§  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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