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 3508(a) 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. 3508(a), 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

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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 paragraph (d)(2) 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) If notice is given to the party who furnished the records to the 
Commission in confidence and disclosure is not opposed, the staff is 
authorized to make the records available to the agency which requested 
them.
    (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) Nothing in this section is intended to govern disclosure of 
information to Congress.
[ 44 FR 55573 , Sept. 27, 1979;  44 FR 57096 , Oct. 4, 1979]