AGENCY:

Federal Election Commission.

ACTION:

Interim final rule.

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 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)

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).

2. Amend § 100.5 by revising paragraph (e)(3) to read as follows:

3. Amend § 100.19 by revising the introductory text and paragraphs (a) and (e) to read as follows:

PART 101—CANDIDATE STATUS AND DESIGNATIONS (52 U.S.C. 30102(e))

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).

5. Revise § 101.1 to read as follows:

PART 102—REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY POLITICAL COMMITTEES (52 U.S.C. 30103)

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.

7. Amend § 102.1 by revising paragraphs (a) and (d) to read as follows:

8. Amend § 102.2 by revising paragraph (a)(1) to read as follows:

9. Amend § 102.3 by revising paragraph (a)(1) to read as follows:

PART 104—REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52 U.S.C. 30104)

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.

11. Amend § 104.3 by revising paragraph (e)(5) as follows:

12. Amend § 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:

13. Amend § 104.5 by revising paragraph (f) to read as follows:

14. Amend § 104.14 by revising paragraph (c) to read as follows:

15. Amend § 104.18 by revising paragraphs (a)(1) introductory text and (b) to read as follows:

16. Amend § 104.22 by revising paragraph (d) to read as follows:

PART 105—DOCUMENT FILING (52 U.S.C. 30102(g))

17. The authority citation for part 105 continues to read as follows:

Authority: 52 U.S.C. 30102(g), 30104, 30111(a)(8).

18. Revise § 105.1 to read as follows:

19. Remove and reserve §§ 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)

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.

21. Revise § 108.8 to read as follows:

PART 110—CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

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.

23. Amend § 110.6 by revising paragraphs (c)(1)(i) and (ii) to read as follows:

PART 114—CORPORATE AND LABOR ORGANIZATION ACTIVITY

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.

25. Amend § 114.6 by revising paragraphs (d)(3)(i) and (d)(5) to read as follows: