EPA Part 2 Section 211
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 2--PUBLIC INFORMATION--Table of Contents
Subpart B--Confidentiality of Business Information
Sec. 2.211 Safeguarding of business information; penalty for wrongful
disclosure.
(a) No EPA officer or employee may disclose, or use for his or her
private gain or advantage, any business information which came into his
or her possession, or to which he or she gained access, by virtue of his
or her official position or employment, except as authorized by this
subpart.
(b) Each EPA officer or employee who has custody or possession of
business information shall take appropriate measures to properly
safeguard such information and to protect against its improper
disclosure.
(c) Violation of paragraph (a) or (b) of this section shall
constitute grounds for dismissal, suspension, fine, or other adverse
personnel action. Willful violation of paragraph (a) of this section may
result in criminal prosecution under 18 U.S.C. 1905 or other applicable
statute.
(d) Each contractor or subcontractor with the United States
Government, and each employee of such contractor or subcontractor, who
is furnished business information by EPA under Secs. 2.301(h),
Sec. 2.302(h), 2.304(h), 2.305(h), 2.306(j), 2.307(h), 2.308(i), or
2.310(h) shall use or disclose that information only as permitted by the
contract or subcontract under which the information was furnished.
Contractors or subcontractors shall take steps to properly safeguard
business information including following any security procedures for
handling and safeguarding business information which are contained in
any manuals, procedures, regulations, or guidelines provided by EPA. Any
violation of this paragraph shall constitute grounds for suspension or
debarment of the contractor or subcontractor in question. A willful
violation of this paragraph may result in criminal prosecution.
[41 FR 36902, Sept. 1, 1976, as amended at 50 FR 51662, Dec. 18, 1985;
58 FR 461, Jan. 5, 1993]