[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR4.4]

[Page 15-16]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 4_PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec.  4.4  Availability of records.

    (a) In accordance with 5 U.S.C. 552(a)(2), the Commission shall make 
the following materials available for public inspection and copying:
    (1) Statements of policy and interpretation which have been adopted 
by the Commission;
    (2) Administrative staff manuals and instructions to staff that 
affect a member of the public;
    (3) Opinions of Commissioners rendered in enforcement cases, General 
Counsel's Reports and non-exempt 2 U.S.C. 437g investigatory materials 
shall be placed on the public record of the Agency no later than 30 days 
from the date on which all respondents are notified that the Commission 
has voted to close such an enforcement file;
    (4) Copies of all records, regardless of form or format, which have 
been released to any person under this paragraph (a) and which, because 
of the nature of their subject matter, the agency determines have become 
or are likely to become the subject of subsequent requests for 
substantially the same records; and
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) In accordance with 5 U.S.C. 552(a)(3), the Commission shall make 
available, upon proper request, all non-exempt Agency records, or 
portions of records, not previously made public pursuant to 5 U.S.C. 
552(a)(1) and (a)(2).
    (c) The Commission shall maintain and make available current indexes 
and supplements providing identifying information regarding any matter 
issued, adopted or promulgated after April 15, 1975 as required by 5 
U.S.C. 552(a)(2)(C) and (E).These indexes and supplements shall be 
published and made available on at least a quarterly basis for public 
distribution unless the Commission determines by Notice in the Federal 
Register that publication would be unnecessary, impracticable, or not 
feasible due to budgetary considerations. Nevertheless, copies of any 
index or supplement shall be made available upon request at a cost not 
to exceed the direct cost of duplication.
    (d) The Freedom of Information Act and the provisions of this part 
apply only to existing records; they do not require the creation of new 
records.
    (e) If documents or files contain both disclosable and 
nondisclosable information, the nondisclosable information will be 
deleted and the disclosable information released unless the disclosable 
portions cannot be reasonably segregated from the other portions in a 
manner which will allow meaningful information to be disclosed.
    (f) All records created in the process of implementing provisions of 
5 U.S.C. 552 will be maintained by the Commission in accordance with the 
authority granted by General Records Schedule 14, approved by the 
National Archives and Records Service of the General Services 
Administration.
    (g) The Commission encourages the public to explore the information 
available on the Commission's World Wide Web site, located at http://
www.fec.gov. The site includes a Commission publication, Availability of 
FEC Information, which provides a detailed listing of the types of 
documents available from the FEC, including those

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available under FOIA, and directions on how to locate and obtain them.

[44 FR 33368, June 8, 1979, as amended at 45 FR 31291, May 13, 1980; 65 
FR 9206, Feb. 24, 2000]