Sarbanes–Oxley Act

116 STAT. 746PUBLIC LAW 107–204—JULY 30, 2002 Sec. 404. Management assessment of internal controls. Sec. 405. Exemption. Sec. 406. Code of ethics for senior financial officers. Sec. 407. Disclosure of audit committee financial expert. Sec. 408. Enhanced review of periodic disclosures by issuers. Sec. 409. Real time issuer disclosures. TITLE V—ANALYST CONFLICTS OF INTEREST Sec. 501. Treatment of securities analysts by registered securities associations and national securities exchanges. TITLE VI—COMMISSION RESOURCES AND AUTHORITY Sec. 601. Authorization of appropriations. Sec. 602. Appearance and practice before the Commission. Sec. 603. Federal court authority to impose penny stock bars. Sec. 604. Qualifications of associated persons of brokers and dealers. TITLE VII—STUDIES AND REPORTS Sec. 701. GAO study and report regarding consolidation of public accounting firms. Sec. 702. Commission study and report regarding credit rating agencies. Sec. 703. Study and report on violators and violations Sec. 704. Study of enforcement actions. Sec. 705. Study of investment banks. TITLE VIII—CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY Sec. 801. Short title. Sec. 802. Criminal penalties for altering documents. Sec. 803. Debts nondischargeable if incurred in violation of securities fraud laws. Sec. 804. Statute of limitations for securities fraud. Sec. 805. Review of Federal Sentencing Guidelines for obstruction of justice and ex- tensive criminal fraud. Sec. 806. Protection for employees of publicly traded companies who provide evi- dence of fraud. Sec. 807. Criminal penalties for defrauding shareholders of publicly traded compa- nies. TITLE IX—WHITE-COLLAR CRIME PENALTY ENHANCEMENTS Sec. 901. Short title. Sec. 902. Attempts and conspiracies to commit criminal fraud offenses. Sec. 903. Criminal penalties for mail and wire fraud. Sec. 904. Criminal penalties for violations of the Employee Retirement Income Se- curity Act of 1974. Sec. 905. Amendment to sentencing guidelines relating to certain white-collar of- fenses. Sec. 906. Corporate responsibility for financial reports. TITLE X—CORPORATE TAX RETURNS Sec. 1001. Sense of the Senate regarding the signing of corporate tax returns by chief executive officers. TITLE XI—CORPORATE FRAUD AND ACCOUNTABILITY Sec. 1101. Short title. Sec. 1102. Tampering with a record or otherwise impeding an official proceeding. Sec. 1103. Temporary freeze authority for the Securities and Exchange Commis- sion. Sec. 1104. Amendment to the Federal Sentencing Guidelines. Sec. 1105. Authority of the Commission to prohibit persons from serving as officers or directors. Sec. 1106. Increased criminal penalties under Securities Exchange Act of 1934. Sec. 1107. Retaliation against informants. SEC. 2. DEFINITIONS. (a) INGENERAL.—In this Act, the following definitions shall apply: (1) APPROPRIATE STATE REGULATORY AUTHORITY.—The term ‘‘appropriate State regulatory authority’’ means the State agency or other authority responsible for the licensure or other regulation of the practice of accounting in the State or States 15 USC 7201. VerDate 11-MAY-2000 09:34 Sep 09, 2004 Jkt 019194 PO 00000 Frm 00002 Fmt 6580 Sfmt 6581 O: TURNEY PUBL204.116 APPS10 PsN: PUBL204 116 STAT. 750PUBLIC LAW 107–204—JULY 30, 2002 (B) striking ‘‘and 16,’’ each place it appears and inserting ‘‘and 16 of this Act, and sections 302, 303, 304, 306, 401(b), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002,’’. (c) E FFECT ONCOMMISSIONAUTHORITY.—Nothing in this Act or the rules of the Board shall be construed to impair or limit— (1) the authority of the Commission to regulate the accounting profession, accounting firms, or persons associated with such firms for purposes of enforcement of the securities laws; (2) the authority of the Commission to set standards for accounting or auditing practices or auditor independence, derived from other provisions of the securities laws or the rules or regulations thereunder, for purposes of the preparation and issuance