§ 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 the Paperwork Reduction Act, 44 U.S.C. 3510, rather
   than  the  Freedom  of Information Act. The acceptance of materials in
   confidence under § 0.457 or § 0.459, or any other statute, rule or Commission
   order, does not preclude their disclosure to other federal agencies.

   (b)  Information submitted to the Commission in confidence pursuant to
   § 0.457(c)(2) and (3), (d) and (g) or § 0.459, or any other statute, rule or
   order, may be disclosed to other agencies of the Federal government upon
   request or upon the Commission's own motion, 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 required submissions.

   (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a
   party  who  furnished  records  to  the  Commission with a request for
   confidential treatment, see § 0.459, will be notified at the time that the
   request for disclosure is submitted and will be afforded ten calendar days
   in which to submit an opposition to disclosure. This notification may be
   made either individually or by public notice.

   (2)  If  the  agency requesting the records provides in writing 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,
   national security or homeland defense 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 will not
   be afforded prior notice when the disclosure is made to the Comptroller
   General of the United States, in the Government Accountability Office. 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 calendar days from the date of the ruling to
   move for a judicial stay of the Commission's action. If the party 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.

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