[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18697-18701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08874]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Rules
and Regulations
[[Page 18697]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 101, 102, 104, 105, 108, 110, and 114
[Notice 2019-08]
Point of Entry for All Campaign Finance Reports
AGENCY: Federal Election Commission.
ACTION: Interim final rule.
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SUMMARY: Congress amended the Federal Election Campaign Act (``FECA'')
to require all reports, designations, and notices mandated by FECA to
be filed with the Federal Election Commission. Previously, Senate
candidates and certain political committees were required to file such
reports, designations, and notices with the Secretary of the Senate.
The Commission is amending its regulations to implement this new
statutory requirement. The Commission is accepting comments on this
revision to its regulations and comments received may be addressed in a
subsequent rulemaking document.
DATES: Effective May 2, 2019. Comments must be received on or before
June 3, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Esther D. Gyory, Acting Assistant
General Counsel, or Ms. Cheryl A. Hemsley, Attorney, (202) 694-1650 or
(800) 424-9530.
ADDRESSES: All comments must be in writing. Comments may be submitted
electronically via the Commission's website at http://sers.fec.gov/fosers, reference REG 2018-04. Commenters are encouraged to submit
comments electronically to ensure timely receipt and consideration.
Alternatively, comments may be submitted in paper form. Paper comments
must be sent to the Federal Election Commission, Attn.: Esther D.
Gyory, Acting Assistant General Counsel, 1050 First Street NE,
Washington, DC 20463. Each commenter must provide, at a minimum, his or
her first name, last name, city, and state. All properly submitted
comments, including attachments, will become part of the public record,
and the Commission will make comments available for public viewing on
the Commission's website and in the Commission's Public Records Office.
Accordingly, commenters should not provide in their comments any
information that they do not wish to make public, such as a home street
address, personal email address, date of birth, phone number, social
security number, or driver's license number, or any information that is
restricted from disclosure, such as trade secrets or commercial or
financial information that is privileged or confidential.
SUPPLEMENTARY INFORMATION:
A. Background
The Legislative Branch Appropriations Act, 2019, Public Law 115-
244, sec. 102, 132 Stat. 2897, 2926 (2018) (``Appropriations Act'')
amended the Federal Election Campaign Act, 52 U.S.C. 30101-30145
(``FECA'') to require that all reports, designations, and statements
required to be filed under FECA must be filed with the Commission. 52
U.S.C. 30102(g). Previously, candidates for the United States Senate,
their principal campaign committees, and the Republican and Democratic
Senatorial Campaign Committees (collectively ``Senate filers'') were
required to file on paper with the Secretary of the Senate. 52 U.S.C.
30102(g)(1) (2015) (amended 2018). All other filers were required to
submit their reports, designations, and statements with the Commission.
See 52 U.S.C. 30102(g)(3) (2015) (amended 2018); see also 11 CFR part
105. To implement the change in the point of entry for reports,
designations, and statements filed under FECA, the Commission is
amending several regulations that state or refer to the point of entry
for reports, designations, or notices.
Additionally, Senate filers are now subject to the electronic
filing requirements of FECA and Commission regulations. Under these
requirements, persons who are required to file with the Commission and
have made expenditures or received contributions (or expect to make
expenditures or receive contributions) aggregating over $50,000 in a
calendar year must file electronically. 52 U.S.C. 30104(a)(11)(A)(i);
11 CFR 104.18(a). The Commission accordingly is amending its
regulations to clarify that these electronic filing requirements apply
to all filers, including Senate filers.
B. Revisions to 11 CFR Part 105--Document Filing
Currently, 11 CFR part 105 contains four separate regulations
setting forth the place of filing for different types of filers. See 11
CFR 105.1 (House candidates and their authorized committees), 105.2
(Senate candidates, their authorized committees, and committees
supporting only Senate candidates), 105.3 (Presidential candidates and
their authorized committees), and 105.4 (other political committees and
persons). Because all filers must now file with the Commission, the
Commission is replacing 11 CFR 105.1 through 105.4 with new section
105.1 stating that all reports, designations, or statements required by
FECA must be filed with the Commission.
Additionally, 11 CFR 105.5 requires the Secretary of the Senate to
transfer all reports it receives pursuant to section 105.2 to the
Commission. Because this provision is no longer necessary, the
Commission is deleting it.
C. Revisions to 11 CFR 104.4--Independent Expenditures by Political
Committees
Current section 104.4(e) instructs filers to file their independent
expenditure reports based on the office sought by the candidate
identified in the communication. For independent expenditures in
support of, or in opposition to, Senate candidates, regularly scheduled
reports must be filed with the Secretary of the Senate and the
Secretary of State in the state in which the candidate is seeking
election, while 24- and 48-hour reports must be filed with the
Commission and the Secretary of State in the state in which the
candidate is seeking election. 11 CFR 104.4(e)(2). The Commission is
removing this paragraph. The Commission also is renumbering current
paragraph (e)(3) (currently applicable to independent expenditures
referencing House of Representatives candidates) as paragraph (e)(2)
and revising the new paragraph to require that reports of independent
expenditures referencing
[[Page 18698]]
House candidates, Senate candidates, or both, are filed with the
Commission and the Secretary of the State in the state in which the
candidate is seeking election; renumbering current paragraph (e)(4) as
paragraph (e)(3); and making conforming edits to the cross-references
to current paragraphs (e)(2) and (e)(3).
D. Revisions to 11 CFR 104.18--Electronic Filing of Reports
The Commission is revising 11 CFR 104.18(a) and (b) to make clear
that all persons -- including Senate filers -- required by FECA to file
reports and who meet certain qualifications must do so electronically
with the Commission. In paragraph (a), for sake of completeness, the
Commission is adding a cross-reference to parts 101, 102, 104, and 109,
which also require persons to file reports. In paragraph (b), the
Commission is removing the reference to part 105 because it is no
longer necessary.
D. References to the Secretary of the Senate and 11 CFR Part 105
The Commission also is making conforming revisions to a number of
regulations that refer either to the Secretary of the Senate as a place
of filing or to the current place of filing provisions in 11 CFR part
105.
1. Removal of References to the Secretary of the Senate
The Commission is removing the words ``the Secretary of the
Senate,'' ``file with the Commission'' and, in one instance, the
Secretary of the Senate's address, in the following provisions: 11 CFR
100.5(e)(3) (definition of ``political committee''), 100.19 (``File,
filed, or filing''), 104.3(e)(5) (``Contents of reports''), 104.5(f)
(``Filing dates''), 104.14(c) (``Formal requirements regarding reports
and statements''), 104.22(d) (``Disclosure of bundling by Lobbyists/
Registrants and Lobbyist/Registrant PACs''), 108.8 (``Exemption for the
District of Columbia''), 110.6(c)(1)(i) and (ii) (``Earmarked
contributions''), and 114.6(d)(3) and (5) (``Twice yearly
solicitations'').
2. Removal of Cross-References to 11 CFR Part 105
The Commission also is removing cross-references to 11 CFR part 105
and, where appropriate, inserting the words ``with the Commission'' in
the following provisions: 11 CFR 101.1(a) and (b) (``Candidate
designations''), 102.1(a) and (d) (``Registration of political
committees''), 102.2(a)(1) (``Statement of organization: Forms and
committee identification number''), 102.3(a)(1) (``Termination of
registration''), 104.22(d) (``Disclosure of bundling by Lobbyists/
Registrants and Lobbyist/Registrant PACs''), and 110.6(c)(1)(i)
(``Earmarked contributions'').
The Commission is taking this action without advance notice and
comment because it falls under the ``good cause'' exception of the
Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(B). The
revisions are necessary to conform the Commission's regulations to FECA
as amended by the Appropriations Act. Because this action does not
involve any Commission discretion or policy judgments, notice and
comment are unnecessary. 5 U.S.C. 553(b)(B), (d)(3).
For the same reasons, these revisions fall within the ``good
cause'' exception to the APA's delayed effective date provision and the
requirements of the Congressional Review Act. 5 U.S.C. 553(d)(3),
808(2). Moreover, because this interim final rule is exempt from the
APA's notice and comment procedure under 5 U.S.C. 553(b), the
Commission is not required to conduct a regulatory flexibility analysis
under 55 U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the
Commission required to submit these revisions for Congressional review
under FECA. See 52 U.S.C 30111(d)(1), (4) (providing for congressional
review when the Commission ``prescribe[s]'' a ``rule of law'').
Accordingly, these revisions are effective upon publication in the
Federal Register.
List of Subjects
11 CFR Part 100
Elections.
11 CFR Part 101
Political candidates, Reporting and recordkeeping requirements.
11 CFR Part 102
Political committees and parties, Reporting and recordkeeping
requirements.
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 108
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, the Federal Election
Commission amends 11 CFR chapter I, as follows:
PART 100--SCOPE AND DEFINITIONS (52 U.S.C. 30101)
0
1. The authority citation for part 100 is revised to read as follows:
Authority: 52 U.S.C. 30101, 30102(g), 30104, 30111(a)(8), and
30114(c).
0
2. Amend Sec. 100.5 by revising paragraph (e)(3) to read as follows:
Sec. 100.5 Political committee (52 U.S.C. 30101(4), (5), and (6)).
* * * * *
(e) * * *
(3) Multi-candidate committee. Multi-candidate committee means a
political committee which--
(i) Has been registered with the Commission for at least 6 months;
(ii) Has received contributions for Federal elections from more
than 50 persons; and
(iii) Except for any State political party organization, has made
contributions to 5 or more Federal candidates.
* * * * *
0
3. Amend Sec. 100.19 by revising the introductory text and paragraphs
(a) and (e) to read as follows:
Sec. 100.19 File, filed, or filing (52 U.S.C. 30102(g), 30104(a)).
With respect to documents required to be filed under 11 CFR parts
101, 102, 104, 105, 107, 108, and 109, and any modifications or
amendments thereto, the terms file, filed, and filing mean one of the
actions set forth in paragraphs (a) through (f) of this section. For
purposes of this section, document means any report, statement, notice,
or designation required by the Act to be filed with the Commission.
(a) Where to deliver reports. Except for documents electronically
filed under paragraph (c) of this section, a document is timely filed
upon delivery to the Federal Election Commission, at the street address
identified in the definition of ``Commission'' in Sec. 1.2, by the
close of business on the prescribed filing date.
* * * * *
(e) 48-hour statements of last-minute contributions. In addition to
other
[[Page 18699]]
permissible means of filing, authorized committees that are not
required to file electronically may file 48-hour notices of
contributions using facsimile machines. All authorized committees,
including electronic reporting entities, may use the Commission's
website's on-line program to file 48-hour notifications of
contributions. See 11 CFR 104.5(f).
* * * * *
PART 101--CANDIDATE STATUS AND DESIGNATIONS (52 U.S.C. 30102(e))
0
4. The authority citation for part 101 is revised to read as follows:
Authority: 52 U.S.C. 30102(e), (g), 30104(a)(11), and
30111(a)(8).
0
5. Revise Sec. 101.1 to read as follows:
Sec. 101.1 Candidate designations (52 U.S.C. 30102(e)(1), (g)).
(a) Principal Campaign Committee. Within 15 days after becoming a
candidate under 11 CFR 100.3, each candidate, other than a nominee for
the office of Vice President, shall designate in writing, a principal
campaign committee in accordance with 11 CFR 102.12. A candidate shall
designate his or her principal campaign committee by filing a Statement
of Candidacy on FEC Form 2, or, if the candidate is not required to
file electronically under 11 CFR 104.18, by filing a letter with the
Commission containing the same information (that is, the individual's
name and address, party affiliation, and office sought, the District
and State in which Federal office is sought, and the name and address
of his or her principal campaign committee). Each principal campaign
committee shall register, designate a depository, and report in
accordance with 11 CFR parts 102, 103, and 104.
(b) Authorized committees. A candidate may designate additional
political committees in accordance with 11 CFR 102.13 to serve as
committees which will be authorized to accept contributions or make
expenditures on behalf of the candidate. For each such authorized
committee, other than a principal campaign committee, the candidate
shall file a written designation with his or her principal campaign
committee. The principal campaign committee shall file such
designations with the Commission.
PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY
POLITICAL COMMITTEES (52 U.S.C. 30103)
0
6. The authority citation for part 102 continues to read as follows:
Authority: 52 U.S.C. 30102, 30103, 30104(a)(11), 30111(a)(8),
30120.
0
7. Amend Sec. 102.1 by revising paragraphs (a) and (d) to read as
follows:
Sec. 102.1 Registration of political committees (52 U.S.C. 30102(g),
30103(a)).
(a) Principal campaign committees. Each principal campaign
committee shall file a Statement of Organization in accordance with 11
CFR 102.2 no later than 10 days after designation pursuant to 11 CFR
101.1. In addition, each principal campaign committee shall file all
designations, statements and reports which are filed with such
committee with the Commission.
* * * * *
(d) Other political committees. All other committees shall file a
Statement of Organization no later than 10 days after becoming a
political committee within the meaning of 11 CFR 100.5. Such
statement(s) shall be filed with the Commission.
0
8. Amend Sec. 102.2 by revising paragraph (a)(1) to read as follows:
Sec. 102.2 Statement of organization: Forms and committee
identification number (52 U.S.C. 30302(g), 30103(b), (c)).
(a) * * *
(1) The Statement of Organization shall be filed with the
Commission on Federal Election Commission Form 1.
* * * * *
0
9. Amend Sec. 102.3 by revising paragraph (a)(1) to read as follows:
Sec. 102.3 Termination of registration (52 U.S.C. 30102(g),
30103(d)(1)).
(a)(1) A political committee (other than a principal campaign
committee) may terminate only upon filing a termination report on the
appropriate FEC Form or upon filing a written statement containing the
same information with the Commission. Except as provided in 11 CFR
102.4(c), only a committee which will no longer receive any
contributions or make any disbursements that would otherwise qualify it
as a political committee may terminate, provided that such committee
has no outstanding debts and obligations. In addition to the Notice,
the committee shall also provide a final report of receipts and
disbursements, which report shall include a statement as to the purpose
for which such residual funds will be used, including a statement as to
whether such residual funds will be used to defray expenses incurred in
connection with an individual's duties as a holder of federal office.
* * * * *
PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52
U.S.C. 30104)
0
10. The authority citation for part 104 is revised to read as follows:
Authority: 52 U.S.C. 30101(1), 30101(8), 30101(9), 30102(g) and
(i), 30104, 30111(a)(8) and (b), 30114, 30116, 36 U.S.C. 510.
0
11. Amend Sec. 104.3 by revising paragraph (e)(5) as follows:
Sec. 104.3 Contents of reports (52 U.S.C. 30102(g), 30104(b), 30114).
* * * * *
(e) * * *
(5) A committee using pseudonyms shall send a list of such
pseudonyms under separate cover directly to the Reports Analysis
Division, Federal Election Commission, at the street address identified
in the definition of ``Commission'' in Sec. 1.2 of this chapter, on or
before the date on which any report containing such pseudonyms is filed
with the Commission. The Commission shall maintain the list, but shall
exclude it from the public record. A committee shall not send any list
of pseudonyms to any Secretary of State or equivalent state officer.
* * * * *
0
12. Amend Sec. 104.4 by removing paragraph (e)(2), redesignating
paragraph (e)(3) as paragraph (e)(2) and revising it, and redesignating
paragraph (e)(4) as paragraph (e)(3) and revising it.
The revisions read as follows:
Sec. 104.4 Independent expenditures by political committees (52
U.S.C. 30102(g), 30104(b), (d), and (g)).
* * * * *
(e) * * *
(2) For independent expenditures in support of, or in opposition
to, a candidate for the U.S. Senate or the House of Representatives:
With the Commission and the Secretary of State for the State in which
the candidate is seeking election.
(3) Notwithstanding the requirements of paragraphs (e)(1) and (2)
of this section, political committees and other persons shall not be
required to file reports of independent expenditures with the Secretary
of State if that State has obtained a waiver under 11 CFR 108.1(b).
* * * * *
0
13. Amend Sec. 104.5 by revising paragraph (f) to read as follows:
Sec. 104.5 Filing dates (52 U.S.C. 30102(g), 30104(a)(2)).
* * * * *
(f) 48-hour notification of contributions. If any contribution of
[[Page 18700]]
$1,000 or more is received by any authorized committee of a candidate
after the 20th day, but more than 48 hours, before 12:01 a.m. of the
day of the election, the principal campaign committee of that candidate
shall notify the Commission and the Secretary of State, as appropriate,
within 48 hours of receipt of the contribution. The notification shall
be in writing and shall include the name of the candidate and office
sought by the candidate, the identification of the contributor, and the
date of receipt and amount of the contribution. The notification shall
be filed in accordance with 11 CFR 100.19. The notification shall be in
addition to the reporting of these contributions on the post-election
report.
* * * * *
0
14. Amend Sec. 104.14 by revising paragraph (c) to read as follows:
Sec. 104.14 Formal requirements regarding reports and statements.
* * * * *
(c) Acknowledgements by the Commission of the receipt of Statements
of Organization, reports or other statements filed under 11 CFR parts
101, 102, and 104 are intended solely to inform the person filing the
report of its receipt and neither the acknowledgement nor the
acceptance of a report or statement shall constitute express or implied
approval, or in any manner indicate that the contents of any report or
statement fulfill the filing or other requirements of the Act or of
these regulations.
* * * * *
0
15. Amend Sec. 104.18 by revising paragraphs (a)(1) introductory text
and (b) to read as follows:
Sec. 104.18 Electronic filing of reports (52 U.S.C. 30102(d) and
30104(a)(11)).
(a) * * *
(1) Political committees and other persons required by the Act to
file reports with the Commission, as provided in 11 CFR parts 101, 102,
104, 105, 107, and 109, must do so in an electronic format that meets
the requirements of this section if--
* * * * *
(b) Voluntary. A political committee or other person who files
reports with the Commission and who is not required to file
electronically under paragraph (a) of this section, may choose to file
its reports in an electronic format that meets the requirements of this
section (internet forms included). If a political committee or other
person chooses to file its reports electronically, all electronically
filed reports must pass the Commission's validation program in
accordance with paragraph (e) of this section. The committee or other
person must continue to file in an electronic format all reports
covering financial activity for that calendar year, unless the
Commission determines that extraordinary and unforeseeable
circumstances have made it impracticable for the political committee or
other person to continue filing electronically.
* * * * *
0
16. Amend Sec. 104.22 by revising paragraph (d) to read as follows:
Sec. 104.22 Disclosure of bundling by Lobbyist/Registrants and
Lobbyist/Registrant PACs (52 U.S.C. 30102(g), 30104(i)).
* * * * *
(d) Where to file. Reporting committees shall file with the Federal
Election Commission.
* * * * *
PART 105--DOCUMENT FILING (52 U.S.C. 30102(g))
0
17. The authority citation for part 105 continues to read as follows:
Authority: 52 U.S.C. 30102(g), 30104, 30111(a)(8).
0
18. Revise Sec. 105.1 to read as follows:
Sec. 105.1 Place of filing (52 U.S.C. 30102(g), 30104(g)).
All designations, statements, reports, and notices, as well as any
modification(s) or amendment(s) thereto, required to be filed under the
Act shall be filed in original form with, and received by, the
Commission as defined in Sec. 1.2.
Sec. Sec. 105.2, 105.3, 105.4, and 105.5 [Removed and Reserved]
0
19. Remove and reserve Sec. Sec. 105.2, 105.3, 105.4, and 105.5.
PART 108--FILING COPIES OF REPORTS AND STATEMENTS WITH STATE
OFFICERS (52 U.S.C. 30113)
0
20. The authority citation for part 108 is revised to read as follows:
Authority: 52 U.S.C. 30102(g), 30104(a)(2), 30111(a)(8), 30113,
30143.
0
21. Revise Sec. 108.8 to read as follows:
Sec. 108.8 Exemption for the District of Columbia (52 U.S.C.
30102(g))
Any copy of a report required to be filed with the equivalent
officer in the District of Columbia shall be deemed to be filed if the
original has been filed with the Commission.
PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS
0
22. The authority citation for part 110 is revised to read as follows:
Authority: 52 U.S.C. 30101(8), 30101(9), 30102(c)(2) and (g),
30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123,
30124, and 36 U.S.C. 510.
0
23. Amend Sec. 110.6 by revising paragraphs (c)(1)(i) and (ii) to read
as follows:
Sec. 110.6 Earmarked contributions (52 U.S.C. 30102(g), 30116(a)(8)).
* * * * *
(c) * * *
(1) * * *
(i) The intermediary or conduit of the earmarked contribution shall
report the original source and the recipient candidate or authorized
committee to the Commission and to the recipient candidate or
authorized committee.
(ii) The report to the Commission shall be included in the
conduit's or intermediary's report for the reporting period in which
the earmarked contribution was received, or, if the conduit or
intermediary is not required to report under 11 CFR part 104, by letter
to the Commission within thirty days after forwarding the earmarked
contribution.
* * * * *
PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY
0
24. The authority citation for part 114 continues to read as follows:
Authority: 52 U.S.C. 30101(8), 30101(9), 30102, 30104,
30107(a)(8), 30111(a)(8), 30118.
0
25. Amend Sec. 114.6 by revising paragraphs (d)(3)(i) and (d)(5) to
read as follows:
Sec. 114.6 Twice yearly solicitations.
* * * * *
(d) * * *
(3) * * *
(i) Make the records of persons making a single contribution of $50
or less, or multiple contributions aggregating $200 or less, in a
calendar year, available to any person other than representatives of
the Federal Election Commission and law enforcement officials or
judicial bodies.
* * * * *
(5) Notwithstanding the prohibitions of paragraph (d)(1) of this
section, the custodian may be employed by the separate segregated fund
as its treasurer and may handle all of its contributions, provided that
the custodian preserves
[[Page 18701]]
the anonymity of the contributors as required by this section. The
custodian shall file the required reports with the Federal Election
Commission. A custodian who serves as treasurer is subject to all of
the duties, responsibilities, and liabilities of a treasurer under the
Act, and may not participate in the decision making process whereby the
separate segregated fund makes contributions and expenditures.
* * * * *
On behalf of the Commission,
Ellen L. Weintraub,
Chair, Federal Election Commission.
[FR Doc. 2019-08874 Filed 5-1-19; 8:45 am]
BILLING CODE 6715-01-P