[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3548-3550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1972]
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[[Page 3549]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 104, 105, 109, 110 and 114
[Notice 1996-3]
Document Filing
AGENCY: Federal Election Commission.
ACTION: Final rule; Technical amendments.
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SUMMARY: On December 28, 1995, the President signed a bill that amended
the Federal Election Campaign Act of 1971 (``FECA'' or ``Act'') to
improve the electoral process, inter alia, by requiring candidates, and
the authorized committees of the candidates, to the United States House
of Representatives (``House'') to file campaign finance reports with
the Federal Election Commission. The Commission today is publishing
technical amendments to conform its regulations to the statute.
EFFECTIVE DATE: February 1, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant
General Counsel, or Ms. Teresa A. Hennessy, Attorney, 999 E Street,
N.W., Washington, D.C. 20463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The FECA governs, inter alia, the filing of
campaign finance reports by candidates for Federal office. 2 U.S.C.
432(g). As amended in 1979, the FECA required that all designations,
statements, and reports required to be filed under the Act by a
candidate, authorized committee(s) of the candidate, or principal
campaign committee of the candidate for the House be filed with the
Clerk of the House as custodian for the Commission. The FECA specified
that a House candidate includes a candidate for the Office of
Representative in, or Delegate or Resident Commissioner to, the
Congress. Federal Election Campaign Act Amendments of 1979, Public Law
No. 96-187, section 102, 93 Stat. 1339, 1346, codified at 2 U.S.C.
Sec. 432(g)(1). At 11 CFR 105.1, the Commission implemented this
requirement and provided that all other reports by committees that
support only candidates to the House be filed with the Clerk of the
House.
On December 28, 1995, Public Law No. 104-79, 109 Stat. 791 (1995)
amended the FECA to require that these reports instead be filed with
the Federal Election Commission. See Section 3. The new law made no
changes to the filing requirements for candidates to the United States
Senate. The law became effective with the first reports required to be
filed after December 31, 1995. However, since the law was enacted
shortly before this date, under agreement with the Clerk, authorized
committees of candidates for the House will file year-end reports for
1995 with the Clerk. The Clerk will date stamp and forward these
reports to the Commission. Thereafter, the candidates and committees
formerly filing with the Clerk will file all documents required to be
filed under FECA with the Commission.
Therefore, the Commission is publishing this Notice to make
necessary technical and conforming amendments to its regulations. The
Notice amends 11 CFR 105.1 to conform to the statute and includes
conforming amendments to several provisions that refer to the
regulation: 11 CFR 100.5(e)(3)(i), 104.3(e)(5), 104.4(c)(3), 104.5(f),
104.14(c), 104.15(a), 105.4, 105.5, 109.2(a), 110.6(c)(1) (i) and (ii),
and 114.6 (d)(3)(i) and (d)(5). Please note that the sale or use
restriction on information in campaign finance reports, set forth at 11
CFR 104.15(a), still would apply to all reports, including those
previously filed with the Clerk.
Because the amendments are merely technical, they are exempt from
the notice and comment requirements of the Administrative Procedure
Act. See 5 U.S.C.553(b)(B). They are also exempt from the legislative
review provisions of the FECA. See 2 U.S.C. Sec. 438(d). These
exemptions allow the amendments to be made effective immediately upon
publication in the Federal Register. As a result, these amendments are
made effective on February 1, 1996.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory
Flexibility Act)
I certify that the attached final rule will not have a significant
economic impact on a substantial number of small entities. The basis of
this certification is that the rule is necessary to conform to the Act
and that the rule changes only the location of filing reports.
Therefore, no significant economic impact is caused by the final rule.
List of Subjects
11 CFR Part 100
Elections.
11 CFR Part 104
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
11 CFR Part 105
Campaign funds, Political candidates, Political committees and
parties, Reporting and recordkeeping requirements.
11 CFR Part 109
Elections, Reporting and recordkeeping requirements.
11 CFR Part 110
Campaign funds, Political committees and parties.
11 CFR Part 114
Business and industry, Elections, Labor.
For the reasons set out in the preamble, subchapter A, chapter I,
title 11 of the Code of Federal Regulations is amended as follows:
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)
1. The authority citation for Part 100 continues to read as
follows:
Authority: 2 U.S.C. 431, 438(a)(8).
Sec. 100.5(e)(3)(i) [Amended]
2. Section 100.5(e)(3)(i) is amended by removing ``, Clerk of the
House''.
PART 104--REPORTS BY POLITICAL COMMITTEES (2 U.S.C. 434)
3. The authority citation for Part 104 continues to read as
follows:
Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434,
438(a)(8), 438(b).
Sec. 104.3(e)(5) [Amended]
4. Section 104.3(e)(5) is amended by removing all references to
``Clerk of the House of Representatives,'' and by removing the comma
after ``Secretary of the Senate'' in the first and third sentences.
Sec. 104.4(c)(3) [Amended]
5. Section 104.4(c)(3) is amended by revising all references to
``Clerk of the House'' to read ``Federal Election Commission''.
Sec. 104.5(f) [Amended]
6. Section 104.5(f) is amended by removing ``the Clerk of the
House,''.
Sec. 104.14(c) [Amended]
7. Section 104.14(c) is amended by removing ``, the Clerk of the
House,''.
Sec. 104.15(a) [Amended]
8. Section 104.15(a) is amended by revising ``with the Commission,
Clerk of the House, Secretary of the Senate, or any Secretary of State
or other equivalent State officer'' to read ``under the Act''.
[[Page 3550]]
PART 105--DOCUMENT FILING (2 U.S.C. 432(g))
9. The authority citation for Part 105 continues to read as
follows:
Authority: 2 U.S.C. 432(g), 438(a)(8).
10. Section 105.1 is revised to read as follows:
Sec. 105.1 Place of filing; House candidates and their authorized
committees (2 U.S.C. 432(g)(1)).
All designations, statements, reports, and notices, as well as any
modification(s) or amendment(s) thereto, required to be filed under 11
CFR parts 101, 102, and 104 by a candidate for nomination or election
to the office of Representative in, or Delegate or Resident
Commissioner to, the Congress, or by his or her authorized
committee(s), shall be filed in original form with, and received by,
the Federal Election Commission.
Sec. 105.4 [Amended]
11. Section 105.4 is amended by removing ``105.1,'' and by removing
the comma after ``105.2''.
12. Section 105.5 is revised to read as follows:
Sec. 105.5 Transmittal of microfilm copies and photocopies of original
reports filed with the Secretary of the Senate to the Commission (2
U.S.C. 432(g)(3)).
(a) Either a microfilmed copy or photocopy of all original
designations, statements, reports, modifications or amendments required
to be filed pursuant to 11 CFR 105.2 shall be transmitted by the
Secretary of the Senate to the Commission as soon as possible, but in
any case no later than two (2) working days after receiving such
designations, statements, reports, modifications, or amendments.
(b) The Secretary of the Senate shall then forward to the
Commission a microfilm copy and a photocopy of each designation,
statement, and report, or any modification or amendment thereto, filed
with the Secretary pursuant to 11 CFR 105.2.
(c) The Secretary of the Senate shall place a time and date stamp
on each original designation, statement, report, modification or
amendment received.
PART 109--INDEPENDENT EXPENDITURES (2 U.S.C. 431(17), 434(c))
13. The authority citation for Part 109 continues to read as
follows:
Authority: 2 U.S.C. 431(17), 434(c), 438(a)(8), 441d.
Sec. 109.2(a) [Amended]
14. Section 109.2(a) is amended by removing ``, the Clerk of the
House''.
PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS
15. The authority citation for Part 110 continues to read as
follows:
Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 437d(a)(8),
438(a)(8), 441a, 441b, 441d, 441e, 441f, 441g and 441h.
Sec. 110.6(c)(1) (i) and (ii) [Amended]
16. Section 110.6 is amended by removing ``, the Clerk of the House
of Representatives,'' from paragraph (c)(1)(i) and by removing ``,
Clerk'' from paragraph (c)(1)(ii).
PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY
17. The authority citation for Part 114 continues to read as
follows:
Authority: 2 U.S.C. 431(8)(B), 431(9)(B), 432,
437d(a)(8),438(a)(8), and 441b.
Sec. 114.6(d)(3)(i) and (d)(5) [Amended]
18. Section 114.6 is amended by removing ``, the Clerk of the
House'' from paragraph (d)(3)(i) and by removing ``, the Clerk of the
House,'' from paragraph (d)(5).
Dated:January 26, 1996.
Lee Ann Elliott,
Chairman, Federal Election Commission.
[FR Doc. 96-1972 Filed 1-31-96; 8:45 am]
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