[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20705-20706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07984]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 9398; Release No. 69265]


Securities Act of 1933; Securities Exchange Act of 1934; Order 
Regarding Review of FASB Accounting Support Fee for 2013 Under Section 
109 of the Sarbanes-Oxley Act of 2002

April 2, 2013.
    The Sarbanes-Oxley Act of 2002 (the ``Act'') provides that the 
Securities and Exchange Commission (the ``Commission'') may recognize, 
as generally accepted for purposes of the securities laws, any 
accounting principles established by a standard setting body that meets 
certain criteria. Consequently, Section 109 of the Act provides that 
all of the budget of such a standard setting body shall be payable from 
an annual accounting support fee assessed and collected against each 
issuer, as may be necessary or appropriate to pay for the budget and 
provide for the expenses of the standard setting body, and to provide 
for an independent, stable source of funding, subject to review by the 
Commission. Under Section 109(f) of the Act, the amount of fees 
collected for a fiscal year shall not exceed the ``recoverable budget 
expenses'' of the standard setting body. Section 109(h) amends Section 
13(b)(2) of the Securities Exchange Act of 1934 to require issuers to 
pay the allocable share of a reasonable annual accounting support fee 
or fees, determined in accordance with Section 109 of the Act.
    On April 25, 2003, the Commission issued a policy statement 
concluding that the Financial Accounting Standards Board (``FASB'') and 
its parent organization, the Financial Accounting Foundation (``FAF''), 
satisfied the criteria for an accounting standard-setting body under 
the Act, and recognizing the FASB's financial accounting and reporting 
standards as ``generally accepted'' under Section 108 of the Act.\1\ As 
a consequence of that recognition, the Commission undertook a review of 
the FASB's accounting support fee for calendar year 2013. In connection 
with its review, the Commission also reviewed the budget for the FAF 
and the FASB for calendar year 2013.
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    \1\ Financial Reporting Release No. 70.
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    Section 109 of the Act also provides that the standard setting body 
can have additional sources of revenue for its activities, such as 
earnings from sales of publications, provided that each additional 
source of revenue shall not jeopardize, in the judgment of the 
Commission, the actual or perceived independence of the standard 
setter. In this regard, the Commission also considered the 
interrelation of the operating budgets of the FAF, the FASB, and the 
Governmental Accounting Standards Board (``GASB''), the FASB's sister 
organization, which sets accounting standards used by state and local 
government entities. The Commission has been advised by the FAF that 
neither the FAF, the FASB, nor the GASB accept contributions from the 
accounting profession.
    The Commission understands that the Office of Management and Budget

[[Page 20706]]

(``OMB'') has determined that the FASB is included in sequestration 
anticipated by the the Budget Control Act of 2011 (``BCA'').\2\ So long 
as sequestration is applicable, we anticipate that the FAF will work 
with the Commission and Commission staff as appropriate regarding its 
implementation of sequestration. In that event, the Commission also 
requests the FAF to provide the Commission with information regarding 
the FAF's plans for implementation of sequestration, including how it 
will impact 2013 spending for each of the FAF's program areas and cost 
categories.
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    \2\ See ``OMB Report Pursuant to the Sequestration Transparency 
Act of 2012'' (P.L. 112-155), page 222 of 224 at: http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/stareport.pdf.
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    After its review, the Commission determined that the 2013 annual 
accounting support fee for the FASB is consistent with Section 109 of 
the Act. Accordingly,
    It is ordered, pursuant to Section 109 of the Act, that the FASB 
may act in accordance with this determination of the Commission.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-07984 Filed 4-4-13; 8:45 am]
BILLING CODE 8011-01-P