February 28, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E239 from nominations received from groups rep- Analyst Conflict of Interest: CIPA would January 1998, Rev. Wright was elevated to resenting institutional investors and pension go beyond the requirements in the recent Superintendent of District #3 in New York. funds (public employee pension plans, pen- rulemaking proposed by the NASD and Reverend Wright has been a beacon of light sion plans organized pursuant to the Taft- NYSE by: (1) banning analysts from holding for the Brooklyn community through preaching, Hartley Act (i.e. union-related pension stock in the companies that they cover; (2) teaching the word of God or ministering in plans), and pension plans organized pursuant prohibiting analyst compensation from being to ERISA). based wholly or in part on investment bank- song or music. Reverend Wright is truly an The Board shall have the power to estab- ing revenue; and (3) requiring the NYSE and anointed man of God. And, today it is my lish its own rules. Rulemaking would be sub- NASD to establish criteria for evaluating an- pleasure to bring his achievements to the at- ject to SEC approval and to public comment. alyst research quality and also requiring an- tention of my colleagues. The Board will be self-funded through as- alyst compensation to be based principally f sessments on public companies that receive on the quality of their research. the benefit of audit services. Enhanced SEC Review of Issuers: CIPA re- PAUL REVERE FORUM The duties of the Board include: (1) estab- quires the SEC to review on a more regular lishing quality standards relating to audits; and systematic basis the public disclosures HON. CONSTANCE A. MORELLA (2) performing direct quality reviews of indi- made by issuers, especially reports filed on OF MARYLAND vidual audits; (3) conducting comprehensive form 10–K. CIPA would require the SEC to IN THE HOUSE OF REPRESENTATIVES and direct inspections of auditing firms; (4) establish a risk-rating system which shall be setting independence standards; and (5) es- used to determine the frequency of such re- Thursday, February 28, 2002 tablishing ethical standards. views. Companies with large disparities in Mrs. MORELLA. Mr. Speaker, employees in The Board will have a full range of discipli- price to earnings ratios (i.e. ‘‘dot com-like’’ nary powers. the government and private sector who have companies) would be among those ripe for refused to put personal comfort and profit The Board will have sweeping investigative regular review. powers including the ability to compel testi- Current Disclosure: CIPA would provide for above public safety represent true public serv- mony and subpoena documents from auditors the establishment of a ‘‘current disclosure ice and patriotism. By speaking the truth and and their clients. It shall also have the regime’’ as suggested by SEC Chairman Pitt. refusing to be silenced, they have prevented power to refer matters to the SEC for inves- The goal would be to change the way issuers the spread of sickness and disease, disas- tigation or additional action. communicate with investors by providing trous environmental contamination, and un- Enhanced Financial Disclosure: CIPA di- more meaningful and current information known accidents on our highways, railroads rects the SEC to conduct rulemaking to sig- about their financial results, including pro- nificantly improve financial disclosure relat- and airways. Whistleblowers have saved the viding useful trend information. American taxpayer billions of dollars, and they ing to: (1) the treatment of special purpose Study of the Role of Credit Rating Agen- entities; (2) related party transactions; (3) have literally saved countless lives. cies: CIPA would require the SEC to study These men and women usually do not think the creation of a plain English financial the role of credit rating agencies and make statement disclosure regime; and (4) earn- recommendations concerning the establish- of themselves as being heroic. In many cases, ings manipulation. ment of minimum standards, among other they are just doing their jobs. We call them Expansion of SEC Resources: CIPA would things. ‘‘whistleblowers,’’ a label they are often reluc- double the resources for the Divisions of En- tant to accept. They are reluctant for under- forcement and Corporation Finance, as well f standable reasons. Being a whistleblower usu- as the Office of the Chief Accountant. More- ally means harassment, intimidation, and ca- over, CIPA would fund pay parity for the en- A TRIBUTE TO REVEREND tire Commission staff. The total SEC author- TIMOTHY WRIGHT reer-ending retaliation from those who stand to ization would amount to $876 million for fis- lose when the public learns the truth. cal 2003. HON. EDOLPHUS TOWNS On Wednesday, February 27, several public Real-Time Disclosure of Affiliate Stock interest organizations hosted an event entitled OF NEW YORK Sales: CIPA would require real-time disclo- ‘‘The Paul Revere Forum: National Security sure of insider stock sales and disclosure of IN THE HOUSE OF REPRESENTATIVES Whistleblowers Speak.’’ I am proud to be in- affiliated-party dispositions of stock and re- Thursday, February 28, 2002 vited to address the whistleblowers and their lated derivative instruments. supporters who will be in attendance. Paul Re- Restoration of Joint and Several Liability Mr. TOWNS. Mr. Speaker, I rise in honor of Reverend Timothy Wright for his dedication to vere is not often thought of as a ‘‘whistle- for Accountants: CIPA would hold auditors blower,’’ but for the security and freedom of fully responsible for their actions. This legis- the spiritual upliftment of his community lation would overturn provisions of existing through music. the colonial citizens of Lexington and Concord, law to provide for joint and several liability Reverend Wright was born on June 17, that is exactly what he was. Now, we again for auditors when: (1) an accounting firm 1947 in Brooklyn, NY. He accepted Jesus find ourselves in a period where National Se- curity whistleblowers can play a critical role— provides both auditing and non-auditing Christ as his Lord and Personal Savior at an services (such as consulting services) to an in the war against terrorism. early age. During this time it became very ap- issuer; (2) the defendant knowingly com- National Security whistleblowers have re- mitted a violation of the securities laws; (3) parent that Reverend Wright had an unusual cently provided warnings about potential ter- an accounting firm failed to comply with the gift for music. At St. John’s Baptized Holiness rorist attacks by sounding the alarm about financial fraud reporting provisions of the Church, he cultivated his musical skills while vulnerabilities that senior bureaucratic man- securities laws; or (4) the issuer of the secu- serving as church organist and choir director agers would prefer to cover up or ignore. The rities that are the subject of the fraud has for the youth ensemble. warnings have covered a vast array of official become insolvent. This replaces the current In 1966, Reverend Wright was drafted in the activities: security officers at nuclear labora- proportional liability standard. U.S. Army and served his country until 1968. Restoration of Aiding and Abetting Liabil- tories, weapons facilities, waste dumps and ity for Accountants and Outside Profes- He received a honorable discharge and re- power plants have for years warned that nu- sionals: CIPA would provide a private right turned to his home in Brooklyn, NY. From clear material is highly vulnerable to terrorist of action against anyone (auditors, lawyers 1969 to 1990, Reverend Wright has served attack; FAA employees have come forward and other outside professionals) who know- many capacities at the Washington Temple with similar concerns about the effectiveness ingly or recklessly provides substantial as- C.O.G.I.C. in Brooklyn, NY. During his tenure, of security technology as well as passenger sistance to another person in violation of the he founded the Timothy Wright Concert Choir screening practices; emergency management securities laws. in 1976. In addition, Reverend Wright has re- officials have exposed dramatic inadequacies Lockdowns: CIPA would prohibit stock corded with many other choirs through out the sales by insiders at any time when employ- of protections for our food supplies and evacu- ees are subject to a lockdown on their U.S. and abroad. Reverend Wright gained na- ation plans, and Customs employees have 401(k)s. tional recognition for the album ‘‘Come Thou pointed to weaknesses in our border security. Destruction of Records: CIPA would re- Almighty King.’’ Reverend Wright has been a These problems will become tragedies unless quire auditors to retain certain key files for three-time Grammy nominee, NAACP Image both public and private employees feel they 7 years relating to an audit so that they Award winner and a Stellar Award winner. can raise concerns without suffering retalia- would be available for investigations. In 1990, Reverend Wright established the tion. Statute of Limitations: Provides that an Grace Tabernacle Christian Center COGIC in Since the tragedies of September 11, blow- implied right of action arising under the Se- curities and Exchange Act of 1934 may be his home. The Grace Tabernacle Christian ing the whistle is no longer only about pro- brought no later than the earlier of 5 years Center COGIC ministry included various out- testing abuses of power, personal corruption after the date on which the alleged violation reach programs that served all in need. Grace or violations of regulations. It has a new di- occurred or 3 years after which the violation COGIC, located in the heart of the inner city, mension—it is about preserving the freedom was discovered. has grown and flourished over the years. In to warn.
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