Goto Section: 0.441 | 0.445 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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
(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
(2) The other agency has established a legitimate need for the
(3) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b);
(4) Disclosure is not prohibited by the Privacy Act or other provisions
(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.
Goto Section: 0.441 | 0.445
Goto Year: 2020 |
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