[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58460-58461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29235]
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FEDERAL ELECTION COMMISSION
11 CFR Part 104
[Notice 1996--20]
Electronic Filing of Reports by Political Committees
AGENCY: Federal Election Commission.
ACTION: Interim rules; transmittal of regulations to Congress.
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SUMMARY: The Federal Election Commission is implementing a voluntary
system of electronic filing for reports of campaign finance activity
filed with the agency. The Commission has approved final rules setting
out the requirements for this system. In order to ensure compliance
with a statutory mandate, the Commission is putting these rules into
effect on an interim basis, pending Congressional review at the start
of the 105th Congress. Further information is provided in the
supplementary information that follows.
EFFECTIVE DATE: These interim rules are effective January 1, 1997. The
Commission will submit these rules for legislative review in the 105th
Congress, and will announce a final effective date after the rules have
been before Congress for 30 legislative days pursuant to 2 U.S.C.
438(d). A document announcing that the interim rules have been
prescribed as final rules will be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant
General Counsel, or Paul Sanford, Staff Attorney, 999 E Street, N.W.,
Washington, D.C. 20463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: In August, the Commission approved the final
text of new regulations implementing a voluntary electronic filing
system for reports of campaign finance activity filed with the agency,
and published the text of the rules, along with an Explanation and
Justification, in the Federal Register. 61 FR 42371 (Aug. 15,
[[Page 58461]]
1996). These rules implement provisions of Public Law 104-79, which
amended the Federal Election Campaign Act of 1971, 2 U.S.C. 431 et seq.
[``FECA''], to require, inter alia, that the Commission create a system
to ``permit reports required by this Act to be filed and preserved by
means of computer disk or any other electronic format or method, as
determined by the Commission.'' Federal Election Campaign Act of 1971,
Amendment, Public Law 104-79, section 1(a), 109 Stat. 791 (December 28,
1995).
The Commission submitted the electronic filing rules to Congress
for legislative review on August 9, 1996. Since these rules are not
major rules within the meaning of 5 U.S.C. 804(2), the FECA controls
the legislative review process. See 5 U.S.C. 801(a)(4), Small Business
Regulatory Enforcement Fairness Act, Public Law 104-121, section 251,
110 Stat. 857, 869 (1996). Section 438(d) of the FECA requires that any
rules or regulations prescribed by the Commission to carry out the
provisions of Title 2 of the United States Code be transmitted to the
Speaker of the House of Representatives and the President of the Senate
30 legislative days before they are finally promulgated.
When Congress adjourned sine die on October 4, 1996, the rules had
not been before Congress for 30 legislative days. Consequently, the
Commission must resubmit the rules for review in the 105th Congress,
which is scheduled to convene on January 7, 1997.
Ordinarily, this delay would not cause significant difficulty for
the Commission. However, the statute creating the electronic filing
system specifically requires the Commission make the electronic filing
system available for ``reports for periods beginning after December 31,
1996.'' Public Law 104-79, section 1(c). Thus, the Commission is
required to have the system in place by January 1, 1997.
The Commission is announcing today that it will put the electronic
filing rules published on August 15, 1996 into effect on an interim
basis in order to meet this statutory deadline. See 61 FR 42371. The
interim rules will go into effect on January 1, 1997. The Commission is
also announcing that it will retransmit the rules and Explanation and
Justification to Congress in early January. The rules will be
retransmitted before the 105th Congress convenes on January 7, 1997 in
order to begin the review period at the earliest opportunity. After
they have been before Congress for 30 legislative days, the Commission
will announce a date when the interim rules will go into effect as
final rules. The Commission expects this date to be in late March or
early April.
Dated: November 8, 1996.
Lee Ann Elliott,
Chairman, Federal Election Commission.
[FR Doc. 96-29235 Filed 11-14-96; 8:45 am]
BILLING CODE 6715-01-P