[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.211]

[Page 47]
 
                   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 Sec. Sec. 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]