80 FR 16594 - Rulemaking Petition: Administrative Fines Program and Commission Forms

FEDERAL ELECTION COMMISSION

Federal Register Volume 80, Issue 60 (March 30, 2015)

On January 23, 2015, the Federal Election Commission received a Petition for Rulemaking asking the Commission to expand its Administrative Fines Program and to revise and update several Commission forms and their instructions. The Commission seeks comments on this petition.

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Proposed Rules]
[Pages 16594-16595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07176]


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FEDERAL ELECTION COMMISSION

11 CFR Part 111

[Notice 2015-05]


Rulemaking Petition: Administrative Fines Program and Commission 
Forms

AGENCY: Federal Election Commission.

ACTION: Rulemaking Petition: Notice of availability.

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SUMMARY: On January 23, 2015, the Federal Election Commission received 
a Petition for Rulemaking asking the Commission to expand its 
Administrative Fines Program and to revise and update several 
Commission forms and their instructions. The Commission seeks comments 
on this petition.

DATES: Comments must be submitted on or before May 29, 2015.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
http://www.fec.gov/fosers, reference REG 2015-01, or by email to 
[email protected]. Alternatively, commenters may submit comments in 
paper form, addressed to the Federal Election Commission, Attn.: Robert 
M. Knop, Assistant General Counsel, 999 E Street NW., Washington, DC 
20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, state, and zip code. 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 Web site and in the Commission's Public Records room. 
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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, Mr. Neven F. Stipanovic, Attorney, or Ms. Holly Ratliff, 
Office of General Counsel, 999 E Street NW., Washington, DC 20463, 
(202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On January 23, 2015, the Federal Election 
Commission received a Petition for Rulemaking from seven attorneys \1\ 
(collectively ``petitioners'') regarding the Commission's 
Administrative Fines Program (``AFP'') and several of the Commission's 
forms and their accompanying instructions. Under the AFP, the 
Commission assesses civil monetary penalties for late filing and 
failure to file certain reports as required by 52 U.S.C. 30104(a) 
(formerly 2 U.S.C. 434(a)) (requiring political committee treasurers to 
report receipts and disbursements within certain time periods). 11 CFR 
111.30; see also 52 U.S.C. 30109(a)(4)(C) (formerly 2 U.S.C. 
437g(a)(4)(C)). If the Commission determines that such a violation has 
occurred, it may assess a civil monetary penalty according to the AFP 
penalty schedules at 11 CFR 111.43-.44.
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    \1\ Messrs. Robert F. Bauer, Allen Dickerson, Benjamin L. 
Ginsberg, Donald F. McGahn II, Laurence E. Gold, Robert D. Lenhard, 
and Bradley A. Smith.
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    In December 2013, Congress authorized the Commission to expand the 
scope of the AFP to encompass reporting violations for reports filed 
under 52 U.S.C. 30104(c) (formerly 2 U.S.C. 434(c)) (certain 
independent expenditure reports), 52 U.S.C. 30104(e) (formerly 2 U.S.C. 
434(e)) (certain federal election activity reports), 52 U.S.C. 30104(f) 
(formerly 2 U.S.C. 434(f)) (electioneering communications reports), 52 
U.S.C. 30104(g) (formerly 2 U.S.C. 434(g)) (24- and 48-hour independent 
expenditure reports), 52 U.S.C. 30104(i) (formerly 2 U.S.C. 434(i)) 
(bundled contribution reports), and 52 U.S.C. 30105 (formerly 2 U.S.C. 
437) (certain convention reports). See Public Law 113-72, 127 Stat. 
1210 (2013). The petitioners ask the Commission to conduct a rulemaking 
to expand the scope of the AFP to these additional categories of 
reporting violations, using an approach that considers the criteria in 
the penalty schedule found at 11 CFR 111.43 (election sensitivity, 
level of activity, number of days late, and number of previous 
violations) and similar factors but eschews a strict formulaic penalty.
    The petitioners also ask the Commission to revise several of its

[[Page 16595]]

forms and their instructions. The proposals are divided into five 
categories, wherein the petitioners ask the Commission to: (1) 
Eliminate the need for ``sophisticated accounting techniques'' by 
``add[ing] a single, streamlined page to Form 3X for reporting all in-
kind contributions'' and ``clarify[ing] that committees need only 
engage in best efforts to reasonably ascertain the value of 
expenditures subject to 24- and 48-hour reports''; (2) revise the forms 
to ``reflect the existence of independent-expenditure only 
committees''; (3) revise the forms to ``reflect the existence of Carey 
funds''; (4) revise the forms to ``recognize that corporations and 
labor organizations may make contributions to IE PACs''; and (5) revise 
the forms to ``confine Form 3X to nonconnected committees and separate 
segregated funds, create a separate reporting form for political party 
committees, and thoroughly redesign Form 3X.''
    The Commission seeks comments on the petition. The public may 
inspect the Petition for Rulemaking on the Commission's Web site at 
http://www.fec.gov/fosers, or in the Commission's Public Records 
Office, 999 E Street NW., Washington, DC 20463, Monday through Friday, 
from 9 a.m. to 5 p.m. Interested persons may also obtain a copy of the 
petition by dialing the Commission's Faxline service at (202) 501-3413 
and following its instructions. Request document #277.
    The Commission will not consider the petition's merits until after 
the comment period closes. If the Commission decides that the petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    On behalf of the Commission.
    Dated: March 24, 2015.
Ann M. Ravel,
Chair, Federal Election Commission.
[FR Doc. 2015-07176 Filed 3-27-15; 8:45 am]
 BILLING CODE 6715-01-P