Pub. L. 111-203, tit. IX, subtit. B, sec. 929K
SHARING PRIVILEGED INFORMATION WITH OTHER AUTHORITIES.
SEC. 929K. SHARING PRIVILEGED INFORMATION WITH OTHER AUTHORITIES. Section 24 of the Securities Exchange Act of 1934 (15 U.S.C. 78x) is amended—(1) in subsection (d), as amended by subsection (d)(1)(A), by striking “subsection (f)” and inserting “subsection (g)”;(2) in subsection (e), as added by subsection (d)(1)(C), by striking “subsection (f)” and inserting “subsection (g)”;(3) by redesignating subsection (f) as subsection (g); and(4) by inserting after subsection (e) the following:“(f) Sharing Privileged Information With Other Authorities.—“(1) Privileged information provided by the commission.—The Commission shall not be deemed to have waived any privilege applicable to any information by transferring that information to or permitting that information to be used by—“(A) any agency (as defined in section 6 of title 18, United States Code);“(B) the Public Company Accounting Oversight Board;“(C) any self-regulatory organization;“(D) any foreign securities authority;“(E) any foreign law enforcement authority; or“(F) any State securities or law enforcement authority.“(2) Nondisclosure of privileged information provided to the commission.—The Commission shall not be compelled to disclose privileged information obtained from any foreign securities authority, or foreign law enforcement authority, if the authority has in good faith determined and represented to the Commission that the information is privileged.“(3) Nonwaiver of privileged information provided to the commission.—“(A) In general.—Federal agencies, State securities and law enforcement authorities, self-regulatory organizations, and the Public Company Accounting Oversight Board shall not be deemed to have waived any privilege applicable to any information by transferring that information to or permitting that information to be used by the Commission.124 STAT. 1861“(B) Exception.—The provisions of subparagraph (A) shall not apply to a self-regulatory organization or the Public Company Accounting Oversight Board with respect to information used by the Commission in an action against such organization.“(4) Definitions.—For purposes of this subsection—“(A) the term ‘privilege’ includes any work-product privilege, attorney-client privilege, governmental privilege, or other privilege recognized under Federal, State, or foreign law;“(B) the term ‘foreign law enforcement authority’ means any foreign authority that is empowered under foreign law to detect, investigate or prosecute potential violations of law; and“(C) the term ‘State securities or law enforcement authority’ means the authority of any State or territory that is empowered under State or territory law to detect, investigate, or prosecute potential violations of law.”.