29 USC 1310(c): Confidential business information information submitted to PBGC as part of a notice of a reportable event

          
Sec. 1310. Authority to require certain information
(a) Information required

    Each person described in subsection (b) of this section shall 
provide the corporation annually, on or before a date specified by the 
corporation in regulations, with--
        (1) such records, documents, or other information that the 
    corporation specifies in regulations as necessary to determine the 
    liabilities and assets of plans covered by this subchapter; and
        (2) copies of such person's audited (or, if unavailable, 
    unaudited) financial statements, and such other financial 
    information as the corporation may prescribe in regulations.

(b) Persons required to provide information

    The persons covered by subsection (a) of this section are each 
contributing sponsor, and each member of a contributing sponsor's 
controlled group, of a single-employer plan covered by this subchapter, 
if--
        (1) the aggregate unfunded vested benefits at the end of the 
    preceding plan year (as determined under section 1306(a)(3)(E)(iii) 
    of this title) of plans maintained by the contributing sponsor and 
    the members of its controlled group exceed $50,000,000 (disregarding 
    plans with no unfunded vested benefits);
        (2) the conditions for imposition of a lien described in section 
    1082(f)(1)(A) and (B) of this title or section 412(n)(1)(A) and (B) 
    of title 26 have been met with respect to any plan maintained by the 
    contributing sponsor or any member of its controlled group; or
        (3) minimum funding waivers in excess of $1,000,000 have been 
    granted with respect to any plan maintained by the contributing 
    sponsor or any member of its controlled group, and any portion 
    thereof is still outstanding.

        

            
 
          

(c) Information exempt from disclosure requirements

    Any information or documentary material submitted to the corporation 
pursuant to this section shall be exempt from disclosure under section 
552 of title 5, and no such information or documentary material may be 
made public, except as may be relevant to any administrative or judicial 
action or proceeding. Nothing in this section is intended to prevent 
disclosure to either body of Congress or to any duly authorized 
committee or subcommittee of the Congress.

(Pub. L. 93-406, title IV, Sec. 4010, as added Pub. L. 103-465, title 
VII, Sec. 772(a), Dec. 8, 1994, 108 Stat. 5044; amended Pub. L. 109-280, 
title I, Sec. 107(b)(3), title V, Sec. 505(a), (b), Aug. 17, 2006, 120 
Stat. 819, 946.)

                          Amendment of Section

        Pub. L. 109-280, title I, Sec. 107(b)(3), (e), Aug. 17, 2006, 
    120 Stat. 819, 820, provided that, applicable to plan years 
    beginning after 2007, subsection (b)(2) of this section is amended 
    by substituting ``1083(k)(1)(A) and (B)'' for ``1082(f)(1)(A) and 
    (B)'' and ``430(k)(1)(A) and (B)'' for ``412(n)(1)(A) and (B)''.
        Pub. L. 109-280, title V, Sec. 505, Aug. 17, 2006, 120 Stat. 
    946, provided that, applicable with respect to years beginning after 
    2007, this section is amended as follows:
        (1) in subsection (b), by striking out paragraph (1) and by 
    adding a new paragraph (1) to read as follows:
    ``(1) the funding target attainment percentage (as defined in 
subsection (d)) at the end of the preceding plan year of a plan 
maintained by the contributing sponsor or any member of its controlled 
group is less than 80 percent;'' and
        (2) by adding subsections (d) and (e) to read as follows:

(d) Additional information required

                           (1) In general

        The information submitted to the corporation under subsection 
    (a) shall include--
            (A) the amount of benefit liabilities under the plan 
        determined using the assumptions used by the corporation in 
        determining liabilities;
            (B) the funding target of the plan determined as if the plan 
        has been in at-risk status for at least 5 plan years; and
            (C) the funding target attainment percentage of the plan.

                           (2) Definitions

        For purposes of this subsection:

        (A) Funding target

            The term ``funding target'' has the meaning provided under 
        section 1083(d)(1) of this title.

        (B) Funding target attainment percentage

            The term ``funding target attainment percentage'' has the 
        meaning provided under section 1082(d)(2) of this title.

        (C) At-risk status

            The term ``at-risk status'' has the meaning provided in 
        section 1083(i)(4) of this title.

(e) Notice to Congress

    The corporation shall, on an annual basis, submit to the Committee 
on Health, Education, Labor, and Pensions and the Committee on Finance 
of the Senate and the Committee on Education and the Workforce and the 
Committee on Ways and Means of the House of Representatives, a summary 
report in the aggregate of the information submitted to the corporation 
under this section.
                    Effective Date of 2006 Amendment

    Amendment by section 107(b)(3) of Pub. L. 109-280 applicable to plan 
years beginning after 2007, see section 107(e) of Pub. L. 109-280, set 
out as a note under section 1021 of this title.
    Pub. L. 109-280, title V, Sec. 505(c), Aug. 17, 2006, 120 Stat. 946, 
provided that: ``The amendments made by this section [amending this 
section] shall apply with respect to years beginning after 2007.''
                             Effective Date

    Section 772(c) of Pub. L. 103-465 provided that: ``The amendments 
made by this section [enacting this section] shall be effective on the 
date of enactment of this Act [Dec. 8, 1994].''
 Applicability of Amendments by Subtitles A and B of Title I of Pub. L. 
                                 109-280

    For special rules on applicability of amendments by subtitles A 
(Secs. 101-107) and B (Secs. 111-116) of title I of Pub. L. 109-
280 to certain eligible cooperative plans, PBGC settlement plans, and 
eligible government contractor plans, see sections 104, 105, and 106 of 
Pub. L. 109-280, set out as notes under section 401 of Title 26, 
Internal Revenue Code.