to run this Committee.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment and purpose
(1) Establishment

There is established within the Commission the Investor Advisory Committee (referred to in this section as the “Committee”).

(2) Purpose

The Committee shall—

(A)

advise and consult with the Commission on—

(i)

regulatory priorities of the Commission;

(ii)

issues relating to the regulation of securities products, trading strategies, and fee structures, and the effectiveness of disclosure;

(iii)

initiatives to protect investor interest; and

(iv)

initiatives to promote investor confidence and the integrity of the securities marketplace; and

(B)

submit to the Commission such findings and recommendations as the Committee determines are appropriate, including recommendations for proposed legislative changes.

(b) Membership
(1) In general

The members of the Committee shall be—

(A)

the Investor Advocate;

(B)

a representative of State securities commissions;

(C)

a representative of the interests of senior citizens; and

(D)

not fewer than 10, and not more than 20, members appointed by the Commission, from among individuals who—

(i)

represent the interests of individual equity and debt investors, including investors in mutual funds;

(ii)

represent the interests of institutional investors, including the interests of pension funds and registered investment companies;

(iii)

are knowledgeable about investment issues and decisions; and

(iv)

have reputations of integrity.

(2) Term

Each member of the Committee appointed under paragraph (1)(B) shall serve for a term of 4 years.

(3) Members not Commission employees

Members appointed under paragraph (1)(B) shall not be deemed to be employees or agents of the Commission solely because of membership on the Committee.

(c) Chairman; vice chairman; secretary; assistant secretary
(1) In general

The members of the Committee shall elect, from among the members of the Committee—

(A)

a chairman, who may not be employed by an issuer;

(B)

a vice chairman, who may not be employed by an issuer;

(C)

a secretary; and

(D)

an assistant secretary.

(2) Term

Each member elected under paragraph (1) shall serve for a term of 3 years in the capacity for which the member was elected under paragraph (1).

(d) Meetings
(1) Frequency of meetings

The Committee shall meet—

(A)

not less frequently than twice annually, at the call of the chairman of the Committee; and

(B)

from time to time, at the call of the Commission.

(2) Notice

The chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 2 weeks before the date of the meeting.

(e) Compensation and travel expenses

Each member of the Committee who is not a full-time employee of the United States shall—

(1)

be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5 for each day during which the member is engaged in the actual performance of the duties of the Committee; and

(2)

while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) 1 of title 5.

(f) Staff

The Commission shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out this section.

(g) Review by Commission

The Commission shall—

(1)

review the findings and recommendations of the Committee; and

(2)

each time the Committee submits a finding or recommendation to the Commission, promptly issue a public statement—

(A)

assessing the finding or recommendation of the Committee; and

(B)

disclosing the action, if any, the Commission intends to take with respect to the finding or recommendation.

(h) Committee findings

Nothing in this section shall require the Commission to agree to or act upon any finding or recommendation of the Committee.

(i) Chapter 10 of title 5

Chapter 10 of title 5 shall not apply with respect to the Committee and its activities.

(j) Authorization of appropriations

There is authorized to be appropriated to the Commission such sums as are necessary to carry out this section.

Source credit: (June 6, 1934, ch. 404, title I, § 39, as added Pub. L. 111–203, title IX, § 911, July 21, 2010, 124 Stat. 1822; amended Pub. L. 117–286, § 4(a)(64), Dec. 27, 2022, 136 Stat. 4312.)

history & why it existsrecord from the source credit
  • 1934Enacted · Pub. L. 111-203 · 124 Stat. 1822
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4312

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1934-06-06.

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