[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
