Federal Register: November 29, 2002 (Volume 67, Number 230)
DOCID: FR Doc 02-30265
FEDERAL ELECTION COMMISSION
Federal Election Commission
CFR Citation: 11 CFR Parts 104, 106, and 300
NOT ID: [NOTICE 2002-24]
NOTICE: RULES
ACTION: Bipartisan Campaign Reform Act; implementation:
DOCUMENT ACTION: Statement of policy.
SUBJECT CATEGORY:
FEC Policy Statement: Interim Reporting Procedures
DOCUMENT SUMMARY:
During the transition period following the effective date of the Bipartisan Campaign Reform Act of 2002 (``BCRA''), the Commission intends to exercise its discretion by not pursuing the political committees and other persons and entities addressed below for possible violations of the reporting statutes and regulations covered by the instructions set out in this policy statement if they fully adhere to those instructions and timely file the described reports. The limitations on the scope and duration of the policy are discussed in detail below.
SUMMARY:
Interim reporting procedures; policy statement,
SUPPLEMENTAL INFORMATION
Congress established a 90-day period during which the Commission was required to promulgate regulations implementing Title I of BCRA regarding certain national, state, and local party committee activities, including reporting of Federal election activity and certain allocable expenses. This period ended on June 25, 2002. Congress also required the Commission to complete the remaining BCRA rulemakings, including those regarding other reporting requirements, in 270 days, which is December 22, 2002. The Commission adopted final rules implementing Title I on June 25, 2002. Prohibited and Excessive Contributions: NonFederal Funds or Soft Money; Final Rule, 67 FR 49,064 (July 29, 2002) (``Soft Money Final Rules''). The Commission has also completed four other rulemakings to implement BCRA: (1) Final Rules on Electioneering Communications, 67 FR 65190 (October 23, 2002); (2) Interim Final Rules Regarding FCC Database on Electioneering Communications, 67 FR 65212 (October 23, 2002); (3) Final Rules on Reorganization of Regulations on Contributions and Expenditures, 67 FR 50582 (August 5, 2002); and (4) Final Rules on Contribution Limitations and Prohibitions, 67 FR 69928 (November 19, 2002). The Commission notes that other BCRArelated reporting rules (e.g., electioneering communications, independent expenditures) are not yet finalized, but are expected to be before December 22, 2002, including the Consolidated Reporting Rulemaking, which the Commission is scheduled to complete on December 12, 2002. Issuance of new and revised reporting forms, software and instructions is dependent upon the finalization of all the reporting rules. However, BCRA's reporting requirements became effective on November 6, 2002. The Commission is in the process of updating its reporting forms, software, and instructions to incorporate all the new regulations, and will need a period of time after December 22, 2002, to complete this process. In the interim, filers will continue to use existing disclosure forms and software for their December 5th Post General Election Report, January 31st Year End Report and, for monthly filers only, the February Monthly Report, which covers January 2003.
BCRA introduced new reporting responsibilities for political party committees and other reporting entities and significantly changed certain existing requirements. Among the significant changes introduced by BCRA are the reporting by State, district, and local party committees of Federal election activities (``FEA''), including the allocation of some of those activities between Federal funds and ``Levin'' funds, and revisions in those committees' allocations of payments between Federal and nonFederal funds. See 11 CFR 300.2(i), 300.36, 106.7, and 104.17. In addition, BCRA introduced provisions for Federal candidates and their committees with respect to candidate funding of his or her own campaign in the form of the ``millionaires provision'' and provisions for reporting by individuals and entities making electioneering communications. See 2 U.S.C. 434(a)(6)(B), 434(f), and 441a1(b).
As new forms are now being developed to meet the new requirements,
the Commission concludes that a period of transition and adjustment
with respect to reporting is needed, including allowance for the
continued use of the ballot composition formula in the PostGeneral and
Year End Reports. To assist filers during this transition period, the Commission has developed the interim disclosure
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procedures set forth below.\1\ These procedures address BCRArelated
transactions not contemplated by the existing reporting forms and
filing software. Questions concerning these procedures may be directed
to the FEC's Information Division, Reports Analysis Division or Electronic Filing Office, as appropriate.
\1\ These procedures also apply to filers involved in special
elections held during this period, including the November 30 and
January 4 special elections in Hawaii. Those filers should pay
special attention to the instructions for disclosing ``Federal
Election Activity'' (defined in 11 CFR 100.24) and ``Electioneering
Communications'' (defined in 11 CFR 100.29), since both are
triggered by proximity to an election. See 11 CFR 300.33, 300.36, and proposed 104.20.
Hence, the Commission intends to exercise its discretion by not
pursuing the committees and other persons and entities addressed below
for possible violations of the reporting statutes and regulations
covered by the instructions set out in this policy statement if the
filers fully adhere to those instructions and timely file the reports. Interim Reporting Procedures
Interim Disclosure Procedures for State, District and Local Party Committees
1. Reporting Allocable Administrative and Generic Voter Drive Expenses
(that are not Federal Election Activity (FEA)) for November and December 2002
For the December 5th Post General Election report and the January
31st Year End report only, state, district and local party committees
may continue to allocate administrative and generic voter drive
expenses according to the ballot composition ratio for the 20012002
election cycle. Committees should report this activity just as they
always have: payments should be disclosed on Schedule H4, and transfers
from the nonfederal account should appear on Schedule H3. Committees need not submit a new Schedule H1.
2. Reporting Allocable Exempt Activities (that are not FEA) for November and December 2002
For the December 5th Post General Election report and the January
31st Year End report only, state, district and local party committees
may continue to allocate payments for exempt activities based on the
time or space devoted to federal candidates, as compared to the time or
space of the entire communication. Committees should report this
activity just as they always have: payments should be disclosed on
Schedule H4, and transfers from the nonfederal account should appear on Schedule H3.
3. Reporting Receipts of ``Levin Funds''
[sbull] Paper Filers:
Using a separate Schedule A, itemize each receipt (regardless of
amount) as a memo entry. Do not include these receipts in totals or on
the Detailed Summary Page.
FOR FURTHER INFORMATION CONTACT
Mr. John C. Vergelli, Acting Assistant General Counsel, Mr. Jonathan M. Levin, Senior Attorney, Mr. Gregory Scott, Assistant Staff Director for Information, and Ms. Debbie Chacona, Reports Analysis Division Chief of Party/NonParty Branch, 999 E Street, NW., Washington, DC 20463, (202) 6941650 or (800) 4249530.