17 Sec. 104 SARBANES-OXLEY ACT OF 2002 the accounting firm as confidential, shall be attached to and made
part of the inspection report.
(g) R
EPORT
.—A written report of the findings of the Board for
each inspection under this section, subject to subsection (h), shall
be—
(1) transmitted, in appropriate detail, to the Commission
and each appropriate State regulatory authority, accompanied
by any letter or comments by the Board or the inspector, and
any letter of response from the registered public accounting
firm; and
(2) made available in appropriate detail to the public (sub-
ject to section 105(b)(5)(A), and to the protection of such con-
fidential and proprietary information as the Board may deter-
mine to be appropriate, or as may be required by law), except
that no portions of the inspection report that deal with criti-
cisms of or potential defects in the quality control systems of
the firm under inspection shall be made public if those criti-
cisms or defects are addressed by the firm, to the satisfaction
of the Board, not later than 12 months after the date of the
inspection report.
(h) I
NTERIM
C
OMMISSION
R
EVIEW
.—
(1) R
EVIEWABLE MATTERS
.—A registered public accounting
firm may seek review by the Commission, pursuant to such
rules as the Commission shall promulgate, if the firm—
(A) has provided the Board with a response, pursuant
to rules issued by the Board under subsection (f), to the
substance of particular items in a draft inspection report,
and disagrees with the assessments contained in any final
report prepared by the Board following such response; or
(B) disagrees with the determination of the Board that
criticisms or defects identified in an inspection report have
not been addressed to the satisfaction of the Board within
12 months of the date of the inspection report, for pur-
poses of subsection (g)(2).
(2) T
REATMENT OF REVIEW
.—Any decision of the Commis-
sion with respect to a review under paragraph (1) shall not be
reviewable under section 25 of the Securities Exchange Act of
1934 (15 U.S.C. 78y), or deemed to be ‘‘final agency action’’ for
purposes of section 704 of title 5, United States Code.
(3) T
IMING
.—Review under paragraph (1) may be sought
during the 30-day period following the date of the event giving
rise to the review under subparagraph (A) or (B) of paragraph
(1).
(i) D
ISCLOSURE
R
EGARDING
F
OREIGN
J
URISDICTIONS
T
HAT
P
RE
-
VENT
I
NSPECTIONS
.—
(1) D
EFINITIONS
.—In this subsection—
(A) the term ‘‘covered issuer’’ means an issuer that is
required to file reports under section 13 or 15(d) of the Se-
curities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); and
(B) the term ‘‘non-inspection year’’ means, with respect
to a covered issuer, a year—
(i) during which the Commission identifies the
covered issuer under paragraph (2)(A) with respect to
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As Amended Through P.L. 116-222, Enacted December 18, 2020