Home > 2002 Presidential Documents > pd05au02 Digest of Other White House Announcements...pd05au02 Digest of Other White House Announcements...
Secretary of Treasury O'Neill and Attorney General Ashcroft, Secretary
Evans, Secretary Chao. I appreciate the FBI Director being here, along
with the Chairman of Securities and Exchange Commission, Harvey Pitt. I
appreciate the Corporate Fraud Task Force members who are here. I want
to assure the American people, they're just getting started.
America's system of free enterprise, with all its risk and all its
rewards, is a strength of our country and a model for the world. Yet,
free markets are not a jungle in which only the unscrupulous survive or
a financial free-for-all guided only by greed. The fundamentals of a
free market--buying and selling, saving and investing--require clear
rules and confidence in basic fairness.
The only risks, the only fair risks are based on honest information.
Tricking an investor into taking a risk is theft by another name.
Corporate executives must set an ethical tone for their companies. They
must understand the skepticism Americans feel and take action to set
clear standards of right and wrong. Those who break the rules tarnish a
great economic system that provides opportunity for all.
Their actions hurt workers who committed their lives to building the
company that hired them. Their actions hurt investors and retirees who
placed their faith in the promise of growth and integrity. For the sake
of our free economy, those who break the law, break the rules of
fairness, those who are dishonest, however wealthy or successful they
may be, must pay a price.
Today we are taking practical steps to encourage honest enterprise
in our Nation. Under this law, CEOs and chief financial officers must
personally vouch for the truth and fairness of their companies'
disclosures. Those financial disclosures will be broader and better, for
the sake of shareholders and investors.
Corporate officials will play by the same rules as their employees.
In the periods when
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workers are prevented from buying and selling stock in their pensions or
401(k)s, corporate officials will also be barred from any buying or
selling.
Corporate misdeeds will be found and will be punished. This law
authorizes new funding for investigators and technology at the
Securities and Exchange Commission to uncover wrongdoing. The SEC will
now have the administrative authority to bar dishonest directors and
officers from ever again serving in positions of corporate
responsibility. The penalties for obstructing justice and shredding
documents are greatly increased. Corporate crime will no longer pay.
CEOs who profit by betraying the public trust will be forced to return
those gains to investors. And the maximum prison term for common types
of fraud has quadrupled from 5 to 20 years.
For the first time, the accounting profession will be regulated by
an independent board. This board will set clear standards to uphold the
integrity of public audits and have the authority to investigate abuses
and discipline offenders. And auditing firms will no longer be permitted
to provide consulting services that create conflicts of interest.
This law gives my administration new tools for enforcement. We will
use them to the fullest. We will continue to investigate, arrest, and
prosecute corporate officials who break the law. The Corporate Fraud
Task Force I established is now hard at work, overseeing investigations
of alleged fraud and insider trading. More than 200 Federal prosecutors
are at work detecting and punishing corporate crimes. Every corporate
official who has chosen to commit a crime can expect to face the
consequences. No more easy money for corporate criminals, just hard
time.
As the work of enforcement proceeds, I hope Congress will join me in
other important efforts to protect the savings and investments of
Americans preparing for retirement. We've seen how workers can lose a
lifetime of savings overnight, locked into pension plans without
adequate choices and information.
Workers should be able to sell company stock and diversify into
other investments after 3 years in their own company's plan. They should
receive updates on their retirement accounts, not once a year but every
3 months. They should have access to sound investment advice. I have
proposed pension protection reforms. The House has passed them. I hope
the Senate takes them up soon.
We must also work together to promote more growth in the economy and
jobs for the American people. The fundamentals of our economy are sound.
After all, sales of automobiles and new houses are on the rise. New
unemployment claims have been falling since April. Inflation is low.
Productivity is increasing, and growth continues. Those are signs of
strength in our economy, and with the right policies, we can build on
it.
We must continue to work to control Federal spending and make the
tax cuts permanent, so Americans can save and plan for their own future.
We must tear down trade barriers, so people everywhere can buy American.
We must make terrorism insurance available to spur more construction.
And on energy, we must encourage conservation through new technology and
produce more energy at home, to give our economy safe and steady sources
of power and make our country less reliant upon foreign sources of
power.
The attacks against our economy in the last year have caused deep
hardship and highlighted the economy's fundamental strength. The
American economy is more diverse and more innovative than ever before,
and its greatest strength, the people who make it work, are better
trained and more productive and more highly skilled than ever before.
Whenever we face challenges, from the fear that threatened our
economy after September the 11th to the fraud that threatens investor
confidence today, we've tackled them head on. The American economy
depends on fairness and honesty. The vast majority of businesses uphold
those values. With this law, we have new tools to enforce those values,
and we will use those tools aggressively to defend our free enterprise
system against corruption and crime.
It is now my honor to sign the Sarbanes-Oxley Act of 2002.
Note: The President spoke at 10:15 a.m. in the East Room at the White
House. H.R. 3763, approved July 30, was assigned Public Law No. 107-204.
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Week Ending Friday, August 2, 2002
Statement on Signing the Sarbanes-Oxley Act of 2002
July 30, 2002
Today I have signed into law H.R. 3763, ``An Act to protect
investors by improving the accuracy and reliability of corporate
disclosures made pursuant to the securities laws, and for other
purposes.'' The Act adopts tough new provisions to deter and punish
corporate and accounting fraud and corruption, ensure justice for
wrongdoers, and protect the interests of workers and shareholders.
Several provisions of the Act require careful construction by the
executive branch as it faithfully executes the Act.
The legislative purpose of sections 302, 401, and 906 of the Act,
relating to certification and accuracy of reports, is to strengthen the
existing corporate reporting system under section 13(a) and 15(d) of the
Securities Exchange Act of 1934. Accordingly, the executive branch shall
construe this Act as not affecting the authority relating to national
security set forth in section 13(b) of the Securities Exchange Act of
1934.
To ensure that no infringement on the constitutional right to
petition the Government for redress of grievances occurs in the
enforcement of section 1512(c) of title 18 of the U.S. Code, enacted by
section 1102 of the Act, which among other things prohibits corruptly
influencing any official proceeding, the executive branch shall construe
the term ``corruptly'' in section 1512(c)(2) as requiring proof of a
criminal state of mind on the part of the defendant.
Given that the legislative purpose of section 1514A of title 18 of
the U.S. Code, enacted by section 806 of the Act, is to protect against
company retaliation for lawful cooperation with investigations and not
to define the scope of investigative authority or to grant new
investigative authority, the executive branch shall construe section
1514A(a)(1)(B) as referring to investigations authorized by the rules of
the Senate or the House of Representatives and conducted for a proper
legislative purpose.
George W. Bush
The White House,
July 30, 2002.
Note: H.R. 3763, approved July 30, was assigned Public Law No. 107-204.
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Pages 1271-1300
Week Ending Friday, August 2, 2002
Remarks on the USA Freedom Corps Public Service Campaign
July 30, 2002
The President. Thanks. Thanks for coming to the White House.
Welcome, and thanks so very much for your good works and your commitment
to serve others.
The men and women in this room and the members of my administration
are working to foster a culture of service, of citizenship, and of
responsibility for decades to come. You're part of a cultural change
that will make America a much better place.
I--today I'm going to announce some new steps that the USA Freedom
Corps will be taking to make service a more central part of American
life. I want to thank Gale Norton, a member of my Cabinet, the Secretary
of the Department of Interior, for being here. I appreciate one of the
newest television stars, Bob Dole--[laughter]--being here. Thank you,
Senator. And it's good to see my friend Steve Goldsmith, who's the
Chairman of the Board of Directors of the Corporation of National and
Community Service; and its CEO, Les Lenkowsky. Thank you all for being
here as well.
I appreciate the many foundations and organizations who are
represented here today that have supported the Corporation for National
Community Service. The Network for Good, which is a nonprofit
organization--it has been a strong supporter of our call to service from
the very start. I want to thank the Walt Disney Company. I appreciate so
very much the U.S. Department of Justice for sending representatives
here. I want to thank the UPS Foundation. I want to thank Peggy Conlon,
who is the president and the
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CEO of the Ad Council. I want to thank the members of the Ad Council who
have done some pretty good work, as you'll see here in a minute.
I appreciate very much the USA Freedom Corps Volunteer Network
members who are here. I want to thank the representatives of television,
print, and radio as well.
You know, none of us would ever wish the evil that was done on
September the 11th; yet out of the tragedy can come great good. I
believe that from the bottom of my heart. Out of the evil done to
America will come some good. Challenging times test the character of
individuals and test the character of our Nation. In the aftermath of
September the 11th, Americans have responded with courage and
compassion, with great resolve and determination.
The last 10 months have offered us a glimpse of what a new culture
of service can be. And we're not going to let this moment pass. We'll
sustain and extend the best that has emerged in our country. And there
are good reasons for every American to serve our Nation. We serve
because it's important to our neighbors. We understand that serving
others meets needs that a Government can never fulfill. You see,
Government can hand out money, but it can't put hope in people's hearts
or a sense of purpose in people's lives. The need for kindness and for
understanding and for love is not a Government function. It's a human
function. And that's why we serve our neighbor.
We serve because it's important to our own character. Acts of
compassion add direction and purpose to our lives. Serving something
greater than yourself in life is part of a fulfilling life. And finally,
we serve because it's important to our country. Our Nation is the
greatest force for good in history, and we show our gratitude by doing
our duty. We express our love for America by loving Americans.
Six months ago in my State of the Union Address, I issued a call to
service. I asked every American to commit at least 2 years, 4,000 hours
over the rest of your life, to service for neighbors and our Nation. To
encourage service, we established what we call the USA Freedom Corps,
ably headed by John Bridgeland.
The USA Freedom Corps is matching potential volunteers with local
charities. It is encouraging participation in the new Citizen Corps,
AmeriCorps, Senior Corps, and the Peace Corps. We're promoting service
to prepare for crises at home, to strengthen our communities, to help
people in need, and to extend American compassion throughout the world.
The response to the call to service has been strong, and it can get
stronger. VolunteerMatch, a group that matches volunteers to charities
on the USA Freedom Corps Web page, reports that referrals have increased
by more than 70 percent over last year.
I want to thank my fellow Americans for answering the call to
service, because Americans in record numbers are now being directed to
local service opportunities. Since the State of the Union Address, more
than 66,000 people have requested applications for the Peace Corps--
66,000. Applications to join AmeriCorps are up by nearly 90 percent.
More than 45,000 Americans have signed up to participate in the new
Citizen Corps. And visits to the Senior Corps Web site have increased by
almost 60 percent.
Individuals and nonprofit organizations and businesses have stepped
forward to offer pledges and new commitments and ways in which citizens
can meet the 2-year call. Businesses are offering employees annual paid
leave to perform community service. I think it's a movement that's just
beginning here in the country, and I want to thank those corporate
leaders who understand that responsibility not only to shareholders is
important, but responsibility to communities in which they exist is
equally as important.
We're looking for ways to make service count positively in getting a
job. In other words, corporate America views that as an important part
of a complete employee. Promoting service is really what corporate
responsibility means.
The United States Congress is also meeting its responsibilities.
Congress is providing $25 million this year to support Citizen Corps so
that Americans can be trained in emergency response and can support
first-responders. Good progress is being made to renew the promise of
the Peace Corps and
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double the number of volunteers over the next 5 years.
I hope Congress will soon pass, so I can sign into law, the
bipartisan ``Citizen Service Act,'' which incorporates many of the
principles to strengthen and reform national service programs. It should
be an interest to Members of Congress that all 50 Governors also have
urged Congress to strengthen these important programs. Congress needs to
act for the good of service for the United States.
Since January, this Nation has made tremendous progress in serving
others, yet I fully recognize more needs to be done. Today I'm pleased
to announce a public service advertising campaign, developed with the
Corporation for National and Community Service and the Ad Council. This
campaign rests on a single, simple principle: Everyone can do something.
And today I'm pleased to unleash the TV ads. It's a private showing,
first of its kind. [Laughter] This is one part of an effort that
includes radio and print and the Internet. To support Americans who will
respond to the call to service, we are launching the new USA Freedom
Corps Volunteer Network, which is the most comprehensive volunteer
clearinghouse ever. The network connects Americans to service
opportunities throughout more than 50,000 organizations, including
America's Promise and the National Mentoring Partnership, the Points of
Light Foundation, SERVEnet, and the United Way and VolunteerMatch.
This network is now accessible through the newly redesigned USA
Freedom Corps Web site, usafreedomcorps.gov. If you want to serve in a
soup kitchen or mentor a child in your local community, call up the Web
page, and you can find out where to go. If you want to take a full year
and serve in the Senior Corps, America Corps, this is where you can find
opportunity to do so. If you want to help people overseas through the
Peace Corps or other organizations, usafreedomcorps.gov will tell you
what's available.
You know, one of the main reasons people give for not volunteering
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