THIS SEARCH     THIS DOCUMENT     THIS CR ISSUE     GO TO
Next Hit        Forward           Next Document     New CR Search
Prev Hit        Back              Prev Document     HomePage
Hit List        Best Sections     Daily Digest      Help
                Contents Display
CONFERENCE REPORT ON H.R. 3763, SARBANES-OXLEY ACT OF 2002 -- (Extensions of 
Remarks - July 29, 2002)
[Page: E1412]  GPO's PDF
---
SPEECH OF
HON. DIANA DeGETTE
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Thursday, July 25, 2002
  - Ms. DeGETTE. Mr. Speaker, I rise in support of the conference report to 
  H.R. 3763, the ``Public Company Accounting Reform and Investor Protection 
  Act.'' This agreement accepts almost every Democratic proposal contained in 
  the ``Sarbanes'' bill and has only been altered by adding increased penalties 
  for corporate crimes. I am pleased that the Republicans in Congress agreed to 
  the much stronger Democratic proposals that will reach to the very roots of 
  the problems in corporate America that caused the collapse of companies like 
  Enron, WorldCom, and Adelphia. Unfortunately, the country will most likely 
  continue to see companies fall due to accounting improprieties and, while I 
  believe this is a strong bill, more must certainly be done. However, the 
  changes in our nation's financial accounting structure contained in this 
  agreement will strengthen the confidence and trust of investors and will 
  increase the transparency and acceptability of financial statements. 
 
  - The agreement that we are considering today is almost identical to the 
  Democratic proposals contained in the ``Sarbanes'' legislation that passed the 
  Senate 97-0. The fact that the Republicans accepted the Democrats' position 
  certainly shows that the Republicans in Congress are feeling the heat over 
  corporate accountability. After all, the American public trusts Democrats to 
  fix the problems in corporate America and to increase investor confidence in 
  the markets. 
 
  - The proposal offered by Republicans to deal with corporate abuse was to 
  increase penalties for corporate crime, coupled with weak, industry-controlled 
  standard-setting bodies. They wanted to deal only with the ``bad apples'' 
  instead of getting to the heart of the problem. The conference committee 
  agreed to 
  
[Page: E1413]  GPO's PDF
accept 
  their increased penalties for crime. But, the conference committee recognized 
  that corporate abuses will not end until Congress makes changes that attack 
  the root of the problems. So the conferees accepted the Democratic proposals 
  almost in their entirety.  
  - As we have seen from the collapse of Enron and other large corporations, 
  auditors had guiding principles that were extremely weak and easily ignored by 
  accountants and corporate management. Additionally, accounting improprieties 
  were purposely overlooked because the auditors became too cozy with the 
  companies they audited and made huge profits from non-audit consulting 
  services. To address these problems, this agreement creates a new and 
  independent accounting board that has authority to establish auditing 
  standards, investigate accounting firms that conduct audits of publicly-traded 
  companies, and enforce their rules. The agreement also mandates auditor 
  independence and bans most non-audit consulting services. 
 
  - As we have seen in the past, much-needed accounting reforms were impeded 
  by industry officials who threatened to withhold funding from the Financial 
  Accounting Standards Board (FASB). The new auditing board and the current FASB 
  will be given an independent funding stream to ensure that important financial 
  standards will not be senselessly squashed by greedy industry executives. 
 
  - The agreement also increases and strengthens corporate governance by 
  requiring senior executives to attest to the accuracy of their company's 
  financial statements, under penalty of law. It also requires corporate 
  executives to repay any compensation or profits received as a result of their 
  accounting trickery. 
 
  - Unfortunately, this agreement overlooks some issues that must be 
  addressed, including expensing 
  stock options and mandatory 
  auditor rotation. Stock options 
  that are not included on a company's financial statements can misrepresent the 
  true value of a company. I am pleased that some companies have taken it upon 
  themselves to include employee stock options on their financial 
  statements and I am also pleased that the FASB has indicated that it will move 
  quickly on a rule for expensing 
  stock options. Additionally, 
  requiring companies to rotate their auditors is very important to ensure that 
  senior executives and the people auditing their companies do not become too 
  cozy and allow a company to get away with accounting tricks. While these 
  issues are not included in this agreement, I look forward to continue working 
  on finding ways to deal with them.