[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Pages 1228-1229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00128]


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FEDERAL ELECTION COMMISSION

[Notice 2023-01]


Notice of Public Hearing and Request for Public Comments

AGENCY: Federal Election Commission.

ACTION: Notice of public hearing and request for public comments.

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SUMMARY: The Federal Election Commission seeks public comment on its 
policies and procedures regarding the auditing of political committees 
that do not receive public funds. The Commission also is announcing a 
public hearing on its audit procedures.

DATES: Comments must be submitted on or before February 8, 2023. A 
hybrid public hearing will be held on a later date at the Federal 
Election Commission, 1050 First St. NE, 12th floor Hearing Room, 
Washington, DC 20463, and virtually. The Commission will publish a 
notification of hearing in the Federal Register announcing the date and 
time of the hearing. Anyone seeking to testify at the hearing must file 
written comments by the due date and must include in the written 
comments a request to testify.

ADDRESSES: All comments must be in writing. Commenters may submit 
comments by email to [email protected].
    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, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, or Ms. Joanna S. Waldstreicher, Attorney, Office of 
the General Counsel, at [email protected] or 202-694-1650.

SUPPLEMENTARY INFORMATION: The Commission administers the Federal 
Election Campaign Act,\1\ in relevant part, through a review of 
disclosure reports that are filed with the Commission. When the 
Commission's review of a non-publicly-funded political committee's 
disclosure reports indicates that the reports appear not to have met 
the threshold requirements for substantial compliance with the 
requirements of the Act, the Commission may conduct an audit of the 
committee to determine whether the committee complied with the Act's 
limitations, prohibitions and disclosure requirements.\2\ The 
Commission's procedures regarding these audits are primarily set forth 
in Directive 70: FEC Directive on Processing Audit Reports; \3\ 
Procedural Rules for Audit Hearings; \4\ and a program for requesting 
consideration of legal questions by the Commission.\5\
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    \1\ 52 U.S.C. 30101-45.
    \2\ 52 U.S.C. 30111(b). The Commission is required by law to 
audit presidential committees that receive public funds. 52 U.S.C. 
30111(b); 26 U.S.C. 9007(a), 9038(a).
    \3\ https://www.fec.gov/resources/cms-content/documents/directive_70.pdf (adopted in 2010 and last modified in 2011).
    \4\ 74 FR 33,140 (July 10, 2009) and Correction, 74 FR 39,535 
(August 7, 2009).
    \5\ Policy Statement Regarding a Program for Requesting 
Consideration of Legal Questions by the Commission, 84 FR 36,602 
(July 29, 2019) (updating Commission's contact information, 
recounting history of similar changes to program since adopted in 
2011, and publishing current policy in full); Directive 69: FEC 
Directive on Legal Guidance to the Office of Compliance, https://www.fec.gov/resources/cms-content/documents/directive_69.pdf 
(adopted in 2010).
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    In the course of addressing its administrative responsibilities, 
the Commission periodically reviews its programs to ensure that it is 
fulfilling its mission of enforcing and administering the Act while 
continuing to afford due process and efficiency to political 
committees. The purpose of this Notice is to reexamine the Commission's 
policies and procedures regarding the auditing of political committees 
that do not receive public funds, and to give the regulated community 
and representatives of the public an opportunity to bring before the 
Commission comments and concerns about its audit process. The 
Commission will use the comments received to help determine whether 
internal directives or practices should be adjusted, and if so, how. 
The Commission is not, in this notice, seeking comment on its policies, 
practices, and procedures regarding audits of publicly funded 
committees.
    The Commission seeks comments addressing the audit process since 
the most recent changes were made over ten years ago: for example, the 
Rules for Audit Hearings in 2009, Directives 69 and 70 in 2010, and the 
Program for Requesting Consideration of Legal Questions in 2011. For 
example, are committees being given sufficient

[[Page 1229]]

opportunity to be heard by the Commission during the audit process? Has 
the audit process become more complex, costly, or inefficient? What can 
the Commission do to improve the audit process?
    The Commission welcomes comments on how it might increase fairness, 
substantive and procedural due process, efficiency, and effectiveness 
of the Commission's auditing of political committees, and how the audit 
function could best serve the Commission's mission and enhance 
disclosure and compliance with the Act. The Commission is particularly 
interested in hearing from committees that have directly interacted 
with the Commission in the audit process, and their counsel, on how the 
Commission's audit policies and procedures have facilitated or hindered 
committees' productive interaction with the agency and substantial 
compliance with the Act.

    On behalf of the Commission.
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-00128 Filed 1-6-23; 8:45 am]
BILLING CODE 6715-01-P