[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2606 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2606
To require auditor independence standards of the Public Company
Accounting Oversight Board and the Securities and Exchange Commission
applicable to past audits of a company occurring before it was a public
company to treat an auditor as independent if the auditor meets
established professional standards, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. McHenry introduced the following bill; which was referred to the
Committee on Financial Services
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A BILL
To require auditor independence standards of the Public Company
Accounting Oversight Board and the Securities and Exchange Commission
applicable to past audits of a company occurring before it was a public
company to treat an auditor as independent if the auditor meets
established professional standards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AUDITOR INDEPENDENCE FOR CERTAIN PAST AUDITS OCCURRING
BEFORE AN ISSUER IS A PUBLIC COMPANY.
(a) Auditor Independence Standards of the Public Company Accounting
Oversight Board.--Section 103 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7213) is amended by adding at the end the following:
``(e) Auditor Independence for Certain Past Audits Occurring Before
an Issuer Is a Public Company.--With respect to an issuer that is a
public company or an issuer that has filed a registration statement to
become a public company, the auditor independence rules established by
the Board with respect to audits occurring before the last fiscal year
of the issuer completed before the issuer filed a registration
statement to become a public company shall treat an auditor as
independent if--
``(1) the auditor is independent under standards
established by the American Institute of Certified Public
Accountants applicable to certified public accountants in
United States; or
``(2) with respect to a foreign issuer, the auditor is
independent under comparable standards applicable to certified
public accountants in the issuer's home country.''.
(b) Auditor Independence Standards of the Securities and Exchange
Commission.--Section 10A of the Securities Exchange Act of 1934 (15
U.S.C. 78j-1) is amended by adding at the end the following:
``(n) Auditor Independence for Certain Past Audits Occurring Before
an Issuer Is a Public Company.--With respect to an issuer that is a
public company or an issuer that has filed a registration statement to
become a public company, the auditor independence rules established by
the Commission under the securities laws with respect to audits
occurring before the last fiscal year of the issuer completed before
the issuer filed a registration statement to become a public company
shall treat an auditor as independent if--
``(1) the auditor is independent under standards
established by the American Institute of Certified Public
Accountants applicable to certified public accountants in
United States; or
``(2) with respect to a foreign issuer, the auditor is
independent under comparable standards applicable to certified
public accountants in the issuer's home country.''.
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