[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 658 Enrolled Bill (ENR)]
H.R.658
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To provide for the protection of investors, increase confidence in the
capital markets system, and fully implement the Sarbanes-Oxley Act of
2002 by streamlining the hiring process for certain employment positions
in the Securities and Exchange Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountant, Compliance, and
Enforcement Staffing Act of 2003''.
SEC. 2. APPOINTMENT OF ACCOUNTANTS, ECONOMISTS, AND EXAMINERS BY THE
SECURITIES AND EXCHANGE COMMISSION.
(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3114. Appointment of accountants, economists, and examiners by
the Securities and Exchange Commission
``(a) Applicability.--This section applies with respect to any
position of accountant, economist, and securities compliance examiner
at the Commission that is in the competitive service.
``(b) Appointment Authority.--
``(1) In general.--The Commission may appoint candidates to any
position described in subsection (a)--
``(A) in accordance with the statutes, rules, and
regulations governing appointments in the excepted service; and
``(B) notwithstanding any statutes, rules, and regulations
governing appointments in the competitive service.
``(2) Rule of construction.--The appointment of a candidate to
a position under authority of this subsection shall not be
considered to cause such position to be converted from the
competitive service to the excepted service.
``(c) Reports.--No later than 90 days after the end of fiscal year
2003 (for fiscal year 2003) and 90 days after the end of fiscal year
2005 (for fiscal years 2004 and 2005), the Commission shall submit a
report with respect to its exercise of the authority granted by
subsection (b) during such fiscal years to the Committee on Government
Reform and the Committee on Financial Services of the House of
Representatives and the Committee on Governmental Affairs and the
Committee on Banking, Housing, and Urban Affairs of the Senate. Such
reports shall describe the changes in the hiring process authorized by
such subsection, including relevant information related to--
``(1) the quality of candidates;
``(2) the procedures used by the Commission to select
candidates through the streamlined hiring process;
``(3) the numbers, types, and grades of employees hired under
the authority;
``(4) any benefits or shortcomings associated with the use of
the authority;
``(5) the effect of the exercise of the authority on the hiring
of veterans and other demographic groups; and
``(6) the way in which managers were trained in the
administration of the streamlined hiring system.
``(d) Commission Defined.--For purposes of this section, the term
`Commission' means the Securities and Exchange Commission.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 5, United States Code, is amended by inserting after the item
relating to section 3113 the following:
``3114. Appointment of accountants, economists, and examiners by the
Securities and Exchange Commission.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.