Page:United States Statutes at Large Volume 124.djvu/1873

 124 STAT. 1847 PUBLIC LAW 111–203—JULY 21, 2010 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section. ‘‘(B) EXEMPTED STATUTE.—For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this section is intended to limit, or shall be construed to limit, the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ‘‘(D) AVAILABILITY TO GOVERNMENT AGENCIES.— ‘‘(i) IN GENERAL.—Without the loss of its status as confidential in the hands of the Commission, all information referred to in subparagraph (A) may, in the discretion of the Commission, when determined by the Commission to be necessary to accomplish the purposes of this Act and to protect investors, be made available to— ‘‘(I) the Attorney General of the United States; ‘‘(II) an appropriate regulatory authority; ‘‘(III) a self-regulatory organization; ‘‘(IV) a State attorney general in connection with any criminal investigation; ‘‘(V) any appropriate State regulatory authority; ‘‘(VI) the Public Company Accounting Over- sight Board; ‘‘(VII) a foreign securities authority; and ‘‘(VIII) a foreign law enforcement authority. ‘‘(ii) CONFIDENTIALITY.— ‘‘(I) IN GENERAL.—Each of the entities described in subclauses (I) through (VI) of clause (i) shall maintain such information as confidential in accordance with the requirements established under subparagraph (A). ‘‘(II) FOREIGN AUTHORITIES.—Each of the enti- ties described in subclauses (VII) and (VIII) of clause (i) shall maintain such information in accordance with such assurances of confidentiality as the Commission determines appropriate. ‘‘(3) RIGHTS RETAINED.—Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under any Federal or State law, or under any collective bargaining agreement. ‘‘(i) PROVISION OF FALSE INFORMATION.—A whistleblower shall not be entitled to an award under this section if the whistleblower— ‘‘(1) knowingly and willfully makes any false, fictitious, or fraudulent statement or representation; or ‘‘(2) uses any false writing or document knowing the writing or document contains any false, fictitious, or fraudulent state- ment or entry. ‘‘(j) RULEMAKING AUTHORITY.—The Commission shall have the authority to issue such rules and regulations as may be necessary