96-29235. Electronic Filing of Reports by Political Committees

[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Rules and Regulations]
[Pages 58460-58461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29235]


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FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 1996--20]


Electronic Filing of Reports by Political Committees

AGENCY: Federal Election Commission.

ACTION: Interim rules; transmittal of regulations to Congress.

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SUMMARY: The Federal Election Commission is implementing a voluntary 
system of electronic filing for reports of campaign finance activity 
filed with the agency. The Commission has approved final rules setting 
out the requirements for this system. In order to ensure compliance 
with a statutory mandate, the Commission is putting these rules into 
effect on an interim basis, pending Congressional review at the start 
of the 105th Congress. Further information is provided in the 
supplementary information that follows.

EFFECTIVE DATE: These interim rules are effective January 1, 1997. The 
Commission will submit these rules for legislative review in the 105th 
Congress, and will announce a final effective date after the rules have 
been before Congress for 30 legislative days pursuant to 2 U.S.C. 
438(d). A document announcing that the interim rules have been 
prescribed as final rules will be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant 
General Counsel, or Paul Sanford, Staff Attorney, 999 E Street, N.W., 
Washington, D.C. 20463, [phone] or [phone].

SUPPLEMENTARY INFORMATION: In August, the Commission approved the final 
text of new regulations implementing a voluntary electronic filing 
system for reports of campaign finance activity filed with the agency, 
and published the text of the rules, along with an Explanation and 
Justification, in the Federal Register. 61 FR 42371 (Aug. 15,

[[Page 58461]]

1996). These rules implement provisions of Public Law 104-79, which 
amended the Federal Election Campaign Act of 1971, 2 U.S.C. 431 et seq. 
[``FECA''], to require, inter alia, that the Commission create a system 
to ``permit reports required by this Act to be filed and preserved by 
means of computer disk or any other electronic format or method, as 
determined by the Commission.'' Federal Election Campaign Act of 1971, 
Amendment, Public Law 104-79, section 1(a), 109 Stat. 791 (December 28, 
1995).
    The Commission submitted the electronic filing rules to Congress 
for legislative review on August 9, 1996. Since these rules are not 
major rules within the meaning of 5 U.S.C. 804(2), the FECA controls 
the legislative review process. See 5 U.S.C. 801(a)(4), Small Business 
Regulatory Enforcement Fairness Act, Public Law 104-121, section 251, 
110 Stat. 857, 869 (1996). Section 438(d) of the FECA requires that any 
rules or regulations prescribed by the Commission to carry out the 
provisions of Title 2 of the United States Code be transmitted to the 
Speaker of the House of Representatives and the President of the Senate 
30 legislative days before they are finally promulgated.
    When Congress adjourned sine die on October 4, 1996, the rules had 
not been before Congress for 30 legislative days. Consequently, the 
Commission must resubmit the rules for review in the 105th Congress, 
which is scheduled to convene on January 7, 1997.
    Ordinarily, this delay would not cause significant difficulty for 
the Commission. However, the statute creating the electronic filing 
system specifically requires the Commission make the electronic filing 
system available for ``reports for periods beginning after December 31, 
1996.'' Public Law 104-79, section 1(c). Thus, the Commission is 
required to have the system in place by January 1, 1997.
    The Commission is announcing today that it will put the electronic 
filing rules published on August 15, 1996 into effect on an interim 
basis in order to meet this statutory deadline. See 61 FR 42371. The 
interim rules will go into effect on January 1, 1997. The Commission is 
also announcing that it will retransmit the rules and Explanation and 
Justification to Congress in early January. The rules will be 
retransmitted before the 105th Congress convenes on January 7, 1997 in 
order to begin the review period at the earliest opportunity. After 
they have been before Congress for 30 legislative days, the Commission 
will announce a date when the interim rules will go into effect as 
final rules. The Commission expects this date to be in late March or 
early April.

    Dated: November 8, 1996.
Lee Ann Elliott,
Chairman, Federal Election Commission.
[FR Doc. 96-29235 Filed 11-14-96; 8:45 am]
BILLING CODE 6715-01-P