References in Text
This chapter, referred to in subsecs. (a), (g)(4)(D)(ii), and (i)(4)(D)(ii), was in the original “this title”. See
References in Text
note set out under
section 78a of this title. The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (j), is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376, which enacted chapter 53 (§ 5301 et seq.) of Title 12, Banks and Banking, and chapters 108 (§ 8201 et seq.) and 109 (§ 8301 et seq.) of this title, and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see
Short Title
note set out under
section 5301 of Title 12 and Tables.
Amendments
2025—Subsecs. (i) to (k). Pub. L. 119–21 redesignated subsecs. (j) and (k) as (i) and (j), respectively, and struck out former subsec. (i) which related to the establishment of the Securities and Exchange Commission Reserve Fund and amounts therein. 2022—Subsec. (k). Pub. L. 117–263 added subsec. (k). 2018—Subsec. (j)(4)(C), (6)(B)(iii). Pub. L. 115–141 substituted “minority-owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters” for “minority-owned and women-owned small businesses”. 2016—Subsec. (j). Pub. L. 114–284 added subsec. (j). 2010—Subsec. (g). Pub. L. 111–203, § 915, added subsec. (g). Subsec. (g)(8). Pub. L. 111–203, § 919D, added par. (8). Subsec. (h). Pub. L. 111–203, § 965, added subsec. (h). Subsec. (i). Pub. L. 111–203, § 991(e)(1), added subsec. (i). 2002—Subsec. (b)(1), (2). Pub. L. 107–123 added pars. (1) and (2) and struck out former pars. (1) and (2), which authorized the Commission to appoint and compensate officers, attorneys, examiners, and other experts as needed, and to select, appoint, and compensate professional economists. 1998—Subsec. (b)(2), (3). Pub. L. 105–353 added par. (2) and redesignated former par. (2) as (3). 1996—Subsec. (e). Pub. L. 104–290 inserted before period at end “and the Commission may also specify the time that such fee shall be determined and paid relative to the filing of any statement or document with the Commission”. 1990—Subsec. (b). Pub. L. 101–550, § 103, inserted heading, designated existing provision as par. (1) and inserted heading, and added par. (2). Subsec. (f). Pub. L. 101–550, § 207, added subsec. (f). 1987—Subsec. (e). Pub. L. 100–181 added subsec. (e). 1983—Subsecs. (c), (d). Pub. L. 98–38 added subsecs. (c) and (d). 1964—Subsec. (a). Pub. L. 88–426 repealed provisions which prescribed the compensation of the Chairman and the Commissioners. 1960—Subsec. (a). Pub. L. 86–771 authorized the chairman to receive an additional $500 a year. Pub. L. 86–619 increased the salary of each commissioner from $15,000 to $20,000 a year, and provided for continuation in office of a commissioner upon termination of his term until a successor is appointed and has qualified, not beyond expiration of next session of Congress subsequent to the expiration of said fixed term of office. 1949—Subsec. (b). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2010 AmendmentAmendment by
section 915, 919D, and 965 of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see
section 4 of Pub. L. 111–203, set out as an
Effective Date
July 21, 2010, 124 Stat. 1955, provided that: “The amendment made by this subsection [amending this section] shall take effect on
October 1, 2011.”
Effective Date
of 2002 AmendmentAmendment by Pub. L. 107–123 effective Oct. 1, 2001, see
section 11 of Pub. L. 107–123, set out as a note under
section 78ee of this title.
Effective Date
of 1964 AmendmentFor
Effective Date
of amendment by Pub. L. 88–426, see
section 501 of Pub. L. 88–426.
Repeals
Act Oct. 28, 1949, ch. 782, set out in the credit of this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. Rule of
Construction
—No New Disclosure RequirementsAmendment by Pub. L. 117–263 not to be construed to require certain additional information to be collected or disclosed, see
section 5826 of Pub. L. 117–263, set out as a note under
section 77g of this title. Expenditure of Funds in and Closure of the Securities and Exchange Commission Reserve Fund Pub. L. 119–21, title III, § 30003(c)–(e),
July 4, 2025, 139 Stat. 126, provided that: “(c) Transition Provision.—During the period beginning on the date of enactment of this Act [
July 4, 2025] and ending on
October 1, 2025, the Securities and Exchange Commission may expend amounts in the Securities and Exchange Commission Reserve Fund that were obligated before the date of enactment of this Act for any program, project, or activity that is ongoing (as of the day before the date of enactment of this Act) in accordance with [former] subsection (i) of
section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d), as in effect on the day before the date of enactment of this Act. “(d) Transfer of Remaining Amounts.—Effective on
October 1, 2025, the obligated and unobligated balances of amounts in the Securities and Exchange Commission Reserve Fund shall be transferred to the general fund of the Treasury. “(e) Closing of Account.—For the purposes of
section 1555 of title 31, United States Code, the Securities and Exchange Commission Reserve Fund shall be considered closed, and thereafter shall not be available for obligation or expenditure for any purpose, upon execution of the transfer required under subsection (d).” Outreach by the Commission Pub. L. 112–106, title VII, § 701, Apr. 5, 2012, 126 Stat. 327, provided that: “The Securities and Exchange Commission shall provide online information and conduct outreach to inform small and medium sized businesses, women owned businesses, veteran owned businesses, and minority owned businesses of the changes made by this Act [see
Short Title
of 2012 Amendment note set out under
section 78a of this title].” Pay Authority for Employment of Experts and Consultants Pub. L. 111–203, title IX, § 929G(c), July 21, 2010, 124 Stat. 1856, provided that: “The [Securities and Exchange] Commission may set the rate of pay for experts and consultants appointed under the authority of
section 3109 of title 5, United States Code, in the same manner in which it sets the rate of pay for employees of the Commission.”
Transfer of Functions
For
Transfer of Functions
of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§ 1, 2, eff.
May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out below. 1950 REORGANIZATION PLAN NO. 1015 F.R. 3175, 64 Stat. 1265Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled,
March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved
June 20, 1949 [see 5 U.S.C. 901 et seq.]. SECURITIES AND EXCHANGE COMMISSION
section 1.
Transfer of Functions
to the Chairman(a) Subject to the provisions of subsection (b) of this section there are hereby transferred from the Securities and Exchange Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including functions of the Commission with respect to (1) the appointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. Sec. 2. Performance of Transferred FunctionsThe Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any function transferred to the Chairman by the provisions of
section 1 of this reorganization plan. Sec. 3. Designation of ChairmanThe functions of the Commission with respect to choosing a Chairman from among the Commissioners composing the Commission are hereby transferred to the President. Message of the PresidentTo the Congress of the United States: I transmit herewith Reorganization Plan No. 10 of 1950, prepared in accordance with the Reorganization Act of 1949 and providing for reorganizations in the Securities and Exchange Commission. My reasons for transmitting this plan are stated in an accompanying general message. After investigation I have found and hereby declare that each reorganization included in Reorganization Plan No. 10 of 1950 is necessary to accomplish one or more of the purposes set forth in
section 2(a) of the Reorganization Act of 1949. The taking effect of the reorganizations included in this plan may not in itself result in substantial immediate savings. However, many benefits in improved operations are probable during the next years which will result in a reduction in expenditures as compared with those that would be otherwise necessary. An itemization of these reductions in advance of actual experience under this plan is not practicable. Harry S. Truman.