[Code of Federal Regulations]

[Title 11, Volume 1]

[Revised as of January 1, 2006]

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



[[Page 16]]



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]