FOR IMMEDIATE RELEASE 2001-28 SEC SENDS LETTER TO HEADS OF SIGNATORIES TO THE 1993 VOLUNTARY INITIATIVE ON POLITICAL CONTRIBUTIONS BY MUNICIPAL SECURITIES MARKET PARTICIPANTS Washington, DC, March 15, 2001 - Today the Commission released the following text of a letter sent by Acting Chairman Laura S. Unger to heads of municipal securities firms concerning a 1993 voluntary initiative on political contributions by municipal securities market participants. Dear __________: Recently, questions have been raised by various municipal securities market participants about the continued relevance of the Statement of Initiative Regarding Political Contributions to State and Local Officials/Candidates (the "Voluntary Initiative") in light of the implementation of MSRB Rules G-37 and G-38. Furthermore, we understand that while most firms that initially agreed to adhere to the Voluntary Initiative continue to do so, some do not, considering it to have been superceded by Rules G-37 and G-38. As a result, the Commission believes it appropriate to clarify our position at this time. In response to a call by Chairman Levitt to eliminate so called "pay-to-play" practices in the public finance industry, 42 municipal securities firms, including yours, entered into the Voluntary Initiative in 1993 to curb those practices. The Voluntary Initiative imposed a number of prohibitions upon making or soliciting political contributions at the state and local levels on the participating municipal securities firms, their political action committees, municipal finance professionals, and senior management. Although Rules G-37 and G-38 do not impose a ban on political contributions, instead requiring disclosure of political contributions and prohibiting participation in municipal securities business that could be influenced by particular contributions for two years, the effect of MSRB Rules G-37 and G-38 are substantially similar overall to that of the Voluntary Initiative. The Voluntary Initiative was a very effective first step in the elimination of pay-to-play practices in the municipal securities market. However, now that the MSRB has developed a regulatory scheme designed to ensure that pay-to-play practices do not occur and the NASD has undertaken enforcement actions when necessary, the Voluntary Initiative is no longer needed. Compliance with both the MSRB rules and the Voluntary Initiative imposes unnecessary record-keeping and other requirements. The Voluntary Initiative has served its purpose; the Commission no longer expects firms to adhere to its terms. We caution you against reading this as an indication that the Commission is backing away from its commitment to eliminate pay-to-play practices. Be assured that the Commission's commitment to ensuring the integrity of the municipal securities market remains unabated. The Commission appreciates the efforts of your firm and the other signatories to the Voluntary Initiative to uphold the integrity of the municipal securities markets. I commend you for entering into the Voluntary Initiative and acting in the best interests of the public finance industry. Sincerely, Laura S. Unger Acting Chairman # # #