[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Proposed Rules]
[Pages 10405-10409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5219]


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FEDERAL ELECTION COMMISSION

11 CFR Parts 2, 4 and 5

[Notice 1999-5]


Electronic Freedom of Information Act Amendments

AGENCY: Federal Election Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Electronic Freedom of Information Act Amendments of 1996, 
which amend the Freedom of Information Act, are designed to make 
government documents more accessible to the public in electronic form. 
The amendments are also intended to expedite and streamline the process 
by which agencies disclose information generally. The Commission is 
proposing amendments to its Freedom of Information Act regulations both 
to comply with these new requirements and to address issues that have 
arisen since the rules were originally adopted.

DATES: Comments must be received on or before April 5, 1999.

ADDRESS: All comments should be addressed to Susan E. Propper, 
Assistant General Counsel, and must be submitted in either written or 
electronic form. Written comments should be sent to the Federal 
Election Commission, 999 E Street, NW, Washington, DC 20463. Faxed 
comments should be sent to (202) 219-3923, with printed copy follow-up. 
Electronic mail comments should be sent to [email protected]. Commenters 
sending comments by electronic mail should include their full name, 
electronic mail address and postal service address within the text of 
their comments. Comments that do not contain the full name, electronic 
mail address and postal service address of the commenter will not be 
considered.

FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant 
General Counsel, or Ms. Rita A. Reimer, Attorney, 999 E Street, NW, 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Freedom of Information Act (``FOIA'')

[[Page 10406]]

provides for public access to all federal agency records except those 
that are protected from release by specified exemptions. 5 U.S.C. 552. 
In 1996, Congress enacted the ``Electronic Freedom of Information Act 
Amendments of 1996'' (``EFOIA''), Pub. L. 101-231, 110 Stat. 2422. 
EFOIA extends coverage of the FOIA to electronic records and makes 
other changes in FOIA procedures that are intended to expedite and 
streamline the process by which agencies disclose information.
    The Commission's rules implementing the FOIA are found at 11 CFR 
part 4. The proposed revisions to the Commission's FOIA rules would in 
part conform these rules to the new EFOIA requirements. In addition, 
the Commission is proposing changes that reflect issues that have 
arisen since the rules were originally enacted.

Electronic Records

    The main thrust of EFOIA is to require agencies to make covered 
records available by electronic means. Specifically, for records 
created on or after November 1, 1996, EFOIA requires each agency to 
make such records available, including computer telecommunications, 
within one year after that date. 5 U.S.C. 552(a)(2)(E). The Commission 
has in place a home page on the World Wide Web, www.fec.gov, and is 
utilizing this site to comply with these new requirements.
    EFOIA also requires covered agencies to provide requested records 
in any form or format requested, if the record is readily reproducible 
by the agency in that form or format. Each agency must make reasonable 
efforts to maintain its records in forms or formats that are 
reproducible electronically, and to search for requested records in 
electronic form or format, except when such efforts would significantly 
interfere with the operation of the agency's automated information 
system. 5 U.S.C. 552(a)(3)(B), (C).
    The Commission is proposing new Sec. 4.7(b)(2) to comply with this 
new requirement. The new language would require requests for Commission 
records to specify the preferred form or format, including electronic 
formats, of the response. The Commission would accommodate requesters 
as to form or format if the record was readily available in that form 
or format. If a requester did not specify the form or format of the 
response, the Commission would respond in the form or format in which 
the document was most accessible to the Commission.

Definitions

    EFOIA adds new definitions of the terms ``search'' and ``record'' 
to reflect these revisions. Search means to review, manually or by 
automated means, agency records for the purpose of locating those 
records which are responsive to a FOIA request. 5 U.S.C. 552(a)(3)(D). 
Record and any other term used in reference to information includes any 
information that would be an agency record subject to FOIA requirements 
when maintained by an agency in any format, including an electronic 
format. 5 U.S.C. 552(f)(2). The Commission is proposing to include 
these definitions in revised Sec. 4.1(h) and new Sec. 4.1(o), 
respectively.
    Also, consistent with new 5 U.S.C. 552(1)(2)(D) and (E), the 
Commission is proposing to revise 11 CFR 4.4 to reflect new material 
that is to be made available under FOIA. The new categories, to be 
included in revised Secs. 4.4(a) (4) and (5), would include copies of 
all records which have been released to any person in response to an 
earlier FOIA request and which the Commission determines have become or 
are likely to become the subject of subsequent requests for 
substantially the same records; and a general index of these records.

Time Limit for Responding to Requests

    EFOIA lengthened the time within which agencies must respond to 
FOIA requests from ten to twenty working days. 5 U.S.C. 
552(a)(6)(A)(i). Proposed Sec. 4.7(c) would conform the Commission's 
current regulations to this new time limit.
    The FOIA at 5 U.S.C. 552(a)(6)(B) permits agencies, upon written 
notice to the requester, to extend the time limit for responding to a 
request or deciding an appeal of a denial of a request for not more 
than ten working days, if ``unusual circumstances'' exist for the 
extension. EFOIA did not revise the definition of ``unusual 
circumstances,'' but it did revise that section to permit agencies to 
further extend the response time by notifying the requesters and 
providing them with an opportunity to either limit the scope of the 
request so that no extension is needed, or to arrange with the agency 
an alternative time frame for processing the request. 5 U.S.C. 
552(a)(6)(B)(ii). Proposed Sec. 4.7(c)(2) would implement this new 
procedure.

Aggregation of Requests

    EFOIA authorizes agencies to promulgate regulations providing for 
the aggregation of related requests by the same requester or a group of 
requesters acting in concert when the requests would, if treated as a 
single request, present ``unusual circumstances.'' 5 U.S.C. 
552(a)(6)(B)(iv). Such circumstances include the need to search for and 
collect the requested records from diverse locations; the need to 
search for, collect, and examine voluminous separate and distinct 
records which are demanded in a single request; and the need to consult 
with another agency or among two or more Commission offices that each 
have a substantial subject matter interest in the records. 5 U.S.C. 
552(a)(6)(B)(iii) (former section 552(a)(6)(B)); 11 CFR 4.7(c). 
Proposed Sec. 4.7(d) would implement this new provision. As EFOIA 
requires, the proposed regulation provides that requests will be 
aggregated only when the Commission ``reasonably believes that such 
requests actually constitute a single request'' and the requests 
``involve clearly related matters.''

Expedited Processing of Certain Requests

    EFOIA requires each agency to promulgate regulations providing for 
the expedited processing of FOIA requests in cases of ``compelling 
need'' and in other cases, if any, determined by the agency. 5 U.S.C. 
552(a)(6)(E)(1). The statute specifies two categories of ``compelling 
need.'' The first is where a failure to obtain requested records on an 
expedited basis could reasonably be expected to pose an imminent threat 
to the life or physical safety of an individual. The second involves a 
request made by a person primarily engaged in disseminating information 
who shows there is an urgent need to inform the public concerning 
actual or alleged federal government activity. 5 U.S.C. 
552(a)(6)(E)(v). The statute also sets out procedures for handling 
requests for expedited processing and for the judicial review of agency 
denials of such requests. 5 U.S.C. 552(a)(6)(E)(ii)-(iv).
    Proposed Sec. 4.7(g) would implement EFOIA's expedited processing 
requirements. The Commission emphasizes that, in keeping with Congress' 
express intent that the specified criteria for compelling need ``be 
narrowly applied,'' expedited processing would be granted only in those 
truly extraordinary cases that meet the specific statutory 
requirements. H.R. Rep. No. 795, 104th Cong., 2d Sess. 26 (1996) 
(``House Report''). The legislative history makes it clear that ``the 
expedited process procedure is intended to be limited to circumstances 
in which a delay in obtaining information can reasonably be foreseen to 
cause a significant adverse consequence to a recognized interest.'' Id.

[[Page 10407]]

    A requester seeking expedited processing under the ``imminent 
threat'' category of the ``compelling need'' definition would have to 
show that the failure to obtain the requested information expeditiously 
threatens the life or safety of an individual, and that the threat is 
``imminent.'' That an individual or his or her attorney needs 
information for an approaching litigation deadline would not be a 
``compelling need'' under this provision.
    A requester seeking expedited processing under the second, 
``urgency to inform,'' category would have to show that he or she is 
``primarily engaged in disseminating information;'' there is an 
``urgency to inform the public'' about the information requested; and 
the information relates to an ``actual or alleged federal government 
activity.''
    To meet the first ``urgency to inform'' criterion, the requester 
would have to show that his or her principal occupation was 
disseminating information to the public. As the legislative history 
makes clear, ``(a) requester who only incidentally engages in 
information dissemination, besides other activities, would not satisfy 
this requirement.'' Id.
    To meet the second ``urgency to inform'' criterion, the requester 
would have to show more than a general interest in the ``public's right 
to know.'' See id. Rather, as explained in the legislative history, a 
requester must show that a delay in the release of the requested 
information would ``compromise a significant recognized interest,'' and 
that the requested information ``pertain(s) to a matter of current 
exigency to the American public.'' Id. (emphasis added). It would, 
therefore, be insufficient to base a showing of ``compelling need'' on 
a reporter's desire to inform the public of something he or she 
believes might be of public concern if it were publicized. Rather, a 
reporter must show that the information pertains to a subject currently 
of significant interest to the public and that delaying the release of 
the information would harm the public's ability to assess the subject 
governmental activity.
    The final ``urgency to inform'' criterion would make it clear that 
the information would have to relate to the activities of the 
Commission and its staff. A request for expedited processing could thus 
be considered for information relating, for example, to a Commission 
decision. The Commission generally would not, however, grant a request 
for expedited processing of information that the Commission has 
collected regarding specific campaigns or campaign committees.
    EFOIA also authorizes agencies to expand the categories of requests 
qualifying for expedited processing beyond the two specified in the 
statute. 5 U.S.C. 552(a)(6)(E)(i)(II). While it welcomes comments on 
this point, the Commission does not at this time believe that further 
categories are currently necessary or appropriate. As the legislative 
history explains, ``Given the finite resources generally available for 
fulfilling FOIA requests, unduly generous use of the expedited 
processing procedure would unfairly disadvantage other requesters who 
do not qualify for its treatment.'' House Report at 26.
    As required by EFOIA at 5 U.S.C. 552(a)(6)(E)(iii), proposed 11 CFR 
4.7(g)(5) provides that the Commission would process requests to grant 
expedited processing ``as soon as practicable.'' The Commission will 
also give priority to these requests.

Estimates of the Volume of Materials Denied

    EFOIA requires that agency responses denying information include an 
estimate of the volume of any responsive documents the agency is 
withholding. 5 U.S.C. 552(a)(6)(F). EFOIA additionally requires that 
when an agency withholds only a portion of a record, the response 
indicate the amount of information deleted on the released record; and 
that, where possible, this be noted at the place of the deletion. 5 
U.S.C. 552(b)(9). Proposed Sec. 4.5(c) would implement this new 
requirement.

Multitrack Processing

    EFOIA authorizes agencies to promulgate regulations providing for 
multitrack processing of requests for records based on the amount of 
work and/or time involved in processing requests. 5 U.S.C. 
552(a)(6)(D)(i). This would expedite the production of records where 
little work or time is required. The statute further permits agencies 
to include in their regulations a provision granting a FOIA requester 
whose request does not qualify for the fastest multitrack processing an 
opportunity to limit the scope of the request in order to qualify for 
faster processing. 5 U.S.C. 552(a)(6)(D)(ii).
    The Commission believes that multitrack processing is the most 
efficient and fair way to process FOIA requests. If requests were 
processed on a strict first in, first out basis, easily filled requests 
would be processed only after earlier received, complex requests for 
dozens of documents located in offices throughout the Commission.

Other (Non-EFOIA) Proposed Amendments

    The Commission is proposing to delete the reference to ``the 
Secretary of the Senate, the Clerk of the House, or their designees ex 
officio'' from the definition of ``Commissioner'' found at 11 CFR 
4.1(b). These offices were declared unconstitutional in FEC v. NRA 
Political Victory Fund, 6 F.3d 821 (D.C.Cir. 1993), cert. dismissed for 
want of jurisdiction, 115 S.Ct. 537 (1994). The Commission is further 
proposing to make this technical revision to its ``Sunshine'' 
regulations at 11 CFR 2.2(b), and to its rules governing access to 
Public Disclosure Division Documents at 11 CFR 5.1(b).
    The Commission is also proposing that the first sentence of 11 CFR 
4.7(c) be revised to conform with 5 U.S.C. 552(a)(6)(A). The statutory 
language provides that each agency shall determine within twenty days 
after the receipt of a FOIA request whether to comply with it. However, 
the current regulation states that the Commission will provide the 
requested records within ten days (now twenty days, under EFOIA). Given 
the Commission's workload and the volume of FOIA requests, the 
Commission believes the statutory timeframe is more realistic than that 
included in the current rules.
    Finally, the Commission is proposing to restructure and revise 11 
CFR 4.4(a), which deals with the availability of records under FOIA. 
The current provision covers both 5 U.S.C. 552(a)(2) and 552(a)(3). 
Section 552(a)(2) encompasses final opinions, including concurring and 
dissenting opinions, as well as orders, made in the adjudication of 
cases; statements of policy and interpretations which have been adopted 
by the Commission but are not published in the Federal Register; and 
administrative staff manuals and instructions to staff that affect a 
member of the public. Section 552(a)(3) includes all other documents 
covered by the FOIA, that is, all documents not subject to one or more 
of the exceptions set forth at 5 U.S.C. 552(b).
    Current 11 CFR 4.4(a)(1)-(3) refers to material covered by 5 U.S.C. 
552(a)(2), while Secs. 4.4(a)(4)-(15) list other agency documents. 
However, the listing may be underinclusive, as it may not include all 
covered documents. It is also overinclusive, since it includes 
materials that are also available from the Commission's Public 
Disclosure Division. See 11 CFR 4.4(b). The Commission is proposing to 
replace the current list of covered documents with

[[Page 10408]]

a simple statement in new Sec. 4.4(b) that, in accordance with 5 U.S.C. 
552(a)(3), the Commission will make available, upon proper request, all 
non-exempt Agency records, or portions of records, that have not 
previously been made public pursuant to 5 U.S.C. 552(a)(1) and (a)(2). 
Accordingly, proposed Secs. 4.4(a)(1)-(3) would follow the language of 
5 U.S.C. 552(a)(2), and that of the current rules, while 
Secs. 4.4(a)(4)-(15) would be replaced with a new Secs. 4.4(a)(4) 
encompassing the materials referred to in 5 U.S.C. 552(a)(3).
    The Commission believes it would be a better use of agency 
resources to treat separately those records required to be made 
available under the FECA, see 11 CFR part 5, and those which may be 
obtained only through use of the FOIA. It is well established that 
records which an agency has previously made available to the public 
under section 552(a)(2) need not be released again in response to a 
FOIA request made pursuant to section 552(a)(3). Department of Justice 
v. Tax Analysts, 492 U.S. 136, 152 (1989).
    Accordingly, current Sec. 4.4(b), which notes that public access to 
the materials listed in current Secs. 4.4(a)(3) and (a)(10)-(1)(13) are 
also available under the FECA from the Public Disclosure Division, 
would be repealed. In addition, Sec. 4.4(a)(4), dealing with letter 
requests for guidance and the Commission's responses thereto; 
Sec. 4.4(a)(5), minutes of Commission meetings; Sec. 4.4(a)(6), 
material routinely prepared for public distribution; and 
Sec. 4.4(a)(14), audit reports discussed in public session, would be 
moved to 11 CFR 5.4(a), as this information is available from the 
Commission's Public Disclosure Division. Section 4.4(a)(7), proposals 
submitted in response to a request for proposals under Federal 
Procurement Regulations; Sec. 4.4(a)(8), contracts for goods and 
services entered into by the Commission; and Sec. 4.4(a)(13), studies 
published by the Commission's Office of Election Administration, would 
be deleted, as this material is covered by the new general language in 
proposed Sec. 4.4(b). Finally, Sec. 4.4(a)(9), statements and 
certifications required by the Government in the Sunshine Act, 5 U.S.C. 
552b, would be repealed, as these documents are already covered by the 
Commission's Sunshine regulations, 11 CFR part 2. The Commission is 
proposing to make corresponding changes to its rules at 11 CFR part 5, 
``Access to Public Disclosure Division Documents.''
    Comments are also welcome on any other aspect of the Commission's 
FOIA rules, whether or not impacted by the new EFOIA requirements.

Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory 
Flexibility Act)

    The attached proposed rules would not, if promulgated, have a 
significant economic impact on a substantial number of small entities. 
Most of the proposed changes conform to statutory amendments that 
expand the options available to covered entities seeking to obtain 
records from the Commission under the Freedom of Information Act, while 
others would clarify the Commission's current rules in this area. 
Therefore the rules would not have a significant economic effect on a 
substantial number of small entities.

List of Subjects

11 CFR Part 2

    Sunshine Act.

11 CFR Part 4

    Freedom of Information.

11 CFR Part 5

    Archives and Records.

    For the reasons set forth in the preamble, it is proposed to amend 
Subchapter A, Chapter I of Title 11 of the Code of Federal Regulations 
as follows:

PART 2--SUNSHINE REGULATIONS; MEETINGS

    1. The authority citation for part 2 would continue to read as 
follows:

    Authority: Sec. 3(a), Pub. L. 94-409, 5 U.S.C. 552b.

    2. Section 2.2 would be amended by revising paragraph (b) to read 
as follows:


Sec. 2.2  Definitions.

* * * * *
    (b) Commissioner or Member. Commissioner or Member means an 
individual appointed to the Federal Election Commission pursuant to 2 
U.S.C. 437c and section 101(e) of Pub. L. 94-283, but does not include 
a proxy or other designated representative of a Commissioner.
* * * * *

PART 4--PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT

    3. The authority citation for part 4 would continue to read as 
follows:

    Authority: 5 U.S.C. 552, as amended.

    4. Section 4.1 would be amended by revising paragraphs (b) and (h) 
and adding new paragraph (o) to read as follows:


Sec. 4.1  Definitions.

    As used in this part:
* * * * *
    (b) Commissioner means an individual appointed to the Federal 
Election Commission pursuant to 2 U.S.C. 437c(a).
* * * * *
    (h) Search means all time spent reviewing, manually or by automated 
means, Commission records for the purpose of locating those records 
which are responsive to a request, including page-by-page or line-by-
line identification of material within documents. Search time does not 
include review of material in order to determine whether the material 
is exempt from disclosure.
* * * * *
    (o) Record and any other term used in 11 CFR part 104 in reference 
to information includes any information that would be a Commission 
record subject to the requirements of this part when maintained by the 
Commission in any format, including an electronic format.
    5. Section 4.4 would be amended by revising paragraphs (a), (b), 
and the first sentence of paragraph (c) to read as follows:


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 will be placed on the public record of the Agency no later 
than 30 days from the date on which a respondent is 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 paragraph (a) of this section 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 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-

[[Page 10409]]

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). * * *
    6. Section 4.5 would be amended by revising paragraph (c) to read 
as follows:


Sec. 4.5  Categories of exemptions.

* * * * *
    (c) Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the portions 
which are exempt. The amount of information deleted shall be indicated 
on the released portion of the record, unless including that indication 
would harm an interest protected by an exemption in paragraph (a) of 
this section under which the deletion is made. If technically feasible, 
the amount of the information deleted shall be indicated at the place 
in the record where such deletion is made.
* * * * *
    7. Section 4.7 would be amended by redesignating paragraph (b) as 
paragraph (b)(1); adding new paragraph (b)(2); revising the first 
sentence of paragraph (c); redesignating paragraph (d) as paragraph 
(h); redesignating paragraph (e) as paragraph (i); and adding new 
paragraphs (d), (e), (f) and (g), to read as follows:


Sec. 4.7  Requests for records.

* * * * *
    (b)(1) * * *
    (2) Requests for Commission records and copies thereof shall 
specify the preferred form or format (including electronic formats) of 
the response. The Commission will accommodate requesters as to form or 
format if the record is readily available in that form or format. When 
requesters do not specify the form or format of the response, the 
Commission will respond in the form or format in which the document is 
most accessible to the Commission.
    (c) The Commission shall determine within twenty working days after 
receipt of a request, or twenty working days in the case of an appeal, 
whether to comply with such request, unless in unusual circumstances 
the time is extended or subject to Sec. 4.9(f)(3) of this part, which 
governs advance payments. * * *
    (d) If the Commission determines that an extension of time greater 
than ten working days is necessary to respond to a request satisfying 
the ``unusual circumstances'' specified in paragraph (c) of this 
section, the Commission shall so notify the requester and give the 
requester an opportunity to limit the scope of the request so that it 
may be processed within the time limit prescribed in paragraph (c) of 
this section, or arrange with the Commission an alternative time frame 
for processing the request or a modified request.
    (e) The Commission may aggregate and process as a single request 
requests by the same requester, or a group of requesters acting in 
concert, if the Commission reasonably believes that the requests 
actually constitute a single request which would otherwise satisfy the 
unusual circumstances specified in paragraph (c) of this section, and 
the requests involve clearly related matters.
    (f) The Commission uses a multitrack system to process requests 
under the Freedom of Information Act that is based on the amount of 
work and/or time involved in processing requests. Requests for records 
are processed in the order they are received within each track. Upon 
receipt of a request for records, the Commission will determine which 
track is appropriate for the request. The Commission may contact 
requesters whose requests do not appear to qualify for the fastest 
tracks and provide such requesters the opportunity to limit their 
requests so as to qualify for a faster track. Requesters who believe 
that their requests qualify for the fastest tracks and who wish to be 
notified if the Commission disagrees may so indicate in the request 
and, where appropriate and feasible, will also be given an opportunity 
to limit their requests.
    (g) The Commission will consider requests for the expedited 
processing of requests in cases where the requester demonstrates a 
compelling need for such processing.
    (1) The term compelling need means:
    (i) That a failure to obtain requested records on an expedited 
basis could reasonably be expected to pose an imminent threat to the 
life or physical safety of an individual; or
    (ii) With respect to a request made by a person primarily engaged 
in disseminating information, urgency to inform the public concerning 
actual or alleged Federal Government activity.
    (2) Requesters for expedited processing must include in their 
requests a statement setting forth the basis for the claim that a 
``compelling need'' exists for the requested information, certified by 
the requester to be true and correct to the best of his or her 
knowledge and belief.
    (3) The Commission will determine whether to grant a request for 
expedited processing and notify the requester of such determination 
within ten days of receipt of the request.
    (4) Denials of requests for expedited processing may be appealed as 
set forth in Sec. 4.8 of this part. The Commission will expeditiously 
determine any such appeal.
    (5) The Commission will process as soon as practicable the 
documents responsive to a request for which expedited processing is 
granted.
* * * * *

PART 5--ACCESS TO PUBLIC DISCLOSURE DIVISION DOCUMENTS

    9. The authority citation for part 5 would continue to read as 
follows:

    Authority: 2 U.S.C. 437f(d), 437g(a)(4)(B)(ii), 438(a), and 31 
U.S.C. 9701.

    10. Section 5.1 would be amended by revising paragraph (b) to read 
as follows:


Sec. 5.1  Definitions.

* * * * *
    (b) Commissioner means an individual appointed to the Federal 
Election Commission pursuant to 2 U.S.C. 437c(a).
* * * * *
    11. Section 5.4 would be amended by revising paragraph (a)(4) and 
adding paragraphs (a)(5) through (a)(9) to read as follows:


Sec. 5.4  Availability of records.

    (a) * * *
    (4) Opinions of Commissioners rendered in enforcement cases and 
General Counsel's Reports and non-exempt 2 U.S.C. 437g investigatory 
materials will be placed on the public record of the Agency no later 
than 30 days from the date on which a respondent is notified that the 
Commission has voted to close such an enforcement file.
    (5) Letter requests for guidance and responses thereto.
    (6) The minutes of Commission meetings.
    (7) Material routinely prepared for public distribution, e.g. 
campaign guidelines, FEC Record, press releases, speeches, notices to 
candidates and committees.
    (8) Audit reports (if discussed in open session).
    (9) Agendas for Commission meetings.
* * * * *
    Dated: February 28, 1999.
Scott E. Thomas,
Chairman, Federal Election Commission.
[FR Doc. 99-5219 Filed 3-3-99; 8:45 am]
BILLING CODE 6715-01-P