Sec.  0.442   Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.

   (a) The disclosure of records to other Federal government agencies is
   generally governed by 44 U.S.C. 3512 and 3510(b) rather than the Freedom of
   Information Act. The acceptance of materials in confidence under  Sec. 0.457 or
    Sec. 0.459 does not provide assurance against their disclosure to other
   agencies.

   (b) Information submitted to the Commission in confidence pursuant to
    Sec. 0.457(c) (2) and (3), (d) and (g) or  Sec. 0.459 will be disclosed to other
   agencies of the Federal government upon request: Provided (1) Specific
   Commission assurances against such disclosure have not been given, (2) the
   other agency has established a legitimate need for the information, (3)
   disclosure is made subject to the provisions of 44 U.S.C. 3510(b), and (4)
   disclosure is not prohibited by the Privacy Act or other provisions of law.

   (c) The Commission's staff may give assurances against disclosure of
   information to other Federal agencies only with the prior written approval
   of the General Counsel. In no event will assurance against disclosure to
   other agencies be given in advance of submission of the information to the
   Commission if submission is required by statute or by the provisions of this
   chapter; but the notice provisions of paragraph (d) of this section will
   apply to such information.

   (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a
   party who furnished records to the Commission in confidence will be notified
   at the time that the request for disclosure is submitted and will be
   afforded 10 days in which to oppose disclosure.

   (2) If the agency requesting the records states to the satisfaction of the
   Commission that notice to the party who furnished the records to the
   Commission will interfere unduly with its law enforcement activities and
   further states that it will notify that party of the Commission's disclosure
   once the potential for such interference is eliminated, the Commission will
   not give notice of disclosure.

   (3) A party who furnished records to the Commission in confidence under
    Sec. 0.457(d) or 0.459 will not be afforded prior notice when the disclosure is
   made to the Comptroller General. Such a party will instead be notified of
   disclosure of the records to the Comptroller General either individually or
   by public notice.

   (4) If disclosure is opposed and the Commission decides to make the records
   available to the other agency, the party who furnished the records to the
   Commission will be afforded ten (10) working days from the date of the
   ruling in which to move for a judicial stay of the Commission's action. If
   he does not move for stay within this period, the records will be disclosed.

   (e) Except as provided in paragraph (d)(3) of this section, nothing in this
   section is intended to govern disclosure of information to Congress or the
   Comptroller General.

   [ 44 FR 55573 , Sept. 27, 1979;  44 FR 57096 , Oct. 4, 1979, as amended at  64 FR 55162 , Oct. 12, 1999]