Privacy Act: [FEC 4]...

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of prior recipients if an accounting of the disclosure was made.


   Sec. 1.9   Appeal of initial adverse agency determination on 
   amendment or correction.

  (a) Any individual whose request for a correction or amendment has 
been denied in whole or in part, may appeal that decision to the 
Commissioners no later than one hundred eighty (180) days after the 
adverse decision is rendered.
  (b) The appeal shall be in writing and shall contain the following 
information:
  (1) The name of the individual making the appeal;
  (2) Identification of the record sought to be amended;
  (3) The record system in which that record is contained;
  (4) A short statement describing the amendment sought; and
  (5) The name and location of the agency official who initially denied 
the correction or amendment.
  (c) Not later than thirty (30) days (excluding Saturdays, Sundays and 
legal holidays) after the date on which the Commission receives the 
appeal, the Commissioners shall complete their review of the appeal and 
make a final decision thereon. However, for good cause shown, the 
Commissioners may extend that thirty (30) day period. If the 
Commissioners extend the period, the individual requesting the review 
shall be promptly notified of the extension and the anticipated date of 
a decision.
  (d) After review of an appeal, the Commission shall send a written 
notice to the requestor containing the following information:
  (1) The decision and, if the denial is upheld, the reasons for the 
decision;
  (2) The right of the requestor to institute a civil action in a 
Federal District Court for judicial review of the decision; and
  (3) The right of the requestor to file with the Commission a concise 
statement setting forth the reasons for his or her disagreement with the 
Commission denial of the correction or amendment. The Commission shall 
make this statement available to any person to whom the record is later 
disclosed, together with a brief statement, if appropriate, of the 
Commission's reasons for denying the requested correction or amendment. 
The Commission shall also send a copy of the statement to prior 
recipients of the individual's record if an accounting of the 
disclosures was made.


   Sec. 1.10   Disclosure of record to person other than the individual 
   to whom it pertains.

  (a) Any individual who desires to have a record covered by this Part 
disclosed to or mailed to another person may designate such person and 
authorize such person to act as his or her agent for that specific 
purpose. The authorization shall be in writing, signed by the individual 
and notarized or witnessed as provided in Sec. 1.4(c).
  (b) The parent of any minor individual or the legal guardian of any 
individual who has been declared by a court of competent jurisdiction to 
be incompetent, due to physical or mental incapacity or age, may act on 
behalf of that individual in any matter covered by this part. A parent 
or guardian who desires to act on behalf of such an individual shall 
present suitable evidence of parentage or guardianship, by birth 
certificate, certified copy of a court order, or similar documents, and 
proof of the individual's identity in a form that complies with 
Sec. 1.4(c).
  (c) An individual to whom a record is to be disclosed in person, 
pursuant to this part may have a person of his or her own choosing 
accompany him or her when the record is disclosed.


   Sec. 1.11   Fees.

  (a) The Commission shall not charge an individual for the costs of 
making a search for a record or the costs of reviewing the record. When 
the Commission makes a copy of a record as a necessary part of the 
process of disclosing the record to an individual, the Commission shall 
not charge the individual for the cost of making that copy.
  (b) If an individual requests the Commission to furnish a copy of the 
record, the Commission shall charge the individual for the costs of 
making the copy. The fee that the Commission has established for making 
a copy is ten cents ($.10) per page.


   Sec. 1.12   Penalties.

  Any person who makes a false statement in connection with any request 
for a record, or an amendment or correction thereto, under this part, is 
subject to the penalties prescribed in 18 U.S.C. 494 and 495.


   Sec. 1.13   General exemptions. [Reserved]


   Sec. 1.14   Specific exemptions.

  (a) No individual, under the provisions of these regulations, shall be 
entitled to access to materials compiled in its systems of records 
identified as FEC audits and investigations (FEC 2) or FEC compliance 
actions (FEC 3). These exempted systems relate to the Commission's power 
to exercise exclusive civil jurisdiction over the enforcement of the Act 
under 2 U.S.C. 437d(a)(6) and (e); and to defend itself in actions filed 
against it under 2 U.S.C. 437d(a)(6). Further the Commission has a duty 
to investigate violations of the Act under 2 U.S.C. 437g(a)(2); to 
conduct audits and investigations pursuant to 2 U.S.C. 438(b); 26 U.S.C. 
9007 and 9038; and to refer apparent violations of the Act to the 
Attorney General or other law enforcement authorities under 2 U.S.C. 
437g(a)(5) and 437d(9). Information contained in FEC systems 2 and 3 
contain the working papers of the Commission staff and form the basis 
for either civil and/or criminal proceedings pursuant to the exercise of 
the powers and duties of the Commission. These materials must be 
protected until such time as they are subject to public access under the 
provision of 2 U.S.C. 437g(a)(4)(B) or 5 U.S.C. 552, or other relevant 
statutes.
  (b) (1) Pursuant to 5 U.S.C. 552a(j)(2), records contained in FEC 12, 
Office of Inspector General Investigative Files, are exempt from the 
provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2), 
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11) and (f) , and 
the corresponding provisions of 11 CFR part 1, to the extent this system 
of records relates in any way to the enforcement of criminal laws.
  (2) Pursuant to 5 U.S.C. 552a(k)(2), FEC 12, Office of Inspector 
General Investigative Files, is exempt from 552a (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I), and (f), and the corresponding provisions of 11 
CFR part 1, to the extent the system of records consists of 
investigatory material compiled for law enforcement purposes, except for 
material that falls within the exemption included in paragraph (b)(1) of 
this section.
  (c) The provisions of paragraph (a) of this section shall not apply to 
the extent that application of the subsection would deny any individual 
any right, privilege or benefit to which he or she would otherwise be 
entitled to receive.

[41 FR 43064, Sept. 29, 1976, as amended at 45 FR 21209, Apr. 1, 1980; 
60 FR 4073, Jan. 20, 1995]

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