US Code
CHAPTER 2B— SECURITIES EXCHANGES
§ 78x. Public availability of information

(a) “Records” definedFor purposes of section 552 of title 5 the term “records” includes all applications, statements, reports, contracts, correspondence, notices, and other documents filed with or otherwise obtained by the Commission pursuant to this chapter or otherwise.
(b) Disclosure or personal useIt shall be unlawful for any member, officer, or employee of the Commission to disclose to any person other than a member, officer, or employee of the Commission, or to use for personal benefit, any information contained in any application, statement, report, contract, correspondence, notice, or other document filed with or otherwise obtained by the Commission (1) in contravention of the rules and regulations of the Commission under section 552 of title 5, or (2) in circumstances where the Commission has determined pursuant to such rules to accord confidential treatment to such information.
(c) Confidential disclosuresThe Commission may, in its discretion and upon a showing that such information is needed, provide all “records” (as defined in subsection (a)) and other information in its possession to such persons, both domestic and foreign, as the Commission by rule deems appropriate if the person receiving such records or information provides such assurances of confidentiality as the Commission deems appropriate.
(d) Records obtained from foreign securities authoritiesExcept as provided in subsection (g), the Commission shall not be compelled to disclose records obtained from a foreign securities authority if (1) the foreign securities authority has in good faith determined and represented to the Commission that public disclosure of such records would violate the laws applicable to that foreign securities authority, and (2) the Commission obtains such records pursuant to (A) such procedure as the Commission may authorize for use in connection with the administration or enforcement of the securities laws, or (B) a memorandum of understanding. For purposes of section 552 of title 5, this subsection shall be considered a statute described in subsection (b)(3)(B) of such section 552.
(e) Freedom of Information ActFor purposes of section 552(b)(8) of title 5 (commonly referred to as the Freedom of Information Act)—(1) the Commission is an agency responsible for the regulation or supervision of financial institutions; and
(2) any entity for which the Commission is responsible for regulating, supervising, or examining under this chapter is a financial institution.
(f) Sharing privileged information with other authorities(1) Privileged information provided by the CommissionThe 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);
(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 CommissionThe 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 generalFederal 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.
(B) ExceptionThe 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) DefinitionsFor 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.
(g) Savings provisionNothing in this section shall—(1) alter the Commission’s responsibilities under the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.), as limited by section 78u(h) of this title, with respect to transfers of records covered by such statutes, or
(2) authorize the Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court of the United States in an action commenced by the United States or the Commission.

Structure US Code

US Code

Title 15— COMMERCE AND TRADE

CHAPTER 2B— SECURITIES EXCHANGES

§ 78a. Short title

§ 78b. Necessity for regulation

§ 78c. Definitions and application

§ 78c–1. Swap agreements

§ 78c–2. Securities-related derivatives

§ 78c–3. Clearing for security-based swaps

§ 78c–4. Security-based swap execution facilities

§ 78c–5. Segregation of assets held as collateral in security-based swap transactions

§ 78d. Securities and Exchange Commission

§ 78d–1. Delegation of functions by Commission

§ 78d–2. Transfer of functions with respect to assignment of personnel to chairman

§ 78d–3. Appearance and practice before the Commission

§ 78d–4. Additional duties of Inspector General

§ 78d–5. Deadline for completing enforcement investigations and compliance examinations and inspections

§ 78d–6. Report and certification of internal supervisory controls

§ 78d–7. Triennial report on personnel management

§ 78d–8. Annual financial controls audit

§ 78d–9. Report on oversight of national securities associations

§ 78e. Transactions on unregistered exchanges

§ 78f. National securities exchanges

§ 78g. Margin requirements

§ 78h. Restrictions on borrowing and lending by members, brokers, and dealers

§ 78i. Manipulation of security prices

§ 78j. Manipulative and deceptive devices

§ 78j–1. Audit requirements

§ 78j–2. Position limits and position accountability for security-based swaps and large trader reporting

§ 78j–3. Compensation committees

§ 78j–4. Recovery of erroneously awarded compensation policy

§ 78k. Trading by members of exchanges, brokers, and dealers

§ 78k–1. National market system for securities; securities information processors

§ 78l. Registration requirements for securities

§ 78l–1. Applications for unlisted trading privileges deemed filed under

§ 78m. Periodical and other reports

§ 78m–1. Reporting and recordkeeping for certain security-based swaps

§ 78m–2. Reporting requirements regarding coal or other mine safety

§ 78n. Proxies

§ 78n–1. Shareholder approval of executive compensation

§ 78n–2. Corporate governance

§ 78o. Registration and regulation of brokers and dealers

§ 78o–1. Brokers deemed to be registered

§ 78o–2. Liabilities arising prior to amendment unaffected

§ 78o–3. Registered securities associations

§ 78o–4. Municipal securities

§ 78o–4a. Commission Office of Municipal Securities

§ 78o–5. Government securities brokers and dealers

§ 78o–6. Securities analysts and research reports

§ 78o–7. Registration of nationally recognized statistical rating organizations

§ 78o–8. Universal ratings symbols

§ 78o–9. Study and rulemaking on assigned credit ratings

§ 78o–10. Registration and regulation of security-based swap dealers and major security-based swap participants

§ 78o–11. Credit risk retention

§ 78p. Directors, officers, and principal stockholders

§ 78q. Records and reports

§ 78q–1. National system for clearance and settlement of securities transactions

§ 78q–2. Automated quotation systems for penny stocks

§ 78r. Liability for misleading statements

§ 78s. Registration, responsibilities, and oversight of self-regulatory organizations

§ 78t. Liability of controlling persons and persons who aid and abet violations

§ 78t–1. Liability to contemporaneous traders for insider trading

§ 78u. Investigations and actions

§ 78u–1. Civil penalties for insider trading

§ 78u–2. Civil remedies in administrative proceedings

§ 78u–3. Cease-and-desist proceedings

§ 78u–4. Private securities litigation

§ 78u–5. Application of safe harbor for forward-looking statements

§ 78u–6. Securities whistleblower incentives and protection

§ 78u–7. Implementation and transition provisions for whistleblower protection

§ 78v. Hearings by Commission

§ 78w. Rules, regulations, and orders; annual reports

§ 78x. Public availability of information

§ 78y. Court review of orders and rules

§ 78z. Unlawful representations

§ 78aa. Jurisdiction of offenses and suits

§ 78aa–1. Special provision relating to statute of limitations on private causes of action

§ 78bb. Effect on existing law

§ 78cc. Validity of contracts

§ 78dd. Foreign securities exchanges

§ 78dd–1. Prohibited foreign trade practices by issuers

§ 78dd–2. Prohibited foreign trade practices by domestic concerns

§ 78dd–3. Prohibited foreign trade practices by persons other than issuers or domestic concerns

§ 78ee. Transaction fees

§ 78ff. Penalties

§ 78gg. Separability

§ 78hh. Effective date

§ 78hh–1. Effective date of certain sections

§ 78ii. Omitted

§ 78jj. Repealed. , ,

§ 78kk. Authorization of appropriations

§ 78ll. Requirements for the EDGAR system

§ 78mm. General exemptive authority

§ 78nn. Tennessee Valley Authority

§ 78oo. Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Home Loan Banks

§ 78pp. Investor Advisory Committee

§ 78qq. Small Business Capital Formation Advisory Committee

§ 78rr. Data standards for security-based swap reporting