[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Page 40586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14901]


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FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 104, and 109

[Notice 2002-10]


Independent Expenditure Reporting

AGENCY: Federal Election Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: On March 20, 2002, the Commission published the text of 
regulations regarding independent expenditure reporting. The Commission 
announces that these rules are effective as of June 13, 2002.

DATES: Effective date: June 13, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Rosemary C. Smith, Acting 
Associate General Counsel, or Ms. Cheryl Fowle, Attorney, 999 E Street, 
NW, Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Commission is announcing the effective 
date of revisions to the regulations at 11 CFR 100.19, 104.4(b), 
104.5(f) and (g), 104.14(a), 104.18(h), 109.1(f) and 109.2 regarding 
independent expenditure reporting. See Explanation and Justification 
for Independent Expenditure Reporting, 67 FR 12834 (March 20, 2002). 
These rules implement Public Law 106-346 (Department of Transportation 
and Related Agencies Appropriations Act, 2001, 114 Stat. 1356 (2000)), 
which amended the Federal Election Campaign Act of 1971, 2 U.S.C. 431 
et seq., (``the Act'' or ``FECA''). Under the new regulations, reports 
of last minute independent expenditures (``24-hour reports'') must be 
actually received by the Commission or the Secretary of the Senate's 
office within 24 hours of the time the independent expenditure was 
made. To assist those who must meet this new reporting deadline, the 
new rules allow reports of last minute independent expenditures to be 
filed by facsimile machine or electronic mail, unless the filer 
participates in the Commission's electronic filing program. Electronic 
filers must continue to file all reports of independent expenditures 
(24-hour reports as well as regularly scheduled reports) using the 
Commission's electronic filing system.
    Under the Administrative Procedures Act, 5 U.S.C. 553(d), and the 
Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801(a)(1), 
agencies must submit final rules to the Speaker of the House of 
Representatives and the President of the Senate and publish them in the 
Federal Register at least 30 calendar days before they take effect. The 
final rules on Independent Expenditure Reporting were transmitted to 
Congress on March 15, 2002. Thirty legislative days expired in the 
Senate on May 14, 2002, and in the House of Representatives on May 22, 
2002.
    In addition, please note, the Bipartisan Campaign Reform Act of 
2002, Pub. L. 107-155, 116 Stat. 81 (March 27, 2002) requires, inter 
alia, the Commission to promulgate new rules regarding the reporting of 
independent expenditures. The Commission is in the process of 
promulgating such rules, which will not take effect before November 6, 
2002.
    The Commission also revised FEC Form 5, Reports of Independent 
Expenditures by Persons Other Than Political Committees, and Schedule 
E, Reports of Independent Expenditures by Political Committees, and 
their respective instructions. These forms were transmitted to Congress 
(2 U.S.C. 438(d)) on May 7, 2002, and ended their ten legislative day 
period on May 22, 2002, in the Senate and on May 24, 2002, in the House 
of Representatives. The revised forms and instructions are also 
effective as of June 13, 2002.

    Dated: June 10, 2002.
David. M. Mason,
Chairman, Federal Election Commission.
[FR Doc. 02-14901 Filed 6-12-02; 8:45 am]
BILLING CODE 6715-01-P