§ 19.735-203   Nonpublic information.

   (a) Except as authorized in writing by the Chairman pursuant to paragraph
   (b) of this section, or otherwise as authorized by the Commission or its
   rules, nonpublic information shall not be disclosed, directly or indirectly,
   to any person outside the Commission. Such information includes, but is not
   limited to, the following:

   (1) The content of agenda items (except for compliance with the Government
   in the Sunshine Act, 5 U.S.C. 552b); or

   (2) Actions or decisions made by the Commission at closed meetings or by
   circulation  prior  to  the  public release of such information by the
   Commission.

   (b) An employee engaged in outside teaching, lecturing, or writing shall not
   use nonpublic information obtained as a result of his Government employment
   in connection with such teaching, lecturing, or writing except when the
   Chairman  gives  written  authorization  for the use of that nonpublic
   information on the basis that its use is in the public interest.

   (c) This section does not prohibit the disclosure of an official Commission
   meeting agenda listing titles and summaries of items for discussion at an
   open Commission meeting. Also, this section does not prohibit the disclosure
   of information about the scheduling of Commission agenda items.

   (d) Any person regulated by or practicing before the Commission coming into
   possession of written nonpublic information (including written material
   transmitted  in electronic form) as described in paragraph (a) of this
   section  under  circumstances  where  it  appears that its release was
   inadvertent or otherwise unauthorized shall promptly return the written
   information to the Commission's Office of the Inspector General without
   further distribution or use of the written nonpublic information. Any person
   regulated by or practicing before the Commission who willfully violates this
   section  by  failing to promptly notify the Commission's Office of the
   Inspector General of the receipt of written nonpublic information (including
   written material transmitted in electronic form) that he knew or should have
   known was released inadvertently or in any otherwise unauthorized manner may
   be  subject to appropriate sanctions by the Commission. In the case of
   attorneys practicing before the Commission, such sanctions may include
   disciplinary action under the provisions of § 1.24 of this chapter.

   Note: Employees also should refer to the provisions of the Standards of
   Ethical Conduct for Employees of the Executive Branch, at 5 CFR 2635.703, on
   the use of nonpublic information. Additionally, employees should refer to
   § 19.735-107 of this part, which provides that employees of the Commission
   who violate this part may be subject to disciplinary action which may be in
   addition to any other penalty prescribed by law. As is the case with section
   2635.703,  this  part  is  intended only to cover knowing unauthorized
   disclosures of nonpublic information.

   [ 61 FR 56112 , Oct. 31, 1996, as amended at  65 FR 66185 , Nov. 3, 2000]

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