83 FR 46888 - Rulemaking Petition: Personal Use of Leadership PAC Funds

FEDERAL ELECTION COMMISSION

Federal Register Volume 83, Issue 180 (September 17, 2018)

On July 24, 2018, the Federal Election Commission received a Petition for Rulemaking, which asks the Commission to revise and amend the existing regulation concerning the personal use of campaign funds, to specify that that regulation applies to leadership PAC funds. The Commission seeks comments on the petition.

[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Proposed Rules]
[Pages 46888-46889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20095]


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FEDERAL ELECTION COMMISSION

11 CFR Part 113

[Notice 2018-14]


Rulemaking Petition: Personal Use of Leadership PAC Funds

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notification of availability.

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SUMMARY: On July 24, 2018, the Federal Election Commission received a 
Petition for Rulemaking, which asks the Commission to revise and amend 
the existing regulation concerning the personal use of campaign funds, 
to specify that that regulation applies to leadership PAC funds. The 
Commission seeks comments on the petition.

DATES: Comments must be submitted on or before November 16, 2018.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
http://sers.fec.gov/fosers/rulemaking.htm?pid=2933211, reference REG 
2018-02. Alternatively, commenters may submit comments in paper form, 
addressed to the Federal Election Commission, Attn.: Mr. Robert M. 
Knop, 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.

FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General 
Counsel, or Mr. Joseph P. Wenzinger, Attorney, Office of General 
Counsel, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: On July 24, 2018, the Commission received a 
Petition for Rulemaking from Campaign Legal Center, Issue One, and five 
former United States Representatives, asking the Commission to revise 
and amend 11 CFR 113.1(g)--which regulates the personal use of campaign 
funds--to specify that that regulation applies to leadership PAC funds.
    The Federal Election Campaign Act, 52 U.S.C. 30101-45 (the 
``Act''), identifies six categories of permissible uses of 
contributions accepted by a federal candidate, and any other donations 
received by an individual as support for activities of the individual 
as a federal officeholder. 52 U.S.C. 30114(a). These permissible uses 
include ``any . . . lawful purpose'' that does not convert campaign 
funds to ``personal use.'' 52 U.S.C. 30114(a)(6), (b)(1). Commission 
regulations define ``personal use'' as ``any use of funds in a campaign 
account of a present or former candidate to fulfill a commitment, 
obligation or expense of any person that would exist irrespective of 
the candidate's campaign or duties as a Federal officeholder.'' 11 CFR 
113.1(g); see also 52 U.S.C. 30114(b)(2).
    As defined by the Act and Commission regulations, leadership PACs 
are political committees directly or indirectly established, financed, 
maintained, or controlled by federal candidates or officeholders that 
are neither authorized committees of a federal candidate or 
officeholder nor affiliated with an authorized committee of a federal 
candidate or officeholder. See 52 U.S.C. 30104(i)(8)(B); 11 CFR 
100.5(e)(6). The term ``leadership PAC'' does not include a political 
committee of a political party. 52 U.S.C. 30104(i)(8)(B); 11 CFR 
100.5(e)(6).
    The petition asks the Commission to open a rulemaking to ``clarify 
that the statutory prohibition'' on personal use of campaign funds 
applies to leadership PACs. The statutory prohibition applies, the 
petition argues, because a contribution to a leadership PAC qualifies 
under 52 U.S.C. 30114(a) as both a ``contribution accepted by a 
candidate,'' and a ``donation received by an individual as support for 
activities of the individual as a holder of Federal office.'' The 
petition suggests that the Commission revise 11 CFR 113.1(g) to include 
leadership PACs.
    The Commission seeks comments on the petition. The public may 
inspect the petition on the Commission's website at http://
sers.fec.gov/fosers/

[[Page 46889]]

showpdf.htm?docid=399206, or in the Commission's Public Records Office, 
1050 First Street NE, 12th Floor, Washington, DC 20463, Monday through 
Friday, from 9 a.m. to 5 p.m.
    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: September 7, 2018.
Caroline C. Hunter,
Chair, Federal Election Commission.

[FR Doc. 2018-20095 Filed 9-14-18; 8:45 am]
BILLING CODE 6715-01-P